[Senate Report 118-311]
[From the U.S. Government Publishing Office]
Calendar No. 731
118th Congress} { Report
SENATE
2d Session } { 118-311
======================================================================
MULTI-CLOUD INNOVATION AND ADVANCEMENT ACT OF 2023
__________
R E P O R T
OF THE
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
TO ACCOMPANY
S. 2871
TO ADVANCE FEDERAL GOVERNMENT INNOVATION THROUGH
THE IMPLEMENTATION AND USE OF MULTI-CLOUD COMPUTING
SOFTWARE TECHNOLOGY, AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 19 (legislative day, December 16), 2024.--Ordered to be
printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2025
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COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut JOSH HAWLEY, Missouri
ADAM SCHIFF, California ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Alan S. Kahn, Chief Counsel
Michelle M. Benecke, Senior Counsel
Evan E. Freeman, Counsel
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Andrew J. Hopkins, Minority Counsel
Kendal B. Tigner, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 731
118th Congress} { Report
SENATE
2d Session } { 118-311
======================================================================
MULTI-CLOUD INNOVATION AND ADVANCEMENT ACT OF 2023
_______
December 19 (legislative day, December 16), 2024.--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. 2871]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 2871) to advance
Federal Government innovation through the implementation and
use of multi-cloud computing software technology, and for other
purposes, having considered the same, reports favorably thereon
with an amendment in the nature of a substitute 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............5
I. PURPOSE AND SUMMARY
S. 2871, the Multi-Cloud Innovation and Advancement Act of
2023, would support a modernized and streamlined adoption of
cloud computing technology by federal agencies. The Act
recognizes the federal government's use of cloud computing and
the need to optimize its use through operational efficiencies,
standardized security, and cost reduction.
The Act would require the Office of Management and Budget
(OMB) to provide guidance for federal agencies on how to
operate cloud computing services from more than one provider
(referred to as multi-cloud technology). That guidance would
inform agencies on how to securely and efficiently transition
their information technology systems to multi-cloud networks.
In addition, the bill requires the Government Accountability
Office to report to Congress on the effectiveness of efforts by
federal agencies to adopt multi-cloud technology. The bill also
requires workforce development training to help fill skill gaps
and improve implementation.
II. BACKGROUND AND NEED FOR THE LEGISLATION
Cloud computing is a model for access to a shared pool of
resources that can be rapidly provisioned and released with
minimal management. As opposed to local computing, cloud
computing servers are often hosted by third-party providers in
remote data centers and are accessible via the internet. These
remote models, unlike local computing practices, do not require
government spending on the maintenance of on-site hardware and
software.\1\ In 2010, OMB published a report delineating a 25-
point plan to reform federal information technology (IT),
highlighting cloud computing for its potential to address
government inefficiencies.\2\
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\1\Congressional Research Service, Cloud Computing: Background,
Status of Adoption by Federal Agencies, and Congressional Action
(R46119) (Mar. 25, 2020); National Institute of Science and Technology,
The NIST Definition of Cloud Computing (SP 800-145) (Sept. 2011).
\2\Office of Management and Budget, 25 Point Implementation Plan to
Reform Federal Information Technology Management (Dec. 9, 2010)
(www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/assets/
egov_docs/25-point-implementation-plan-to-reform-federal-it.pdf).
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In 2011, the Obama Administration released the first
Federal Cloud Computing Strategy (Cloud First) to accelerate
the pace of the government's adoption of cloud computing
solutions. Cloud First requires agencies to implement cloud
solutions whenever feasible, prioritize cloud-based options in
IT procurement, and leverage cloud computing's scalability and
cost-effectiveness to enhance overall operational
efficiency.\3\ In 2017, the Trump Administration built on this
framework and published the Cloud Smart strategy. This strategy
focused on modernizing security policies, improving the ability
of agencies to purchase cloud software, and bolstering the
federal workforce's digital skills regarding cloud engineering
and IT modernization.\4\
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\3\Office of Management and Budget, Federal Cloud Computing
Strategy (Feb. 8, 2011) (obamawhitehouse.archives.gov/sites/default/
files/omb/assets/egov_docs/federal-cloud-computing-strategy.pdf).
\4\Office of Management and Budget, Federal Cloud Computing
Strategy (June 24, 2019) (www.whitehouse.gov/wp-content/uploads/2019/
06/Cloud-Strategy.pdf).
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The Multi-Cloud Innovation and Advancement Act of 2023
builds on these previous executive initiatives and seeks to
further modernize the federal government's IT landscape and
increase cost efficiencies. The bill requires OMB to (1)
publish a study and guidelines for voluntary agency use of
multi-cloud technology, including best practices and lessons
learned from agencies that have adopted these technologies, and
(2) a cost-benefit analysis of agencies transitioning to multi-
cloud technology compared to the existing cloud computing
systems of those agencies. This bill also requires OMB to
evaluate the digital skills gap within the federal workforce
and recommend ways to bolster these skills. In calling for OMB
to build upon its history of deploying advanced cloud computing
strategies, this bill aims to modernize the federal
government's IT landscape.
III. LEGISLATIVE HISTORY
Senator Steve Daines (R-MT) introduced S. 2871, the Multi-
Cloud Innovation and Advancement Act of 2023, on September 20,
2023, with original cosponsor Senator Jacky Rosen (D-V). The
bill was referred to the Committee on Homeland Security and
Governmental Affairs.
The Committee considered S. 2871 at a business meeting on
April 10, 2024. At the business meeting, Senator Gary Peters
(D-MI) offered a substitute amendment to the bill and a
modification to the substitute amendment. The Peters substitute
amendment revises the definition of multi-cloud technology and
adds language requiring the Director of the National Institute
of Science and Technology (NIST) to publish this definition and
subject it to periodic review. The substitute amendment also
includes additional reporting requirements for the required OMB
study as well as the Comptroller General's report. It removes a
provision that required the Comptroller General to issue a
technical assessment evaluating agencies' existing capabilities
and recommending improvements. The modification to the
substitute amendment makes minor technical changes to the
language of the bill and adds language prohibiting the
authorization of additional funds to carry out this Act.
The Committee adopted the modification to the Peters
substitute amendment, and the Peters substitute amendment as
modified, by unanimous consent, with Senators Peters, Hassan,
Sinema, Rosen, Ossoff, Blumenthal, Butler, Paul, Lankford,
Romney, Scott, Hawley, and Marshall present. The bill, as
amended by the Peters substitute amendment as modified, was
ordered reported favorably by roll call vote of 12 yeas to 1
nay, with Senator Peters, Hassan, Sinema, Rosen, Ossoff,
Blumenthal, Butler, Lankford, Romney, Scott, Hawley, and
Marshall voting in the affirmative, and Senator Paul voting in
the negative. Senators Carper and Johnson voted yea by proxy,
for the record only.
IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED
Section 1. Short title
This section establishes the short title of the bill as the
``Multi-Cloud Innovation and Advancement Act of 2023.''
Section 2. Definitions
This section defines the terms ``agency,'' ``cloud
computing,'' ``Comptroller General,'' ``Director,''
``information and communications technology,'' ``multi-cloud
technology,'' and ``relevant committees of Congress'' within
the bill.
Section 3. Study and guidelines for voluntary agency use of multi-cloud
technology
This section requires the OMB Director, not later than one
year after enactment of this bill, to study the use of multi-
cloud technology by agencies, identify best practices and
lessons learned by agencies, and develop a cost-benefit
analysis of agencies transitioning to multi-cloud technology
compared to their existing cloud computing systems. OMB is
required to provide a briefing to the relevant congressional
committees on these findings within 540 days of enactment.
Section 4. Workforce development study and technical capabilities
assessment
This section requires the Comptroller General to submit a
report to Congress and the public, not later than one year
after enactment, that identifies gaps in digital skills within
the federal workforce, assesses the ability of the federal
government to procure multi-cloud technology, and recommends
solutions to address any gaps identified.
Section 5. Report to Congress
This section requires the Comptroller General to submit a
report to Congress and the public, not later than two years
after enactment, that evaluates the state of multi-cloud
technology since the adoption of the bill, including but not
limited to information regarding the extent to which the
adoption of multi-cloud technology has resulted in cost-savings
and reduced cybersecurity risks.
Section 6. Multi-cloud technology definition
This section requires the Director of NIST to publish a
definition of ``multi-cloud technology'' no less than 120 days
after enactment of this bill and periodically review--and if
necessary, update and republish--the definition to reflect
advancements in the technology or industry practices.
Section 7. No additional funds
This section prohibits the authorization of additional
funds to carry out this Act.
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
S. 2871 would require the Office of Management and Budget
to provide guidance to federal agencies on how to operate cloud
computing services from more than one provider (referred to as
multi-cloud technology). That guidance would inform agencies
how to securely and efficiently transition their information
technology systems to multi-cloud networks. The bill also would
require the Government Accountability Office to report to the
Congress on the effectiveness of efforts by federal agencies to
adopt multi-cloud technology.
Using information about the cost of similar guidance and
reporting requirements, CBO estimates that implementing the
bill would cost less than $500,000 to prepare the required
documents and reports. Any spending would be subject to the
availability of appropriated funds.
The CBO staff contact for this estimate is Aldo Prosperi.
The estimate was reviewed by Christina Hawley Anthony, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
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, there are no changes to existing
law.
[all]