[Congressional Record Volume 160, Number 134 (Thursday, September 18, 2014)]
[Senate]
[Pages S5863-S5865]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 FEDERAL DATA CENTER CONSOLIDATION ACT

  Mr. PRYOR. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 372, S. 1611.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1611) to require certain agencies to conduct 
     assessments of data centers and develop data center 
     consolidation and optimization plans.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

                                S. 1611

     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) 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 sub clause (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.
       (D) 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.

       (E) 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--

[[Page S5864]]

       (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 Disclosure Requirements.--The Director of 
     National Intelligence may waive the applicability to any 
     element (or component of an element) of the intelligence 
     community of any provision of this Act if the Director of 
     National Intelligence 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 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.

  Mr. PRYOR. I ask unanimous consent that the committee-reported 
substitute amendment be considered, the Bennet and Carper amendments, 
which are at the desk, be agreed to en bloc, and the committee-reported 
amendment, as amended, be agreed to, and the bill, as amended, be read 
a third time and passed, and the motion to reconsider be considered 
made and laid upon the table, with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3930) was agreed to, as follows:

   (Purpose: To clarify reporting requirements for the Department of 
                                Defense)

       On page 16, between lines 18 and 19, insert the following:
       (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).

  The amendment (No. 3929) was agreed to, as follows:

 (Purpose: To modify the provision relating to waiver of requirements)

       On page 22, strike lines 11 through 24, and insert the 
     following:
       (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.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 1611), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 1611

       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--

[[Page S5865]]

       (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.

                          ____________________