IC 

113TH CONGRESS 

2D SESSION S. 1611 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 19, 2014 

Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Consolidation Act of 2013’’. 

4 SEC. 2. FEDERAL DATA CENTER CONSOLIDATION INITIA5 TIVE. 

6 (a) DEFINITIONS.—In this Act: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator for the Office of 

9 E–Government and Information Technology within 

10 the Office of Management and Budget. 

11 (2) COVERED AGENCY.—The term ‘‘covered 

12 agency’’ means the following (including all associ13 ated components of the agency): 

14 (A) Department of Agriculture; 

15 (B) Department of Commerce; 

16 (C) Department of Defense; 

17 (D) Department of Education; 

18 (E) Department of Energy; 

19 (F) Department of Health and Human 

20 Services; 

21 (G) Department of Homeland Security; 

22 (H) Department of Housing and Urban 

23 Development; 

24 (I) Department of the Interior; 

25 (J) Department of Justice; 

26 (K) Department of Labor; 


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1 (L) Department of State; 

2 (M) Department of Transportation; 

3 (N) Department of Treasury; 

4 (O) Department of Veterans Affairs; 

5 (P) Environmental Protection Agency; 

6 (Q) General Services Administration; 

7 (R) National Aeronautics and Space Ad8 ministration; 

9 (S) National Science Foundation; 

10 (T) Nuclear Regulatory Commission; 

11 (U) Office of Personnel Management; 

12 (V) Small Business Administration; 

13 (W) Social Security Administration; and 

14 (X) United States Agency for International 

15 Development. 

16 (3) FDCCI.—The term ‘‘FDCCI’’ means the 

17 Federal Data Center Consolidation Initiative de18 scribed in the Office of Management and Budget 

19 Memorandum on the Federal Data Center Consoli20 dation Initiative, dated February 26, 2010, or any 

21 successor thereto. 

22 (4) GOVERNMENT-WIDE DATA CENTER CON23 SOLIDATION AND OPTIMIZATION METRICS.—The 

24 term ‘‘Government-wide data center consolidation 

25 and optimization metrics’’ means the metrics estabVerDate Sep 11 2014 21:12 Sep 23, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1611.RFH S1611

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1 lished by the Administrator under subsection 

2 (b)(2)(G). 

3 (b) FEDERAL DATA CENTER CONSOLIDATION IN4 VENTORIES AND STRATEGIES.— 

5 (1) IN GENERAL.— 

6 (A) ANNUAL REPORTING.—Each year, be7 ginning in the first fiscal year after the date of 

8 enactment of this Act and each fiscal year 

9 thereafter, the head of each covered agency, as10 sisted by the Chief Information Officer of the 

11 agency, shall submit to the Administrator— 

12 (i) a comprehensive inventory of the 

13 data centers owned, operated, or main14 tained by or on behalf of the agency; and 

15 (ii) a multi-year strategy to achieve 

16 the consolidation and optimization of the 

17 data centers inventoried under clause (i), 

18 that includes— 

19 (I) performance metrics— 

20 (aa) that are consistent with 

21 the Government-wide data center 

22 consolidation and optimization 

23 metrics; and 

24 (bb) by which the quan25 titative and qualitative progress 


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1 of the agency toward the goals of 

2 the FDCCI can be measured; 

3 (II) a timeline for agency activi4 ties to be completed under the 

5 FDCCI, with an emphasis on bench6 marks the agency can achieve by spe7 cific dates; 

8 (III) year-by-year calculations of 

9 investment and cost savings for the 

10 period beginning on the date of enact11 ment of this Act and ending on the 

12 date described in subsection (e), bro13 ken down by each year, including a 

14 description of any initial costs for 

15 data center consolidation and optimi16 zation and life cycle cost savings and 

17 other improvements, with an emphasis 

18 on— 

19 (aa) meeting the Govern20 ment-wide data center consolida21 tion and optimization metrics; 

22 and 

23 (bb) demonstrating the 

24 amount of agency-specific cost 


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1 savings each fiscal year achieved 

2 through the FDCCI; and 

3 (IV) any additional information 

4 required by the Administrator. 

5 (B) USE OF OTHER REPORTING STRUC6 TURES.—The Administrator may require a cov7 ered agency to include the information required 

8 to be submitted under this subsection through 

9 reporting structures determined by the Admin10 istrator to be appropriate. 

11 (C) DEPARTMENT OF DEFENSE REPORT12 ING.—For any year that the Department of De13 fense is required to submit a performance plan 

14 for reduction of resources required for data 

15 servers and centers, as required under section 

16 2867(b) of the National Defense Authorization 

17 Act for Fiscal Year 2012 (10 U.S.C. 2223a 

18 note), the Department of Defense— 

19 (i) may submit to the Administrator, 

20 in lieu of the multi-year strategy required 

21 under subparagraph (A)(ii)— 

22 (I) the defense-wide plan re23 quired under section 2867(b)(2) of 

24 the National Defense Authorization 


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1 Act for Fiscal Year 2012 (10 U.S.C. 

2 2223a note); and 

3 (II) the report on cost savings re4 quired under section 2867(d) of the 

5 National Defense Authorization Act 

6 for Fiscal Year 2012 (10 U.S.C. 

7 2223a note); and 

8 (ii) shall submit the comprehensive in9 ventory required under subparagraph 

10 (A)(i), unless the defense-wide plan re11 quired under section 2867(b)(2) of the Na12 tional Defense Authorization Act for Fiscal 

13 Year 2012 (10 U.S.C. 2223a note)— 

14 (I) contains a comparable com15 prehensive inventory; and 

16 (II) is submitted under clause (i). 

17 (D) STATEMENT.—Each year, beginning in 

18 the first fiscal year after the date of enactment 

19 of this Act and each fiscal year thereafter, the 

20 head of each covered agency, acting through the 

21 Chief Information Officer of the agency, shall— 

22 (i)(I) submit a statement to the Ad23 ministrator stating whether the agency has 

24 complied with the requirements of this Act; 

25 and 


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1 (II) make the statement submitted 

2 under subclause (I) publically available; 

3 and 

4 (ii) if the agency has not complied 

5 with the requirements of this Act, submit 

6 a statement to the Administrator explain7 ing the reasons for not complying with 

8 such requirements. 

9 (E) AGENCY IMPLEMENTATION OF STRAT10 EGIES.—Each covered agency, under the direc11 tion of the Chief Information Officer of the 

12 agency, shall— 

13 (i) implement the strategy required 

14 under subparagraph (A)(ii); and 

15 (ii) provide updates to the Adminis16 trator, on a quarterly basis, of— 

17 (I) the completion of activities by 

18 the agency under the FDCCI; 

19 (II) any progress of the agency 

20 towards meeting the Government-wide 

21 data center consolidation and optimi22 zation metrics; and 

23 (III) the actual cost savings and 

24 other improvements realized through 


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1 the implementation of the strategy of 

2 the agency. 

3 (F) RULE OF CONSTRUCTION.—Nothing in 

4 this Act shall be construed to limit the report5 ing of information by a covered agency to the 

6 Administrator, the Director of the Office of 

7 Management and Budget, or Congress. 

8 (2) ADMINISTRATOR RESPONSIBILITIES.—The 

9 Administrator shall— 

10 (A) establish the deadline, on an annual 

11 basis, for covered agencies to submit informa12 tion under this section; 

13 (B) establish a list of requirements that 

14 the covered agencies must meet to be consid15 ered in compliance with paragraph (1); 

16 (C) ensure that information relating to 

17 agency progress towards meeting the Govern18 ment-wide data center consolidation and optimi19 zation metrics is made available in a timely 

20 manner to the general public; 

21 (D) review the inventories and strategies 

22 submitted under paragraph (1) to determine 

23 whether they are comprehensive and complete; 


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1 (E) monitor the implementation of the 

2 data center strategy of each covered agency 

3 that is required under paragraph (1)(A)(ii); 

4 (F) update, on an annual basis, the cumu5 lative cost savings realized through the imple6 mentation of the FDCCI; and 

7 (G) establish metrics applicable to the con8 solidation and optimization of data centers Gov9 ernment-wide, including metrics with respect 

10 to— 

11 (i) costs; 

12 (ii) efficiencies, including at least 

13 server efficiency; and 

14 (iii) any other metrics the Adminis15 trator establishes under this subparagraph. 

16 (3) COST SAVING GOAL AND UPDATES FOR CON17 GRESS.— 

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

19 after the date of enactment of this Act, the Ad20 ministrator shall develop, and make publically 

21 available, a goal, broken down by year, for the 

22 amount of planned cost savings and optimiza23 tion improvements achieved through the FDCCI 

24 during the period beginning on the date of enVerDate Sep 11 2014 21:12 Sep 23, 2014 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1611.RFH S1611

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1 actment of this Act and ending on the date de2 scribed in subsection (e). 

3 (B) ANNUAL UPDATE.— 

4 (i) IN GENERAL.—Not later than 1 

5 year after the date on which the goal de6 scribed in subparagraph (A) is made pub7 lically available, and each year thereafter, 

8 the Administrator shall aggregate the re9 ported cost savings of each covered agency 

10 and optimization improvements achieved to 

11 date through the FDCCI and compare the 

12 savings to the projected cost savings and 

13 optimization improvements developed 

14 under subparagraph (A). 

15 (ii) UPDATE FOR CONGRESS.—The 

16 goal required to be developed under sub17 paragraph (A) shall be submitted to Con18 gress and shall be accompanied by a state19 ment describing— 

20 (I) whether each covered agency 

21 has in fact submitted a comprehensive 

22 asset inventory, including an assess23 ment broken down by agency, which 

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1 lization, and efficiency level of data 

2 centers; and 

3 (II) whether each covered agency 

4 has submitted a comprehensive con5 solidation strategy with the key ele6 ments described in paragraph 

7 (1)(A)(ii). 

8 (4) GAO REVIEW.— 

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

10 after the date of enactment of this Act, and 

11 each year thereafter, the Comptroller General of 

12 the United States shall review and verify the 

13 quality and completeness of the asset inventory 

14 and strategy of each covered agency required 

15 under paragraph (1)(A). 

16 (B) REPORT.—The Comptroller General of 

17 the United States shall, on an annual basis, 

18 publish a report on each review conducted 

19 under subparagraph (A). 

20 (c) ENSURING CYBERSECURITY STANDARDS FOR

21 DATA CENTER CONSOLIDATION AND CLOUD COM22 PUTING.— 

23 (1) IN GENERAL.—In implementing a data cen24 ter consolidation and optimization strategy under 

25 this Act, a covered agency shall do so in a manner 


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1 that is consistent with Federal guidelines on cloud 

2 computing security, including— 

3 (A) applicable provisions found within the 

4 Federal Risk and Authorization Management 

5 Program (FedRAMP); and 

6 (B) guidance published by the National In7 stitute of Standards and Technology. 

8 (2) RULE OF CONSTRUCTION.—Nothing in this 

9 Act shall be construed to limit the ability of the Di10 rector of the Office of Management and Budget to 

11 update or modify the Federal guidelines on cloud 

12 computing security. 

13 (d) WAIVER OF REQUIREMENTS.—The Director of 

14 National Intelligence and the Secretary of Defense, or 

15 their respective designee, may waive the applicability to 

16 any national security system, as defined in section 3542 

17 of title 44, United States Code, of any provision of this 

18 Act if the Director of National Intelligence or the Sec19 retary of Defense, or their respective designee, determines 

20 that such waiver is in the interest of national security. 

21 Not later than 30 days after making a waiver under this 

22 subsection, the Director of National Intelligence or the 

23 Secretary of Defense, or their respective designee, shall 

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1 ligence of the Senate and the Committee on Oversight and 

2 Government Reform and the Permanent Select Committee 

3 on Intelligence of the House of Representatives a state4 ment describing the waiver and the reasons for the waiver. 

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

Passed the Senate September 18, 2014. 

Attest: NANCY ERICKSON, 

Secretary. 


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