[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1039 Introduced in Senate (IS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FEDERAL DATA CENTER CONSOLIDATION.

    (a) Definitions.--In this section:
            (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) Data center.--
                    (A) Definition.--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 Administrator in the ``Implementation 
                Guidance for the Federal Data Center Consolidation 
                Initiative'' memorandum, issued on March 19, 2012.
                    (B) Authority to modify definition.--The 
                Administrator may promulgate guidance or other 
                clarifications to modify the definition in subparagraph 
                (A) in a manner consistent with this Act, as the 
                Administrator determines necessary.
    (b) Federal Data Center Consolidation Inventories and Plans.--
            (1) In general.--
                    (A) Annual reports.--Each year, beginning in fiscal 
                year 2015 through the end of fiscal year 2019, the head 
                of the agency that is described in subparagraph (E), 
                assisted by the chief information officer of the 
                agency, shall submit to the Administrator--
                            (i) a comprehensive asset inventory of the 
                        data centers owned, operated, or maintained by 
                        or on behalf of the agency, even if the center 
                        is administered by a third party; and
                            (ii) an updated consolidation plan that 
                        includes--
                                    (I) a technical roadmap and 
                                approach for achieving the agency's 
                                targets for infrastructure utilization, 
                                energy efficiency (including 
                                performance benchmarks such as Power 
                                Utilization Effectiveness and use of 
                                Energy Star-rated equipment), cost 
                                savings and efficiency;
                                    (II) a detailed timeline for 
                                implementation of the data center 
                                consolidation plan;
                                    (III) quantitative utilization and 
                                efficiency goals for reducing assets, 
                                improving energy and efficiency, and 
                                improving use of information technology 
                                infrastructure;
                                    (IV) performance metrics by which 
                                the progress of the agency toward data 
                                center consolidation goals can be 
                                measured, including metrics to track 
                                any gains in energy utilization as a 
                                result of this initiative;
                                    (V) an aggregation of year-by-year 
                                investment and cost savings 
                                calculations for 5 years past the date 
                                of submission of the cost saving 
                                assessment, including a description of 
                                any initial costs for data center 
                                consolidation and life cycle cost 
                                savings;
                                    (VI) quantitative progress towards 
                                previously stated goals including cost 
                                savings (including savings measured on 
                                a total cost of ownership basis) and 
                                increases in operational efficiencies 
                                and utilization; and
                                    (VII) any additional information 
                                required by the Administrator.
                    (B) Use of existing reporting structures.--The 
                Administrator may require the agency described in 
                subparagraph (E) to submit any information required to 
                be submitted under this subsection through reporting 
                structures in use as of the date of enactment of this 
                Act.
                    (C) Certification.--Each year, beginning in fiscal 
                year 2015 through the end of fiscal year 2019, the head 
                of the agency, acting through the chief information 
                officer of the agency, shall submit a statement to the 
                Administrator certifying that the agency has complied 
                with the requirements of this Act.
                    (D) Inspector general report.--
                            (i) In general.--The Inspector General for 
                        the agency described in subparagraph (E) shall 
                        release a public report not later than 6 months 
                        after the date on which the agency releases the 
                        first updated asset inventory in fiscal year 
                        2015 under subparagraph (A)(i), which shall 
                        evaluate the completeness of the inventory of 
                        the agency.
                            (ii) Agency response.--The head of the 
                        agency shall respond to the report completed by 
                        the Inspector General for the agency under 
                        clause (i), and complete any inventory 
                        identified by the Inspector General for the 
                        agency as incomplete, by the time the agency 
                        submits the required inventory update for 
                        fiscal year 2016.
                    (E) Agency described.--The agency described in this 
                paragraph is the Department of Energy, including all 
                agencies under the jurisdiction of the Department of 
                Energy.
                    (F) Agency implementation of consolidation plans.--
                The agency described in subparagraph (E), under the 
                direction of the chief information officer of the 
                agency shall--
                            (i) implement the consolidation plan 
                        required under subparagraph (A)(ii); and
                            (ii) provide to the Administrator annual 
                        updates on implementation and cost savings 
                        (including life cycle costs) and efficiency 
                        improvements realized through such 
                        consolidation plan.
            (2) Administrator responsibilities.--The Administrator 
        shall--
                    (A) establish the deadline, on an annual basis, for 
                agencies to submit information under this section;
                    (B) ensure that each certification submitted under 
                paragraph (1)(C) and each agency consolidation plan 
                submitted under paragraph (1)(A)(ii) is made available 
                in a timely manner to the general public;
                    (C) review the plans submitted under paragraph (1) 
                to determine whether each plan is comprehensive and 
                complete;
                    (D) monitor the implementation of the data center 
                consolidation plan of the agency described in paragraph 
                (1)(A)(ii); and
                    (E) update the cumulative cost savings projection 
                on an annual basis as the savings are realized through 
                the implementation of the agency plans.
            (3) Cost saving goal and updates for congress.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, or by September 30th of 
                fiscal year 2015, whichever is later, the Administrator 
                shall develop and publish a goal for the total amount 
                of planned cost savings by the Federal Government 
                through the Federal Data Center Consolidation 
                Initiative during the 5-year period beginning on the 
                date of enactment of this Act, which shall include a 
                breakdown on a year-by-year basis of the projected 
                savings.
                    (B) Annual update.--
                            (i) In general.--Not later than 1 year 
                        after the date on which the goal described in 
                        subparagraph (A) is determined and each year 
                        thereafter until the end of 2019, the 
                        Administrator shall publish a report on the 
                        actual savings achieved through the Federal 
                        Data Center Consolidation Initiative as 
                        compared to the projected savings developed 
                        under subparagraph (A) (based on data collected 
                        from the agency under paragraph (1)).
                            (ii) Update for congress.--The report 
                        required under subparagraph (A) shall be 
                        submitted to Congress and shall include an 
                        update on the progress made by the agency 
                        described in paragraph (1)(E) on--
                                    (I) whether the agency has in fact 
                                submitted a comprehensive asset 
                                inventory;
                                    (II) whether the agency has 
                                submitted a comprehensive consolidation 
                                plan with the key elements described in 
                                paragraph (1)(A)(ii); and
                                    (III) the progress, if any, of the 
                                agency on implementing the 
                                consolidation plan of the agency.
                            (iii) Request for reports.--Upon request 
                        from the Committee on Energy and Natural 
                        Resources of the Senate or the Committee on 
                        Energy and Commerce of the House of 
                        Representatives, the head of the agency 
                        described in paragraph (1)(E) or the Director 
                        of the Office of Management and Budget shall 
                        submit to the requesting committee any report 
                        or information submitted to the Office of 
                        Management and Budget for the purpose of 
                        preparing a report required under clause (i) or 
                        an updated progress report required under 
                        clause (ii).
            (4) GAO review.--The Comptroller General of the United 
        States shall, on an annual basis, publish a report on--
                    (A) the quality and completeness of the agency's 
                asset inventory and consolidation plans required under 
                paragraph (1)(A);
                    (B) the agency's progress on implementation of the 
                consolidation plans submitted under paragraph (1)(A);
                    (C) overall planned and actual cost savings 
                realized through implementation of the consolidation 
                plans submitted under paragraph (1)(A);
                    (D) any steps that the Administrator could take to 
                improve implementation of the data center consolidation 
                initiative; and
                    (E) any matters for Congressional consideration in 
                order to improve or accelerate the implementation of 
                the data center consolidation initiative.
            (5) Response to gao.--
                    (A) In general.--If a report required under 
                paragraph (4) identifies any deficiencies or delays in 
                any of the elements described in subparagraphs (A) 
                through (E) of paragraph (4) for the agency, the head 
                of the agency shall respond in writing to the 
                Comptroller General of the United States, not later 
                than 90 days after the date on which the report is 
                published under paragraph (4), with a detailed 
                explanation of how the agency will address the 
                deficiency.
                    (B) Additional requirements.--If the Comptroller 
                General identifies that the agency has repeatedly 
                lagged in implementing the data center consolidation 
                initiative, the Comptroller General may require that 
                the head of the agency submit a statement explaining--
                            (i) why the agency is having difficulty 
                        implementing the initiative; and
                            (ii) what structural or personnel changes 
                        are needed within the agency to address the 
                        problem.
    (c) Ensuring Cybersecurity Standards for Data Center Consolidation 
and Cloud Computing.--The agency required to implement a data center 
consolidation plan under this Act and migrate to cloud computing shall 
do so in a manner that is consistent with Federal guidelines on cloud 
computing security, including--
            (1) applicable provisions found within the Federal Risk and 
        Authorization Management Program of the General Services 
        Administration; and
            (2) guidance published by the National Institute of 
        Standards and Technology.
    (d) Classified Information.--The Director of National Intelligence 
may waive the requirements of this Act for any element (or component of 
an element) of the intelligence community.
    (e) Sunset.--This Act is repealed effective on October 1, 2019.
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