I 117th CONGRESS 1st Session H. R. 4867 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.

1. Short title This Act may be cited as the Data Centers and Government Records Oversight Act . 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. 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.