```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1611 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Data Center Consolidation 
Act of 2013''.

SEC. 2. FEDERAL DATA CENTER CONSOLIDATION INITIATIVE.

    (a) Definitions.--In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator for the Office of E-Government and Information 
        Technology within the Office of Management and Budget.
            (2) FDCCI.--The term ``FDCCI'' means the Federal Data 
        Center Consolidation Initiative described in the Office of 
        Management and Budget Memorandum on the Federal Data Center 
        Consolidation Initiative, dated February 26, 2010, or any 
        successor thereto.
    (b) Federal Data Center Consolidation Inventories and Strategies.--
            (1) In general.--
                    (A) Annual reporting.--Each year, beginning in the 
                first fiscal year after the date of enactment of this 
                Act and for each of the 4 fiscal years thereafter, the 
                head of each agency that is described in subparagraph 
                (D), assisted by the Chief Information Officer of the 
                agency, shall submit to the Administrator--
                            (i) a comprehensive asset inventory of the 
                        data centers owned, operated, or maintained by 
                        or on behalf of the agency, even if the center 
                        is administered by a third party; and
                            (ii) a multi-year strategy to achieve the 
                        optimization and consolidation of agency data 
                        center assets, that includes--
                                    (I) performance metrics--
                                            (aa) that are consistent 
                                        with performance metrics 
                                        established by the 
                                        Administrator under 
                                        subparagraphs (C) and (G) of 
                                        paragraph (2); and
                                            (bb) by which the 
                                        quantitative and qualitative 
                                        progress of the agency toward 
                                        data center consolidation goals 
                                        can be measured;
                                    (II) a timeline for agency 
                                activities completed under the FDCCI, 
                                with an emphasis on benchmarks the 
                                agency can achieve by specific dates;
                                    (III) an aggregation of year-by-
                                year investment and cost savings 
                                calculations for the period beginning 
                                on the date of enactment of this Act 
                                and ending on the date described in 
                                subsection (e), broken down by each 
                                year, including a description of any 
                                initial costs for data center 
                                consolidation and life cycle cost 
                                savings, with an emphasis on--
                                            (aa) meeting the 
                                        Government-wide performance 
                                        metrics described in 
                                        subparagraphs (C) and (G) of 
                                        paragraph (2); and
                                            (bb) demonstrating agency-
                                        specific savings each fiscal 
                                        year achieved through the 
                                        FDCCI; and
                                    (IV) any additional information 
                                required by the Administrator.
                    (B) Use of existing reporting structures.--The 
                Administrator may require agencies described in 
                subparagraph (D) to submit any information required to 
                be submitted under this subsection through reporting 
                structures in use as of the date of enactment of this 
                Act.
                    (C) Certification.--Each year, beginning in the 
                first fiscal year after the date of enactment of this 
                Act and for each of the 4 fiscal years thereafter, 
                acting through the chief information officer of the 
                agency, shall submit a statement to the Administrator 
                certifying that the agency has complied with the 
                requirements of this Act.
                    (D) Agencies described.--The agencies (including 
                all associated components of the agency) described in 
                this paragraph are the--
                            (i) Department of Agriculture;
                            (ii) Department of Commerce;
                            (iii) Department of Defense;
                            (iv) Department of Education;
                            (v) Department of Energy;
                            (vi) Department of Health and Human 
                        Services;
                            (vii) Department of Homeland Security;
                            (viii) Department of Housing and Urban 
                        Development;
                            (ix) Department of the Interior;
                            (x) Department of Justice;
                            (xi) Department of Labor;
                            (xii) Department of State;
                            (xiii) Department of Transportation;
                            (xiv) Department of the Treasury;
                            (xv) Department of Veterans Affairs;
                            (xvi) Environmental Protection Agency;
                            (xvii) General Services Administration;
                            (xviii) National Aeronautics and Space 
                        Administration;
                            (xix) National Science Foundation;
                            (xx) Nuclear Regulatory Commission;
                            (xxi) Office of Personnel Management;
                            (xxii) Small Business Administration;
                            (xxiii) Social Security Administration; and
                            (xxiv) United States Agency for 
                        International Development.
                    (E) Agency implementation of strategies.--Each 
                agency described in subparagraph (D), under the 
                direction of the Chief Information Officer of the 
                agency shall--
                            (i) implement the consolidation strategy 
                        required under subparagraph (A)(ii); and
                            (ii) provide updates to the Administrator, 
                        on a quarterly basis, of--
                                    (I) the completion of activities by 
                                the agency under the FDCCI;
                                    (II) any progress of the agency 
                                towards meeting the Government-wide 
                                data center performance metrics 
                                described in subparagraphs (C) and (G) 
                                of paragraph (2); and
                                    (III) the actual cost savings 
                                realized through the implementation of 
                                the FDCCI.
                    (F) Rule of construction.--Nothing in this 
                paragraph shall be construed to limit the reporting of 
                information by any agency described in subparagraph (F) 
                to the Administrator, the Director of the Office of 
                Management and Budget, or to Congress.
            (2) Administrator responsibilities.--The Administrator 
        shall--
                    (A) establish the deadline, on an annual basis, for 
                agencies to submit information under this section;
                    (B) establish a list of requirements that the 
                agencies must meet to be considered in compliance with 
                paragraph (1);
                    (C) ensure that each certification submitted under 
                paragraph (1)(C) and information relating to agency 
                progress towards meeting the Government-wide total cost 
                of ownership optimization and consolidation metrics is 
                made available in a timely manner to the general 
                public;
                    (D) review the plans submitted under paragraph (1) 
                to determine whether each plan is comprehensive and 
                complete;
                    (E) monitor the implementation of the data center 
                plan of each agency described in paragraph (1)(A)(ii);
                    (F) update, on an annual basis, the cumulative cost 
                savings realized through the implementation of the 
                agency plans; and
                    (G) establish Government-wide data center total 
                cost of ownership optimization and consolidation 
                metrics, which shall include server efficiency and 
                other comprehensive metrics established at the 
                discretion of the Administrator.
            (3) Cost saving goal and updates for congress.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Administrator shall 
                develop and publish a goal for the total amount of 
                planned cost savings by the Federal Government through 
                the Federal Data Center Consolidation Initiative during 
                the 5-year period beginning on the date of enactment of 
                this Act, which shall include a breakdown on a year-by-
                year basis of the projected savings.
                    (B) Annual update.--
                            (i) In general.--Not later than 1 year 
                        after the date on which the goal described in 
                        subparagraph (A) is determined and each year 
                        thereafter until the end of 2018, the 
                        Administrator shall aggregate the savings 
                        achieved to date, by each relevant agency, 
                        through the FDCCI as compared to the projected 
                        savings developed under subparagraph (A) (based 
                        on data collected from each affected agency 
                        under paragraph (1)).
                            (ii) Update for congress.--The goal 
                        required to be developed and published under 
                        subparagraph (A) shall be submitted to Congress 
                        and shall include an update on the progress 
                        made by each agency described in subsection 
                        paragraph (1)(E) on--
                                    (I) whether each agency has in fact 
                                submitted a comprehensive asset 
                                inventory, including an assessment 
                                broken down by agency, which shall 
                                include the specific numbers, 
                                utilization, and efficiency level of 
                                data centers; and
                                    (II) whether each agency has 
                                submitted a comprehensive consolidation 
                                plan with the key elements described in 
                                paragraph (1)(A)(ii).
                            (iii) Request for information.--Upon 
                        request from the Committee on Homeland Security 
                        and Governmental Affairs of the Senate or the 
                        Committee on Oversight and Government Reform of 
                        the House of Representatives, the head of an 
                        agency described in paragraph (1)(E) or the 
                        Director of the Office of Management and Budget 
                        shall submit to the requesting committee any 
                        report or information submitted to the Office 
                        of Management and Budget for the purpose of 
                        preparing a report required under clause (i) or 
                        an updated progress report required under 
                        clause (ii).
            (4) GAO review.--
                    (A) In general.--During the 5-fiscal-year period 
                following the date of enactment of this Act, the 
                Comptroller General of the United States shall review 
                the quality and completeness, and verify, each agency's 
                asset inventory and plans required under paragraph 
                (1)(A).
                    (B) Report.--The Comptroller General of the United 
                States shall, on an annual basis during the 5-fiscal-
                year period following the date of enactment of this 
                Act, publish a report on each review conducted under 
                subparagraph (A) of an agency during the fiscal year 
                for which the report is published.
    (c) Ensuring Cybersecurity Standards for Data Center Consolidation 
and Cloud Computing.--An agency required to implement a data center 
consolidation plan under this Act and migrate to cloud computing shall 
do so in a manner that is consistent with Federal guidelines on cloud 
computing security, including--
            (1) applicable provisions found within the Federal Risk and 
        Authorization Management Program (FedRAMP); and
            (2) guidance published by the National Institute of 
        Standards and Technology.
    (d) Classified Information.--The Director of National Intelligence 
may waive the requirements of this Act for any element (or component of 
an element) of the intelligence community.
    (e) Sunset.--This Act is repealed effective on October 1, 2018.
                                 <all>
```