II 

Calendar No. 372 

113TH CONGRESS 

2D SESSION S. 1611 

[Report No. 113–157] 

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, Ms. AYOTTE, and Mr. CARPER) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

MAY 6, 2014 

Reported by Mr. CARPER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


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1 SEC. 2. FEDERAL DATA CENTER CONSOLIDATION INITIA2 TIVE. 

3 (a) DEFINITIONS.—In this Act: 

4 (1) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator for the Office of E6 Government and Information Technology within the 

7 Office of Management and Budget. 

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

9 Federal Data Center Consolidation Initiative de10 scribed in the Office of Management and Budget 

11 Memorandum on the Federal Data Center Consoli12 dation Initiative, dated February 26, 2010, or any 

13 successor thereto. 

14 (b) FEDERAL DATA CENTER CONSOLIDATION IN15 VENTORIES AND STRATEGIES.— 

16 (1) IN GENERAL.— 

17 (A) ANNUAL REPORTING.—Each year, be18 ginning in the first fiscal year after the date of 

19 enactment of this Act and for each of the 4 fis20 cal years thereafter, the head of each agency 

21 that is described in subparagraph (D), assisted 

22 by the Chief Information Officer of the agency, 

23 shall submit to the Administrator— 

24 (i) a comprehensive asset inventory of 

25 the data centers owned, operated, or main26 tained by or on behalf of the agency, even 


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1 if the center is administered by a third 

2 party; and 

3 (ii) a multi-year strategy to achieve 

4 the optimization and consolidation of agen5 cy data center assets, that includes— 

6 (I) performance metrics— 

7 (aa) that are consistent with 

8 performance metrics established 

9 by the Administrator under sub10 paragraphs (C) and (G) of para11 graph (2); and 

12 (bb) by which the quan13 titative and qualitative progress 

14 of the agency toward data center 

15 consolidation goals can be meas16 ured; 

17 (II) a timeline for agency activi18 ties completed under the FDCCI, with 

19 an emphasis on benchmarks the agen20 cy can achieve by specific dates; 

21 (III) an aggregation of year-by22 year investment and cost savings cal23 culations for the period beginning on 

24 the date of enactment of this Act and 

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1 section (e), broken down by each year, 

2 including a description of any initial 

3 costs for data center consolidation and 

4 life cycle cost savings, with an empha5 sis on— 

6 (aa) meeting the Govern7 ment-wide performance metrics 

8 described in subparagraphs (C) 

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

10 (bb) demonstrating agency11 specific savings each fiscal year 

12 achieved through the FDCCI; 

13 and 

14 (IV) any additional information 

15 required by the Administrator. 

16 (B) USE OF EXISTING REPORTING STRUC17 TURES.—The Administrator may require agen18 cies described in subparagraph (D) to submit 

19 any information required to be submitted under 

20 this subsection through reporting structures in 

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

22 (C) CERTIFICATION.—Each year, begin23 ning in the first fiscal year after the date of en24 actment of this Act and for each of the 4 fiscal 

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1 mation officer of the agency, shall submit a 

2 statement to the Administrator certifying that 

3 the agency has complied with the requirements 

4 of this Act. 

5 (D) AGENCIES DESCRIBED.—The agencies 

6 (including all associated components of the 

7 agency) described in this paragraph are the— 

8 (i) Department of Agriculture; 

9 (ii) Department of Commerce; 

10 (iii) Department of Defense; 

11 (iv) Department of Education; 

12 (v) Department of Energy; 

13 (vi) Department of Health and 

14 Human Services; 

15 (vii) Department of Homeland Secu16 rity; 

17 (viii) Department of Housing and 

18 Urban Development; 

19 (ix) Department of the Interior; 

20 (x) Department of Justice; 

21 (xi) Department of Labor; 

22 (xii) Department of State; 

23 (xiii) Department of Transportation; 

24 (xiv) Department of the Treasury; 

25 (xv) Department of Veterans Affairs; 


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1 (xvi) Environmental Protection Agen2 cy; 

3 (xvii) General Services Administra4 tion; 

5 (xviii) National Aeronautics and 

6 Space Administration; 

7 (xix) National Science Foundation; 

8 (xx) Nuclear Regulatory Commission; 

9 (xxi) Office of Personnel Manage10 ment; 

11 (xxii) Small Business Administration; 

12 (xxiii) Social Security Administration; 

13 and 

14 (xxiv) United States Agency for Inter15 national Development. 

16 (E) AGENCY IMPLEMENTATION OF STRAT17 EGIES.—Each agency described in subpara18 graph (D), under the direction of the Chief In19 formation Officer of the agency shall— 

20 (i) implement the consolidation strat21 egy required under subparagraph (A)(ii); 

22 and 

23 (ii) provide updates to the Adminis24 trator, on a quarterly basis, of— 


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1 (I) the completion of activities by 

2 the agency under the FDCCI; 

3 (II) any progress of the agency 

4 towards meeting the Government-wide 

5 data center performance metrics de6 scribed in subparagraphs (C) and (G) 

7 of paragraph (2); and 

8 (III) the actual cost savings real9 ized through the implementation of 

10 the FDCCI. 

11 (F) RULE OF CONSTRUCTION.—Nothing in 

12 this paragraph shall be construed to limit the 

13 reporting of information by any agency de14 scribed in subparagraph (F) to the Adminis15 trator, the Director of the Office of Manage16 ment and Budget, or to Congress. 

17 (2) ADMINISTRATOR RESPONSIBILITIES.—The 

18 Administrator shall— 

19 (A) establish the deadline, on an annual 

20 basis, for agencies to submit information under 

21 this section; 

22 (B) establish a list of requirements that 

23 the agencies must meet to be considered in 

24 compliance with paragraph (1); 


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1 (C) ensure that each certification sub2 mitted under paragraph (1)(C) and information 

3 relating to agency progress towards meeting the 

4 Government-wide total cost of ownership opti5 mization and consolidation metrics is made 

6 available in a timely manner to the general pub7 lic; 

8 (D) review the plans submitted under 

9 paragraph (1) to determine whether each plan 

10 is comprehensive and complete; 

11 (E) monitor the implementation of the 

12 data center plan of each agency described in 

13 paragraph (1)(A)(ii); 

14 (F) update, on an annual basis, the cumu15 lative cost savings realized through the imple16 mentation of the agency plans; and 

17 (G) establish Government-wide data center 

18 total cost of ownership optimization and con19 solidation metrics, which shall include server ef20 ficiency and other comprehensive metrics estab21 lished at the discretion of the Administrator. 

22 (3) COST SAVING GOAL AND UPDATES FOR CON23 GRESS.— 

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

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1 ministrator shall develop and publish a goal for 

2 the total amount of planned cost savings by the 

3 Federal Government through the Federal Data 

4 Center Consolidation Initiative during the 5- 

5 year period beginning on the date of enactment 

6 of this Act, which shall include a breakdown on 

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

8 (B) ANNUAL UPDATE.— 

9 (i) IN GENERAL.—Not later than 1 

10 year after the date on which the goal de11 scribed in subparagraph (A) is determined 

12 and each year thereafter until the end of 

13 2018, the Administrator shall aggregate 

14 the savings achieved to date, by each rel15 evant agency, through the FDCCI as com16 pared to the projected savings developed 

17 under subparagraph (A) (based on data 

18 collected from each affected agency under 

19 paragraph (1)). 

20 (ii) UPDATE FOR CONGRESS.—The 

21 goal required to be developed and pub22 lished under subparagraph (A) shall be 

23 submitted to Congress and shall include an 

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1 cy described in subsection paragraph 

2 (1)(E) on— 

3 (I) whether each agency has in 

4 fact submitted a comprehensive asset 

5 inventory, including an assessment 

6 broken down by agency, which shall 

7 include the specific numbers, utiliza8 tion, and efficiency level of data cen9 ters; and 

10 (II) whether each agency has 

11 submitted a comprehensive consolida12 tion plan with the key elements de13 scribed in paragraph (1)(A)(ii). 

14 (iii) REQUEST FOR INFORMATION.— 

15 Upon request from the Committee on 

16 Homeland Security and Governmental Af17 fairs of the Senate or the Committee on 

18 Oversight and Government Reform of the 

19 House of Representatives, the head of an 

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

21 the Director of the Office of Management 

22 and Budget shall submit to the requesting 

23 committee any report or information sub24 mitted to the Office of Management and 

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1 port required under clause (i) or an up2 dated progress report required under 

3 clause (ii). 

4 (4) GAO REVIEW.— 

5 (A) IN GENERAL.—During the 5-fiscal6 year period following the date of enactment of 

7 this Act, the Comptroller General of the United 

8 States shall review the quality and complete9 ness, and verify, each agency’s asset inventory 

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

11 (B) REPORT.—The Comptroller General of 

12 the United States shall, on an annual basis dur13 ing the 5-fiscal-year period following the date of 

14 enactment of this Act, publish a report on each 

15 review conducted under subparagraph (A) of an 

16 agency during the fiscal year for which the re17 port is published. 

18 (c) ENSURING CYBERSECURITY STANDARDS FOR

19 DATA CENTER CONSOLIDATION AND CLOUD COM20 PUTING.—An agency required to implement a data center 

21 consolidation plan under this Act and migrate to cloud 

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

23 Federal guidelines on cloud computing security, includ24 ing— 


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1 (1) applicable provisions found within the Fed2 eral Risk and Authorization Management Program 

3 (FedRAMP); and 

4 (2) guidance published by the National Insti5 tute of Standards and Technology. 

6 (d) CLASSIFIED INFORMATION.—The Director of Na7 tional Intelligence may waive the requirements of this Act 

8 for any element (or component of an element) of the intel9 ligence community. 

10 (e) SUNSET.—This Act is repealed effective on Octo11 ber 1, 2018. 

12 SECTION 1. SHORT TITLE. 

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

14 Consolidation Act of 2013’’. 

15 SEC. 2. FEDERAL DATA CENTER CONSOLIDATION INITIA16 TIVE. 

17 (a) DEFINITIONS.—In this Act: 

18 (1) ADMINISTRATOR.—The term ‘‘Adminis19 trator’’ means the Administrator for the Office of E20 Government and Information Technology within the 

21 Office of Management and Budget. 

22 (2) COVERED AGENCY.—The term ‘‘covered agen23 cy’’ means the following (including all associated 

24 components of the agency): 

25 (A) Department of Agriculture; 


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1 (B) Department of Commerce; 

2 (C) Department of Defense; 

3 (D) Department of Education; 

4 (E) Department of Energy; 

5 (F) Department of Health and Human 

6 Services; 

7 (G) Department of Homeland Security; 

8 (H) Department of Housing and Urban De9 velopment; 

10 (I) Department of the Interior; 

11 (J) Department of Justice; 

12 (K) Department of Labor; 

13 (L) Department of State; 

14 (M) Department of Transportation; 

15 (N) Department of Treasury; 

16 (O) Department of Veterans Affairs; 

17 (P) Environmental Protection Agency; 

18 (Q) General Services Administration; 

19 (R) National Aeronautics and Space Ad20 ministration; 

21 (S) National Science Foundation; 

22 (T) Nuclear Regulatory Commission; 

23 (U) Office of Personnel Management; 

24 (V) Small Business Administration; 

25 (W) Social Security Administration; and 


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1 (X) United States Agency for International 

2 Development. 

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

4 Federal Data Center Consolidation Initiative de5 scribed in the Office of Management and Budget 

6 Memorandum on the Federal Data Center Consolida7 tion Initiative, dated February 26, 2010, or any suc8 cessor thereto. 

9 (4) GOVERNMENT-WIDE DATA CENTER CONSOLI10 DATION AND OPTIMIZATION METRICS.—The term 

11 ‘‘Government-wide data center consolidation and op12 timization metrics’’ means the metrics established by 

13 the Administrator under subsection (b)(2)(G). 

14 (b) FEDERAL DATA CENTER CONSOLIDATION INVEN15 TORIES AND STRATEGIES.— 

16 (1) IN GENERAL.— 

17 (A) ANNUAL REPORTING.—Each year, be18 ginning in the first fiscal year after the date of 

19 enactment of this Act and each fiscal year there20 after, the head of each covered agency, assisted by 

21 the Chief Information Officer of the agency, shall 

22 submit to the Administrator— 

23 (i) a comprehensive inventory of the 

24 data centers owned, operated, or main25 tained by or on behalf of the agency; and 


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1 (ii) a multi-year strategy to achieve 

2 the consolidation and optimization of the 

3 data centers inventoried under clause (i), 

4 that includes— 

5 (I) performance metrics— 

6 (aa) that are consistent with 

7 the Government-wide data center 

8 consolidation and optimization 

9 metrics; and 

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

12 of the agency toward the goals of 

13 the FDCCI can be measured; 

14 (II) a timeline for agency activi15 ties to be completed under the FDCCI, 

16 with an emphasis on benchmarks the 

17 agency can achieve by specific dates; 

18 (III) year-by-year calculations of 

19 investment and cost savings for the pe20 riod beginning on the date of enact21 ment of this Act and ending on the 

22 date described in subsection (e), broken 

23 down by each year, including a de24 scription of any initial costs for data 

25 center consolidation and optimization 


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1 and life cycle cost savings and other 

2 improvements, with an emphasis on— 

3 (aa) meeting the Govern4 ment-wide data center consolida5 tion and optimization metrics; 

6 and 

7 (bb) demonstrating the 

8 amount of agency-specific cost 

9 savings each fiscal year achieved 

10 through the FDCCI; and 

11 (IV) any additional information 

12 required by the Administrator. 

13 (B) USE OF OTHER REPORTING STRUC14 TURES.—The Administrator may require a cov15 ered agency to include the information required 

16 to be submitted under this subsection through re17 porting structures determined by the Adminis18 trator to be appropriate. 

19 (C) STATEMENT.—Each year, beginning in 

20 the first fiscal year after the date of enactment 

21 of this Act and each fiscal year thereafter, the 

22 head of each covered agency, acting through the 

23 Chief Information Officer of the agency, shall— 

24 (i)(I) submit a statement to the Ad25 ministrator stating whether the agency has 


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1 complied with the requirements of this Act; 

2 and 

3 (II) make the statement submitted 

4 under subclause (I) publically available; 

5 and 

6 (ii) if the agency has not complied 

7 with the requirements of this Act, submit a 

8 statement to the Administrator explaining 

9 the reasons for not complying with such re10 quirements. 

11 (D) AGENCY IMPLEMENTATION OF STRATE12 GIES.—Each covered agency, under the direction 

13 of the Chief Information Officer of the agency, 

14 shall— 

15 (i) implement the strategy required 

16 under subparagraph (A)(ii); and 

17 (ii) provide updates to the Adminis18 trator, on a quarterly basis, of — 

19 (I) the completion of activities by 

20 the agency under the FDCCI; 

21 (II) any progress of the agency to22 wards meeting the Government-wide 

23 data center consolidation and optimi24 zation metrics; and 


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1 (III) the actual cost savings and 

2 other improvements realized through 

3 the implementation of the strategy of 

4 the agency. 

5 (E) RULE OF CONSTRUCTION.—Nothing in 

6 this Act shall be construed to limit the reporting 

7 of information by a covered agency to the Ad8 ministrator, the Director of the Office of Manage9 ment and Budget, or Congress. 

10 (2) ADMINISTRATOR RESPONSIBILITIES.—The 

11 Administrator shall— 

12 (A) establish the deadline, on an annual 

13 basis, for covered agencies to submit information 

14 under this section; 

15 (B) establish a list of requirements that the 

16 covered agencies must meet to be considered in 

17 compliance with paragraph (1); 

18 (C) ensure that information relating to 

19 agency progress towards meeting the Govern20 ment-wide data center consolidation and optimi21 zation metrics is made available in a timely 

22 manner to the general public; 

23 (D) review the inventories and strategies 

24 submitted under paragraph (1) to determine 

25 whether they are comprehensive and complete; 


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1 (E) monitor the implementation of the data 

2 center strategy of each covered agency that is re3 quired 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 serv13 er 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 

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1 ment 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 op13 timization improvements developed under 

14 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 consoli5 dation strategy with the key elements 

6 described in paragraph (1)(A)(ii). 

7 (4) GAO REVIEW.— 

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

9 after the date of enactment of this Act, and each 

10 year thereafter, the Comptroller General of the 

11 United States shall review and verify the quality 

12 and completeness of the asset inventory and 

13 strategy of each covered agency required under 

14 paragraph (1)(A). 

15 (B) REPORT.—The Comptroller General of 

16 the United States shall, on an annual basis, pub17 lish a report on each review conducted under 

18 subparagraph (A). 

19 (c) ENSURING CYBERSECURITY STANDARDS FOR DATA

20 CENTER CONSOLIDATION AND CLOUD COMPUTING.— 

21 (1) IN GENERAL.—In implementing a data cen22 ter consolidation and optimization strategy under 

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

24 that is consistent with Federal guidelines on cloud 

25 computing security, including— 


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1 (A) applicable provisions found within the 

2 Federal Risk and Authorization Management 

3 Program (FedRAMP); and 

4 (B) guidance published by the National In5 stitute of Standards and Technology. 

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

7 Act shall be construed to limit the ability of the Di8 rector of the Office of Management and Budget to up9 date or modify the Federal guidelines on cloud com10 puting security. 

11 (d) WAIVER OF DISCLOSURE REQUIREMENTS.—The 

12 Director of National Intelligence may waive the applica13 bility to any element (or component of an element) of the 

14 intelligence community of any provision of this Act if the 

15 Director of National Intelligence determines that such waiv16 er is in the interest of national security. Not later than 30 

17 days after making a waiver under this subsection, the Di18 rector of National Intelligence shall submit to the Com19 mittee on Homeland Security and Governmental Affairs 

20 and the Select Committee on Intelligence of the Senate and 

21 the Committee on Oversight and Government Reform and 

22 the Permanent Select Committee on Intelligence of the 

23 House of Representatives a statement describing the waiver 

24 and the reasons for the waiver. 


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1 (e) SUNSET.—This Act is repealed effective on October 

2 1, 2018. 


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Calendar No. 372 

113TH CONGRESS 

2D SESSION S. 1611 

[Report No. 113–157] 

A BILL 

To require certain agencies to conduct assessments 

dation and optimization plans. of data centers and develop data center consoliMAY 6, 2014 

Reported with an amendment 


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