II 

118TH CONGRESS 

2D SESSION S. 4042 

To amend title 44, United States Code, to reform the management of Federal 

records, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 21, 2024 

Mr. PETERS (for himself and Mr. CORNYN) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend title 44, United States Code, to reform the 

management of Federal records, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Strengthening Oversight of Federal Records Act of 

6 2024’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—FEDERAL RECORDS REFORM 


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Sec. 101. Preservation of Federal electronic records. 

Sec. 102. Whistleblower protections. 

Sec. 103. Preservation of electronic messages of certain officials. 

Sec. 104. Proactive disclosure of records retention schedules. 

Sec. 105. Certification regarding preservation of records. 

TITLE II—ADDITIONAL REFORMS TO PRESERVE AND PROTECT 

RECORDS AND GOVERNMENT INTEGRITY 

Sec. 201. Unlawful removal, destruction of records. 

Sec. 202. Records management incorporation into performance plans. 

Sec. 203. Establishment of an Advisory Committee on Records Automation. 

Sec. 204. Regulations. 

1 TITLE I—FEDERAL RECORDS 

2 REFORM 

3 SEC. 101. PRESERVATION OF FEDERAL ELECTRONIC 

4 RECORDS. 

5 (a) PRESERVATION OF AGENCY ELECTRONIC

6 RECORDS.—Section 2911 of title 44, United States Code, 

7 is amended— 

8 (1) by striking subsection (a) and inserting the 

9 following: 

10 ‘‘(a) IN GENERAL.—An officer or employee of an ex11 ecutive agency shall not— 

12 ‘‘(1) destroy or delete any record created, sent, 

13 or received using a non-official electronic messaging 

14 account, including through any automatic mecha15 nism, unless the record has been copied or forwarded 

16 to an official electronic messaging account of officer 

17 or employee; or 

18 ‘‘(2) create, receive, or send a record using a 

19 non-official electronic messaging account unless— 


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1 ‘‘(A) the policies and procedures of the ex2 ecutive agency authorize such use by the officer 

3 or employee; 

4 ‘‘(B) the account is subject to records 

5 management controls to create and preserve 

6 readable records; and 

7 ‘‘(C) the officer or employee— 

8 ‘‘(i) copies an official electronic mes9 saging account of the officer or employee 

10 in the original creation or transmission of 

11 the record; or 

12 ‘‘(ii) forwards a complete copy of the 

13 record to an official electronic messaging 

14 account of the officer or employee not later 

15 than 20 days after the original creation or 

16 transmission of the record.’’; 

17 (2) in subsection (b), by inserting ‘‘, unless the 

18 violation involves a disclosure, as defined in section 

19 2302(a)(2) of title 5’’ before the period at the end; 

20 and 

21 (3) in subsection (c)(1), by inserting ‘‘, includ22 ing social media and digital applications and plat23 forms,’’ after ‘‘messaging systems’’. 

24 (b) SAFEGUARDS.—Section 3105 of title 44, United 

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1 graph (1), by striking ‘‘against’’ and inserting ‘‘to ensure 

2 the adequate and proper documentation of the organiza3 tion, functions, policies, decisions, procedures, and essen4 tial transactions of the Federal agency and to prevent’’. 

5 (c) DEFINITIONS.—Section 2901 of title 44, United 

6 States Code, is amended— 

7 (1) in paragraph (15), by striking ‘‘and’’ at the 

8 end; 

9 (2) in paragraph (16)(D), by striking the period 

10 at the end and inserting a semicolon; and 

11 (3) by adding at the end the following: 

12 ‘‘(17) the term ‘complete copy’ means a copy of 

13 all of the contents of a record, including the 

14 metadata with respect to the record; and 

15 ‘‘(18) the term ‘readable’ means media that is 

16 retrievable and usable for as long as needed to con17 duct Government business and to transfer perma18 nent email records to the National Archives and 

19 Records Administration.’’. 

20 SEC. 102. WHISTLEBLOWER PROTECTIONS. 

21 (a) DEFINITIONS.—In this section the term ‘‘whistle22 blower protections’’ has the meaning given that term in 

23 section 2302(c)(1) of title 5, United States Code. 

24 (b) WHISTLEBLOWER PROTECTIONS.—Nothing in 

25 section 2911(a)(2) of title 44, United States Code, as 


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1 amended by section 101, shall prevent or impair an officer 

2 or employee of an executive agency from receiving whistle3 blower protections. 

4 SEC. 103. PRESERVATION OF ELECTRONIC MESSAGES OF 

5 CERTAIN OFFICIALS. 

6 (a) IN GENERAL.—Chapter 29 of title 44, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 2913. Preservation of electronic messages of cer10 tain officials 

11 ‘‘(a) REGULATIONS REQUIRED.— 

12 ‘‘(1) IN GENERAL.—The Archivist shall promul13 gate regulations governing Federal agency preserva14 tion of electronic messages of employees, which shall, 

15 at a minimum— 

16 ‘‘(A) require that the electronic messages 

17 of senior officers or senior employees of Federal 

18 agencies be designated as a permanent record, 

19 as defined in section 1220.18 of title 36, Code 

20 of Federal Regulations, or any successor there21 to; 

22 ‘‘(B) require that the electronic messages 

23 of senior officers or senior employees— 

24 ‘‘(i) be stored in accordance with 

25 guidelines prescribed by the Archivist; and 


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1 ‘‘(ii) are readily accessible for retrieval 

2 through electronic searches; 

3 ‘‘(C) establish general categories of posi4 tions in Federal agencies that constitute senior 

5 officers and employees; and 

6 ‘‘(D) allow for the culling of transitory 

7 messages, messages that are not records, and 

8 personal messages as appropriate. 

9 ‘‘(2) SCOPE.—The regulations promulgated 

10 under paragraph (1) shall, at a minimum, apply to 

11 electronic messages of— 

12 ‘‘(A) the head of each Federal agency; 

13 ‘‘(B) the principal assistant to the head of 

14 each Federal agency, including a member of the 

15 Armed Forces serving in a comparable position; 

16 ‘‘(C) an officer or employee serving as a 

17 deputy, or equivalent position, of an officer, em18 ployee, or member described in subparagraph 

19 (A) or (B); 

20 ‘‘(D) an employee serving as a staff assist21 ant to an officer, employee, or member de22 scribed in subparagraph (A) or (B), including a 

23 special assistant, confidential assistant, military 

24 assistant, and aide; 


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1 ‘‘(E) an officer or employee serving in a 

2 principal management position at a Federal 

3 agency, including the Chief Operating Officer, 

4 the Chief Information Officer, the Chief Knowl5 edge Officer, the Chief Technology Officer, the 

6 Chief Financial Officer, and an equivalent of 

7 such an officer; 

8 ‘‘(F) the director, or equivalent position, of 

9 a significant program office of a Federal agen10 cy; 

11 ‘‘(G) a principal regional officer of a Fed12 eral agency, including a regional administrator, 

13 or equivalent position; 

14 ‘‘(H) an officer or employee serving in a 

15 position that routinely provide advice to or over16 sight of a Federal agency, including advice to 

17 or oversight of the activities of an officer, em18 ployee, or member described in subparagraph 

19 (A), (B), (C), (E), (F), or (G), including an of20 ficer or employee serving as a general counsel, 

21 chief of staff, or inspector general; 

22 ‘‘(I) an officer or employee appointed by 

23 the President, by and with the advice and con24 sent of the Senate; 


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1 ‘‘(J) any other officer or employee serving 

2 in a position that predominantly creates perma3 nent records related to mission critical func4 tions or policy decisions of a Federal agency or 

5 that are of historical significance; and 

6 ‘‘(K) any officer or employee serving in a 

7 position described in subparagraph (A), (B), 

8 (C), (D), (E), (F), (G), (H), (I), or (J) in an 

9 acting capacity. 

10 ‘‘(b) AGENCY REPORT TO ARCHIVIST.— 

11 ‘‘(1) IN GENERAL.—Not later than the date 

12 specified in paragraph (2), and every 5 years there13 after, the head of each Federal agency shall submit 

14 to the Archivist a report on the compliance of the 

15 Federal agency with subsection (a), including statis16 tics on— 

17 ‘‘(A) the number of senior officers and sen18 ior employees of the Federal agency whose elec19 tronic messages are being stored as permanent 

20 records in accordance with guidelines prescribed 

21 by the Archivist; 

22 ‘‘(B) the volume of electronic messages of 

23 senior officers and senior employees of the Fed24 eral agency designated as a permanent record 

25 that are held by the Federal agency; and 


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1 ‘‘(C) the volume of total electronic mes2 sages of officers and employees of the Federal 

3 agency that are held by the Federal agency. 

4 ‘‘(2) DEADLINE FOR INITIAL REPORTS.—The 

5 date specified in this paragraph is the earlier of— 

6 ‘‘(A) the date that is 210 days after the 

7 date on which the Archivist promulgates regula8 tions under subsection (a); or 

9 ‘‘(B) the date that is 1 year after the date 

10 of enactment of this section. 

11 ‘‘(3) PUBLIC AVAILABILITY.—Not later than 30 

12 days after submitting a report required under para13 graph (1) to the Archivist, the head of a Federal 

14 agency shall make the report publicly available in an 

15 accessible electronic format on the website of the 

16 Federal agency.’’. 

17 (b) CONFORMING AMENDMENT.—The table of sec18 tions for chapter 29 of title 44, United States Code, is 

19 amended by adding at the end the following: 

‘‘2913. Preservation of electronic messages of senior officials.’’. 

20 SEC. 104. PROACTIVE DISCLOSURE OF RECORDS RETEN21 TION SCHEDULES. 

22 (a) PROACTIVE DISCLOSURE OF RECORDS RETEN23 TION SCHEDULES.—Section 3303 of title 44, United 

24 States Code, is amended— 


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1 (1) by striking ‘‘The head’’ and inserting ‘‘(a) 

2 The head’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(b)(1) For each list or schedule of records issued 

5 under subsection (a) that is approved by the Archivist, the 

6 Archivist shall— 

7 ‘‘(A) not later than 30 days after the date on 

8 which the Archivist approves the list or schedule, 

9 make the list or schedule available for public inspec10 tion; 

11 ‘‘(B) make available and maintain the list or 

12 schedule in an accessible electronic database on a 

13 website of the National Archives and Records Ad14 ministration, including the relevant crosswalk and 

15 appraisal memo; and 

16 ‘‘(C) ensure the list or schedule, and all related 

17 materials, are organized in such fashion as to— 

18 ‘‘(i) facilitate public understanding of the 

19 operations of the records management program 

20 of the Federal agency; and 

21 ‘‘(ii) assist the Archivist in cataloging dis22 position authorities. 

23 ‘‘(2) Not later than 60 days after the date of enact24 ment of the Strengthening Oversight of Federal Records 

25 Act of 2024, the head of each Federal agency shall submit 


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1 to the Archivist each list or schedule of records issued 

2 under subsection (a) before such date of enactment that 

3 is in effect on such date of enactment, and all related ma4 terials, for immediate publication in the database de5 scribed in paragraph (1). 

6 ‘‘(3) The database described in paragraph (1) shall 

7 be searchable and maintained as an open Government 

8 data asset, as defined in section 3502.’’. 

9 (b) REGULATION.—Section 3302 of title 44, United 

10 States Code, is amended— 

11 (1) in paragraph (1), by striking the comma at 

12 the end and inserting a semicolon; 

13 (2) in paragraph (2), by striking ‘‘, and’’ and 

14 inserting a semicolon; 

15 (3) in paragraph (3), by striking the period at 

16 the end and inserting ‘‘; and’’; and 

17 (4) by adding at the end the following: 

18 ‘‘(4) procedures and minimum standards of 

19 ease-of-use for public inspection and online mainte20 nance of lists, schedules, and related materials pur21 suant to section 3303(b).’’. 


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1 SEC. 105. CERTIFICATION REGARDING PRESERVATION OF 

2 RECORDS. 

3 (a) IN GENERAL.—Chapter 29 of title 44, United 

4 States Code, as amended by section 103, is amended by 

5 adding at the end the following: 

6 ‘‘§ 2914. Certification regarding preservation of 

7 records 

8 ‘‘The head of each Federal agency shall establish 

9 policies and procedures under which each employee of the 

10 Federal agency shall, prior to separating from service as 

11 an employee of the Federal agency, submit to the head 

12 of the Federal agency a certification indicating whether 

13 the employee has complied with the requirements under 

14 this chapter relating to the preservation of records.’’. 

15 (b) CONFORMING AMENDMENT.—The table of sec16 tions for chapter 29 of title 44, United States Code, as 

17 amended by section 103, is amended by adding at the end 

18 the following: 

‘‘2914. Certification regarding preservation of records.’’. 


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1 TITLE II—ADDITIONAL RE2 FORMS TO PRESERVE AND 

3 PROTECT RECORDS AND GOV4 ERNMENT INTEGRITY 

5 SEC. 201. UNLAWFUL REMOVAL, DESTRUCTION OF 

6 RECORDS. 

7 Section 3106 of title 44, United States Code, is 

8 amended— 

9 (1) by striking subsection (a) and inserting the 

10 following: 

11 ‘‘(a) FEDERAL AGENCY NOTIFICATION OF UNLAW12 FUL REMOVAL OR DESTRUCTION OF RECORDS.— 

13 ‘‘(1) IN GENERAL.—The head of each Federal 

14 agency shall notify the Archivist if the head of the 

15 Federal agency knows or has reason to believe that 

16 there is— 

17 ‘‘(A) any actual, impending, or threatened 

18 unlawful failure to create or removal, defacing, 

19 alteration, corruption, deletion, erasure, or 

20 other destruction of records in the custody of 

21 the Federal agency; or 

22 ‘‘(B) any other repeated non-compliance by 

23 any employee of the Federal agency with Fed24 eral record-keeping requirements that the head 


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1 of the Federal agency has been unable to fully 

2 address. 

3 ‘‘(2) REMEDY.—With the assistance of the Ar4 chivist, the head of each Federal agency shall ini5 tiate action through the Attorney General for— 

6 ‘‘(A) fully recovering or restoring records 

7 unlawfully removed from the Federal agency, 

8 including records of another Federal agency 

9 that have been transferred to the legal custody 

10 of that Federal agency, or that are defaced, al11 tered, corrupted, deleted, erased, or destroyed, 

12 to the extent practicable; and 

13 ‘‘(B) remedying any other repeated non14 compliance by any employee of the Federal 

15 agency with record-keeping requirements.’’; 

16 (2) in subsection (b), by striking ‘‘shall request 

17 the Attorney General’’ and all that follows and in18 serting the following: ‘‘shall— 

19 ‘‘(1) request the Attorney General to initiate 

20 such an action; 

21 ‘‘(2) notify the Committee on Homeland Secu22 rity and Governmental Affairs of the Senate and the 

23 Committee on Oversight and Accountability of the 

24 House of Representatives; 


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1 ‘‘(3) include with the notification under para2 graph (2) any relevant evidence, analysis, and sup3 porting documentation pertinent to the incident; and 

4 ‘‘(4) in coordination with the Attorney General, 

5 make regular updates to the committees specified in 

6 paragraph (2) on the status of efforts to remedy the 

7 unlawful action or noncompliance.’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(c) OTHER RECORDKEEPING VIOLATIONS.— 

10 ‘‘(1) IN GENERAL.—If the Archivist becomes 

11 aware of an alleged violation by an employee of a 

12 Federal agency of his or her recordkeeping obliga13 tions, the Archivist shall— 

14 ‘‘(A) notify the head of the Federal agency 

15 and coordinate with the Federal agency to de16 termine whether a violation took place; and 

17 ‘‘(B) subject to paragraph (2), refer the 

18 matter to the head of the Federal agency for 

19 corrective action, as necessary. 

20 ‘‘(2) AGENCIES WITH INSPECTORS GENERAL.— 

21 If the Archivist makes a referral described in para22 graph (1)(B) to a Federal agency that has an In23 spector General (as defined in section 401 of title 5), 

24 the Archivist shall make a joint referral to the head 


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1 of the Federal agency and to the Inspector General 

2 of the Federal agency.’’. 

3 SEC. 202. RECORDS MANAGEMENT INCORPORATION INTO 

4 PERFORMANCE PLANS. 

5 Section 4302 of title 5, United States Code, is 

6 amended— 

7 (1) by redesignating subsections (c) and (d) as 

8 subsections (d) and (e), respectively; and 

9 (2) by inserting after subsection (b) the fol10 lowing: 

11 ‘‘(c) The head of each agency, in consultation with 

12 the Director of the Office of Personnel Management and 

13 the Archivist of the United States, shall develop criteria 

14 that incorporates records management requirements that 

15 should be included in employees’ performance standards 

16 and reviews.’’. 

17 SEC. 203. ESTABLISHMENT OF AN ADVISORY COMMITTEE 

18 ON RECORDS AUTOMATION. 

19 (a) ESTABLISHMENT.—There is established within 

20 the National Archives and Records Administration an ad21 visory committee to be known as the ‘‘Advisory Committee 

22 on Records Automation’’ (in this section referred to as the 

23 ‘‘Advisory Committee’’). 

24 (b) PURPOSES.—The purposes of the Advisory Com25 mittee are— 


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1 (1) to encourage the efforts of the Government 

2 to manage records through greater use of automa3 tion to make electronic recordkeeping more efficient; 

4 (2) to encourage the efforts of the Government 

5 to more efficiently respond to access requests for 

6 records of executive agencies; 

7 (3) to issue recommendations relating to 

8 records automation, including on how the Govern9 ment should use automated software to— 

10 (A) automatically categorize records in 

11 connection with the issuance of records sched12 ules required under chapter 33 of title 44, 

13 United States Code; 

14 (B) search for responsive records; and 

15 (C) assist in determining whether records 

16 may be exempt from public disclosure; and 

17 (4) to receive expert advice from public and pri18 vate sector sources with respect to the use of auto19 mated software to make the management of and ac20 cess to records of executive agencies more efficient. 

21 (c) DUTIES.—The duties of the Advisory Committee 

22 include providing advice and recommendations to the Ar23 chivist of the United States (in this section referred to 

24 as the ‘‘Archivist’’) and agencies on strategic, technical, 


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1 financial, programmatic, and operational matters regard2 ing records automation. 

3 (d) MEMBERSHIP.— 

4 (1) COMPOSITION.—The Advisory Committee 

5 shall be composed of not more than 15 members 

6 from the public and private sectors as follows: 

7 (A) Three members shall be appointed by 

8 the Archivist, 1 of which shall be designated by 

9 the Archivist as the Chairperson of the Advi10 sory Committee. 

11 (B) Three members shall be appointed by 

12 the Director of the Office of Management and 

13 Budget. 

14 (C) One member shall be appointed by the 

15 Attorney General of the United States. 

16 (D) One member shall be appointed by the 

17 Administrator of General Services. 

18 (E) Additional members shall appointed by 

19 the Archivist, as determined appropriate by the 

20 Archivist, in consultation with the Director of 

21 the Office of Management and Budget. 

22 (2) PUBLIC SECTOR AND PRIVATE SECTOR BAL23 ANCE.—The Archivist shall ensure that the Advisory 

24 Committee maintain a balance between members 

25 from the public sector and from the private sector. 


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1 (3) DEADLINE FOR APPOINTMENT.—Each 

2 member of the Advisory Committee shall be ap3 pointed not later than 45 days after the date of en4 actment of this Act. 

5 (e) PERIOD OF APPOINTMENT; VACANCIES.— 

6 (1) IN GENERAL.—A member of the Advisory 

7 Committee shall be appointed for the life of the 

8 Committee. 

9 (2) VACANCIES.—A vacancy in the Advisory 

10 Committee— 

11 (A) shall not affect the powers of the Advi12 sory Committee; and 

13 (B) shall be filled in the same manner as 

14 the original appointment. 

15 (f) MEETINGS.— 

16 (1) INITIAL MEETING.—Not later than 60 days 

17 after the date on which all members of the Advisory 

18 Committee have been appointed, the Advisory Com19 mittee shall hold the first meeting of the Advisory 

20 Committee. 

21 (2) FREQUENCY.—The Advisory Committee 

22 shall meet at the call of the Chairperson, but not 

23 less frequently than 3 times per year, at such time 

24 and place as determined by the Chairperson. 


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1 (3) QUORUM.—A majority of the members of 

2 the Advisory Committee shall constitute a quorum, 

3 but a lesser number of members may hold hearings. 

4 (4) RULES OF PROCEDURE.—The Advisory 

5 Committee may establish rules for the conduct of 

6 the business of the Advisory Committee if such rules 

7 are not inconsistent with this section or other appli8 cable law. 

9 (g) REPORTS.— 

10 (1) IN GENERAL.—Not later than 2 years after 

11 the date of enactment of this Act, the Advisory 

12 Committee shall submit to the Archivist, the Com13 mittee on Homeland Security and Governmental Af14 fairs of the Senate, and the Committee on Oversight 

15 and Accountability of the House of Representatives 

16 a report providing a detailed statement of the find17 ings and conclusions of the Advisory Committee, to18 gether with any recommendations of the Advisory 

19 Committee for legislation or administrative actions. 

20 (2) INTERIM REPORTS.—The Advisory Com21 mittee may submit to the Archivist, the Committee 

22 on Homeland Security and Governmental Affairs of 

23 the Senate, and the Committee on Oversight and Ac24 countability of the House of Representatives interim 

25 reports regarding the activities and findings of the 


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1 Advisory Committee, as determined appropriate by 

2 the Advisory Committee. 

3 (h) POWERS.— 

4 (1) INFORMATION FROM FEDERAL AGENCIES.— 

5 The Advisory Committee may secure directly from a 

6 Federal department or agency such information as 

7 the Advisory Committee considers necessary to carry 

8 out this section, consistent with the protection of 

9 classified national security information and statu10 torily protected information. 

11 (2) POSTAL SERVICES.—The Advisory Com12 mittee may use the United States mails in the same 

13 manner and under the same conditions as other de14 partments and agencies of the Federal Government. 

15 (3) DONATIONS.—The Advisory Committee may 

16 accept, use, and dispose of donations of services or 

17 property. 

18 (i) ADVISORY COMMITTEE PERSONNEL MATTERS.— 

19 (1) IN GENERAL.—A member of the Advisory 

20 Committee (other than a member who is appointed 

21 to the Advisory Committee in connection with an22 other Federal appointment) shall not be considered 

23 an employee of the Federal Government by reason of 

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1 poses of section 5703 of title 5, United States Code, 

2 relating to travel expenses. 

3 (2) PAY NOT PERMITTED.—A member of the 

4 Advisory Committee described in paragraph (1) may 

5 not receive pay by reason of service on the Com6 mittee. 

7 (3) PROCUREMENT OF TEMPORARY AND INTER8 MITTENT SERVICES.—The Chairperson of the Advi9 sory Committee may procure temporary and inter10 mittent services under section 3109(b) of title 5, 

11 United States Code, at rates for individuals that do 

12 not exceed the daily equivalent of the annual rate of 

13 basic pay prescribed for level V of the Executive 

14 Schedule under section 5316 of that title. 

15 (j) TERMINATION OF ADVISORY COMMITTEE.—The 

16 Advisory Committee shall terminate on the date that is 

17 90 days after the submission of the report required under 

18 subsection (g)(1). 

19 (k) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated $3,000,000 to carry out this 

21 section for each of fiscal years 2025 and 2026. 

22 (l) APPLICATION OF FACA.—Chapter 10 of title 5, 

23 United States Code, shall apply to the Advisory Com24 mittee. 


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1 SEC. 204. REGULATIONS. 

2 Section 2206 of title 44, United States Code, is 

3 amended— 

4 (1) by inserting ‘‘(a)’’ before ‘‘The Archivist’’; 

5 (2) in subsection (a), as so designated— 

6 (A) in paragraph (1), by striking 

7 ‘‘2203(f)(3)’’ and inserting ‘‘2203(g)(4)’’; 

8 (B) in paragraph (3), by striking ‘‘and’’ at 

9 the end; 

10 (C) in paragraph (4), by striking the pe11 riod and inserting ‘‘; and’’; and 

12 (D) by adding at the end the following: 

13 ‘‘(5) provisions for establishing procedures for 

14 documenting required metadata.’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(b) The Archivist shall issue, and shall regularly up17 date, implementation guidance with respect to the regula18 tions described in subsection (a)(5).’’. 

Æ 


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