[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7949 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7949

  To direct the chief information officer of each agency to increase 
        efforts to manage data centers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 7, 2020

Mr. Cline (for himself and Mr. Phillips) introduced the following bill; 
      which was referred to the Committee on Oversight and Reform

_______________________________________________________________________

                                 A BILL


 
  To direct the chief information officer of each agency to increase 
        efforts to manage data centers, and for other purposes.

    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 ``Sensible Management of Archives, 
Records, and Technologies Government Act'' or the ``SMART Government 
Act''.

SEC. 2. INCREASED MANAGEMENT OF DATA CENTERS AND INVENTORY OF SOFTWARE.

    (a) Data Center Consolidation and Optimization.--
            (1) Strategic plan.--Not later than 6 months after the date 
        of the enactment of this Act, the chief information officer of 
        each agency shall develop and publish a strategic plan to 
        consolidate and optimize data centers at the agency. The 
        strategic plan shall include the following:
                    (A) Annual metrics to consolidate and optimize data 
                center locations.
                    (B) An estimation of the annual costs related to 
                the development and operation of data centers at the 
                agency.
                    (C) An estimation of the annual savings related to 
                implementing the strategic plan.
            (2) Annual update.--The chief information officer of each 
        agency shall annually update the plan described in paragraph 
        (1).
            (3) Certification.--Not later than 9 months after the date 
        of the enactment of this Act, and annually thereafter, the 
        inspector general of each agency shall submit to Congress a 
        certification that the agency has taken action to achieve the 
        annual metrics described in paragraph (1)(A).
            (4) Report.--Not later than 9 months after the date of the 
        enactment of this Act, and annually thereafter, the head of 
        each agency shall submit to Congress and the Director of the 
        Office of Management and Budget a report that includes--
                    (A) the certification described in paragraph (3);
                    (B) if applicable, the reason that an annual metric 
                under paragraph (1)(A) was not met in the previous 
                fiscal year;
                    (C) the annual costs related to the development and 
                operation of data centers at each agency, including any 
                cost related to implementing the strategic plan 
                described in paragraph (1); and
                    (D) the annual savings related to implementing the 
                strategic plan.
    (b) Software Asset Management.--Not later than 6 months after the 
date of the enactment of this Act, the chief information officer of a 
covered entity shall inventory software applications used in the 
information technology systems of the covered entity. With respect to 
each application, the inventory shall include the following:
            (1) Name.
            (2) Description.
            (3) Type.
            (4) Owner.
            (5) Support function.
    (c) Compliance.--
            (1) In general.--Notwithstanding any other provision of 
        law, including section 5318 of title 5, United States Code, any 
        chief information officer of an agency that does not meet the 
        requirements under subsection (a)(1), (a)(2), or (b) may not 
        receive an increase in the rate of pay until such requirements 
        are met.
            (2) Enforcement.--The head of the applicable agency shall 
        ensure that the chief information officer described in 
        paragraph (1) meets the provisions under this subsection.

SEC. 3. TRANSFER OF COPIES OF FEDERAL RECORDS.

    (a) Transfer.--
            (1) In general.--The head of each agency, in coordination 
        with the Archivist of the United States, shall, to the extent 
        practicable and in accordance with this section--
                    (A) create copies of all records controlled by the 
                agency; and
                    (B) transfer such copies to a records center 
                maintained and operated by the Archivist.
            (2) Standards and guidelines.--Not later than September 30, 
        2020, the Archivist shall--
                    (A) develop standards for the heads of each agency 
                to create copies of records under paragraph (1)(A), 
                including standards with respect to determining whether 
                the record from which the copy was created is inactive, 
                temporary, or permanent;
                    (B) develop guidelines for the heads of each agency 
                to--
                            (i) store metadata with respect to copies 
                        of records under paragraph (1)(A); and
                            (ii) transfer such copies pursuant to 
                        paragraph (1)(B); and
                    (C) make exemptions to the standards developed 
                pursuant to subparagraph (A), taking into 
                consideration--
                            (i) any burden to the public;
                            (ii) costs; and
                            (iii) statutory, regulatory, and policy 
                        barriers.
            (3) Initial phase.--
                    (A) In general.--Not later than December 31, 2020, 
                the head of each agency shall begin to transfer 
                electronic copies of records, including any metadata 
                related to a record, pursuant to paragraph (1)(B).
                    (B) Analog format deadline.--After December 31, 
                2020, each head of an agency may not transfer a copy of 
                a record that is in an analog format to a records 
                center maintained and operated by the Archivist.
            (4) Second phase.--Not later than December 31, 2022, each 
        head of an agency shall transfer--
                    (A) all copies of records to a records center 
                maintained and operated by the Archivist; and
                    (B) all copies of inactive and temporary records 
                exempt under paragraph (2)(C) to a Federal records 
                center or a commercial record storage facility.
    (b) Penalty to Federal Agencies.--If, during any fiscal year, an 
agency is not in compliance with the requirements of this section, 
during the corresponding period in the following fiscal year, the 
agency may not obligate discretionary appropriations at a rate higher 
than the rate of obligation for the applicable appropriations accounts 
during the period of noncompliance in the previous fiscal year.
    (c) Designation of Record Management Official.--
            (1) In general.--Section 3101 of title 44, United States 
        Code, is amended to read as follows:
``Sec. 3101. Records management by agency heads; general duties
    ``(a) In General.--The head of each Federal agency shall make and 
preserve records containing adequate and proper documentation of the 
organization, functions, policies, decisions, procedures, and essential 
transactions of the agency and designed to furnish the information 
necessary to protect the legal and financial rights of the Government 
and of persons directly affected by the agency's activities.
    ``(b) Designation of Record Management Official.--To carry out 
subsection (a), the head of each Federal agency shall designate a 
senior official--
            ``(1) whose position is at the Assistant Secretary-level or 
        equivalent;
            ``(2) who shall carry out the duties under subsection (c); 
        and
            ``(3) who has training in records management certified by 
        the Archivist to assist the official in carrying out the duties 
        under this subsection.
    ``(c) Duties of Record Management Official.--The duties of the 
senior official under subsection (b) shall include the following:
            ``(1) Train employees of the Federal agency on an annual 
        basis on--
                    ``(A) the responsibilities of each such employee 
                with respect to the management of a record; and
                    ``(B) the laws, regulations, and policies of the 
                agency with respect to the management of a record.
            ``(2) Ensure records under the control of such agency are 
        covered by a general records schedule that is approved by the 
        Archivist.
            ``(3) Ensure that each copy of a record transferred to a 
        records center maintained and operated by the Archivist is 
        transferred in accordance with any standard developed by the 
        Archivist.''.
            (2) Effective date.--The amendments made by this section 
        shall take effect on December 30, 2020.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given to 
        that term under section 3502 of title 44, United States Code.
            (2) Covered entity.--The term ``covered entity'' means the 
        following:
                    (A) The Department of Agriculture.
                    (B) The Department of Commerce.
                    (C) The Department of Education.
                    (D) The Department of Energy.
                    (E) The Department of Health and Human Services.
                    (F) The Department of Housing and Urban 
                Development.
                    (G) The Department of the Interior.
                    (H) The Department of Labor.
                    (I) The Department of State.
                    (J) The Department of Transportation.
                    (K) The Department of the Treasury.
                    (L) The Department of Veterans Affairs.
                    (M) The Social Security Administration.
                    (N) The Small Business Administration.
                    (O) The Environmental Protection Agency.
                    (P) The National Aeronautics and Space 
                Administration.
                    (Q) The Agency for International Development.
                    (R) The Nuclear Regulatory Commission.
                    (S) The Office of Personnel Management.
                    (T) The National Science Foundation.
            (3) Information technology.--The term ``information 
        technology'' has the meaning given to that term under section 
        11101 of title 40, United States Code.
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