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. 
Be it enacted by the Senate and House of Representa-
tives 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 OPTIMIZA-
TION.— 
VerDate Sep 11 2014 
01:42 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7949.IH
H7949
pamtmann on DSKBC07HB2PROD with BILLS
(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 de-
velop 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 op-
timize data center locations. 
(B) An estimation of the annual costs re-
lated 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 an-
nually thereafter, the inspector general of each agen-
cy 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 
VerDate Sep 11 2014 
01:42 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7949.IH
H7949
pamtmann on DSKBC07HB2PROD with BILLS
Congress and the Director of the Office of Manage-
ment and Budget a report that includes— 
(A) the certification described in para-
graph (3); 
(B) if applicable, the reason that an an-
nual metric under paragraph (1)(A) was not 
met in the previous fiscal year; 
(C) the annual costs related to the develop-
ment and operation of data centers at each 
agency, including any cost related to imple-
menting the strategic plan described in para-
graph (1); and 
(D) the annual savings related to imple-
menting 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 in-
ventory software applications used in the information tech-
nology 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. 
VerDate Sep 11 2014 
01:42 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7949.IH
H7949
pamtmann on DSKBC07HB2PROD with BILLS
(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 re-
ceive an increase in the rate of pay until such re-
quirements are met. 
(2) ENFORCEMENT.—The head of the applica-
ble agency shall ensure that the chief information of-
ficer 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 cen-
ter maintained and operated by the Archivist. 
(2) STANDARDS AND GUIDELINES.—Not later 
than September 30, 2020, the Archivist shall— 
VerDate Sep 11 2014 
01:42 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7949.IH
H7949
pamtmann on DSKBC07HB2PROD with BILLS
(A) develop standards for the heads of 
each agency to create copies of records under 
paragraph (1)(A), including standards with re-
spect to determining whether the record from 
which the copy was created is inactive, tem-
porary, or permanent; 
(B) develop guidelines for the heads of 
each agency to— 
(i) store metadata with respect to cop-
ies of records under paragraph (1)(A); and 
(ii) transfer such copies pursuant to 
paragraph (1)(B); and 
(C) make exemptions to the standards de-
veloped 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 Decem-
ber 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). 
VerDate Sep 11 2014 
01:42 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7949.IH
H7949
pamtmann on DSKBC07HB2PROD with BILLS
(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 main-
tained 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 pe-
riod in the following fiscal year, the agency may not obli-
gate discretionary appropriations at a rate higher than the 
rate of obligation for the applicable appropriations ac-
counts during the period of noncompliance in the previous 
fiscal year. 
(c) DESIGNATION OF RECORD MANAGEMENT OFFI-
CIAL.— 
(1) IN
GENERAL.—Section 3101 of title 44, 
United States Code, is amended to read as follows: 
VerDate Sep 11 2014 
01:42 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H7949.IH
H7949
pamtmann on DSKBC07HB2PROD with BILLS
‘‘§ 3101. Records management by agency heads; gen-
eral duties 
‘‘(a) IN GENERAL.—The head of each Federal agency 
shall make and preserve records containing adequate and 
proper documentation of the organization, functions, poli-
cies, decisions, procedures, and essential transactions of 
the agency and designed to furnish the information nec-
essary to protect the legal and financial rights of the Gov-
ernment and of persons directly affected by the agency’s 
activities. 
‘‘(b) DESIGNATION OF RECORD MANAGEMENT OFFI-
CIAL.—To carry out subsection (a), the head of each Fed-
eral agency shall designate a senior official— 
‘‘(1) whose position is at the Assistant Sec-
retary-level or equivalent; 
‘‘(2) who shall carry out the duties under sub-
section (c); and 
‘‘(3) who has training in records management 
certified by the Archivist to assist the official in car-
rying 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— 
VerDate Sep 11 2014 
01:42 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H7949.IH
H7949
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(A) the responsibilities of each such em-
ployee 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 trans-
ferred 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 en-
tity’’ means the following: 
(A) The Department of Agriculture. 
(B) The Department of Commerce. 
VerDate Sep 11 2014 
01:42 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H7949.IH
H7949
pamtmann on DSKBC07HB2PROD with BILLS
(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 Develop-
ment. 
(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 
VerDate Sep 11 2014 
01:42 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H7949.IH
H7949
pamtmann on DSKBC07HB2PROD with BILLS
that term under section 11101 of title 40, United 
States Code. 
Æ 
VerDate Sep 11 2014 
01:42 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6301
E:\BILLS\H7949.IH
H7949
pamtmann on DSKBC07HB2PROD with BILLS