II 

114TH CONGRESS 

1ST SESSION S. 1008 

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 

APRIL 20, 2015 

Mr. RISCH 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. FEDERAL DATA CENTER CONSOLIDATION. 

4 (a) DEFINITIONS.—In this section: 

5 (1) ADMINISTRATOR.—The term ‘‘Adminis6 trator’’ means the Administrator for the Office of E7 Government and Information Technology within the 

8 Office of Management and Budget. 

9 (2) DATA CENTER.— 


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1 (A) DEFINITION.—The term ‘‘data center’’ 

2 means a closet, room, floor, or building for the 

3 storage, management, and dissemination of 

4 data and information, as defined by the Admin5 istrator in the ‘‘Implementation Guidance for 

6 the Federal Data Center Consolidation Initia7 tive’’ memorandum, issued on March 19, 2012. 

8 (B) AUTHORITY TO MODIFY DEFINI9 TION.—The Administrator may promulgate 

10 guidance or other clarifications to modify the 

11 definition in subparagraph (A) in a manner 

12 consistent with this Act, as the Administrator 

13 determines necessary. 

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

16 (1) IN GENERAL.— 

17 (A) ANNUAL REPORTS.—Each year, begin18 ning in fiscal year 2015 through the end of fis19 cal year 2019, the head of each agency that is 

20 described in subparagraph (E), assisted by the 

21 chief information officer of the agency, shall 

22 submit to the Administrator— 

23 (i) a comprehensive asset inventory of 

24 the data centers owned, operated, or main25 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) an updated consolidation plan that 

4 includes— 

5 (I) a technical roadmap and ap6 proach for achieving the agency’s tar7 gets for infrastructure utilization, en8 ergy efficiency (including performance 

9 benchmarks such as Power Utilization 

10 Effectiveness and use of Energy Star11 rated equipment), cost savings and ef12 ficiency; 

13 (II) a detailed timeline for imple14 mentation of the data center consoli15 dation plan; 

16 (III) quantitative utilization and 

17 efficiency goals for reducing assets, 

18 improving energy and efficiency, and 

19 improving use of information tech20 nology infrastructure; 

21 (IV) performance metrics by 

22 which the progress of the agency to23 ward data center consolidation goals 

24 can be measured, including metrics to 


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1 track any gains in energy utilization 

2 as a result of this initiative; 

3 (V) an aggregation of year-by4 year investment and cost savings cal5 culations for 5 years past the date of 

6 submission of the cost saving assess7 ment, including a description of any 

8 initial costs for data center consolida9 tion and life cycle cost savings; 

10 (VI) quantitative progress to11 wards previously stated goals includ12 ing cost savings (including savings 

13 measured on a total cost of ownership 

14 basis) and increases in operational ef15 ficiencies and utilization; and 

16 (VII) any additional information 

17 required by the Administrator. 

18 (B) USE OF EXISTING REPORTING STRUC19 TURES.—The Administrator may require agen20 cies described in subparagraph (E) to submit 

21 any information required to be submitted under 

22 this subsection through reporting structures in 

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

24 (C) CERTIFICATION.—Each year, begin25 ning in fiscal year 2015 through the end of fisVerDate Sep 11 2014 23:32 Apr 24, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1008.IS S1008

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1 cal year 2019, the head of an agency, acting 

2 through the chief information officer of the 

3 agency, shall submit a statement to the Admin4 istrator certifying that the agency has complied 

5 with the requirements of this Act. 

6 (D) INSPECTOR GENERAL REPORT.— 

7 (i) IN GENERAL.—The Inspector Gen8 eral for each agency described in subpara9 graph (E) shall release a public report not 

10 later than 6 months after the date on 

11 which the agency releases the first updated 

12 asset inventory in fiscal year 2015 under 

13 subparagraph (A)(i), which shall evaluate 

14 the completeness of the inventory of the 

15 agency. 

16 (ii) AGENCY RESPONSE.—The head of 

17 each agency shall respond to the report 

18 completed by the Inspector General for the 

19 agency under clause (i), and complete any 

20 inventory identified by the Inspector Gen21 eral for the agency as incomplete, by the 

22 time the agency submits the required in23 ventory update for fiscal year 2016. 


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1 (E) AGENCIES DESCRIBED.—The agencies 

2 (including all associated components of the 

3 agency) described in this paragraph are the— 

4 (i) Department of Agriculture; 

5 (ii) Department of Commerce; 

6 (iii) Department of Defense; 

7 (iv) Department of Education; 

8 (v) Department of Energy; 

9 (vi) Department of Health and 

10 Human Services; 

11 (vii) Department of Homeland Secu12 rity; 

13 (viii) Department of Housing and 

14 Urban Development; 

15 (ix) Department of the Interior; 

16 (x) Department of Justice; 

17 (xi) Department of Labor; 

18 (xii) Department of State; 

19 (xiii) Department of Transportation; 

20 (xiv) Department of Treasury; 

21 (xv) Department of Veterans Affairs; 

22 (xvi) Environmental Protection Agen23 cy; 

24 (xvii) General Services Administra25 tion; 


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1 (xviii) National Aeronautics and 

2 Space Administration; 

3 (xix) National Science Foundation; 

4 (xx) Nuclear Regulatory Commission; 

5 (xxi) Office of Personnel Manage6 ment; 

7 (xxii) Small Business Administration; 

8 (xxiii) Social Security Administration; 

9 and 

10 (xxiv) United States Agency for Inter11 national Development. 

12 (F) AGENCY IMPLEMENTATION OF CON13 SOLIDATION PLANS.—Each agency described in 

14 subparagraph (E), under the direction of the 

15 chief information officer of the agency shall— 

16 (i) implement the consolidation plan 

17 required under subparagraph (A)(ii); and 

18 (ii) provide to the Administrator an19 nual updates on implementation and cost 

20 savings (including life cycle costs) and effi21 ciency improvements realized through such 

22 consolidation plan. 

23 (2) ADMINISTRATOR RESPONSIBILITIES.—The 

24 Administrator shall— 


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1 (A) establish the deadline, on an annual 

2 basis, for agencies to submit information under 

3 this section; 

4 (B) ensure that each certification sub5 mitted under paragraph (1)(C) and each agency 

6 consolidation plan submitted under paragraph 

7 (1)(A)(ii) is made available in a timely manner 

8 to the general public; 

9 (C) review the plans submitted under para10 graph (1) to determine whether each plan is 

11 comprehensive and complete; 

12 (D) monitor the implementation of the 

13 data center consolidation plan of each agency 

14 described in paragraph (1)(A)(ii); and 

15 (E) update the cumulative cost savings 

16 projection on an annual basis as the savings are 

17 realized through the implementation of the 

18 agency plans. 

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

21 (A) IN GENERAL.—Not later than 180 

22 days after the date of enactment of this Act, or 

23 by September 30th of fiscal year 2015, which24 ever is later, the Administrator shall develop 

25 and publish a goal for the total amount of 


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1 planned cost savings by the Federal Govern2 ment through the Federal Data Center Consoli3 dation Initiative during the 5-year period begin4 ning on the date of enactment of this Act, 

5 which shall include a breakdown on a year-by6 year basis of the projected savings. 

7 (B) ANNUAL UPDATE.— 

8 (i) IN GENERAL.—Not later than 1 

9 year after the date on which the goal de10 scribed in subparagraph (A) is determined 

11 and each year thereafter until the end of 

12 2019, the Administrator shall publish a re13 port on the actual savings achieved 

14 through the Federal Data Center Consoli15 dation Initiative as compared to the pro16 jected savings developed under subpara17 graph (A) (based on data collected from 

18 each affected agency under paragraph (1)). 

19 (ii) UPDATE FOR CONGRESS.—The re20 port required under subparagraph (A) 

21 shall be submitted to Congress and shall 

22 include an update on the progress made by 

23 each agency described in subsection para24 graph (1)(E) on— 


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1 (I) whether each agency has in 

2 fact submitted a comprehensive asset 

3 inventory; 

4 (II) whether each agency has 

5 submitted a comprehensive consolida6 tion plan with the key elements de7 scribed in paragraph (1)(A)(ii); and 

8 (III) the progress, if any, of each 

9 agency on implementing the consolida10 tion plan of the agency. 

11 (iii) REQUEST FOR REPORTS.—Upon 

12 request from the Committee on Homeland 

13 Security and Governmental Affairs of the 

14 Senate or the Committee on Oversight and 

15 Government Reform of the House of Rep16 resentatives, the head of an agency de17 scribed in paragraph (1)(E) or the Direc18 tor of the Office of Management and 

19 Budget shall submit to the requesting com20 mittee any report or information submitted 

21 to the Office of Management and Budget 

22 for the purpose of preparing a report re23 quired under clause (i) or an updated 

24 progress report required under clause (ii). 


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1 (4) GAO REVIEW.—The Comptroller General of 

2 the United States shall, on an annual basis, publish 

3 a report on— 

4 (A) the quality and completeness of each 

5 agency’s asset inventory and consolidation plans 

6 required under paragraph (1)(A); 

7 (B) each agency’s progress on implementa8 tion of the consolidation plans submitted under 

9 paragraph (1)(A); 

10 (C) overall planned and actual cost savings 

11 realized through implementation of the consoli12 dation plans submitted under paragraph (1)(A); 

13 (D) any steps that the Administrator could 

14 take to improve implementation of the data cen15 ter consolidation initiative; and 

16 (E) any matters for Congressional consid17 eration in order to improve or accelerate the 

18 implementation of the data center consolidation 

19 initiative. 

20 (5) RESPONSE TO GAO.— 

21 (A) IN GENERAL.—If a report required 

22 under paragraph (4) identifies any deficiencies 

23 or delays in any of the elements described in 

24 subparagraphs (A) through (E) of paragraph 

25 (4) for an agency, the head of the agency shall 


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1 respond in writing to the Comptroller General 

2 of the United States, not later than 90 days 

3 after the date on which the report is published 

4 under paragraph (4), with a detailed expla5 nation of how the agency will address the defi6 ciency. 

7 (B) ADDITIONAL REQUIREMENTS.—If the 

8 Comptroller General identifies an agency that 

9 has repeatedly lagged in implementing the data 

10 center consolidation initiative, the Comptroller 

11 General may require that the head of the agen12 cy submit a statement explaining— 

13 (i) why the agency is having difficulty 

14 implementing the initiative; and 

15 (ii) what structural or personnel 

16 changes are needed within the agency to 

17 address the problem. 

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 of the General Service Administration; 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, 2019. 

Æ 


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