II 

114TH CONGRESS 

1ST SESSION S. 1039 

To require certain agencies to conduct assessments of data centers and 

develop data center consolidation and optimization plans to achieve energy cost savings. 

IN THE SENATE OF THE UNITED STATES 

APRIL 22, 2015 

Mr. RISCH introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To require certain agencies to conduct assessments of data 

centers and develop data center consolidation and optimization plans to achieve energy cost savings. 

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 the 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 the 

20 agency described in subparagraph (E) to sub21 mit any information required to be submitted 

22 under this subsection through reporting struc23 tures in use as of the date of enactment of this 

24 Act. 

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1 (C) CERTIFICATION.—Each year, begin2 ning in fiscal year 2015 through the end of fis3 cal year 2019, the head of the agency, acting 

4 through the chief information officer of the 

5 agency, shall submit a statement to the Admin6 istrator certifying that the agency has complied 

7 with the requirements of this Act. 

8 (D) INSPECTOR GENERAL REPORT.— 

9 (i) IN GENERAL.—The Inspector Gen10 eral for the agency described in subpara11 graph (E) shall release a public report not 

12 later than 6 months after the date on 

13 which the agency releases the first updated 

14 asset inventory in fiscal year 2015 under 

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

16 the completeness of the inventory of the 

17 agency. 

18 (ii) AGENCY RESPONSE.—The head of 

19 the agency shall respond to the report 

20 completed by the Inspector General for the 

21 agency under clause (i), and complete any 

22 inventory identified by the Inspector Gen23 eral for the agency as incomplete, by the 

24 time the agency submits the required in25 ventory update for fiscal year 2016. 

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1 (E) AGENCY DESCRIBED.—The agency de2 scribed in this paragraph is the Department of 

3 Energy, including all agencies under the juris4 diction of the Department of Energy. 

5 (F) AGENCY IMPLEMENTATION OF CON6 SOLIDATION PLANS.—The agency described in 

7 subparagraph (E), under the direction of the 

8 chief information officer of the agency shall— 

9 (i) implement the consolidation plan 

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

11 (ii) provide to the Administrator an12 nual updates on implementation and cost 

13 savings (including life cycle costs) and effi14 ciency improvements realized through such 

15 consolidation plan. 

16 (2) ADMINISTRATOR RESPONSIBILITIES.—The 

17 Administrator shall— 

18 (A) establish the deadline, on an annual 

19 basis, for agencies to submit information under 

20 this section; 

21 (B) ensure that each certification sub22 mitted under paragraph (1)(C) and each agency 

23 consolidation plan submitted under paragraph 

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

25 to the general public; 

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1 (C) review the plans submitted under para2 graph (1) to determine whether each plan is 

3 comprehensive and complete; 

4 (D) monitor the implementation of the 

5 data center consolidation plan of the agency de6 scribed in paragraph (1)(A)(ii); and 

7 (E) update the cumulative cost savings 

8 projection on an annual basis as the savings are 

9 realized through the implementation of the 

10 agency plans. 

11 (3) COST SAVING GOAL AND UPDATES FOR CON12 GRESS.— 

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

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

15 by September 30th of fiscal year 2015, which16 ever is later, the Administrator shall develop 

17 and publish a goal for the total amount of 

18 planned cost savings by the Federal Govern19 ment through the Federal Data Center Consoli20 dation Initiative during the 5-year period begin21 ning on the date of enactment of this Act, 

22 which shall include a breakdown on a year-by23 year basis of the projected savings. 

24 (B) ANNUAL UPDATE.— 

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1 (i) IN GENERAL.—Not later than 1 

2 year after the date on which the goal de3 scribed in subparagraph (A) is determined 

4 and each year thereafter until the end of 

5 2019, the Administrator shall publish a re6 port on the actual savings achieved 

7 through the Federal Data Center Consoli8 dation Initiative as compared to the pro9 jected savings developed under subpara10 graph (A) (based on data collected from 

11 the agency under paragraph (1)). 

12 (ii) UPDATE FOR CONGRESS.—The re13 port required under subparagraph (A) 

14 shall be submitted to Congress and shall 

15 include an update on the progress made by 

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

17 on— 

18 (I) whether the agency has in 

19 fact submitted a comprehensive asset 

20 inventory; 

21 (II) whether the agency has sub22 mitted a comprehensive consolidation 

23 plan with the key elements described 

24 in paragraph (1)(A)(ii); and 

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1 (III) the progress, if any, of the 

2 agency on implementing the consolida3 tion plan of the agency. 

4 (iii) REQUEST FOR REPORTS.—Upon 

5 request from the Committee on Energy 

6 and Natural Resources of the Senate or 

7 the Committee on Energy and Commerce 

8 of the House of Representatives, the head 

9 of the agency described in paragraph 

10 (1)(E) or the Director of the Office of 

11 Management and Budget shall submit to 

12 the requesting committee any report or in13 formation submitted to the Office of Man14 agement and Budget for the purpose of 

15 preparing a report required under clause 

16 (i) or an updated progress report required 

17 under clause (ii). 

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

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

20 a report on— 

21 (A) the quality and completeness of the 

22 agency’s asset inventory and consolidation plans 

23 required under paragraph (1)(A); 

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1 (B) the agency’s progress on implementa2 tion of the consolidation plans submitted under 

3 paragraph (1)(A); 

4 (C) overall planned and actual cost savings 

5 realized through implementation of the consoli6 dation plans submitted under paragraph (1)(A); 

7 (D) any steps that the Administrator could 

8 take to improve implementation of the data cen9 ter consolidation initiative; and 

10 (E) any matters for Congressional consid11 eration in order to improve or accelerate the 

12 implementation of the data center consolidation 

13 initiative. 

14 (5) RESPONSE TO GAO.— 

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

16 under paragraph (4) identifies any deficiencies 

17 or delays in any of the elements described in 

18 subparagraphs (A) through (E) of paragraph 

19 (4) for the agency, the head of the agency shall 

20 respond in writing to the Comptroller General 

21 of the United States, not later than 90 days 

22 after the date on which the report is published 

23 under paragraph (4), with a detailed expla24 nation of how the agency will address the defi25 ciency. 

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1 (B) ADDITIONAL REQUIREMENTS.—If the 

2 Comptroller General identifies that the agency 

3 has repeatedly lagged in implementing the data 

4 center consolidation initiative, the Comptroller 

5 General may require that the head of the agen6 cy submit a statement explaining— 

7 (i) why the agency is having difficulty 

8 implementing the initiative; and 

9 (ii) what structural or personnel 

10 changes are needed within the agency to 

11 address the problem. 

12 (c) ENSURING CYBERSECURITY STANDARDS FOR

13 DATA CENTER CONSOLIDATION AND CLOUD COM14 PUTING.—The agency required to implement a data center 

15 consolidation plan under this Act and migrate to cloud 

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

17 Federal guidelines on cloud computing security, includ18 ing— 

19 (1) applicable provisions found within the Fed20 eral Risk and Authorization Management Program 

21 of the General Services Administration; and 

22 (2) guidance published by the National Insti23 tute of Standards and Technology. 

24 (d) CLASSIFIED INFORMATION.—The Director of Na25 tional Intelligence may waive the requirements of this Act 

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1 for any element (or component of an element) of the intel2 ligence community. 

3 (e) SUNSET.—This Act is repealed effective on Octo4 ber 1, 2019. 

Æ 

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