[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4867 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4867

  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

                             July 30, 2021

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 ``Data Centers and Government Records 
Oversight Act''.

SEC. 2. INCREASED MANAGEMENT OF DATA CENTERS.

    (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) Metrics to consolidate and optimize data center 
                locations or transition to the cloud.
                    (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) Two year update.--Not later than 2 years after the date 
        on which the plan is published pursuant to paragraph (1), the 
        chief information officer of each agency shall update such 
        plan.
            (3) Certification.--Not later than 9 months after the date 
        of the enactment of this Act, and 2 years thereafter, the 
        inspector general of each agency shall submit to Congress a 
        certification that describes whether the agency has taken 
        action to achieve the annual metrics described in paragraph 
        (1)(A).
            (4) Report.--Not later than 2 years after the date of the 
        enactment of this Act, and 2 years 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 previously met;
                    (C) the 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 savings related to implementing the 
                strategic plan.
    (b) 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 paragraph (1) or (2) of subsection (a) may 
        not receive any 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.
    (c) Agency Defined.--In this section, the term ``agency'' has the 
meaning given to that term under section 3502 of title 44, United 
States Code.

SEC. 3. RECORDS MANAGEMENT BY FEDERAL AGENCIES.

    (a) Transfer of Records.--Section 3103 of title 44, United States 
Code, is amended--
            (1) by striking ``When'' and inserting ``(a) In General. 
        When''; and
            (2) by adding at the end the following new subsections:
    ``(b) Transfer.--
            ``(1) In general.--The head of each Federal 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 Federal agency; and
                    ``(B) transfer such copies to a records center 
                maintained and operated by the Archivist.
            ``(2) Standards and guidelines.--Not later than 3 months 
        after the date of the enactment of this subsection, the 
        Archivist shall--
                    ``(A) develop standards for the heads of each 
                Federal 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 
                Federal 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 6 months after 
                the date of the enactment of this Act, the head of each 
                Federal 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 the date on 
                which the records have begun to be transferred pursuant 
                to subparagraph (A) the head of each Federal 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 2 years after the date 
        on which the records have begun to be transferred pursuant to 
        subparagraph (A), the head of each Federal 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.
    ``(c) Penalty to Federal Agencies.--If, during any fiscal year, a 
Federal agency is not in compliance with the requirements of this 
section, during the corresponding period in the following fiscal year, 
the Federal 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.''.
    (b) Designation of Record Management Official.--
            (1) Amendments.--Section 3101 of title 44, United States 
        Code, is amended--
                    (A) by striking ``The head'' and inserting ``(a) In 
                General. The head''; and
                    (B) by adding at the end the following new 
                subsections:
    ``(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) Applicability.--The amendments made by this subsection 
        shall take effect 6 months after the date of the enactment of 
        this Act.
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