[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1611 Referred in House (RFH)]
113th CONGRESS
2d Session
S. 1611
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2014
Referred to the Committee on Oversight and Government Reform, and in
addition to the Committee on Armed Services, 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
_______________________________________________________________________
AN ACT
To require certain agencies to conduct assessments of data centers and
develop data center consolidation and optimization plans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Data Center Consolidation
Act of 2013''.
SEC. 2. FEDERAL DATA CENTER CONSOLIDATION INITIATIVE.
(a) Definitions.--In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator for the Office of E-Government and Information
Technology within the Office of Management and Budget.
(2) Covered agency.--The term ``covered agency'' means the
following (including all associated components of the agency):
(A) Department of Agriculture;
(B) Department of Commerce;
(C) Department of Defense;
(D) Department of Education;
(E) Department of Energy;
(F) Department of Health and Human Services;
(G) Department of Homeland Security;
(H) Department of Housing and Urban Development;
(I) Department of the Interior;
(J) Department of Justice;
(K) Department of Labor;
(L) Department of State;
(M) Department of Transportation;
(N) Department of Treasury;
(O) Department of Veterans Affairs;
(P) Environmental Protection Agency;
(Q) General Services Administration;
(R) National Aeronautics and Space Administration;
(S) National Science Foundation;
(T) Nuclear Regulatory Commission;
(U) Office of Personnel Management;
(V) Small Business Administration;
(W) Social Security Administration; and
(X) United States Agency for International
Development.
(3) FDCCI.--The term ``FDCCI'' means the Federal Data
Center Consolidation Initiative described in the Office of
Management and Budget Memorandum on the Federal Data Center
Consolidation Initiative, dated February 26, 2010, or any
successor thereto.
(4) Government-wide data center consolidation and
optimization metrics.--The term ``Government-wide data center
consolidation and optimization metrics'' means the metrics
established by the Administrator under subsection (b)(2)(G).
(b) Federal Data Center Consolidation Inventories and Strategies.--
(1) In general.--
(A) Annual reporting.--Each year, beginning in the
first fiscal year after the date of enactment of this
Act and each fiscal year thereafter, the head of each
covered agency, assisted by the Chief Information
Officer of the agency, shall submit to the
Administrator--
(i) a comprehensive inventory of the data
centers owned, operated, or maintained by or on
behalf of the agency; and
(ii) a multi-year strategy to achieve the
consolidation and optimization of the data
centers inventoried under clause (i), that
includes--
(I) performance metrics--
(aa) that are consistent
with the Government-wide data
center consolidation and
optimization metrics; and
(bb) by which the
quantitative and qualitative
progress of the agency toward
the goals of the FDCCI can be
measured;
(II) a timeline for agency
activities to be completed under the
FDCCI, with an emphasis on benchmarks
the agency can achieve by specific
dates;
(III) year-by-year calculations of
investment and cost savings for the
period beginning on the date of
enactment of this Act and ending on the
date described in subsection (e),
broken down by each year, including a
description of any initial costs for
data center consolidation and
optimization and life cycle cost
savings and other improvements, with an
emphasis on--
(aa) meeting the
Government-wide data center
consolidation and optimization
metrics; and
(bb) demonstrating the
amount of agency-specific cost
savings each fiscal year
achieved through the FDCCI; and
(IV) any additional information
required by the Administrator.
(B) Use of other reporting structures.--The
Administrator may require a covered agency to include
the information required to be submitted under this
subsection through reporting structures determined by
the Administrator to be appropriate.
(C) Department of defense reporting.--For any year
that the Department of Defense is required to submit a
performance plan for reduction of resources required
for data servers and centers, as required under section
2867(b) of the National Defense Authorization Act for
Fiscal Year 2012 (10 U.S.C. 2223a note), the Department
of Defense--
(i) may submit to the Administrator, in
lieu of the multi-year strategy required under
subparagraph (A)(ii)--
(I) the defense-wide plan required
under section 2867(b)(2) of the
National Defense Authorization Act for
Fiscal Year 2012 (10 U.S.C. 2223a
note); and
(II) the report on cost savings
required under section 2867(d) of the
National Defense Authorization Act for
Fiscal Year 2012 (10 U.S.C. 2223a
note); and
(ii) shall submit the comprehensive
inventory required under subparagraph (A)(i),
unless the defense-wide plan required under
section 2867(b)(2) of the National Defense
Authorization Act for Fiscal Year 2012 (10
U.S.C. 2223a note)--
(I) contains a comparable
comprehensive inventory; and
(II) is submitted under clause (i).
(D) Statement.--Each year, beginning in the first
fiscal year after the date of enactment of this Act and
each fiscal year thereafter, the head of each covered
agency, acting through the Chief Information Officer of
the agency, shall--
(i)(I) submit a statement to the
Administrator stating whether the agency has
complied with the requirements of this Act; and
(II) make the statement submitted under
subclause (I) publically available; and
(ii) if the agency has not complied with
the requirements of this Act, submit a
statement to the Administrator explaining the
reasons for not complying with such
requirements.
(E) Agency implementation of strategies.--Each
covered agency, under the direction of the Chief
Information Officer of the agency, shall--
(i) implement the strategy required under
subparagraph (A)(ii); and
(ii) provide updates to the Administrator,
on a quarterly basis, of--
(I) the completion of activities by
the agency under the FDCCI;
(II) any progress of the agency
towards meeting the Government-wide
data center consolidation and
optimization metrics; and
(III) the actual cost savings and
other improvements realized through the
implementation of the strategy of the
agency.
(F) Rule of construction.--Nothing in this Act
shall be construed to limit the reporting of
information by a covered agency to the Administrator,
the Director of the Office of Management and Budget, or
Congress.
(2) Administrator responsibilities.--The Administrator
shall--
(A) establish the deadline, on an annual basis, for
covered agencies to submit information under this
section;
(B) establish a list of requirements that the
covered agencies must meet to be considered in
compliance with paragraph (1);
(C) ensure that information relating to agency
progress towards meeting the Government-wide data
center consolidation and optimization metrics is made
available in a timely manner to the general public;
(D) review the inventories and strategies submitted
under paragraph (1) to determine whether they are
comprehensive and complete;
(E) monitor the implementation of the data center
strategy of each covered agency that is required under
paragraph (1)(A)(ii);
(F) update, on an annual basis, the cumulative cost
savings realized through the implementation of the
FDCCI; and
(G) establish metrics applicable to the
consolidation and optimization of data centers
Government-wide, including metrics with respect to--
(i) costs;
(ii) efficiencies, including at least
server efficiency; and
(iii) any other metrics the Administrator
establishes under this subparagraph.
(3) Cost saving goal and updates for congress.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall
develop, and make publically available, a goal, broken
down by year, for the amount of planned cost savings
and optimization improvements achieved through the
FDCCI during the period beginning on the date of
enactment of this Act and ending on the date described
in subsection (e).
(B) Annual update.--
(i) In general.--Not later than 1 year
after the date on which the goal described in
subparagraph (A) is made publically available,
and each year thereafter, the Administrator
shall aggregate the reported cost savings of
each covered agency and optimization
improvements achieved to date through the FDCCI
and compare the savings to the projected cost
savings and optimization improvements developed
under subparagraph (A).
(ii) Update for congress.--The goal
required to be developed under subparagraph (A)
shall be submitted to Congress and shall be
accompanied by a statement describing--
(I) whether each covered agency has
in fact submitted a comprehensive asset
inventory, including an assessment
broken down by agency, which shall
include the specific numbers,
utilization, and efficiency level of
data centers; and
(II) whether each covered agency
has submitted a comprehensive
consolidation strategy with the key
elements described in paragraph
(1)(A)(ii).
(4) GAO review.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and each year
thereafter, the Comptroller General of the United
States shall review and verify the quality and
completeness of the asset inventory and strategy of
each covered agency required under paragraph (1)(A).
(B) Report.--The Comptroller General of the United
States shall, on an annual basis, publish a report on
each review conducted under subparagraph (A).
(c) Ensuring Cybersecurity Standards for Data Center Consolidation
and Cloud Computing.--
(1) In general.--In implementing a data center
consolidation and optimization strategy under this Act, a
covered agency shall do so in a manner that is consistent with
Federal guidelines on cloud computing security, including--
(A) applicable provisions found within the Federal
Risk and Authorization Management Program (FedRAMP);
and
(B) guidance published by the National Institute of
Standards and Technology.
(2) Rule of construction.--Nothing in this Act shall be
construed to limit the ability of the Director of the Office of
Management and Budget to update or modify the Federal
guidelines on cloud computing security.
(d) Waiver of Requirements.--The Director of National Intelligence
and the Secretary of Defense, or their respective designee, may waive
the applicability to any national security system, as defined in
section 3542 of title 44, United States Code, of any provision of this
Act if the Director of National Intelligence or the Secretary of
Defense, or their respective designee, determines that such waiver is
in the interest of national security. Not later than 30 days after
making a waiver under this subsection, the Director of National
Intelligence or the Secretary of Defense, or their respective designee,
shall submit to the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the Senate and the
Committee on Oversight and Government Reform and the Permanent Select
Committee on Intelligence of the House of Representatives a statement
describing the waiver and the reasons for the waiver.
(e) Sunset.--This Act is repealed effective on October 1, 2018.
Passed the Senate September 18, 2014.
Attest:
NANCY ERICKSON,
Secretary.