SMART Government Act

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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Sensible Management 4 of Archives, Records, and Technologies Government Act’’ 5 or the ‘‘SMART Government Act’’. 6 SEC. 2. INCREASED MANAGEMENT OF DATA CENTERS AND 7 INVENTORY OF SOFTWARE. 8 (a) DATA CENTER CONSOLIDATION AND OPTIMIZA- 9 TION.— 10 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 2 •HR 7949 IH (1) STRATEGIC PLAN.—Not later than 6 1 months after the date of the enactment of this Act, 2 the chief information officer of each agency shall de- 3 velop and publish a strategic plan to consolidate and 4 optimize data centers at the agency. The strategic 5 plan shall include the following: 6 (A) Annual metrics to consolidate and op- 7 timize data center locations. 8 (B) An estimation of the annual costs re- 9 lated to the development and operation of data 10 centers at the agency. 11 (C) An estimation of the annual savings 12 related to implementing the strategic plan. 13 (2) ANNUAL UPDATE.—The chief information 14 officer of each agency shall annually update the plan 15 described in paragraph (1). 16 (3) CERTIFICATION.—Not later than 9 months 17 after the date of the enactment of this Act, and an- 18 nually thereafter, the inspector general of each agen- 19 cy shall submit to Congress a certification that the 20 agency has taken action to achieve the annual 21 metrics described in paragraph (1)(A). 22 (4) REPORT.—Not later than 9 months after 23 the date of the enactment of this Act, and annually 24 thereafter, the head of each agency shall submit to 25 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 3 •HR 7949 IH Congress and the Director of the Office of Manage- 1 ment and Budget a report that includes— 2 (A) the certification described in para- 3 graph (3); 4 (B) if applicable, the reason that an an- 5 nual metric under paragraph (1)(A) was not 6 met in the previous fiscal year; 7 (C) the annual costs related to the develop- 8 ment and operation of data centers at each 9 agency, including any cost related to imple- 10 menting the strategic plan described in para- 11 graph (1); and 12 (D) the annual savings related to imple- 13 menting the strategic plan. 14 (b) SOFTWARE ASSET MANAGEMENT.—Not later 15 than 6 months after the date of the enactment of this Act, 16 the chief information officer of a covered entity shall in- 17 ventory software applications used in the information tech- 18 nology systems of the covered entity. With respect to each 19 application, the inventory shall include the following: 20 (1) Name. 21 (2) Description. 22 (3) Type. 23 (4) Owner. 24 (5) Support function. 25 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 4 •HR 7949 IH (c) COMPLIANCE.— 1 (1) IN GENERAL.—Notwithstanding any other 2 provision of law, including section 5318 of title 5, 3 United States Code, any chief information officer of 4 an agency that does not meet the requirements 5 under subsection (a)(1), (a)(2), or (b) may not re- 6 ceive an increase in the rate of pay until such re- 7 quirements are met. 8 (2) ENFORCEMENT.—The head of the applica- 9 ble agency shall ensure that the chief information of- 10 ficer described in paragraph (1) meets the provisions 11 under this subsection. 12 SEC. 3. TRANSFER OF COPIES OF FEDERAL RECORDS. 13 (a) TRANSFER.— 14 (1) IN GENERAL.—The head of each agency, in 15 coordination with the Archivist of the United States, 16 shall, to the extent practicable and in accordance 17 with this section— 18 (A) create copies of all records controlled 19 by the agency; and 20 (B) transfer such copies to a records cen- 21 ter maintained and operated by the Archivist. 22 (2) STANDARDS AND GUIDELINES.—Not later 23 than September 30, 2020, the Archivist shall— 24 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 5 •HR 7949 IH (A) develop standards for the heads of 1 each agency to create copies of records under 2 paragraph (1)(A), including standards with re- 3 spect to determining whether the record from 4 which the copy was created is inactive, tem- 5 porary, or permanent; 6 (B) develop guidelines for the heads of 7 each agency to— 8 (i) store metadata with respect to cop- 9 ies of records under paragraph (1)(A); and 10 (ii) transfer such copies pursuant to 11 paragraph (1)(B); and 12 (C) make exemptions to the standards de- 13 veloped pursuant to subparagraph (A), taking 14 into consideration— 15 (i) any burden to the public; 16 (ii) costs; and 17 (iii) statutory, regulatory, and policy 18 barriers. 19 (3) INITIAL PHASE.— 20 (A) IN GENERAL.—Not later than Decem- 21 ber 31, 2020, the head of each agency shall 22 begin to transfer electronic copies of records, 23 including any metadata related to a record, 24 pursuant to paragraph (1)(B). 25 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 6 •HR 7949 IH (B) ANALOG FORMAT DEADLINE.—After 1 December 31, 2020, each head of an agency 2 may not transfer a copy of a record that is in 3 an analog format to a records center main- 4 tained and operated by the Archivist. 5 (4) SECOND PHASE.—Not later than December 6 31, 2022, each head of an agency shall transfer— 7 (A) all copies of records to a records center 8 maintained and operated by the Archivist; and 9 (B) all copies of inactive and temporary 10 records exempt under paragraph (2)(C) to a 11 Federal records center or a commercial record 12 storage facility. 13 (b) PENALTY TO FEDERAL AGENCIES.—If, during 14 any fiscal year, an agency is not in compliance with the 15 requirements of this section, during the corresponding pe- 16 riod in the following fiscal year, the agency may not obli- 17 gate discretionary appropriations at a rate higher than the 18 rate of obligation for the applicable appropriations ac- 19 counts during the period of noncompliance in the previous 20 fiscal year. 21 (c) DESIGNATION OF RECORD MANAGEMENT OFFI- 22 CIAL.— 23 (1) IN GENERAL.—Section 3101 of title 44, 24 United States Code, is amended to read as follows: 25 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 7 •HR 7949 IH ‘‘§ 3101. Records management by agency heads; gen- 1 eral duties 2 ‘‘(a) IN GENERAL.—The head of each Federal agency 3 shall make and preserve records containing adequate and 4 proper documentation of the organization, functions, poli- 5 cies, decisions, procedures, and essential transactions of 6 the agency and designed to furnish the information nec- 7 essary to protect the legal and financial rights of the Gov- 8 ernment and of persons directly affected by the agency’s 9 activities. 10 ‘‘(b) DESIGNATION OF RECORD MANAGEMENT OFFI- 11 CIAL.—To carry out subsection (a), the head of each Fed- 12 eral agency shall designate a senior official— 13 ‘‘(1) whose position is at the Assistant Sec- 14 retary-level or equivalent; 15 ‘‘(2) who shall carry out the duties under sub- 16 section (c); and 17 ‘‘(3) who has training in records management 18 certified by the Archivist to assist the official in car- 19 rying out the duties under this subsection. 20 ‘‘(c) DUTIES OF RECORD MANAGEMENT OFFICIAL.— 21 The duties of the senior official under subsection (b) shall 22 include the following: 23 ‘‘(1) Train employees of the Federal agency on 24 an annual basis on— 25 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 8 •HR 7949 IH ‘‘(A) the responsibilities of each such em- 1 ployee with respect to the management of a 2 record; and 3 ‘‘(B) the laws, regulations, and policies of 4 the agency with respect to the management of 5 a record. 6 ‘‘(2) Ensure records under the control of such 7 agency are covered by a general records schedule 8 that is approved by the Archivist. 9 ‘‘(3) Ensure that each copy of a record trans- 10 ferred to a records center maintained and operated 11 by the Archivist is transferred in accordance with 12 any standard developed by the Archivist.’’. 13 (2) EFFECTIVE DATE.—The amendments made 14 by this section shall take effect on December 30, 15 2020. 16 SEC. 4. DEFINITIONS. 17 In this Act: 18 (1) AGENCY.—The term ‘‘agency’’ has the 19 meaning given to that term under section 3502 of 20 title 44, United States Code. 21 (2) COVERED ENTITY.—The term ‘‘covered en- 22 tity’’ means the following: 23 (A) The Department of Agriculture. 24 (B) The Department of Commerce. 25 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 9 •HR 7949 IH (C) The Department of Education. 1 (D) The Department of Energy. 2 (E) The Department of Health and 3 Human Services. 4 (F) The Department of Housing and 5 Urban Development. 6 (G) The Department of the Interior. 7 (H) The Department of Labor. 8 (I) The Department of State. 9 (J) The Department of Transportation. 10 (K) The Department of the Treasury. 11 (L) The Department of Veterans Affairs. 12 (M) The Social Security Administration. 13 (N) The Small Business Administration. 14 (O) The Environmental Protection Agency. 15 (P) The National Aeronautics and Space 16 Administration. 17 (Q) The Agency for International Develop- 18 ment. 19 (R) The Nuclear Regulatory Commission. 20 (S) The Office of Personnel Management. 21 (T) The National Science Foundation. 22 (3) INFORMATION TECHNOLOGY.—The term 23 ‘‘information technology’’ has the meaning given to 24 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 10 •HR 7949 IH that term under section 11101 of title 40, United 1 States Code. 2 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