I 113th CONGRESS 1st Session H. R. 1999 IN THE HOUSE OF REPRESENTATIVES May 15, 2013 Mr. Murphy of Florida (for himself, Mr. Joyce , Mr. Peters of California , Mr. Rice of South Carolina , and Ms. Sinema ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on Appropriations , Agriculture , Energy and Commerce , and Ways and Means , 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 reduce waste and implement cost savings and revenue enhancement for the Federal Government.

1. Short title; table of contents (a) Short title This Act may be cited as the Savings, Accountability, Value, and Efficiency Act or the SAVE Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Provisions Relating to Federal Property, Federal Contracts, and Information Technology Subtitle A—Amendments relating to Federal Property, Federal Contracts, and Information Technology Sec. 101. Management of Federal excess and underutilized real property. Sec. 102. Promotion of competition in Federal contracting. Sec. 103. Promotion of strategic sourcing in Federal contracting. Sec. 104. Avoiding duplicative information technology investments. Sec. 105. Strengthening oversight of information technology operations. Subtitle B—Data Center Consolidation Sec. 111. Purpose. Sec. 112. Definitions. Sec. 113. Federal Data Center Optimization Initiative. Sec. 114. Performance requirements related to data center consolidation. Sec. 115. Cost savings related to data center optimization. Sec. 116. Reporting requirements to Congress and the Federal Chief Information Officer. Sec. 117. Reduction and consolidation of data centers. Title II—Other Matters Sec. 201. Rescission of unobligated budget authority for Department of Energy ATVM loan program. Sec. 202. Report on implementation of certain Medicare and Medicaid fraud detection and program integrity provisions. Sec. 203. Enhancement of agricultural quarantine and inspection fees. Sec. 204. Authorization of depleted uranium sales. Sec. 205. Coordination of diesel emissions controls. Sec. 206. Repeal of duplicative catfish inspection program. I Provisions Relating to Federal Property, Federal Contracts, and Information Technology A Amendments relating to Federal Property, Federal Contracts, and Information Technology 101. Management of Federal excess and underutilized real property (a) In general Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following new subchapter: VII Managing Federal Excess and Underutilized Real Property 621. National strategy and plan to manage Federal excess and underutilized real property (a) National strategy Not less than 6 months after the date of the enactment of this subchapter, and every two years thereafter, the Director of the Office of Management and Budget, in consultation with the head of each designated agency, shall develop and publish a national strategy for managing excess property and underutilized Federal real property. The national strategy shall include the following: (1) A statement of purpose, scope, and methodology. (2) A definition of excess and underutilized Federal real property, along with a list of risk factors that lead to such property becoming excess or underutilized. (3) Goals, subordinate objectives, activities, and performance measures, including the milestones and time frames for achieving objectives. (4) Resources, investments, and risk management. (5) Organizational roles, responsibilities, and coordination. (6) Integration and implementation plans. (7) For each national strategy after the first, a description of how the previous national strategy has been implemented. (b) Data Not less than 6 months after the date of the enactment of this subchapter, and every two years thereafter, the Administrator of General Services, in consultation with the head of each designated agency, shall develop and implement a plan to improve the Federal Real Property Profile established in accordance with Executive Order 13327 (40 U.S.C. 121 note; relating to Federal real property asset management), that ensures the data collected is complete, accurate, and consistent. The plan shall include the following: (1) Clearly defined data collection requirements and consistent data reporting to the database across Federal agencies. (2) Designation of performance measures that are linked to performance goals and that are consistent with the requirements in Executive Order 13327, or any amendment to or replacement of such Executive order. (3) Recommendations for how Federal agencies can collaborate effectively to provide data when determining data collection requirements and limiting the number of measures collected to those determined to be essential, taking into account the cost and effort involved in collecting the data when determining data collection requirements. (4) For each plan after the first, a description of how the previous plan has been implemented. (c) Submission and publication (1) Submission The national strategy required by subsection (a) and the plan required by subsection (b) shall be submitted to each committee of jurisdiction in the House of Representatives and the Senate. (2) OMB publication The national strategy required by subsection (a) shall be published on the Web site of the Office of Management and Budget. (3) GSA publication The plan required by subsection (b) shall be published on the Web site of the General Services Administration. (d) Designated agency defined In this section, the term designated agency means each agency listed in section 901(b) of title 31. . (b) Clerical amendment The table of sections at the beginning of chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following: Subchapter VII—Managing Federal Excess and Underutilized Real Property Sec. 621. National strategy and plan to manage Federal excess and underutilized real property. . 102. Promotion of competition in Federal contracting (a) Office of Federal procurement policy Not later than six months after the date of enactment of this Act, the Administrator for Federal Procurement Policy shall issue guidance to Federal agencies to reinvigorate the role of the competition advocate, consistent with the recommendations of the Government Accountability Office in its report GAO–10–833 (July 26, 2010). (b) Elements of guidance The guidance issued pursuant to subsection (a) shall include key factors agencies should consider in appointing and utilizing competition advocates, such as placement within the organization, skill set, and potential methods to effectively carry out their duties, and shall direct agencies to require their competition advocates to actively involve program offices in highlighting opportunities to increase competition. 103. Promotion of strategic sourcing in Federal contracting (a) Savings goals Not later than six months after the date of enactment of this Act, and for 4 years annually thereafter, the Director of the Office of Management and Budget shall issue Government-wide savings goals for the strategic sourcing of goods and services by executive agencies required to designate or appoint a Chief Financial Officer as set forth in section 901 of title 31. The Director may issue goals required by this section that are customized to individual agencies or sourcing efforts. (b) Matters covered In complying with subsection (a), the Director shall provide at a minimum— (1) guidance to executive agencies on calculating savings generated from strategic sourcing efforts; and (2) standards to measure progress towards meeting savings goals established by subsection (a). (c) Report Not later than 5 years after the date of enactment of this Act, the Director shall submit to Congress a report on the extent of savings realized through the strategic sourcing of goods and services by executive agencies during the period Government-wide savings goals are required to be issued pursuant to subsection (a). 104. Avoiding duplicative information technology investments (a) Purpose The purpose of this section is to improve transparency in order to ensure that agencies avoid making duplicative information technology investments. (b) Reporting potential duplication (1) Responsibility of agency chief information officers Each agency chief information officer shall utilize existing or newly developed transparency mechanisms to report to the Director of the Office of Management and Budget, not later than six months after the date of enactment of this Act and at least annually thereafter, on the results of the agency’s efforts to identify and eliminate, where appropriate, each potentially duplicative information technology investment. (2) Functions of the director Not later than 90 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue a policy requiring consistency among all agencies in identifying information technology investments in any required reporting, and such investments shall include applicable research and development projects and mission-essential systems. 105. Strengthening oversight of information technology operations Section 11303(b) of title 40, United States Code, is amended— (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph (5): (5) Analyses of investments in operations and maintenance The Director shall require each executive agency to develop a policy consistent with OMB guidance for performing analysis on each operational/steady state information technology investment to measure how well the investment is achieving expected cost, schedule, performance, and other goals, and to determine whether the investment provides the most cost effective way of delivering business value. The agencies shall conduct these operational analyses on a yearly basis and shall report the results to the Director and through existing or newly developed transparency mechanisms. . B Data Center Consolidation 111. Purpose The purpose of this subtitle is to optimize Federal data center usage and efficiency. 112. Definitions In this subtitle: (1) Federal Data Center Optimization Initiative The term Federal Data Center Optimization Initiative or the Initiative means the initiative developed and implemented by the Director, through the Federal Chief Information Officer, as required under section 113. (2) Covered agency The term covered agency means any agency included in the Federal Data Center Optimization Initiative. (3) Federal Chief Information Officer The term Federal Chief Information Officer means the Administrator of the Office of Electronic Government established under section 3602 of title 44, United States Code. (4) Data Center The term data center means a closet, room, floor, or building for the storage, management, and dissemination of data and information, as defined by the Federal Chief Information Officer under guidance issued pursuant to this section. (5) Federal Data Center The term Federal data center means any data center of a covered agency used or operated by a covered agency, by a contractor of a covered agency, or by another organization on behalf of a covered agency. (6) Server Utilization The term server utilization refers to the activity level of a server relative to its maximum activity level, expressed as a percentage. (7) Power usage effectiveness The term power usage effectiveness means the ratio obtained by dividing the total amount of electricity and other power consumed in running a data center by the power consumed by the information and communications technology in the data center. 113. Federal Data Center Optimization Initiative (a) Requirement for initiative The Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, shall develop and implement an initiative, to be known as the Federal Data Center Optimization Initiative, to optimize the usage and efficiency of Federal data centers by meeting the requirements of this Act and taking additional measures, as appropriate. (b) Requirement for plan Within 6 months after the date of the enactment of this Act, the Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, shall develop and submit to Congress a plan for implementation of the Initiative required by subsection (a) by each covered agency. In developing the plan, the Federal Chief Information Officer shall take into account the findings and recommendations of the Comptroller General review required by section 115(e). (c) Matters covered The plan shall include— (1) descriptions of how covered agencies will use reductions in floor space, energy use, infrastructure, equipment, applications, personnel, increases in multiorganizational use, and other appropriate methods to meet the requirements of the initiative; and (2) appropriate consideration of shifting federally owned data centers to commercially owned data centers. 114. Performance requirements related to data center consolidation (a) Server utilization Each covered agency may use the following methods to achieve the maximum server utilization possible as determined by the Federal Chief Information Officer: (1) The closing of existing data centers that lack adequate server utilization, as determined by the Federal Chief Information Officer. If the agency fails to close such data centers, the agency shall provide a detailed explanation as to why this data center should remain in use as part of the submitted plan. The Federal Chief Information Officer shall include an assessment of the agency explanation in the annual report to Congress. (2) The consolidation of services within existing data centers to increase server utilization rates. (3) Any other method that the Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, determines necessary to optimize server utilization. (b) Power usage effectiveness Each covered agency may use the following methods to achieve the maximum energy efficiency possible as determined by the Federal Chief Information Officer: (1) The use of the measurement of power usage effectiveness to calculate data center energy efficiency. (2) The use of power meters in data centers to frequently measure power consumption over time. (3) The establishment of power usage effectiveness goals for each data center. (4) The adoption of best practices for managing— (A) temperature and airflow in data centers; and (B) power supply efficiency. (5) The implementation of any other method that the Federal Chief Information Officer, in consultation with the Chief Information Officers of covered agencies, determines necessary to optimize data center energy efficiency. 115. Cost savings related to data center optimization (a) Requirement To track costs Each covered agency shall track costs resulting from implementation of the Federal Data Center Optimization Initiative within the agency and submit a report on those costs annually to the Federal Chief Information Officer. Covered agencies shall determine the net costs from data consolidation on an annual basis. (1) Factors In calculating net costs each year under subsection (a), a covered agency shall use the following factors: (A) Energy costs. (B) Personnel costs. (C) Real estate costs. (D) Capital expense costs. (E) Operating system, database, and other software license expense costs. (F) Other appropriate costs, as determined by the agency in consultation with the Federal Chief Information Officer. (b) Requirement To track savings Each covered agency shall track savings resulting from implementation of the Federal Data Center Optimization Initiative within the agency and submit a report on those savings annually to the Federal Chief Information Officer. Covered agencies shall determine the net savings from data consolidation on an annual basis. (1) Factors In calculating net savings each year under subsection (b), a covered agency shall use the following factors: (A) Energy savings. (B) Personnel savings. (C) Real estate savings. (D) Capital expense savings. (E) Operating system, database, and other software license expense savings. (F) Other appropriate savings, as determined by the agency in consultation with the Federal Chief Information Officer. (c) Requirement To use cost-Effective measures Covered agencies shall use the most cost-effective measures to implement the Federal Data Center Optimization Initiative. (d) Use of savings Any savings resulting from implementation of the Federal Data Center Optimization Initiative within a covered agency shall be used for the following purposes: (1) To offset the costs of implementing the Initiative within the agency. (2) To further enhance information technology capabilities and services within the agency. (e) Government accountability office review Not later than 3 months after the date of the enactment of this Act, the Comptroller General of the United States shall examine methods for calculating savings from the Initiative and using them for the purposes identified in subsection (d), including establishment and use of a special revolving fund that supports data centers and server optimization, and shall submit to the Federal Chief Information Officer and Congress a report on the Comptroller General’s findings and recommendations. 116. Reporting requirements to Congress and the Federal Chief Information Officer (a) Agency Requirement To report to CIO Each year, each covered agency shall submit to the Federal Chief Information Officer a report on the implementation of the Federal Data Center Optimization Initiative, including savings resulting from such implementation. The report shall include an update of the agency’s plan for implementing the Initiative. (b) Federal Chief Information Officer requirement To report to Congress Each year, the Federal Chief Information Officer shall submit to the relevant congressional committees a report that assesses agency progress in carrying out the Federal Data Center Optimization Initiative and updates the plan under section 113. The report may be included as part of the annual report required under section 3606 of title 44, United States Code. 117. Reduction and consolidation of data centers (a) OMB recommendation Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services and the heads of other executive agencies, shall issue recommendations for reducing or consolidating the number of Federal data centers in existence as of the date of the enactment of this Act— (1) by at least 40 percent not later than September 30, 2018; and (2) by at least 80 percent not later than September 30, 2023. (b) Reduction of data centers Not later than 6 months after the issuance of recommendations by the Director of the Office of Management and Budget under subsection (a), the head of each executive agency shall implement the recommendations by reducing the number of Federal data centers in accordance with such recommendations. II Other Matters 201. Rescission of unobligated budget authority for Department of Energy ATVM loan program Of the funds made available by section 129 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, Public Law 110–329 , the unobligated balance is hereby rescinded. 202. Report on implementation of certain Medicare and Medicaid fraud detection and program integrity provisions Section 1128J(a)(1)(A) of the Social Security Act (42 U.S.C. 1320a–7k(a)(1)(A)) is amended by adding at the end the following new clause: (iii) Report on Integrated Data Repository and One Program Integrity System Not later than six months after the date of enactment of this clause, the Secretary shall submit to the appropriate congressional committees a report on the following: (I) Integrated Data Repository Efforts to finalize plans and schedules for fully implementing and expanding the use of the Integrated Data Repository, including actions taken to finalize, implement, and manage plans for incorporating data into the Integrated Data Repository and actions taken to define measurable financial benefits expected from the implementation of the Integrated Data Repository. (II) One Program Integrity System Actions taken to plan, schedule, and conduct training on the One Program Integrity System, a Web-based portal and suite of software tools used to analyze and extract data from the Integrated Data Repository, and actions taken to define measurable financial benefits expected from the use of the One Program Integrity System. . 203. Enhancement of agricultural quarantine and inspection fees Section 2509(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 21 U.S.C. 136a(a) ) is amended— (1) in paragraph (1)(A), by inserting striking commercial aircraft, commercial truck, or railroad car and inserting private vessel, commercial aircraft, private aircraft, commercial truck, commercial bus, or railroad car ; and (2) by striking paragraph (2) and inserting the following new paragraph: (2) Limitation In setting the fees under paragraph (1), the Secretary shall ensure that the amount of the fees is commensurate with the aggregate costs of agricultural quarantine and inspection services. The costs of the services conducted under subparagraph (A) of such paragraph, with respect to commercial aircraft or other vehicles, includes the costs of any related inspections of passengers arriving on the commercial aircraft or other vehicles. . 204. Authorization of depleted uranium sales (a) Section 3112(a) of the USEC Privatization Act, Public Law 104–134 ( 42 U.S.C. 2297h–10 ), is amended to read as follows: (a) Transfers and sales by the secretary The Secretary shall not provide enrichment services or transfer or sell any uranium to any person except as consistent with this section. For purposes of this section, with the exception of subsection (b), uranium shall include but not be limited to natural uranium concentrates, natural uranium hexafluoride, high enriched uranium, low enriched uranium, depleted uranium, and any byproduct of uranium processing. . (b) Section 3112(d) is amended— (1) in paragraph (1), by striking sell natural and low-enriched uranium (including low-enriched uranium derived from highly enriched uranium) and inserting transfer or sell any uranium ; and (2) in paragraph (2), by striking natural or low-enriched uranium and inserting any uranium . (c) Section 3112(f) is renumbered as 3112(h). (d) After section 3112(e), insert new subsections (f) and (g) as follows: (f) Reporting Not less than 30 days nor more than two years prior to the transfer or sale of any uranium for any purpose, the Secretary shall notify the House and Senate Committees on Appropriations, the House Energy and Commerce Committee, and the Senate Committee on Energy and Natural Resources of the following: (1) The amount of uranium to be transferred or sold. (2) An estimate by the Secretary of the gross market value of the uranium on the expected date of the transfer or sale of the uranium. (3) The expected date of transfer or sale of the uranium. (4) The recipient of the uranium. (5) The funds, if any, the Secretary expects to receive in exchange for the uranium, and the Secretary’s plans for the funds, and, if the Secretary plans to retain the funds, a citation of the legal authority for doing so. (6) The value of the services and materials the Secretary expects to receive in exchange for the uranium, including any changes to the gross value of the uranium by the recipient for uranium to be provided to the Department of Energy. (7) The purpose of the transfer or sale. (g) List of transfers and sales The Secretary shall maintain a list identifying all notifications required by subsection (f) of this section and for each notification identifying the expected date of the notification, the actual date of the transaction and any information pertaining to the actual transaction that differs from the information provided in the notification. For each notification, the list shall identify the date of the relevant Secretarial determination, if any, pursuant to subsection (d)(2)(B) of this section. . 205. Coordination of diesel emissions controls The Director of the Office of Management and Budget shall, not later than six months after the date of enactment of this Act, develop a strategy— (1) to assess the collective results of Federal funding of activities that have the effect of reducing mobile source diesel emissions; and (2) to identify and eliminate any unnecessary duplication, overlap, and fragmentation of such activities. 206. Repeal of duplicative catfish inspection program (a) In general Effective on the date of the enactment of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.), subsection (b) of section 11016 of such Act ( Public Law 110–246 ; 122 Stat. 2130) and the amendments made by such subsection are repealed. (b) Application The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) shall be applied and administered as if subsection (b) of section 11016 ( Public Law 110–246 ; 122 Stat. 2130) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8701 et seq. ) and the amendments made by such subsection had not been enacted.