I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sensible Management 

5 of Archives, Records, and Technologies Government Act’’ 

6 or the ‘‘SMART Government Act’’. 

7 SEC. 2. INCREASED MANAGEMENT OF DATA CENTERS AND 

8 INVENTORY OF SOFTWARE. 

9 (a) DATA CENTER CONSOLIDATION AND OPTIMIZA10 TION.— 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 7949 IH

1 (1) STRATEGIC PLAN.—Not later than 6 

2 months after the date of the enactment of this Act, 

3 the chief information officer of each agency shall de4 velop and publish a strategic plan to consolidate and 

5 optimize data centers at the agency. The strategic 

6 plan shall include the following: 

7 (A) Annual metrics to consolidate and op8 timize data center locations. 

9 (B) An estimation of the annual costs re10 lated to the development and operation of data 

11 centers at the agency. 

12 (C) An estimation of the annual savings 

13 related to implementing the strategic plan. 

14 (2) ANNUAL UPDATE.—The chief information 

15 officer of each agency shall annually update the plan 

16 described in paragraph (1). 

17 (3) CERTIFICATION.—Not later than 9 months 

18 after the date of the enactment of this Act, and an19 nually thereafter, the inspector general of each agen20 cy shall submit to Congress a certification that the 

21 agency has taken action to achieve the annual 

22 metrics described in paragraph (1)(A). 

23 (4) REPORT.—Not later than 9 months after 

24 the date of the enactment of this Act, and annually 

25 thereafter, the head of each agency shall submit to 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 7949 IH

1 Congress and the Director of the Office of Manage2 ment and Budget a report that includes— 

3 (A) the certification described in para4 graph (3); 

5 (B) if applicable, the reason that an an6 nual metric under paragraph (1)(A) was not 

7 met in the previous fiscal year; 

8 (C) the annual costs related to the develop9 ment and operation of data centers at each 

10 agency, including any cost related to imple11 menting the strategic plan described in para12 graph (1); and 

13 (D) the annual savings related to imple14 menting the strategic plan. 

15 (b) SOFTWARE ASSET MANAGEMENT.—Not later 

16 than 6 months after the date of the enactment of this Act, 

17 the chief information officer of a covered entity shall in18 ventory software applications used in the information tech19 nology systems of the covered entity. With respect to each 

20 application, the inventory shall include the following: 

21 (1) Name. 

22 (2) Description. 

23 (3) Type. 

24 (4) Owner. 

25 (5) Support function. 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 7949 IH

1 (c) COMPLIANCE.— 

2 (1) IN GENERAL.—Notwithstanding any other 

3 provision of law, including section 5318 of title 5, 

4 United States Code, any chief information officer of 

5 an agency that does not meet the requirements 

6 under subsection (a)(1), (a)(2), or (b) may not re7 ceive an increase in the rate of pay until such re8 quirements are met. 

9 (2) ENFORCEMENT.—The head of the applica10 ble agency shall ensure that the chief information of11 ficer described in paragraph (1) meets the provisions 

12 under this subsection. 

13 SEC. 3. TRANSFER OF COPIES OF FEDERAL RECORDS. 

14 (a) TRANSFER.— 

15 (1) IN GENERAL.—The head of each agency, in 

16 coordination with the Archivist of the United States, 

17 shall, to the extent practicable and in accordance 

18 with this section— 

19 (A) create copies of all records controlled 

20 by the agency; and 

21 (B) transfer such copies to a records cen22 ter maintained and operated by the Archivist. 

23 (2) STANDARDS AND GUIDELINES.—Not later 

24 than September 30, 2020, the Archivist shall— 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 7949 IH

1 (A) develop standards for the heads of 

2 each agency to create copies of records under 

3 paragraph (1)(A), including standards with re4 spect to determining whether the record from 

5 which the copy was created is inactive, tem6 porary, or permanent; 

7 (B) develop guidelines for the heads of 

8 each agency to— 

9 (i) store metadata with respect to cop10 ies of records under paragraph (1)(A); and 

11 (ii) transfer such copies pursuant to 

12 paragraph (1)(B); and 

13 (C) make exemptions to the standards de14 veloped pursuant to subparagraph (A), taking 

15 into consideration— 

16 (i) any burden to the public; 

17 (ii) costs; and 

18 (iii) statutory, regulatory, and policy 

19 barriers. 

20 (3) INITIAL PHASE.— 

21 (A) IN GENERAL.—Not later than Decem22 ber 31, 2020, the head of each agency shall 

23 begin to transfer electronic copies of records, 

24 including any metadata related to a record, 

25 pursuant to paragraph (1)(B). 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•HR 7949 IH

1 (B) ANALOG FORMAT DEADLINE.—After 

2 December 31, 2020, each head of an agency 

3 may not transfer a copy of a record that is in 

4 an analog format to a records center main5 tained and operated by the Archivist. 

6 (4) SECOND PHASE.—Not later than December 

7 31, 2022, each head of an agency shall transfer— 

8 (A) all copies of records to a records center 

9 maintained and operated by the Archivist; and 

10 (B) all copies of inactive and temporary 

11 records exempt under paragraph (2)(C) to a 

12 Federal records center or a commercial record 

13 storage facility. 

14 (b) PENALTY TO FEDERAL AGENCIES.—If, during 

15 any fiscal year, an agency is not in compliance with the 

16 requirements of this section, during the corresponding pe17 riod in the following fiscal year, the agency may not obli18 gate discretionary appropriations at a rate higher than the 

19 rate of obligation for the applicable appropriations ac20 counts during the period of noncompliance in the previous 

21 fiscal year. 

22 (c) DESIGNATION OF RECORD MANAGEMENT OFFI23 CIAL.— 

24 (1) IN GENERAL.—Section 3101 of title 44, 

25 United States Code, is amended to read as follows: 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•HR 7949 IH

1 ‘‘§ 3101. Records management by agency heads; gen2 eral duties 

3 ‘‘(a) IN GENERAL.—The head of each Federal agency 

4 shall make and preserve records containing adequate and 

5 proper documentation of the organization, functions, poli6 cies, decisions, procedures, and essential transactions of 

7 the agency and designed to furnish the information nec8 essary to protect the legal and financial rights of the Gov9 ernment and of persons directly affected by the agency’s 

10 activities. 

11 ‘‘(b) DESIGNATION OF RECORD MANAGEMENT OFFI12 CIAL.—To carry out subsection (a), the head of each Fed13 eral agency shall designate a senior official— 

14 ‘‘(1) whose position is at the Assistant Sec15 retary-level or equivalent; 

16 ‘‘(2) who shall carry out the duties under sub17 section (c); and 

18 ‘‘(3) who has training in records management 

19 certified by the Archivist to assist the official in car20 rying out the duties under this subsection. 

21 ‘‘(c) DUTIES OF RECORD MANAGEMENT OFFICIAL.— 

22 The duties of the senior official under subsection (b) shall 

23 include the following: 

24 ‘‘(1) Train employees of the Federal agency on 

25 an annual basis on— 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•HR 7949 IH

1 ‘‘(A) the responsibilities of each such em2 ployee with respect to the management of a 

3 record; and 

4 ‘‘(B) the laws, regulations, and policies of 

5 the agency with respect to the management of 

6 a record. 

7 ‘‘(2) Ensure records under the control of such 

8 agency are covered by a general records schedule 

9 that is approved by the Archivist. 

10 ‘‘(3) Ensure that each copy of a record trans11 ferred to a records center maintained and operated 

12 by the Archivist is transferred in accordance with 

13 any standard developed by the Archivist.’’. 

14 (2) EFFECTIVE DATE.—The amendments made 

15 by this section shall take effect on December 30, 

16 2020. 

17 SEC. 4. DEFINITIONS. 

18 In this Act: 

19 (1) AGENCY.—The term ‘‘agency’’ has the 

20 meaning given to that term under section 3502 of 

21 title 44, United States Code. 

22 (2) COVERED ENTITY.—The term ‘‘covered en23 tity’’ means the following: 

24 (A) The Department of Agriculture. 

25 (B) The Department of Commerce. 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•HR 7949 IH

1 (C) The Department of Education. 

2 (D) The Department of Energy. 

3 (E) The Department of Health and 

4 Human Services. 

5 (F) The Department of Housing and 

6 Urban Development. 

7 (G) The Department of the Interior. 

8 (H) The Department of Labor. 

9 (I) The Department of State. 

10 (J) The Department of Transportation. 

11 (K) The Department of the Treasury. 

12 (L) The Department of Veterans Affairs. 

13 (M) The Social Security Administration. 

14 (N) The Small Business Administration. 

15 (O) The Environmental Protection Agency. 

16 (P) The National Aeronautics and Space 

17 Administration. 

18 (Q) The Agency for International Develop19 ment. 

20 (R) The Nuclear Regulatory Commission. 

21 (S) The Office of Personnel Management. 

22 (T) The National Science Foundation. 

23 (3) INFORMATION TECHNOLOGY.—The term 

24 ‘‘information technology’’ has the meaning given to 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•HR 7949 IH

1 that term under section 11101 of title 40, United 

2 States Code. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS