II 

113TH CONGRESS 

1ST SESSION S. 1611 

To require certain agencies to conduct assessments of data centers and 

develop data center consolidation and optimization plans. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 30, 2013 

Mr. BENNET (for himself, Mr. COBURN, and Ms. AYOTTE) introduced the following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To require certain agencies to conduct assessments of data 

centers and develop data center consolidation and optimization plans. 

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 Consolidation Act of 2013’’. 

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

8 (a) DEFINITIONS.—In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator for the Office of E3 Government and Information Technology within the 

4 Office of Management and Budget. 

5 (2) FDCCI.—The term ‘‘FDCCI’’ means the 

6 Federal Data Center Consolidation Initiative de7 scribed in the Office of Management and Budget 

8 Memorandum on the Federal Data Center Consoli9 dation Initiative, dated February 26, 2010, or any 

10 successor thereto. 

11 (b) FEDERAL DATA CENTER CONSOLIDATION IN12 VENTORIES AND STRATEGIES.— 

13 (1) IN GENERAL.— 

14 (A) ANNUAL REPORTING.—Each year, be15 ginning in the first fiscal year after the date of 

16 enactment of this Act and for each of the 4 fis17 cal years thereafter, the head of each agency 

18 that is described in subparagraph (D), assisted 

19 by the Chief Information Officer of the agency, 

20 shall submit to the Administrator— 

21 (i) a comprehensive asset inventory of 

22 the data centers owned, operated, or main23 tained by or on behalf of the agency, even 

24 if the center is administered by a third 

25 party; and 


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1 (ii) a multi-year strategy to achieve 

2 the optimization and consolidation of agen3 cy data center assets, that includes— 

4 (I) performance metrics— 

5 (aa) that are consistent with 

6 performance metrics established 

7 by the Administrator under sub8 paragraphs (C) and (G) of para9 graph (2); and 

10 (bb) by which the quan11 titative and qualitative progress 

12 of the agency toward data center 

13 consolidation goals can be meas14 ured; 

15 (II) a timeline for agency activi16 ties completed under the FDCCI, with 

17 an emphasis on benchmarks the agen18 cy can achieve by specific dates; 

19 (III) an aggregation of year-by20 year investment and cost savings cal21 culations for the period beginning on 

22 the date of enactment of this Act and 

23 ending on the date described in sub24 section (e), broken down by each year, 

25 including a description of any initial 


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1 costs for data center consolidation and 

2 life cycle cost savings, with an empha3 sis on— 

4 (aa) meeting the Govern5 ment-wide performance metrics 

6 described in subparagraphs (C) 

7 and (G) of paragraph (2); and 

8 (bb) demonstrating agency9 specific savings each fiscal year 

10 achieved through the FDCCI; 

11 and 

12 (IV) any additional information 

13 required by the Administrator. 

14 (B) USE OF EXISTING REPORTING STRUC15 TURES.—The Administrator may require agen16 cies described in subparagraph (D) to submit 

17 any information required to be submitted under 

18 this subsection through reporting structures in 

19 use as of the date of enactment of this Act. 

20 (C) CERTIFICATION.—Each year, begin21 ning in the first fiscal year after the date of en22 actment of this Act and for each of the 4 fiscal 

23 years thereafter, acting through the chief infor24 mation officer of the agency, shall submit a 

25 statement to the Administrator certifying that 


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1 the agency has complied with the requirements 

2 of this Act. 

3 (D) AGENCIES DESCRIBED.—The agencies 

4 (including all associated components of the 

5 agency) described in this paragraph are the— 

6 (i) Department of Agriculture; 

7 (ii) Department of Commerce; 

8 (iii) Department of Defense; 

9 (iv) Department of Education; 

10 (v) Department of Energy; 

11 (vi) Department of Health and 

12 Human Services; 

13 (vii) Department of Homeland Secu14 rity; 

15 (viii) Department of Housing and 

16 Urban Development; 

17 (ix) Department of the Interior; 

18 (x) Department of Justice; 

19 (xi) Department of Labor; 

20 (xii) Department of State; 

21 (xiii) Department of Transportation; 

22 (xiv) Department of the Treasury; 

23 (xv) Department of Veterans Affairs; 

24 (xvi) Environmental Protection Agen25 cy; 


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1 (xvii) General Services Administra2 tion; 

3 (xviii) National Aeronautics and 

4 Space Administration; 

5 (xix) National Science Foundation; 

6 (xx) Nuclear Regulatory Commission; 

7 (xxi) Office of Personnel Manage8 ment; 

9 (xxii) Small Business Administration; 

10 (xxiii) Social Security Administration; 

11 and 

12 (xxiv) United States Agency for Inter13 national Development. 

14 (E) AGENCY IMPLEMENTATION OF STRAT15 EGIES.—Each agency described in subpara16 graph (D), under the direction of the Chief In17 formation Officer of the agency shall— 

18 (i) implement the consolidation strat19 egy required under subparagraph (A)(ii); 

20 and 

21 (ii) provide updates to the Adminis22 trator, on a quarterly basis, of— 

23 (I) the completion of activities by 

24 the agency under the FDCCI; 


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1 (II) any progress of the agency 

2 towards meeting the Government-wide 

3 data center performance metrics de4 scribed in subparagraphs (C) and (G) 

5 of paragraph (2); and 

6 (III) the actual cost savings real7 ized through the implementation of 

8 the FDCCI. 

9 (F) RULE OF CONSTRUCTION.—Nothing in 

10 this paragraph shall be construed to limit the 

11 reporting of information by any agency de12 scribed in subparagraph (F) to the Adminis13 trator, the Director of the Office of Manage14 ment and Budget, or to Congress. 

15 (2) ADMINISTRATOR RESPONSIBILITIES.—The 

16 Administrator shall— 

17 (A) establish the deadline, on an annual 

18 basis, for agencies to submit information under 

19 this section; 

20 (B) establish a list of requirements that 

21 the agencies must meet to be considered in 

22 compliance with paragraph (1); 

23 (C) ensure that each certification sub24 mitted under paragraph (1)(C) and information 

25 relating to agency progress towards meeting the 


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1 Government-wide total cost of ownership opti2 mization and consolidation metrics is made 

3 available in a timely manner to the general pub4 lic; 

5 (D) review the plans submitted under 

6 paragraph (1) to determine whether each plan 

7 is comprehensive and complete; 

8 (E) monitor the implementation of the 

9 data center plan of each agency described in 

10 paragraph (1)(A)(ii); 

11 (F) update, on an annual basis, the cumu12 lative cost savings realized through the imple13 mentation of the agency plans; and 

14 (G) establish Government-wide data center 

15 total cost of ownership optimization and con16 solidation metrics, which shall include server ef17 ficiency and other comprehensive metrics estab18 lished at the discretion of the Administrator. 

19 (3) COST SAVING GOAL AND UPDATES FOR CON20 GRESS.— 

21 (A) IN GENERAL.—Not later than 1 year 

22 after the date of enactment of this Act, the Ad23 ministrator shall develop and publish a goal for 

24 the total amount of planned cost savings by the 

25 Federal Government through the Federal Data 


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1 Center Consolidation Initiative during the 5- 

2 year period beginning on the date of enactment 

3 of this Act, which shall include a breakdown on 

4 a year-by-year basis of the projected savings. 

5 (B) ANNUAL UPDATE.— 

6 (i) IN GENERAL.—Not later than 1 

7 year after the date on which the goal de8 scribed in subparagraph (A) is determined 

9 and each year thereafter until the end of 

10 2018, the Administrator shall aggregate 

11 the savings achieved to date, by each rel12 evant agency, through the FDCCI as com13 pared to the projected savings developed 

14 under subparagraph (A) (based on data 

15 collected from each affected agency under 

16 paragraph (1)). 

17 (ii) UPDATE FOR CONGRESS.—The 

18 goal required to be developed and pub19 lished under subparagraph (A) shall be 

20 submitted to Congress and shall include an 

21 update on the progress made by each agen22 cy described in subsection paragraph 

23 (1)(E) on— 

24 (I) whether each agency has in 

25 fact submitted a comprehensive asset 


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1 inventory, including an assessment 

2 broken down by agency, which shall 

3 include the specific numbers, utiliza4 tion, and efficiency level of data cen5 ters; and 

6 (II) whether each agency has 

7 submitted a comprehensive consolida8 tion plan with the key elements de9 scribed in paragraph (1)(A)(ii). 

10 (iii) REQUEST FOR INFORMATION.— 

11 Upon request from the Committee on 

12 Homeland Security and Governmental Af13 fairs of the Senate or the Committee on 

14 Oversight and Government Reform of the 

15 House of Representatives, the head of an 

16 agency described in paragraph (1)(E) or 

17 the Director of the Office of Management 

18 and Budget shall submit to the requesting 

19 committee any report or information sub20 mitted to the Office of Management and 

21 Budget for the purpose of preparing a re22 port required under clause (i) or an up23 dated progress report required under 

24 clause (ii). 

25 (4) GAO REVIEW.— 


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1 (A) IN GENERAL.—During the 5-fiscal2 year period following the date of enactment of 

3 this Act, the Comptroller General of the United 

4 States shall review the quality and complete5 ness, and verify, each agency’s asset inventory 

6 and plans required under paragraph (1)(A). 

7 (B) REPORT.—The Comptroller General of 

8 the United States shall, on an annual basis dur9 ing the 5-fiscal-year period following the date of 

10 enactment of this Act, publish a report on each 

11 review conducted under subparagraph (A) of an 

12 agency during the fiscal year for which the re13 port is published. 

14 (c) ENSURING CYBERSECURITY STANDARDS FOR

15 DATA CENTER CONSOLIDATION AND CLOUD COM16 PUTING.—An agency required to implement a data center 

17 consolidation plan under this Act and migrate to cloud 

18 computing shall do so in a manner that is consistent with 

19 Federal guidelines on cloud computing security, includ20 ing— 

21 (1) applicable provisions found within the Fed22 eral Risk and Authorization Management Program 

23 (FedRAMP); and 

24 (2) guidance published by the National Insti25 tute of Standards and Technology. 


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1 (d) CLASSIFIED INFORMATION.—The Director of Na2 tional Intelligence may waive the requirements of this Act 

3 for any element (or component of an element) of the intel4 ligence community. 

5 (e) SUNSET.—This Act is repealed effective on Octo6 ber 1, 2018. 

Æ 


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