[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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