II 

Calendar No. 548 

118TH CONGRESS 

2D SESSION S. 4042 

[Report No. 118–235] 

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 

NOVEMBER 12, 2024 

Reported by Mr. PETERS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Strengthening Oversight of Federal Records Act of 

4 2024’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—FEDERAL RECORDS REFORM 

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. 

7 TITLE I—FEDERAL RECORDS 

8 REFORM 

9 SEC. 101. PRESERVATION OF FEDERAL ELECTRONIC 

10 RECORDS. 

11 (a) PRESERVATION OF AGENCY ELECTRONIC

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

13 is amended— 

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

15 following: 

16 ‘‘(a) IN GENERAL.—An officer or employee of an ex17 ecutive agency shall not— 


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

2 or received using a non-official electronic messaging 

3 account, including through any automatic mecha4 nism, unless the record has been copied or forwarded 

5 to an official electronic messaging account of officer 

6 or employee; or 

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

8 non-official electronic messaging account unless— 

9 ‘‘(A) the policies and procedures of the ex10 ecutive agency authorize such use by the officer 

11 or employee; 

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

13 management controls to create and preserve 

14 readable records; and 

15 ‘‘(C) the officer or employee— 

16 ‘‘(i) copies an official electronic mes17 saging account of the officer or employee 

18 in the original creation or transmission of 

19 the record; or 

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

21 record to an official electronic messaging 

22 account of the officer or employee not later 

23 than 20 days after the original creation or 

24 transmission of the record.’’; 


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

2 violation involves a disclosure, as defined in section 

3 2302(a)(2) of title 5’’ before the period at the end; 

4 and 

5 (3) in subsection (c)(1), by inserting ‘‘, includ6 ing social media and digital applications and plat7 forms,’’ after ‘‘messaging systems’’. 

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

9 States Code, is amended, in the matter preceding para10 graph (1), by striking ‘‘against’’ and inserting ‘‘to ensure 

11 the adequate and proper documentation of the organiza12 tion, functions, policies, decisions, procedures, and essen13 tial transactions of the Federal agency and to prevent’’. 

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

15 States Code, is amended— 

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

17 end; 

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

19 at the end and inserting a semicolon; and 

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

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

22 all of the contents of a record, including the 

23 metadata with respect to the record; and 

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

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1 duct Government business and to transfer perma2 nent email records to the National Archives and 

3 Records Administration.’’. 

4 SEC. 102. WHISTLEBLOWER PROTECTIONS. 

5 (a) DEFINITIONS.—In this section the term ‘‘whistle6 blower protections’’ has the meaning given that term in 

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

8 (b) WHISTLEBLOWER PROTECTIONS.—Nothing in 

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

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

11 or employee of an executive agency from receiving whistle12 blower protections. 

13 SEC. 103. PRESERVATION OF ELECTRONIC MESSAGES OF 

14 CERTAIN OFFICIALS. 

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

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 2913. Preservation of electronic messages of cer19 tain officials 

20 ‘‘(a) REGULATIONS REQUIRED.— 

21 ‘‘(1) IN GENERAL.—The Archivist shall promul22 gate regulations governing Federal agency preserva23 tion of electronic messages of employees, which shall, 

24 at a minimum— 


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1 ‘‘(A) require that the electronic messages 

2 of senior officers or senior employees of Federal 

3 agencies be designated as a permanent record, 

4 as defined in section 1220.18 of title 36, Code 

5 of Federal Regulations, or any successor there6 to; 

7 ‘‘(B) require that the electronic messages 

8 of senior officers or senior employees— 

9 ‘‘(i) be stored in accordance with 

10 guidelines prescribed by the Archivist; and 

11 ‘‘(ii) are readily accessible for retrieval 

12 through electronic searches; 

13 ‘‘(C) establish general categories of posi14 tions in Federal agencies that constitute senior 

15 officers and employees; and 

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

17 messages, messages that are not records, and 

18 personal messages as appropriate. 

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

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

21 electronic messages of— 

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

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

24 each Federal agency, including a member of the 

25 Armed Forces serving in a comparable position; 


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

2 deputy, or equivalent position, of an officer, em3 ployee, or member described in subparagraph 

4 (A) or (B); 

5 ‘‘(D) an employee serving as a staff assist6 ant to an officer, employee, or member de7 scribed in subparagraph (A) or (B), including a 

8 special assistant, confidential assistant, military 

9 assistant, and aide; 

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

11 principal management position at a Federal 

12 agency, including the Chief Operating Officer, 

13 the Chief Information Officer, the Chief Knowl14 edge Officer, the Chief Technology Officer, the 

15 Chief Financial Officer, and an equivalent of 

16 such an officer; 

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

18 a significant program office of a Federal agen19 cy; 

20 ‘‘(G) a principal regional officer of a Fed21 eral agency, including a regional administrator, 

22 or equivalent position; 

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

24 position that routinely provide advice to or over25 sight of a Federal agency, including advice to 


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1 or oversight of the activities of an officer, em2 ployee, or member described in subparagraph 

3 (A), (B), (C), (E), (F), or (G), including an of4 ficer or employee serving as a general counsel, 

5 chief of staff, or inspector general; 

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

7 the President, by and with the advice and con8 sent of the Senate; 

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

10 in a position that predominantly creates perma11 nent records related to mission critical func12 tions or policy decisions of a Federal agency or 

13 that are of historical significance; and 

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

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

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

17 acting capacity. 

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

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

20 specified in paragraph (2), and every 5 years there21 after, the head of each Federal agency shall submit 

22 to the Archivist a report on the compliance of the 

23 Federal agency with subsection (a), including statis24 tics on— 


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1 ‘‘(A) the number of senior officers and sen2 ior employees of the Federal agency whose elec3 tronic messages are being stored as permanent 

4 records in accordance with guidelines prescribed 

5 by the Archivist; 

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

7 senior officers and senior employees of the Fed8 eral agency designated as a permanent record 

9 that are held by the Federal agency; and 

10 ‘‘(C) the volume of total electronic mes11 sages of officers and employees of the Federal 

12 agency that are held by the Federal agency. 

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

14 date specified in this paragraph is the earlier of— 

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

16 date on which the Archivist promulgates regula17 tions under subsection (a); or 

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

19 of enactment of this section. 

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

21 days after submitting a report required under para22 graph (1) to the Archivist, the head of a Federal 

23 agency shall make the report publicly available in an 

24 accessible electronic format on the website of the 

25 Federal agency.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of sec2 tions for chapter 29 of title 44, United States Code, is 

3 amended by adding at the end the following: 

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

4 SEC. 104. PROACTIVE DISCLOSURE OF RECORDS RETEN5 TION SCHEDULES. 

6 (a) PROACTIVE DISCLOSURE OF RECORDS RETEN7 TION SCHEDULES.—Section 3303 of title 44, United 

8 States Code, is amended— 

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

10 The head’’; and 

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

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

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

14 Archivist shall— 

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

16 which the Archivist approves the list or schedule, 

17 make the list or schedule available for public inspec18 tion; 

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

20 schedule in an accessible electronic database on a 

21 website of the National Archives and Records Ad22 ministration, including the relevant crosswalk and 

23 appraisal memo; and 

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

25 materials, are organized in such fashion as to— 


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1 ‘‘(i) facilitate public understanding of the 

2 operations of the records management program 

3 of the Federal agency; and 

4 ‘‘(ii) assist the Archivist in cataloging dis5 position authorities. 

6 ‘‘(2) Not later than 60 days after the date of enact7 ment of the Strengthening Oversight of Federal Records 

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

9 to the Archivist each list or schedule of records issued 

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

11 is in effect on such date of enactment, and all related ma12 terials, for immediate publication in the database de13 scribed in paragraph (1). 

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

15 be searchable and maintained as an open Government 

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

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

18 States Code, is amended— 

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

20 the end and inserting a semicolon; 

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

22 inserting a semicolon; 

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

24 the end and inserting ‘‘; and’’; and 

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


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1 ‘‘(4) procedures and minimum standards of 

2 ease-of-use for public inspection and online mainte3 nance of lists, schedules, and related materials pur4 suant to section 3303(b).’’. 

5 SEC. 105. CERTIFICATION REGARDING PRESERVATION OF 

6 RECORDS. 

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

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

9 adding at the end the following: 

10 ‘‘§ 2914. Certification regarding preservation of 

11 records 

12 ‘‘The head of each Federal agency shall establish 

13 policies and procedures under which each employee of the 

14 Federal agency shall, prior to separating from service as 

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

16 of the Federal agency a certification indicating whether 

17 the employee has complied with the requirements under 

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

19 (b) CONFORMING AMENDMENT.—The table of sec20 tions for chapter 29 of title 44, United States Code, as 

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

22 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).’’. 

19 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

21 ‘‘Strengthening Oversight of Federal Records Act of 2024’’. 

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

23 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—FEDERAL RECORDS REFORM 

Sec. 101. Preservation of Federal electronic records. 

Sec. 102. Whistleblower protections. 


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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 exec11 utive agency shall not— 

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

13 received using a non-official electronic messaging ac14 count, including through any automatic mechanism, 

15 unless the record has been copied or forwarded to an 

16 official electronic messaging account of the officer or 

17 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 exec2 utive agency authorize such use by the officer or 

3 employee; 

4 ‘‘(B) the account is subject to records man5 agement controls to create and preserve readable 

6 records; and 

7 ‘‘(C) the officer or employee— 

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

10 the original creation or transmission of the 

11 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; and 

20 (3) in subsection (c)(1), by inserting ‘‘, including 

21 social media and digital applications and platforms,’’ 

22 after ‘‘messaging systems’’. 

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

24 States Code, is amended, in the matter preceding paragraph 

25 (1), by striking ‘‘against’’ and inserting ‘‘to ensure the adeVerDate Sep 11 2014 00:15 Nov 13, 2024 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\S4042.RS S4042

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1 quate and proper documentation of the organization, func2 tions, policies, decisions, procedures, and essential trans3 actions of the Federal agency and to prevent’’. 

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

5 States Code, is amended— 

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

7 end; 

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

9 at the end and inserting a semicolon; and 

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

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

12 all of the contents of a record, including the metadata 

13 with respect to the record; and 

14 ‘‘(18) the term ‘readable’ means media that is re15 trievable and usable for as long as needed to conduct 

16 Government business and to transfer permanent 

17 email records to the National Archives and Records 

18 Administration.’’. 

19 SEC. 102. WHISTLEBLOWER PROTECTIONS. 

20 (a) DEFINITION.—In this section, the term ‘‘whistle21 blower protections’’ has the meaning given that term in sec22 tion 2302(c)(1) of title 5, United States Code. 

23 (b) WHISTLEBLOWER PROTECTIONS.—Nothing in sec24 tion 2911(a)(2) of title 44, United States Code, as amended 

25 by section 101, shall prevent or impair an officer or emVerDate Sep 11 2014 00:15 Nov 13, 2024 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\S4042.RS S4042

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1 ployee of an executive agency from receiving whistleblower 

2 protections. 

3 SEC. 103. PRESERVATION OF ELECTRONIC MESSAGES OF 

4 CERTAIN OFFICIALS. 

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

6 States Code, is amended by adding at the end the following: 

7 ‘‘§ 2913. Preservation of electronic messages of certain 

8 officials 

9 ‘‘(a) REGULATIONS REQUIRED.— 

10 ‘‘(1) IN GENERAL.—The Archivist shall promul11 gate regulations governing Federal agency preserva12 tion of electronic messages of employees, which shall, 

13 at a minimum— 

14 ‘‘(A) require that the electronic messages of 

15 senior officers or senior employees of Federal 

16 agencies be designated as a permanent record, as 

17 defined in section 1220.18 of title 36, Code of 

18 Federal Regulations, or any successor thereto; 

19 ‘‘(B) require that the electronic messages of 

20 senior officers or senior employees of Federal 

21 agencies— 

22 ‘‘(i) be stored in accordance with 

23 guidelines prescribed by the Archivist; and 

24 ‘‘(ii) are readily accessible for retrieval 

25 through electronic searches; 


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1 ‘‘(C) establish general categories of positions 

2 in Federal agencies that constitute senior officers 

3 and senior employees; and 

4 ‘‘(D) allow for the culling of transitory mes5 sages, messages that are not records, and per6 sonal messages as appropriate. 

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

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

9 electronic messages of— 

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

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

12 each Federal agency, including a member of the 

13 Armed Forces serving in a comparable position; 

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

15 deputy, or equivalent position, of an officer, em16 ployee, or member described in subparagraph (A) 

17 or (B); 

18 ‘‘(D) an employee serving as a staff assist19 ant to an officer, employee, or member described 

20 in subparagraph (A) or (B), including a special 

21 assistant, confidential assistant, military assist22 ant, and aide; 

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

24 principal management position at a Federal 

25 agency, including the Chief Operating Officer, 


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1 the Chief Information Officer, the Chief Knowl2 edge Officer, the Chief Technology Officer, the 

3 Chief Financial Officer, and an equivalent of 

4 such an officer; 

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

6 a significant program office of a Federal agency; 

7 ‘‘(G) a principal regional officer of a Fed8 eral agency, including a regional administrator, 

9 or equivalent position; 

10 ‘‘(H) an officer or employee serving in a po11 sition that routinely provides advice to or over12 sight of a Federal agency, including advice to or 

13 oversight of the activities of an officer, employee, 

14 or member described in subparagraph (A), (B), 

15 (C), (E), (F), or (G), including an officer or em16 ployee serving as a general counsel, chief of staff, 

17 or inspector general; 

18 ‘‘(I) an officer or employee appointed by the 

19 President, by and with the advice and consent of 

20 the Senate; 

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

22 in a position that predominantly creates perma23 nent records related to mission critical functions 

24 or policy decisions of a Federal agency or that 

25 are of historical significance; and 


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

2 position described in subparagraph (A), (B), (C), 

3 (D), (E), (F), (G), (H), (I), or (J) in an acting 

4 capacity. 

5 ‘‘(b) AGENCY REPORT TO ARCHIVIST.— 

6 ‘‘(1) IN GENERAL.—Not later than the date spec7 ified in paragraph (2), and every 5 years thereafter, 

8 the head of each Federal agency shall submit to the 

9 Archivist a report on the compliance of the Federal 

10 agency with subsection (a), including statistics on— 

11 ‘‘(A) the number of senior officers and sen12 ior employees of the Federal agency whose elec13 tronic messages are being stored as permanent 

14 records in accordance with guidelines prescribed 

15 by the Archivist; 

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

17 senior officers and senior employees of the Fed18 eral agency designated as a permanent record 

19 that are held by the Federal agency; and 

20 ‘‘(C) the volume of total electronic messages 

21 of officers and employees of the Federal agency 

22 that are held by the Federal agency. 

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

24 date specified in this paragraph is the earlier of— 


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

2 on which the Archivist promulgates regulations 

3 under subsection (a); or 

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

5 of enactment of this section. 

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

7 days after submitting a report required under para8 graph (1) to the Archivist, the head of a Federal agen9 cy shall make the report publicly available in an ac10 cessible electronic format on the website of the Federal 

11 agency.’’. 

12 (b) CONFORMING AMENDMENT.—The table of sections 

13 for chapter 29 of title 44, United States Code, is amended 

14 by adding at the end the following: 

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

15 SEC. 104. PROACTIVE DISCLOSURE OF RECORDS RETEN16 TION SCHEDULES. 

17 (a) PROACTIVE DISCLOSURE OF RECORDS RETENTION

18 SCHEDULES.—Section 3303 of title 44, United States Code, 

19 is amended— 

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

21 The head’’; and 

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

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

24 subsection (a) that is approved by the Archivist, the Archi25 vist shall— 


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

2 which the Archivist approves the list or schedule, 

3 make the list or schedule available for public inspec4 tion; 

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

6 schedule in an accessible electronic database on a 

7 website of the National Archives and Records Admin8 istration, including the relevant crosswalk and ap9 praisal memo; and 

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

11 materials, are organized in such fashion as to— 

12 ‘‘(i) facilitate public understanding of the 

13 operations of the records management program 

14 of the Federal agency; and 

15 ‘‘(ii) assist the Archivist in cataloging dis16 position authorities. 

17 ‘‘(2) Not later than 60 days after the date of enactment 

18 of the Strengthening Oversight of Federal Records Act of 

19 2024, the head of each Federal agency shall submit to the 

20 Archivist each list or schedule of records issued under sub21 section (a) before such date of enactment that is in effect 

22 on such date of enactment, and all related materials, for 

23 immediate publication in the database described in para24 graph (1). 


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

2 searchable and maintained as an open Government data 

3 asset, as defined in section 3502.’’. 

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

5 States Code, is amended— 

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

7 the end and inserting a semicolon; 

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

9 inserting a semicolon; 

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

11 the end and inserting ‘‘; and’’; and 

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

13 ‘‘(4) procedures and minimum standards of ease14 of-use for public inspection and online maintenance 

15 of lists, schedules, and related materials pursuant to 

16 section 3303(b).’’. 

17 SEC. 105. CERTIFICATION REGARDING PRESERVATION OF 

18 RECORDS. 

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

20 States Code, as amended by section 103, is amended by add21 ing at the end the following: 

22 ‘‘§ 2914. Certification regarding preservation of 

23 records 

24 ‘‘The head of each Federal agency shall establish poli25 cies and procedures under which each employee of the FedVerDate Sep 11 2014 00:15 Nov 13, 2024 Jkt 059200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\S4042.RS S4042

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1 eral agency shall, prior to separating from service as an 

2 employee of the Federal agency, submit to the head of the 

3 Federal agency a certification indicating whether the em4 ployee has complied with the requirements under this chap5 ter relating to the preservation of records.’’. 

6 (b) CONFORMING AMENDMENT.—The table of sections 

7 for chapter 29 of title 44, United States Code, as amended 

8 by section 103, is amended by adding at the end the fol9 lowing: 

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

10 TITLE II—ADDITIONAL REFORMS 

11 TO PRESERVE AND PROTECT 

12 RECORDS AND GOVERNMENT 

13 INTEGRITY 

14 SEC. 201. UNLAWFUL REMOVAL, DESTRUCTION OF 

15 RECORDS. 

16 Section 3106 of title 44, United States Code, is amend17 ed— 

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

19 following: 

20 ‘‘(a) FEDERAL AGENCY NOTIFICATION OF UNLAWFUL

21 REMOVAL OR DESTRUCTION OF RECORDS.— 

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

23 agency shall notify the Archivist if the head of the 

24 Federal agency knows or has reason to believe that 

25 there is— 


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

2 unlawful failure to create or removal, defacing, 

3 alteration, corruption, deletion, erasure, or other 

4 destruction of records in the custody of the Fed5 eral agency; or 

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

7 any employee of the Federal agency with Federal 

8 record-keeping requirements that the head of the 

9 Federal agency has been unable to fully address. 

10 ‘‘(2) REMEDY.—With the assistance of the Archi11 vist, the head of each Federal agency shall initiate ac12 tion through the Attorney General for— 

13 ‘‘(A) fully recovering or restoring records 

14 unlawfully removed from the Federal agency, in15 cluding records of another Federal agency that 

16 have been transferred to the legal custody of that 

17 Federal agency, or records that are defaced, al18 tered, corrupted, deleted, erased, or destroyed, to 

19 the extent practicable; and 

20 ‘‘(B) remedying any other repeated non21 compliance by any employee of the Federal agen22 cy with Federal record-keeping requirements.’’; 

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

24 the Attorney General’’ and all that follows and insert25 ing the following: ‘‘shall— 


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

2 such an action; 

3 ‘‘(2) notify the Committee on Homeland Security 

4 and Governmental Affairs of the Senate and the Com5 mittee on Oversight and Accountability of the House 

6 of Representatives; 

7 ‘‘(3) include with the notification under para8 graph (2) any relevant evidence, analysis, and sup9 porting documentation pertinent to the incident; and 

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

11 make regular updates to the committees specified in 

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

13 unlawful action or noncompliance.’’; and 

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

15 ‘‘(c) OTHER RECORDKEEPING VIOLATIONS.— 

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

17 aware of an alleged violation by an employee of a 

18 Federal agency of his or her recordkeeping obliga19 tions, the Archivist shall— 

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

21 and coordinate with the Federal agency to deter22 mine whether a violation took place; and 

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

24 matter to the head of the Federal agency for cor25 rective action, as necessary. 


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1 ‘‘(2) AGENCIES WITH INSPECTORS GENERAL.—If 

2 the Archivist makes a referral described in paragraph 

3 (1)(B) to a Federal agency that has an Inspector 

4 General (as defined in section 401 of title 5), the Ar5 chivist shall make a joint referral to the head of the 

6 Federal agency and to the Inspector General of the 

7 Federal agency.’’. 

8 SEC. 202. RECORDS MANAGEMENT INCORPORATION INTO 

9 PERFORMANCE PLANS. 

10 Section 4302 of title 5, United States Code, is amend11 ed— 

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

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

14 (2) by inserting after subsection (b) the fol15 lowing: 

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

17 Director of the Office of Personnel Management and the Ar18 chivist of the United States, shall develop criteria that in19 corporates records management requirements that should be 

20 included in employees’ performance standards and re21 views.’’. 

22 SEC. 203. ESTABLISHMENT OF AN ADVISORY COMMITTEE 

23 ON RECORDS AUTOMATION. 

24 (a) ESTABLISHMENT.—There is established within the 

25 National Archives and Records Administration an advisory 


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1 committee to be known as the ‘‘Advisory Committee on 

2 Records Automation’’ (in this section referred to as the ‘‘Ad3 visory Committee’’). 

4 (b) PURPOSES.—The purposes of the Advisory Com5 mittee are— 

6 (1) to encourage the efforts of the Government to 

7 manage records through greater use of automation to 

8 make electronic recordkeeping more efficient; 

9 (2) to encourage the efforts of the Government to 

10 more efficiently respond to access requests for records 

11 of executive agencies; 

12 (3) to issue recommendations relating to records 

13 automation, including on how the Government should 

14 use automated software to— 

15 (A) automatically categorize records in con16 nection with the issuance of records schedules re17 quired under chapter 33 of title 44, United 

18 States Code; 

19 (B) search for responsive records; and 

20 (C) assist in determining whether records 

21 may be exempt from public disclosure; and 

22 (4) to receive expert advice from public and pri23 vate sector sources with respect to the use of auto24 mated software to make the management of and ac25 cess to records of executive agencies more efficient. 


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

2 include providing advice and recommendations to the Ar3 chivist of the United States (in this section referred to as 

4 the ‘‘Archivist’’) and agencies on strategic, technical, finan5 cial, programmatic, and operational matters regarding 

6 records automation. 

7 (d) MEMBERSHIP.— 

8 (1) COMPOSITION.—The Advisory Committee 

9 shall be composed of not more than 15 members from 

10 the public and private sectors as follows: 

11 (A) Three members shall be appointed by 

12 the Archivist, 1 of which shall be designated by 

13 the Archivist as the Chairperson of the Advisory 

14 Committee. 

15 (B) Three members shall be appointed by 

16 the Director of the Office of Management and 

17 Budget. 

18 (C) One member shall be appointed by the 

19 Attorney General of the United States. 

20 (D) One member shall be appointed by the 

21 Administrator of General Services. 

22 (E) Additional members shall appointed by 

23 the Archivist, as determined appropriate by the 

24 Archivist, in consultation with the Director of 

25 the Office of Management and Budget. 


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1 (2) PUBLIC SECTOR AND PRIVATE SECTOR BAL2 ANCE.—The Archivist shall ensure that the Advisory 

3 Committee maintains a balance between members 

4 from the public sector and from the private sector. 

5 (3) DEADLINE FOR APPOINTMENT.—Each mem6 ber of the Advisory Committee shall be appointed not 

7 later than 45 days after the date of enactment of this 

8 Act. 

9 (e) PERIOD OF APPOINTMENT; VACANCIES.— 

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

11 Committee shall be appointed for the life of the Advi12 sory Committee. 

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

14 Committee— 

15 (A) shall not affect the powers of the Advi16 sory Committee; and 

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

18 the original appointment. 

19 (f) MEETINGS.— 

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

21 after the date on which all members of the Advisory 

22 Committee have been appointed, the Advisory Com23 mittee shall hold the first meeting of the Advisory 

24 Committee. 


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1 (2) FREQUENCY.—The Advisory Committee shall 

2 meet at the call of the Chairperson of the Advisory 

3 Committee, but not less frequently than 3 times per 

4 year, at such time and place as determined by the 

5 Chairperson. 

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

7 Advisory Committee shall constitute a quorum, but a 

8 lesser number of members may hold hearings. 

9 (4) RULES OF PROCEDURE.—The Advisory Com10 mittee may establish rules for the conduct of the busi11 ness of the Advisory Committee if such rules are not 

12 inconsistent with this section or other applicable law. 

13 (g) REPORTS.— 

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

15 the date of enactment of this Act, the Advisory Com16 mittee shall submit to the Archivist, the Committee on 

17 Homeland Security and Governmental Affairs of the 

18 Senate, and the Committee on Oversight and Account19 ability of the House of Representatives a report pro20 viding a detailed statement of the findings and con21 clusions of the Advisory Committee, together with any 

22 recommendations of the Advisory Committee for legis23 lation or administrative actions. 

24 (2) INTERIM REPORTS.—The Advisory Com25 mittee may submit to the Archivist, the Committee on 


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1 Homeland Security and Governmental Affairs of the 

2 Senate, and the Committee on Oversight and Account3 ability of the House of Representatives interim re4 ports regarding the activities and findings of the Ad5 visory Committee, as determined appropriate by the 

6 Advisory Committee. 

7 (h) POWERS.— 

8 (1) INFORMATION FROM FEDERAL AGENCIES.— 

9 The Advisory Committee may secure directly from a 

10 Federal department or agency such information as 

11 the Advisory Committee considers necessary to carry 

12 out this section, consistent with the protection of clas13 sified national security information and statutorily 

14 protected information. 

15 (2) POSTAL SERVICES.—The Advisory Com16 mittee may use the United States mails in the same 

17 manner and under the same conditions as other de18 partments and agencies of the Federal Government. 

19 (3) DONATIONS.—The Advisory Committee may 

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

21 property. 

22 (i) ADVISORY COMMITTEE PERSONNEL MATTERS.— 

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

24 Committee (other than a member who is appointed to 

25 the Advisory Committee in connection with another 


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1 Federal appointment) shall not be considered an em2 ployee of the Federal Government by reason of any 

3 service as such a member, except for the purposes of 

4 section 5703 of title 5, United States Code, relating 

5 to travel expenses. 

6 (2) PAY NOT PERMITTED.—A member of the Ad7 visory Committee described in paragraph (1) may not 

8 receive pay by reason of service on the Committee. 

9 (3) PROCUREMENT OF TEMPORARY AND INTER10 MITTENT SERVICES.—The Chairperson of the Advi11 sory Committee may procure temporary and inter12 mittent services under section 3109(b) of title 5, 

13 United States Code, at rates for individuals that do 

14 not exceed the daily equivalent of the annual rate of 

15 basic pay prescribed for level V of the Executive 

16 Schedule under section 5316 of that title. 

17 (j) TERMINATION OF ADVISORY COMMITTEE.—The Ad18 visory Committee shall terminate on the date that is 90 

19 days after the submission of the report required under sub20 section (g)(1). 

21 (k) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated $500,000 to carry out this 

23 section for each of fiscal years 2025 and 2026. 

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

25 United States Code, shall apply to the Advisory Committee. 


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1 SEC. 204. REGULATIONS. 

2 Section 2206 of title 44, United States Code, is amend3 ed— 

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 period 

11 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).’’. 


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Calendar No. 548 

118TH CONGRESS 

2D SESSION S. 4042 

[Report No. 118–235] 

A BILL 

To amend title 44, United States Code, to reform 

other purposes. the management of Federal records, and for 

NOVEMBER 12, 2024 

Reported with an amendment 


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