I 

113TH CONGRESS 

2D SESSION H. R. 4601 

To provide additional funding for the Highway Trust Fund, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2014 

Ms. KUSTER introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the 

Committees on Ways and Means and Agriculture, 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 

A BILL 

To provide additional funding for the Highway Trust Fund, 

and for other purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Deficit Reduction for Infrastructure, Value, and Effi6 ciency Now Act of 2014’’ or the ‘‘DRIVE Now Act of 

7 2014’’. 

8 (b) TABLE OF CONTENTS.—The table of contents for 

9 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—HIGHWAY TRUST FUND 

Sec. 101. Funding of Highway Trust Fund. 

TITLE II—COST REDUCTION MEASURES 

Subtitle A—Data Center Consolidation 

Sec. 201. Purpose. 

Sec. 202. Definitions. 

Sec. 203. Federal Data Center Optimization Initiative. 

Sec. 204. Performance requirements related to data center consolidation. 

Sec. 205. Cost savings related to data center optimization. 

Sec. 206. Reporting requirements to Congress and the Federal Chief Information Officer. 

Sec. 207. Reduction and consolidation of data centers. 

Subtitle B—Repeal of Duplicative Catfish Inspection Program 

Sec. 211. Repeal of duplicative catfish inspection program. 

Subtitle C—Closing Empty Bank Accounts 

Sec. 221. Documenting and closing long-empty Federal bank accounts. 

1 TITLE I—HIGHWAY TRUST FUND 

2 SEC. 101. FUNDING OF HIGHWAY TRUST FUND. 

3 Section 9503(f) of the Internal Revenue Code of 

4 1986 is amended— 

5 (1) by redesignating paragraph (5) as para6 graph (6); and 

7 (2) by inserting after paragraph (4) the fol8 lowing: 

9 ‘‘(5) ADDITIONAL SUMS.—Out of money in the 

10 Treasury not otherwise appropriated, there is hereby 

11 appropriated $5,000,000,000 to the Highway Ac12 count (as defined in subsection (e)(5)(B)) in the 

13 Highway Trust Fund.’’. 


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1 TITLE II—COST REDUCTION 

2 MEASURES 

3 Subtitle A—Data Center 

4 Consolidation 

5 SEC. 201. PURPOSE. 

6 The purpose of this subtitle is to optimize Federal 

7 data center usage and efficiency. 

8 SEC. 202. DEFINITIONS. 

9 In this subtitle: 

10 (1) FEDERAL DATA CENTER OPTIMIZATION INI11 TIATIVE.—The term ‘‘Federal Data Center Optimi12 zation Initiative’’ or the ‘‘Initiative’’ means the ini13 tiative developed and implemented by the Director of 

14 the Office of Management and Budget, through the 

15 Federal Chief Information Officer, as required under 

16 section 203. 

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

18 agency’’ means any agency included in the Federal 

19 Data Center Optimization Initiative. 

20 (3) FEDERAL CHIEF INFORMATION OFFICER.— 

21 The term ‘‘Federal Chief Information Officer’’ 

22 means the Administrator of the Office of Electronic 

23 Government established under section 3602 of title 

24 44, United States Code. 


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1 (4) DATA CENTER.—The term ‘‘data center’’ 

2 means a closet, room, floor, or building for the stor3 age, management, and dissemination of data and in4 formation, as defined by the Federal Chief Informa5 tion Officer under guidance issued pursuant to this 

6 section. 

7 (5) FEDERAL DATA CENTER.—The term ‘‘Fed8 eral data center’’ means any data center of a cov9 ered agency used or operated by a covered agency, 

10 by a contractor of a covered agency, or by another 

11 organization on behalf of a covered agency. 

12 (6) SERVER UTILIZATION.—The term ‘‘server 

13 utilization’’ refers to the activity level of a server rel14 ative to its maximum activity level, expressed as a 

15 percentage. 

16 (7) POWER USAGE EFFECTIVENESS.—The term 

17 ‘‘power usage effectiveness’’ means the ratio ob18 tained by dividing the total amount of electricity and 

19 other power consumed in running a data center by 

20 the power consumed by the information and commu21 nications technology in the data center. 

22 SEC. 203. FEDERAL DATA CENTER OPTIMIZATION INITIA23 TIVE. 

24 (a) REQUIREMENT FOR INITIATIVE.—The Federal 

25 Chief Information Officer, in consultation with the chief 


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1 information officers of covered agencies, shall develop and 

2 implement an initiative, to be known as the Federal Data 

3 Center Optimization Initiative, to optimize the usage and 

4 efficiency of Federal data centers by meeting the require5 ments of this Act and taking additional measures, as ap6 propriate. 

7 (b) REQUIREMENT FOR PLAN.—Within 6 months 

8 after the date of the enactment of this Act, the Federal 

9 Chief Information Officer, in consultation with the chief 

10 information officers of covered agencies, shall develop and 

11 submit to Congress a plan for implementation of the Ini12 tiative required by subsection (a) by each covered agency. 

13 In developing the plan, the Federal Chief Information Of14 ficer shall take into account the findings and recommenda15 tions of the Comptroller General review required by sec16 tion 205(e). 

17 (c) MATTERS COVERED.—The plan shall include— 

18 (1) descriptions of how covered agencies will 

19 use reductions in floor space, energy use, infrastruc20 ture, equipment, applications, personnel, increases in 

21 multiorganizational use, and other appropriate meth22 ods to meet the requirements of the initiative; and 

23 (2) appropriate consideration of shifting feder24 ally owned data centers to commercially owned data 

25 centers. 


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1 SEC. 204. PERFORMANCE REQUIREMENTS RELATED TO 

2 DATA CENTER CONSOLIDATION. 

3 (a) SERVER UTILIZATION.—Each covered agency 

4 may use the following methods to achieve the maximum 

5 server utilization possible as determined by the Federal 

6 Chief Information Officer: 

7 (1) The closing of existing data centers that 

8 lack adequate server utilization, as determined by 

9 the Federal Chief Information Officer. If the agency 

10 fails to close such data centers, the agency shall pro11 vide a detailed explanation as to why this data cen12 ter should remain in use as part of the submitted 

13 plan. The Federal Chief Information Officer shall in14 clude an assessment of the agency explanation in the 

15 annual report to Congress. 

16 (2) The consolidation of services within existing 

17 data centers to increase server utilization rates. 

18 (3) Any other method that the Federal Chief 

19 Information Officer, in consultation with the chief 

20 information officers of covered agencies, determines 

21 necessary to optimize server utilization. 

22 (b) POWER USAGE EFFECTIVENESS.—Each covered 

23 agency may use the following methods to achieve the max24 imum energy efficiency possible as determined by the Fed25 eral Chief Information Officer: 


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1 (1) The use of the measurement of power usage 

2 effectiveness to calculate data center energy effi3 ciency. 

4 (2) The use of power meters in data centers to 

5 frequently measure power consumption over time. 

6 (3) The establishment of power usage effective7 ness goals for each data center. 

8 (4) The adoption of best practices for man9 aging— 

10 (A) temperature and airflow in data cen11 ters; and 

12 (B) power supply efficiency. 

13 (5) The implementation of any other method 

14 that the Federal Chief Information Officer, in con15 sultation with the Chief Information Officers of cov16 ered agencies, determines necessary to optimize data 

17 center energy efficiency. 

18 SEC. 205. COST SAVINGS RELATED TO DATA CENTER OPTI19 MIZATION. 

20 (a) REQUIREMENT TO TRACK COSTS.— 

21 (1) IN GENERAL.—Each covered agency shall 

22 track costs resulting from implementation of the 

23 Federal Data Center Optimization Initiative within 

24 the agency and submit a report on those costs annu25 ally to the Federal Chief Information Officer. CovVerDate Mar 15 2010 04:17 May 14, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4601.IH H4601

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1 ered agencies shall determine the net costs from 

2 data consolidation on an annual basis. 

3 (2) FACTORS.—In calculating net costs each 

4 year under paragraph (1), a covered agency shall 

5 use the following factors: 

6 (A) Energy costs. 

7 (B) Personnel costs. 

8 (C) Real estate costs. 

9 (D) Capital expense costs. 

10 (E) Operating system, database, and other 

11 software license expense costs. 

12 (F) Other appropriate costs, as determined 

13 by the agency in consultation with the Federal 

14 Chief Information Officer. 

15 (b) REQUIREMENT TO TRACK SAVINGS.— 

16 (1) IN GENERAL.—Each covered agency shall 

17 track savings resulting from implementation of the 

18 Federal Data Center Optimization Initiative within 

19 the agency and submit a report on those savings an20 nually to the Federal Chief Information Officer. 

21 Covered agencies shall determine the net savings 

22 from data consolidation on an annual basis. 

23 (2) FACTORS.—In calculating net savings each 

24 year under paragraph (1), a covered agency shall 

25 use the following factors: 


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1 (A) Energy savings. 

2 (B) Personnel savings. 

3 (C) Real estate savings. 

4 (D) Capital expense savings. 

5 (E) Operating system, database, and other 

6 software license expense savings. 

7 (F) Other appropriate savings, as deter8 mined by the agency in consultation with the 

9 Federal Chief Information Officer. 

10 (c) REQUIREMENT TO USE COST-EFFECTIVE MEAS11 URES.—Covered agencies shall use the most cost-effective 

12 measures to implement the Federal Data Center Optimi13 zation Initiative. 

14 (d) USE OF SAVINGS.—Any savings resulting from 

15 implementation of the Federal Data Center Optimization 

16 Initiative within a covered agency shall be used for the 

17 following purposes: 

18 (1) To offset the costs of implementing the Ini19 tiative within the agency. 

20 (2) To further enhance information technology 

21 capabilities and services within the agency. 

22 (e) GOVERNMENT ACCOUNTABILITY OFFICE RE23 VIEW.—Not later than 3 months after the date of the en24 actment of this Act, the Comptroller General of the United 

25 States shall examine methods for calculating savings from 


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1 the Federal Data Center Optimization Initiative and using 

2 them for the purposes identified in subsection (d), includ3 ing establishment and use of a special revolving fund that 

4 supports data centers and server optimization, and shall 

5 submit to the Federal Chief Information Officer and Con6 gress a report on the Comptroller General’s findings and 

7 recommendations. 

8 SEC. 206. REPORTING REQUIREMENTS TO CONGRESS AND 

9 THE FEDERAL CHIEF INFORMATION OFFI10 CER. 

11 (a) AGENCY REQUIREMENT TO REPORT TO CIO.— 

12 Each year, each covered agency shall submit to the Fed13 eral Chief Information Officer a report on the implementa14 tion of the Federal Data Center Optimization Initiative, 

15 including savings resulting from such implementation. The 

16 report shall include an update of the agency’s plan for im17 plementing the Initiative. 

18 (b) FEDERAL CHIEF INFORMATION OFFICER RE19 QUIREMENT TO REPORT TO CONGRESS.—Each year, the 

20 Federal Chief Information Officer shall submit to the rel21 evant congressional committees a report that assesses 

22 agency progress in carrying out the Federal Data Center 

23 Optimization Initiative and updates the plan under section 

24 113. The report may be included as part of the annual 


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1 report required under section 3606 of title 44, United 

2 States Code. 

3 SEC. 207. REDUCTION AND CONSOLIDATION OF DATA CEN4 TERS. 

5 (a) OMB RECOMMENDATION.—Not later than 6 

6 months after the date of the enactment of this Act, the 

7 Director of the Office of Management and Budget, in con8 sultation with the Administrator of General Services and 

9 the heads of other executive agencies, shall issue rec10 ommendations for reducing or consolidating the number 

11 of Federal data centers in existence as of the date of the 

12 enactment of this Act— 

13 (1) by at least 40 percent not later than Sep14 tember 30, 2018; and 

15 (2) by at least 80 percent not later than Sep16 tember 30, 2023. 

17 (b) REDUCTION OF DATA CENTERS.—Not later than 

18 6 months after the issuance of recommendations by the 

19 Director under subsection (a), the head of each executive 

20 agency shall implement the recommendations by reducing 

21 the number of Federal data centers in accordance with 

22 such recommendations. 


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1 Subtitle B—Repeal of Duplicative 

2 Catfish Inspection Program 

3 SECTION 211. REPEAL OF DUPLICATIVE CATFISH INSPEC4 TION PROGRAM. 

5 (a) IN GENERAL.—Effective on the date of the enact6 ment of the Food, Conservation, and Energy Act of 2008 

7 (7 U.S.C. 8701 et seq.), section 11016 of such Act (Public 

8 Law 110–246; 122 Stat. 2130) and the amendments made 

9 by such section are repealed. 

10 (b) APPLICATION.—The Agricultural Marketing Act 

11 of 1946 (7 U.S.C. 1621 et seq.) and the Federal Meat 

12 Inspection Act (21 U.S.C. 601 et seq.) shall be applied 

13 and administered as if section 11016 (Public Law 110– 

14 246; 122 Stat. 2130) of the Food, Conservation, and En15 ergy Act of 2008 (7 U.S.C. 8701 et seq.) and the amend16 ments made by such section had not been enacted. 

17 Subtitle C—Closing Empty Bank 

18 Accounts 

19 SEC. 221. DOCUMENTING AND CLOSING LONG-EMPTY FED20 ERAL BANK ACCOUNTS. 

21 (a) INSPECTORS GENERAL REPORT.—Not later than 

22 6 months after the date of the enactment of this Act, the 

23 Council of the Inspectors General on Integrity and Effi24 ciency shall submit to Congress a report that— 


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1 (1) lists each bank account held by the United 

2 States Government that has a balance of zero dollars 

3 for 180 days or more; and 

4 (2) recommends which of these accounts should 

5 be immediately closed. 

6 (b) CLOSURE OF ACCOUNTS REQUIRED.—Not later 

7 than 7 days after the report is submitted under subsection 

8 (a), the head of each agency with a bank account rec9 ommended for closure in the report described in subsection 

10 (a) shall close each such account that is managed by the 

11 agency. 

12 (c) AGENCY DEFINED.—In this section, the term 

13 ‘‘agency’’ has the meaning given that term in section 551 

14 of title 5, United States Code. 

Æ 


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