[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.
____________________