[Senate Report 117-210]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 562

117th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 117-210

======================================================================
 
                  FEDERAL DATA CENTER ENHANCEMENT ACT

                               __________

                              R E P O R T

                                 OF THE

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              TO ACCOMPANY

                                S. 4629

                      TO AMEND THE CARL LEVIN AND
               HOWARD P. ``BUCK'' MCKEON NATIONAL DEFENSE
            AUTHORIZATION ACT FOR FISCAL YEAR 2015 TO MODIFY
            REQUIREMENTS RELATING TO DATA CENTERS OF CERTAIN
                FEDERAL AGENCIES, AND FOR OTHER PURPOSES

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               November 17, 2022.--Ordered to be printed
               
                            __________

                  U.S. GOVERNMENT PUBLISHING OFFICE                    
39-010                     WASHINGTON : 2022                   
-----------------------------------------------------------------------------------                  
             
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
            Lena C. Chang, Director of Governmental Affairs
         Matthew T. Cornelius, Senior Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Cara G. Mumford, Minority Director of Governmental Affairs
                     Laura W. Kilbride, Chief Clerk
                     
                     
                     
                                                  Calendar No. 562

117th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 117-210

======================================================================
                    
                 FEDERAL DATA CENTER ENHANCEMENT ACT

                                _______
                                

               November 17, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 4629]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 4629) to amend the 
Carl Levin and Howard P. ``Buck'' McKeon National Defense 
Authorization Act for Fiscal Year 2015 to modify requirements 
relating to data centers of certain Federal agencies, and for 
other purposes, having considered the same, reports favorably 
thereon with amendments and recommends that the bill, as 
amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
 IV. Section-by-Section Analysis of the Bill, as Reported.............3
  V. Evaluation of Regulatory Impact..................................4
 VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Bill, as Reported............7

                         I. Purpose and Summary

    S. 4629, the Federal Data Center Enhancement Act of 2022, 
updates and amends the Federal Data Center Consolidation 
Initiative (FDCCI) authorized under the Fiscal Year 2015 
National Defense Authorization Act.\1\ S. 4629 amends the 
requirements of FDCCI, shifting the policy focus from 
consolidation to optimization, security, and resilience. The 
bill requires the Office of Management and Budget (OMB) to 
coordinate a government-wide effort to develop minimum 
requirements for federal data centers related to cyber 
intrusions, data center availability, mission-critical uptime, 
and resilience against physical attacks, and natural disasters. 
It also strikes language from the Federal Information 
Technology Acquisition Reform Act (FITARA) referring to data 
center consolidation to ensure that federal agencies focus on 
the cost savings and avoidances that can be achieved through 
optimization, given the success of past data center 
consolidation efforts.\2\
---------------------------------------------------------------------------
    \1\National Defense Authorization Act of 2015, Public Law 113-291, 
Sec. 834 (2014).
    \2\The stricken language was enacted in H.R. 1232, Sec. 202(b), 
113th Cong. (2013), which was incorporated into the National Defense 
Authorization Act of 2015, Pub. L. No. 113-291, Sec. 834 (2014).
---------------------------------------------------------------------------

              II. Background and Need for the Legislation

    Federal data centers are the physical facilities where 
federal agencies store and process data, and host key 
information technology (IT) and cybersecurity infrastructure. 
Following the passage of the FITARA, OMB launched the Federal 
Data Center Optimization Initiative (DCOI) to advance data 
center consolidation and improve federal data centers' 
performance.\3\ By any measure, DCOI was effective and 
successful; since 2010, more than 6,000 federal data centers 
have been consolidated with a resulting cost savings and cost 
avoidance of $5.8 billion.\4\
---------------------------------------------------------------------------
    \3\Memorandum from Tony Scott, Federal Chief Information Officer, 
to Heads of Executive Departments and Agencies, Data Center 
Optimization Initiative (DCOI) (available at https://
datacenters.cio.gov/policy/) (Aug. 1, 2016).
    \4\Government Accountability Office, Data Center Optimization: 
Agencies Report Progress and Billions Saved, but OMN Needs to Improve 
Its Utilization Guidance (GAO-21-212) (March 4, 2021).
---------------------------------------------------------------------------
    The Government Accountability Office (GAO) has tracked and 
reported on agencies' progress in consolidating data centers 
regularly since 2011.\5\ In 2017, GAO issued three substantial 
reports identifying opportunities for agency data center 
optimization. It also included identification of improvements 
for IT management on its ``high risk'' list.\6\
---------------------------------------------------------------------------
    \5\Government Accountability Office, Data Center Consolidation: 
Agencies Need to Complete Inventories and Plans to Achieve Expected 
Savings (GAO-11-565) (Jul. 19, 2011); Government Accountability Office, 
Data Center Consolidation: Agencies Making Progress on Efforts, but 
Inventories and Plans Need to be Completed (GAO-12-742) (Jul. 19, 
2012); Government Accountability Office, Data Center Consolidation: 
Strengthened Oversight Needed to Achieve Cost Savings Goal (GAO-13-378) 
(Apr. 23, 2013); Government Accountability Office, Data Center 
Consolidation: Reporting Can Be Improved to Reflect Substantial Planned 
Savings (GAO-14-713); Government Accountability Office, Data Center 
Consolidation: Agencies Making Progress, but Planned Savings Goals Need 
to Be Established (GAO-16-323) (Mar. 3, 2016).
    \6\Government Accountability Office, Government Efficiency and 
Effectiveness: Opportunities 
to Address Pervasive Management Risks and Challenges while Reducing 
Federal Costs (GAO-17-631T) (May 17, 2017); Government Accountability 
Office, Agencies Need to Complete Plans to Address Inconsistencies in 
Reported Savings (GAO-17-388); Government Accountability Office, Data 
Center Optimization: Agencies Need to Address Challenges and Improve 
Progress to Achieve Cost Savings Goal (GAO-17-488) (Aug. 15, 2017); 
Government Accountability Office, Improving the Management of IT 
Acquisitions and Operations (www.gao.gov/highrisk/improving-management-
it-acquisitions-and-operations) (accessed Aug. 30, 2022).
---------------------------------------------------------------------------
    Building upon DCOI, in 2019 OMB issued Memorandum M-19-19 
Update to the Data Center Optimization Initiative (DCOI), which 
included new performance metrics for federal data centers, 
required agencies to prioritize their focus on key mission 
facilities, and aligned agency IT infrastructure investments to 
the Cloud Smart Strategy.\7\ Recently, Congress has provided 
additional direction to federal agencies on how to prioritize 
the metrics and requirement of federal IT infrastructure, most 
notably through the passage of the Energy Act of 2020.\8\ S. 
4629 builds upon these requirements to ensure any new federal 
data center complies with additional requirements, to be set by 
OMB, for cybersecurity and resilience, while also urging 
agencies to update their current data centers to meet the OMB 
requirements when those facilities, or the contracts that 
manage them, come up for review or contract renewal.
---------------------------------------------------------------------------
    \7\Memorandum from Suzette Kent, Federal Chief Information Officer, 
to Chief Information Officers of Executive Departments and Agencies, 
Update to Data Center Optimization Initiative (DCOI) (available at 
https://datacenters.cio.gov/policy/) (June 25, 2019); Office of 
Management and Budget, Office of the Federal Chief Information Officer, 
Federal Cloud Computing Strategy, From Cloud First to Cloud Smart 
(https://cloud.cio.gov/strategy/) (accessed on Aug. 30, 2022).
    \8\Consolidated Appropriations Act of 2021, Pub. L. No 116-260, 
Div. Z, Sec. 1003 (2020).
---------------------------------------------------------------------------

                        III. Legislative History

    Senator Jackie Rosen (D-NV) introduced S. 4629 on July 27, 
2022, with Senator John Cornyn (R-TX) and Chairman Gary Peters 
(D-MI) as cosponsors. The bill was referred to the Committee on 
Homeland Security and Governmental Affairs.
    The Committee considered S. 4629 at a business meeting on 
August 3, 2022. During the business meeting. S. 4629 was 
ordered reported favorably by voice vote en bloc. Senators 
present for the vote were Peters, Hassan, Sinema, Rosen, 
Padilla, Ossoff, Lankford, Romney, Scott, and Hawley.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section designates the name of the bill as the 
``Federal Data Center Enhancement Act of 2022.''

Section 2. Federal Data Center Consolidation Initiative amendments

    Subsection (a) finds that the upcoming expiration of the 
Federal Data Center Optimization Initiative authorized under 
the Fiscal Year 2015 National Defense Authorization Act 
presents an opportunity to review the objectives of the Federal 
Data Center Optimization Initiative to ensure that the 
initiative is meeting the current needs of the federal 
government. This section also notes the growing need for 
federal agencies to use data centers and cloud applications 
that meet high standards for cybersecurity, resiliency, 
availability, and sustainability.
    Subsection (b) establishes minimum requirements for new 
data centers. Subsection (b)(1) defines a new data center as a 
data center (or a portion thereof) that is established or 
substantially upgraded within 180 days of enactment and that is 
owned, operated, or maintained by a covered federal agency and, 
to the extent practicable, a data center owned, operated, or 
maintained by a federal contractor.
    Subsection (b)(2) requires the Administrator of the Office 
of Electronic Government to establish minimum requirements for 
new data centers in consultation with the Administrator of 
General Services and the Federal Chief Information Officers 
Council. These requirements relate to availability and use of 
new data centers, the use of sustainable energy sources, uptime 
percentage, protection against power failures, protections 
against physical intrusions and natural disasters, and 
information security requirements of the Federal Information 
Security Modernization Act of 2014 (Pub. L. 113-283). This 
subsection requires OMB to consult with the Director of the 
Cybersecurity and Infrastructure Security Agency and the 
National Cyber Director in establishing the requirements.
    Subsection (b)(3) allows the Administrator to incorporate 
the minimum requirements established under (b)(1) into the 
requirements for any agency data center existing at the date of 
enactment.
    Subsection (b)(4) provides for periodic review of the 
requirements in consultation with the Administrator of General 
Services and the Federal Chief Information Officers Council.
    Subsection (b)(5) requires, if, during the development and 
planning lifecycle of a new data center, an agency head 
determines that the agency is likely to make a management or 
financial decision relating to the new data center, the head of 
the covered agency shall report it to the Administrator of the 
Office of Electronic Government, the Senate Committee on 
Homeland Security and Governmental Affairs and the House 
Committee on Oversight and Reform with a sufficiently detailed 
description of how the agency intends to comply with the 
minimum requirements.
    Subsection (b)(6) requires agency heads, in determining 
whether to establish or continue to operate a data center, to 
regularly assess the agency's application portfolio to ensure 
that each legacy application is updated, replaced, or 
modernized, as appropriate, to take advantage of modern 
technologies. The subsection also requires agency heads to 
prioritize and, to the greatest extent possible, leverage 
commercial cloud environments rather than acquiring, 
overseeing, or managing custom data center infrastructure. 
Finally, the subsection requires agencies to oversee and manage 
their data centers to comply with information security 
standards promulgated by the National Institute of Standards 
and Technology, additional requirements of the Federal Risk 
Authorization and Management Program (FedRAMP), and binding 
operational directives issues by the Department of Homeland 
Security.
    Subsection (c) extends the sunset of the Federal Data 
Center Consolidation Initiative from October 1, 2022 to October 
1, 2025.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 9, 2022.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed table summarizing estimated budgetary 
effects and mandates information for some of the legislation 
that has been ordered reported by the Senate Committee on 
Homeland Security and Governmental Affairs during the 117th 
Congress.
    If you wish further details, we will be pleased to provide 
them. The CBO staff contact for each estimate is listed on the 
enclosed table.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

           SUMMARY ESTIMATES OF LEGISLATION ORDERED REPORTED

    The Congressional Budget Act of 1974 requires the 
Congressional Budget Office, to the extent practicable, to 
prepare estimates of the budgetary effects of legislation 
ordered reported by Congressional authorizing committees. In 
order to provide the Congress with as much information as 
possible, the attached table summarizes information about the 
estimated direct spending and revenue effects of some of the 
legislation that has been ordered reported by the Senate 
Committee on Homeland Security and Governmental Affairs during 
the 117th Congress. The legislation listed in this table 
generally would have small effects, if any, on direct spending 
or revenues, CBO estimates. Where possible, the table also 
provides information about the legislation's estimated effects 
on spending subject to appropriation and on intergovernmental 
and private-sector mandates as defined in the Unfunded Mandates 
Reform Act.

                                                  ESTIMATED BUDGETARY EFFECTS AND MANDATES INFORMATION
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                       Increases
                                                               Direct                 Spending Subject   Pay-As-You-   On-Budget
   Bill        Title        Status      Last      Budget     Spending,    Revenues,          to              Go         Deficits    Mandates    Contact
  Number                               Action    Function    2023-2032    2023-2032    Appropriation,    Procedures    Beginning
                                                                                          2023-2027        Apply?       in 2033?
--------------------------------------------------------------------------------------------------------------------------------------------------------
S. 4629    Federal Data   Ordered     08/03/22  800         Between      0            Not estimated     Yes           No           No          Matthew
            Center         reported                          zero and                                                                           Pickford
            Enhancement                                      $500,000
            Act of 2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
S. 4629 would extend a program to consolidate existing federal data centers; the bill also would require the Office of Electronic Government to
  establish minimum requirements for new data centers that address their availability and use as well as protections against power failures, intrusions,
  and natural disasters. The bill provides guidance on the criteria to consider in developing those new requirements. CBO estimates that enacting S.
  4629 would have an insignificant effect on direct spending and no effect on revenues over the 2023-2032 period. CBO has not estimated the
  discretionary costs of implementing the bill. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates
  Reform Act.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 44--PUBLIC PRINTING AND DOCUMENTS

           *       *       *       *       *       *       *


CHAPTER 36--MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT SERVICES

           *       *       *       *       *       *       *



SEC. 3601. DEFINITIONS

           *       *       *       *       *       *       *


STATUTORY NOTES AND RELATED SUBSIDIARIES

           *       *       *       *       *       *       *


FEDERAL DATA CENTER CONSOLIDATION INITIATIVE

           *       *       *       *       *       *       *


    ``(a) * * *
          ``(1) * * *
          ``(2) * * *
          [``(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).]
          ``(3) New data center.--The term `new data center' 
        means--
                  ``(A)
                          ``(i) a data center or a portion 
                        thereof that is owned, operated, or 
                        maintained by a covered agency; or
                          ``(ii) to the extent practicable, a 
                        data center or portion thereof--
                                  ``(I) that is owned, 
                                operated, or maintained by a 
                                contractor on behalf of a 
                                covered agency on the date on 
                                which the contract between the 
                                covered agency and the 
                                contractor expires; and
                                  ``(II) with respect to which 
                                the covered agency extends the 
                                contract, or enters into a new 
                                contract, with the contractor; 
                                and
                  ``(B) on or after the date that is 180 days 
                after the date of enactment of the Federal Data 
                Center Enhancement Act of 2022, a data center 
                or portion thereof that is--
                          ``(i) established; or
                          ``(ii) substantially upgraded or 
                        expanded.
    [``(b) Federal Data Center Consolidation Inventories and 
Strategies.--
          [``(1) In general.--
                  [``(A) Annual reporting.--Except as provided 
                in subparagraph (C), each year, beginning in 
                the first fiscal year after the date of the 
                enactment of this Act [Dec. 19, 2014] 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 the 
                                enactment of this Act and 
                                ending on the date set forth 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 [Pub. L. 112-81] (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 the 
                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 
                                section; and
                                  [``(II) make the statement 
                                submitted under subclause (I) 
                                publicly available; and
                          [``(ii) if the agency has not 
                        complied with the requirements of this 
                        section, submit a statement to the 
                        Administrator explaining the reasons 
                        for not complying with such 
                        requirements.
                  [``(E) Agency implementation of strategies.--
                          [``(i) In general.--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--
                                          [``(aa) the 
                                        completion of 
                                        activities by the 
                                        agency under the FDCCI;
                                          [``(bb) any progress 
                                        of the agency towards 
                                        meeting the Government-
                                        wide data center 
                                        consolidation and 
                                        optimization metrics; 
                                        and
                                          [``(cc) the actual 
                                        cost savings and other 
                                        improvements realized 
                                        through the 
                                        implementation of the 
                                        strategy of the agency.
                          [``(ii) Department of defense.--For 
                        purposes of clause (i)(I), 
                        implementation of the defense-wide plan 
                        required under section 2867(b)(2) of 
                        the National Defense Authorization Act 
                        for Fiscal Year 2012 [Pub. L. 112-81] 
                        (10 U.S.C. 2223a note) by the 
                        Department of Defense shall be 
                        considered implementation of the 
                        strategy required under subparagraph 
                        (A)(ii).
                  [``(F) Rule of construction.--Nothing in this 
                section 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 a 
                        minimum, server efficiency; and
                          [``(iii) any other factors the 
                        Administrator considers appropriate.
          [``(3) Cost saving goal and updates for congress.--
                  [``(A) In general.--Not later than one year 
                after the date of the enactment of this Act, 
                the Administrator shall develop, and make 
                publicly 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 the enactment of this Act and ending on 
                the date set forth in subsection (e).
                  [``(B) Annual update.--
                          [``(i) In general.--Not later than 
                        one year after the date on which the 
                        goal described in subparagraph (A) is 
                        made publicly 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) the extent to which 
                                each covered agency has 
                                developed and submitted a 
                                comprehensive inventory under 
                                paragraph (1)(A)(i), including 
                                an analysis of the inventory 
                                that details specific numbers, 
                                use, and efficiency level of 
                                data centers in each inventory; 
                                and
                                  [``(II) the extent to which 
                                each covered agency has 
                                submitted a comprehensive 
                                strategy that addresses the 
                                items listed in paragraph 
                                (1)(A)(ii).
          [``(4) GAO review.--
                  [``(A) In general.--Not later than one year 
                after the date of the 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 
                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).]
    (b) Minimum Requirements for New Data Centers.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of the Federal Data Center 
        Enhancement Act of 2022, the Administrator shall 
        establish minimum requirements for new data centers in 
        consultation with the Administrator of General Services 
        and the Federal Chief Information Officers Council.
          (2) Contents.--
                  (A) In general.--The minimum requirements 
                established under paragraph (1) shall include 
                requirements relating to--
                          (i) the availability of new data 
                        centers;
                          (ii) the use of new data centers;
                          (iii) the use of sustainable energy 
                        sources;
                          (iv) uptime percentage;
                          (v) protections against power 
                        failures, including on-site energy 
                        generation and access to multiple 
                        transmission paths;
                          (vi) protections against physical 
                        intrusions and natural disasters;
                          (vii) information security 
                        protections required by subchapter II 
                        of chapter 35 of title 44, United 
                        States Code, and other applicable law 
                        and policy; and
                          (viii) any other requirements the 
                        Administrator determines appropriate.
                  (B) Consultation.--In establishing the 
                requirements described in subparagraph 
                (A)(vii), the Administrator shall consult with 
                the Director of the Cybersecurity and 
                Infrastructure Security Agency and the National 
                Cyber Director.
          (3) Use of existing standards.--The Administrator may 
        incorporate the minimum requirements established under 
        paragraph (1) into the appropriate requirements of any 
        agency data center existing as of the date of enactment 
        of the Federal Data Center Enhancement Act of 2022.
          (4) Review of standards.--The Administrator, in 
        consultation with the Administrator of General Services 
        and the Federal Chief Information Officers Council, 
        shall review, update, and modify the minimum 
        requirements established under paragraph (1), as 
        necessary.
          (5) Report on new data centers.--During the 
        development and planning lifecycle of a new data 
        center, if the head of a covered agency determines that 
        the covered agency is likely to make a management or 
        financial decision relating to the new data center, the 
        head of the covered agency shall--
                  (A) Notify--
                          (i) the Administrator;
                          (ii) Committee on Homeland Security 
                        and Governmental Affairs of the Senate; 
                        and
                          (iii) Committee on Oversight and 
                        Reform of the House of Representatives; 
                        and
                  (B) describe in the notification with 
                sufficient detail how the covered agency 
                intends to comply with the minimum requirements 
                established under paragraph (1).
          (6) Use of technology.--In determining whether to 
        establish or continue to operate a data center, the 
        head of a covered agency shall--
                  (A) regularly assess the application 
                portfolio of the covered agency and ensure that 
                each legacy application is updated, replaced, 
                or modernized, as appropriate, to take 
                advantage of modern technologies; and
                  (B) prioritize and, to the greatest extent 
                possible, leverage commercial cloud 
                environments rather than acquiring, overseeing, 
                or managing custom data center infrastructure.
    ``(c) * * *
    ``(d) * * *
    ``(e) Sunset.--This section is repealed effective on 
October 1, [2022] 2025.''

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