II 

117TH CONGRESS 

2D SESSION S. 4629 

To amend the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense 

Authorization Act for Fiscal Year 2015 to modify requirements relating 

to data centers of certain Federal agencies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2022 

Ms. ROSEN (for herself, Mr. CORNYN, and Mr. PETERS) introduced the following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To amend the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

National Defense Authorization Act for Fiscal Year 2015 

to modify requirements relating to data centers of certain 

Federal agencies, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Data Center 

5 Enhancement Act of 2022’’. 

6 SEC. 2. FEDERAL DATA CENTER CONSOLIDATION INITIA7 TIVE AMENDMENTS. 

8 (a) FINDINGS.—Congress finds the following: 


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1 (1) The statutory authorization for the Federal 

2 Data Center Optimization Initiative under section 

3 834 of the Carl Levin and Howard P. ‘‘Buck’’ 

4 McKeon National Defense Authorization Act for 

5 Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 

6 113–291) expires at the end of fiscal year 2022. 

7 (2) The expiration of the authorization de8 scribed in paragraph (1) presents Congress with an 

9 opportunity to review the objectives of the Federal 

10 Data Center Optimization Initiative to ensure that 

11 the initiative is meeting the current needs of the 

12 Federal Government. 

13 (3) The initial focus of the Federal Data Center 

14 Optimization Initiative, which was to consolidate 

15 data centers and create new efficiencies, has resulted 

16 in, since 2010— 

17 (A) the consolidation of more than 6,000 

18 Federal data centers; and 

19 (B) cost savings and avoidance of 

20 $5,800,000,000. 

21 (4) The need of the Federal Government for ac22 cess to data and data processing systems has evolved 

23 since the date of enactment in 2014 of subtitle D of 

24 title VIII of the Carl Levin and Howard P. ‘‘Buck’’ 


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1 McKeon National Defense Authorization Act for 

2 Fiscal Year 2015. 

3 (5) Federal agencies and employees involved in 

4 mission critical functions increasingly need reliable 

5 access to secure, reliable, sustainable, and protected 

6 facilities to house mission critical data and data op7 erations to meet the immediate needs of the people 

8 of the United States. 

9 (6) As of the date of enactment of this Act, 

10 there is a growing need for Federal agencies to use 

11 data centers and cloud applications that meet high 

12 standards for cybersecurity, resiliency, availability, 

13 and sustainability. 

14 (b) MINIMUM REQUIREMENTS FOR NEW DATA CEN15 TERS.—Section 834 of the Carl Levin and Howard P. 

16 ‘‘Buck’’ McKeon National Defense Authorization Act for 

17 Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 113– 

18 291) is amended— 

19 (1) in subsection (a), by striking paragraphs 

20 (3) and (4) and inserting the following: 

21 ‘‘(3) NEW DATA CENTER.—The term ‘new data 

22 center’ means a— 

23 ‘‘(A)(i) data center or a portion thereof 

24 that is owned, operated, or maintained by a 

25 covered agency; or 


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1 ‘‘(ii) to the extent practicable, a data cen2 ter or portion thereof— 

3 ‘‘(I) that is owned, operated, or main4 tained by a contractor on behalf of a cov5 ered agency on the date on which the con6 tract between the covered agency and the 

7 contractor expires; and 

8 ‘‘(II) with respect to which the cov9 ered agency extends the contract, or enters 

10 into a new contract, with the contractor; 

11 and 

12 ‘‘(B) on or after the date that is 180 days 

13 after the date of enactment of the Federal Data 

14 Center Enhancement Act of 2022 that is— 

15 ‘‘(i) established; or 

16 ‘‘(ii) substantially upgraded or ex17 panded.’’; 

18 (2) by striking subsection (b) and inserting the 

19 following: 

20 ‘‘(b) MINIMUM REQUIREMENTS FOR NEW DATA

21 CENTERS.— 

22 ‘‘(1) IN GENERAL.—Not later than 180 days 

23 after the date of enactment of the Federal Data 

24 Center Enhancement Act of 2022, the Administrator 

25 shall establish minimum requirements for new data 


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1 centers in consultation with the Administrator of 

2 General Services and the Federal Chief Information 

3 Officers Council. 

4 ‘‘(2) CONTENTS.— 

5 ‘‘(A) IN GENERAL.—The minimum re6 quirements established under paragraph (1) 

7 shall include requirements relating to— 

8 ‘‘(i) the availability of new data cen9 ters; 

10 ‘‘(ii) the use of new data centers; 

11 ‘‘(iii) the use of sustainable energy 

12 sources; 

13 ‘‘(iv) uptime percentage; 

14 ‘‘(v) protections against power fail15 ures, including on-site energy generation 

16 and access to multiple transmission paths; 

17 ‘‘(vi) protections against physical in18 trusions and natural disasters; 

19 ‘‘(vii) information security protections 

20 required by subchapter II of chapter 35 of 

21 title 44, United States Code, and other ap22 plicable law and policy; and 

23 ‘‘(viii) any other requirements the Ad24 ministrator determines appropriate. 


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1 ‘‘(B) CONSULTATION.—In establishing the 

2 requirements described in subparagraph 

3 (A)(vii), the Administrator shall consult with 

4 the Director of the Cybersecurity and Infra5 structure Security Agency and the National 

6 Cyber Director. 

7 ‘‘(3) USE OF EXISTING STANDARDS.—The Ad8 ministrator may incorporate the minimum require9 ments established under paragraph (1) into the ap10 propriate requirements of any agency data center ex11 isting as of the date of enactment of the Federal 

12 Data Center Enhancement Act of 2022. 

13 ‘‘(4) REVIEW OF STANDARDS.—The Adminis14 trator, in consultation with the Administrator of 

15 General Services and the Federal Chief Information 

16 Officers Council, shall review, update, and modify 

17 the minimum requirements established under para18 graph (1), as necessary. 

19 ‘‘(5) REPORT ON NEW DATA CENTERS.—During 

20 the development and planning lifecycle of a new data 

21 center, if the head of a covered agency determines 

22 that the covered agency is likely to make a manage23 ment or financial decision relating to the new data 

24 center, the head of the covered agency shall— 

25 ‘‘(A) notify— 


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1 ‘‘(i) the Administrator; 

2 ‘‘(ii) Committee on Homeland Secu3 rity and Governmental Affairs of the Sen4 ate; and 

5 ‘‘(iii) Committee on Oversight and Re6 form of the House of Representatives; and 

7 ‘‘(B) describe in the notification with suffi8 cient detail how the covered agency intends to 

9 comply with the minimum requirements estab10 lished under paragraph (1). 

11 ‘‘(6) USE OF TECHNOLOGY.—In determining 

12 whether to establish or continue to operate a data 

13 center, the head of a covered agency shall— 

14 ‘‘(A) regularly assess the application port15 folio of the covered agency and ensure that each 

16 legacy application is updated, replaced, or mod17 ernized, as appropriate, to take advantage of 

18 modern technologies; and 

19 ‘‘(B) prioritize and, to the greatest extent 

20 possible, leverage commercial cloud environ21 ments rather than acquiring, overseeing, or 

22 managing custom data center infrastructure.’’; 

23 and 

24 (3) in subsection (c), by striking paragraph (1) 

25 and inserting the following: 


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1 ‘‘(1) IN GENERAL.—The head of a covered 

2 agency shall oversee and manage the data center 

3 portfolio and the information technology strategy of 

4 the covered agency in accordance with Federal cy5 bersecurity guidelines and directives, including— 

6 ‘‘(A) information security standards and 

7 guidelines promulgated by the Director of the 

8 National Institute of Standards and Tech9 nology; 

10 ‘‘(B) applicable provisions found within the 

11 Federal Risk and Authorization Management 

12 Program; and 

13 ‘‘(C) directives issued by the Secretary of 

14 Homeland Security under section 3553 of title 

15 44, United States Code.’’. 

16 (c) EXTENSION OF SUNSET.—Section 834(e) of the 

17 Carl Levin and Howard P. ‘‘Buck’’ McKeon National De18 fense Authorization Act for Fiscal Year 2015 (44 U.S.C. 

19 3601 note; Public Law 113–291) is amended by striking 

20 ‘‘2022’’ and inserting ‘‘2025’’. 

Æ 


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