S4042-118

1. Short title; table of contents This Act may be cited as the Strengthening Oversight of Federal Records Act of 2024. The table of contents for this Act is as follows:

101. Preservation of Federal electronic records Section 2911 of title 44, United States Code, is amended— by striking subsection (a) and inserting the following: An officer or employee of an executive agency shall not— destroy or delete any record created, sent, or received using a non-official electronic messaging account, including through any automatic mechanism, unless the record has been copied or forwarded to an official electronic messaging account of officer or employee; or create, receive, or send a record using a non-official electronic messaging account unless— the policies and procedures of the executive agency authorize such use by the officer or employee; the account is subject to records management controls to create and preserve readable records; and the officer or employee— copies an official electronic messaging account of the officer or employee in the original creation or transmission of the record; or forwards a complete copy of the record to an official electronic messaging account of the officer or employee not later than 20 days after the original creation or transmission of the record. in subsection (b), by inserting , unless the violation involves a disclosure, as defined in section 2302(a)(2) of title 5 before the period at the end; and in subsection (c)(1), by inserting , including social media and digital applications and platforms, after messaging systems. Section 3105 of title 44, United States Code, is amended, in the matter preceding paragraph (1), by striking against and inserting to ensure the adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the Federal agency and to prevent. Section 2901 of title 44, United States Code, is amended— in paragraph (15), by striking and at the end; in paragraph (16)(D), by striking the period at the end and inserting a semicolon; and by adding at the end the following: the term complete copy means a copy of all of the contents of a record, including the metadata with respect to the record; and the term readable means media that is retrievable and usable for as long as needed to conduct Government business and to transfer permanent email records to the National Archives and Records Administration. (a)In generalAn officer or employee of an executive agency shall not—(1)destroy or delete any record created, sent, or received using a non-official electronic messaging account, including through any automatic mechanism, unless the record has been copied or forwarded to an official electronic messaging account of officer or employee; or(2)create, receive, or send a record using a non-official electronic messaging account unless— (A)the policies and procedures of the executive agency authorize such use by the officer or employee; (B)the account is subject to records management controls to create and preserve readable records; and(C)the officer or employee—(i)copies an official electronic messaging account of the officer or employee in the original creation or transmission of the record; or(ii)forwards a complete copy of the record to an official electronic messaging account of the officer or employee not later than 20 days after the original creation or transmission of the record.; (17)the term complete copy means a copy of all of the contents of a record, including the metadata with respect to the record; and(18)the term readable means media that is retrievable and usable for as long as needed to conduct Government business and to transfer permanent email records to the National Archives and Records Administration..

102. Whistleblower protections In this section the term whistleblower protections has the meaning given that term in section 2302(c)(1) of title 5, United States Code. Nothing in section 2911(a)(2) of title 44, United States Code, as amended by section 101, shall prevent or impair an officer or employee of an executive agency from receiving whistleblower protections.

103. Preservation of electronic messages of certain officials Chapter 29 of title 44, United States Code, is amended by adding at the end the following: The Archivist shall promulgate regulations governing Federal agency preservation of electronic messages of employees, which shall, at a minimum— require that the electronic messages of senior officers or senior employees of Federal agencies be designated as a permanent record, as defined in section 1220.18 of title 36, Code of Federal Regulations, or any successor thereto; require that the electronic messages of senior officers or senior employees— be stored in accordance with guidelines prescribed by the Archivist; and are readily accessible for retrieval through electronic searches; establish general categories of positions in Federal agencies that constitute senior officers and employees; and allow for the culling of transitory messages, messages that are not records, and personal messages as appropriate. The regulations promulgated under paragraph (1) shall, at a minimum, apply to electronic messages of— the head of each Federal agency; the principal assistant to the head of each Federal agency, including a member of the Armed Forces serving in a comparable position; an officer or employee serving as a deputy, or equivalent position, of an officer, employee, or member described in subparagraph (A) or (B); an employee serving as a staff assistant to an officer, employee, or member described in subparagraph (A) or (B), including a special assistant, confidential assistant, military assistant, and aide; an officer or employee serving in a principal management position at a Federal agency, including the Chief Operating Officer, the Chief Information Officer, the Chief Knowledge Officer, the Chief Technology Officer, the Chief Financial Officer, and an equivalent of such an officer; the director, or equivalent position, of a significant program office of a Federal agency; a principal regional officer of a Federal agency, including a regional administrator, or equivalent position; an officer or employee serving in a position that routinely provide advice to or oversight of a Federal agency, including advice to or oversight of the activities of an officer, employee, or member described in subparagraph (A), (B), (C), (E), (F), or (G), including an officer or employee serving as a general counsel, chief of staff, or inspector general; an officer or employee appointed by the President, by and with the advice and consent of the Senate; any other officer or employee serving in a position that predominantly creates permanent records related to mission critical functions or policy decisions of a Federal agency or that are of historical significance; and any officer or employee serving in a position described in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), or (J) in an acting capacity. Not later than the date specified in paragraph (2), and every 5 years thereafter, the head of each Federal agency shall submit to the Archivist a report on the compliance of the Federal agency with subsection (a), including statistics on— the number of senior officers and senior employees of the Federal agency whose electronic messages are being stored as permanent records in accordance with guidelines prescribed by the Archivist; the volume of electronic messages of senior officers and senior employees of the Federal agency designated as a permanent record that are held by the Federal agency; and the volume of total electronic messages of officers and employees of the Federal agency that are held by the Federal agency. The date specified in this paragraph is the earlier of— the date that is 210 days after the date on which the Archivist promulgates regulations under subsection (a); or the date that is 1 year after the date of enactment of this section. Not later than 30 days after submitting a report required under paragraph (1) to the Archivist, the head of a Federal agency shall make the report publicly available in an accessible electronic format on the website of the Federal agency. The table of sections for chapter 29 of title 44, United States Code, is amended by adding at the end the following: 2913.Preservation of electronic messages of certain officials(a)Regulations required(1)In generalThe Archivist shall promulgate regulations governing Federal agency preservation of electronic messages of employees, which shall, at a minimum—(A)require that the electronic messages of senior officers or senior employees of Federal agencies be designated as a permanent record, as defined in section 1220.18 of title 36, Code of Federal Regulations, or any successor thereto;(B)require that the electronic messages of senior officers or senior employees—(i)be stored in accordance with guidelines prescribed by the Archivist; and(ii)are readily accessible for retrieval through electronic searches;(C)establish general categories of positions in Federal agencies that constitute senior officers and employees; and(D)allow for the culling of transitory messages, messages that are not records, and personal messages as appropriate.(2)ScopeThe regulations promulgated under paragraph (1) shall, at a minimum, apply to electronic messages of— (A)the head of each Federal agency;(B)the principal assistant to the head of each Federal agency, including a member of the Armed Forces serving in a comparable position;(C)an officer or employee serving as a deputy, or equivalent position, of an officer, employee, or member described in subparagraph (A) or (B); (D)an employee serving as a staff assistant to an officer, employee, or member described in subparagraph (A) or (B), including a special assistant, confidential assistant, military assistant, and aide; (E)an officer or employee serving in a principal management position at a Federal agency, including the Chief Operating Officer, the Chief Information Officer, the Chief Knowledge Officer, the Chief Technology Officer, the Chief Financial Officer, and an equivalent of such an officer;(F)the director, or equivalent position, of a significant program office of a Federal agency;(G)a principal regional officer of a Federal agency, including a regional administrator, or equivalent position;(H)an officer or employee serving in a position that routinely provide advice to or oversight of a Federal agency, including advice to or oversight of the activities of an officer, employee, or member described in subparagraph (A), (B), (C), (E), (F), or (G), including an officer or employee serving as a general counsel, chief of staff, or inspector general;(I)an officer or employee appointed by the President, by and with the advice and consent of the Senate; (J)any other officer or employee serving in a position that predominantly creates permanent records related to mission critical functions or policy decisions of a Federal agency or that are of historical significance; and(K)any officer or employee serving in a position described in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), or (J) in an acting capacity.(b)Agency report to archivist(1)In generalNot later than the date specified in paragraph (2), and every 5 years thereafter, the head of each Federal agency shall submit to the Archivist a report on the compliance of the Federal agency with subsection (a), including statistics on—(A)the number of senior officers and senior employees of the Federal agency whose electronic messages are being stored as permanent records in accordance with guidelines prescribed by the Archivist;(B)the volume of electronic messages of senior officers and senior employees of the Federal agency designated as a permanent record that are held by the Federal agency; and(C)the volume of total electronic messages of officers and employees of the Federal agency that are held by the Federal agency.(2)Deadline for initial reportsThe date specified in this paragraph is the earlier of—(A)the date that is 210 days after the date on which the Archivist promulgates regulations under subsection (a); or(B)the date that is 1 year after the date of enactment of this section.(3)Public availabilityNot later than 30 days after submitting a report required under paragraph (1) to the Archivist, the head of a Federal agency shall make the report publicly available in an accessible electronic format on the website of the Federal agency.. 2913. Preservation of electronic messages of senior officials..

2913. Preservation of electronic messages of certain officials The Archivist shall promulgate regulations governing Federal agency preservation of electronic messages of employees, which shall, at a minimum— require that the electronic messages of senior officers or senior employees of Federal agencies be designated as a permanent record, as defined in section 1220.18 of title 36, Code of Federal Regulations, or any successor thereto; require that the electronic messages of senior officers or senior employees— be stored in accordance with guidelines prescribed by the Archivist; and are readily accessible for retrieval through electronic searches; establish general categories of positions in Federal agencies that constitute senior officers and employees; and allow for the culling of transitory messages, messages that are not records, and personal messages as appropriate. The regulations promulgated under paragraph (1) shall, at a minimum, apply to electronic messages of— the head of each Federal agency; the principal assistant to the head of each Federal agency, including a member of the Armed Forces serving in a comparable position; an officer or employee serving as a deputy, or equivalent position, of an officer, employee, or member described in subparagraph (A) or (B); an employee serving as a staff assistant to an officer, employee, or member described in subparagraph (A) or (B), including a special assistant, confidential assistant, military assistant, and aide; an officer or employee serving in a principal management position at a Federal agency, including the Chief Operating Officer, the Chief Information Officer, the Chief Knowledge Officer, the Chief Technology Officer, the Chief Financial Officer, and an equivalent of such an officer; the director, or equivalent position, of a significant program office of a Federal agency; a principal regional officer of a Federal agency, including a regional administrator, or equivalent position; an officer or employee serving in a position that routinely provide advice to or oversight of a Federal agency, including advice to or oversight of the activities of an officer, employee, or member described in subparagraph (A), (B), (C), (E), (F), or (G), including an officer or employee serving as a general counsel, chief of staff, or inspector general; an officer or employee appointed by the President, by and with the advice and consent of the Senate; any other officer or employee serving in a position that predominantly creates permanent records related to mission critical functions or policy decisions of a Federal agency or that are of historical significance; and any officer or employee serving in a position described in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), or (J) in an acting capacity. Not later than the date specified in paragraph (2), and every 5 years thereafter, the head of each Federal agency shall submit to the Archivist a report on the compliance of the Federal agency with subsection (a), including statistics on— the number of senior officers and senior employees of the Federal agency whose electronic messages are being stored as permanent records in accordance with guidelines prescribed by the Archivist; the volume of electronic messages of senior officers and senior employees of the Federal agency designated as a permanent record that are held by the Federal agency; and the volume of total electronic messages of officers and employees of the Federal agency that are held by the Federal agency. The date specified in this paragraph is the earlier of— the date that is 210 days after the date on which the Archivist promulgates regulations under subsection (a); or the date that is 1 year after the date of enactment of this section. Not later than 30 days after submitting a report required under paragraph (1) to the Archivist, the head of a Federal agency shall make the report publicly available in an accessible electronic format on the website of the Federal agency.

104. Proactive disclosure of records retention schedules Section 3303 of title 44, United States Code, is amended— by striking The head and inserting (a) The head; and by adding at the end the following: For each list or schedule of records issued under subsection (a) that is approved by the Archivist, the Archivist shall— not later than 30 days after the date on which the Archivist approves the list or schedule, make the list or schedule available for public inspection; make available and maintain the list or schedule in an accessible electronic database on a website of the National Archives and Records Administration, including the relevant crosswalk and appraisal memo; and ensure the list or schedule, and all related materials, are organized in such fashion as to— facilitate public understanding of the operations of the records management program of the Federal agency; and assist the Archivist in cataloging disposition authorities. Not later than 60 days after the date of enactment of the Strengthening Oversight of Federal Records Act of 2024, the head of each Federal agency shall submit to the Archivist each list or schedule of records issued under subsection (a) before such date of enactment that is in effect on such date of enactment, and all related materials, for immediate publication in the database described in paragraph (1). The database described in paragraph (1) shall be searchable and maintained as an open Government data asset, as defined in section 3502. Section 3302 of title 44, United States Code, is amended— in paragraph (1), by striking the comma at the end and inserting a semicolon; in paragraph (2), by striking , and and inserting a semicolon; in paragraph (3), by striking the period at the end and inserting ; and; and by adding at the end the following: procedures and minimum standards of ease-of-use for public inspection and online maintenance of lists, schedules, and related materials pursuant to section 3303(b). (b)(1)For each list or schedule of records issued under subsection (a) that is approved by the Archivist, the Archivist shall—(A)not later than 30 days after the date on which the Archivist approves the list or schedule, make the list or schedule available for public inspection; (B)make available and maintain the list or schedule in an accessible electronic database on a website of the National Archives and Records Administration, including the relevant crosswalk and appraisal memo; and (C)ensure the list or schedule, and all related materials, are organized in such fashion as to— (i)facilitate public understanding of the operations of the records management program of the Federal agency; and (ii)assist the Archivist in cataloging disposition authorities.(2)Not later than 60 days after the date of enactment of the Strengthening Oversight of Federal Records Act of 2024, the head of each Federal agency shall submit to the Archivist each list or schedule of records issued under subsection (a) before such date of enactment that is in effect on such date of enactment, and all related materials, for immediate publication in the database described in paragraph (1).(3)The database described in paragraph (1) shall be searchable and maintained as an open Government data asset, as defined in section 3502.. (4)procedures and minimum standards of ease-of-use for public inspection and online maintenance of lists, schedules, and related materials pursuant to section 3303(b)..

105. Certification regarding preservation of records Chapter 29 of title 44, United States Code, as amended by section 103, is amended by adding at the end the following: The head of each Federal agency shall establish policies and procedures under which each employee of the Federal agency shall, prior to separating from service as an employee of the Federal agency, submit to the head of the Federal agency a certification indicating whether the employee has complied with the requirements under this chapter relating to the preservation of records. The table of sections for chapter 29 of title 44, United States Code, as amended by section 103, is amended by adding at the end the following: 2914.Certification regarding preservation of recordsThe head of each Federal agency shall establish policies and procedures under which each employee of the Federal agency shall, prior to separating from service as an employee of the Federal agency, submit to the head of the Federal agency a certification indicating whether the employee has complied with the requirements under this chapter relating to the preservation of records.. 2914. Certification regarding preservation of records..

2914. Certification regarding preservation of records The head of each Federal agency shall establish policies and procedures under which each employee of the Federal agency shall, prior to separating from service as an employee of the Federal agency, submit to the head of the Federal agency a certification indicating whether the employee has complied with the requirements under this chapter relating to the preservation of records.

201. Unlawful removal, destruction of records Section 3106 of title 44, United States Code, is amended— by striking subsection (a) and inserting the following: The head of each Federal agency shall notify the Archivist if the head of the Federal agency knows or has reason to believe that there is— any actual, impending, or threatened unlawful failure to create or removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the Federal agency; or any other repeated non-compliance by any employee of the Federal agency with Federal record-keeping requirements that the head of the Federal agency has been unable to fully address. With the assistance of the Archivist, the head of each Federal agency shall initiate action through the Attorney General for— fully recovering or restoring records unlawfully removed from the Federal agency, including records of another Federal agency that have been transferred to the legal custody of that Federal agency, or that are defaced, altered, corrupted, deleted, erased, or destroyed, to the extent practicable; and remedying any other repeated non-compliance by any employee of the Federal agency with record-keeping requirements. in subsection (b), by striking shall request the Attorney General and all that follows and inserting the following: “shall— request the Attorney General to initiate such an action; notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives; include with the notification under paragraph (2) any relevant evidence, analysis, and supporting documentation pertinent to the incident; and in coordination with the Attorney General, make regular updates to the committees specified in paragraph (2) on the status of efforts to remedy the unlawful action or noncompliance. by adding at the end the following: If the Archivist becomes aware of an alleged violation by an employee of a Federal agency of his or her recordkeeping obligations, the Archivist shall— notify the head of the Federal agency and coordinate with the Federal agency to determine whether a violation took place; and subject to paragraph (2), refer the matter to the head of the Federal agency for corrective action, as necessary. If the Archivist makes a referral described in paragraph (1)(B) to a Federal agency that has an Inspector General (as defined in section 401 of title 5), the Archivist shall make a joint referral to the head of the Federal agency and to the Inspector General of the Federal agency. (a)Federal agency notification of unlawful removal or destruction of records(1)In generalThe head of each Federal agency shall notify the Archivist if the head of the Federal agency knows or has reason to believe that there is— (A)any actual, impending, or threatened unlawful failure to create or removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the Federal agency; or (B)any other repeated non-compliance by any employee of the Federal agency with Federal record-keeping requirements that the head of the Federal agency has been unable to fully address.(2)RemedyWith the assistance of the Archivist, the head of each Federal agency shall initiate action through the Attorney General for—(A)fully recovering or restoring records unlawfully removed from the Federal agency, including records of another Federal agency that have been transferred to the legal custody of that Federal agency, or that are defaced, altered, corrupted, deleted, erased, or destroyed, to the extent practicable; and(B)remedying any other repeated non-compliance by any employee of the Federal agency with record-keeping requirements.; (1)request the Attorney General to initiate such an action;(2)notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives;(3)include with the notification under paragraph (2) any relevant evidence, analysis, and supporting documentation pertinent to the incident; and(4)in coordination with the Attorney General, make regular updates to the committees specified in paragraph (2) on the status of efforts to remedy the unlawful action or noncompliance.; and (c)Other recordkeeping violations(1)In generalIf the Archivist becomes aware of an alleged violation by an employee of a Federal agency of his or her recordkeeping obligations, the Archivist shall— (A)notify the head of the Federal agency and coordinate with the Federal agency to determine whether a violation took place; and (B)subject to paragraph (2), refer the matter to the head of the Federal agency for corrective action, as necessary.(2)Agencies with Inspectors GeneralIf the Archivist makes a referral described in paragraph (1)(B) to a Federal agency that has an Inspector General (as defined in section 401 of title 5), the Archivist shall make a joint referral to the head of the Federal agency and to the Inspector General of the Federal agency..

202. Records management incorporation into performance plans Section 4302 of title 5, United States Code, is amended— by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and by inserting after subsection (b) the following: The head of each agency, in consultation with the Director of the Office of Personnel Management and the Archivist of the United States, shall develop criteria that incorporates records management requirements that should be included in employees’ performance standards and reviews. (c)The head of each agency, in consultation with the Director of the Office of Personnel Management and the Archivist of the United States, shall develop criteria that incorporates records management requirements that should be included in employees’ performance standards and reviews..

204. Regulations Section 2206 of title 44, United States Code, is amended— by inserting (a) before The Archivist; in subsection (a), as so designated— in paragraph (1), by striking 2203(f)(3) and inserting 2203(g)(4); in paragraph (3), by striking and at the end; in paragraph (4), by striking the period and inserting ; and; and by adding at the end the following: provisions for establishing procedures for documenting required metadata. by adding at the end the following: The Archivist shall issue, and shall regularly update, implementation guidance with respect to the regulations described in subsection (a)(5). (5)provisions for establishing procedures for documenting required metadata.; and (b)The Archivist shall issue, and shall regularly update, implementation guidance with respect to the regulations described in subsection (a)(5)..

1. Short title; table of contents This Act may be cited as the Strengthening Oversight of Federal Records Act of 2024. The table of contents for this Act is as follows:

101. Preservation of Federal electronic records Section 2911 of title 44, United States Code, is amended— by striking subsection (a) and inserting the following: An officer or employee of an executive agency shall not— destroy or delete any record created, sent, or received using a non-official electronic messaging account, including through any automatic mechanism, unless the record has been copied or forwarded to an official electronic messaging account of the officer or employee; or create, receive, or send a record using a non-official electronic messaging account unless— the policies and procedures of the executive agency authorize such use by the officer or employee; the account is subject to records management controls to create and preserve readable records; and the officer or employee— copies an official electronic messaging account of the officer or employee in the original creation or transmission of the record; or forwards a complete copy of the record to an official electronic messaging account of the officer or employee not later than 20 days after the original creation or transmission of the record. in subsection (b), by inserting , unless the violation involves a disclosure, as defined in section 2302(a)(2) of title 5 before the period at the end; and in subsection (c)(1), by inserting , including social media and digital applications and platforms, after messaging systems. Section 3105 of title 44, United States Code, is amended, in the matter preceding paragraph (1), by striking against and inserting to ensure the adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the Federal agency and to prevent. Section 2901 of title 44, United States Code, is amended— in paragraph (15), by striking and at the end; in paragraph (16)(D), by striking the period at the end and inserting a semicolon; and by adding at the end the following: the term complete copy means a copy of all of the contents of a record, including the metadata with respect to the record; and the term readable means media that is retrievable and usable for as long as needed to conduct Government business and to transfer permanent email records to the National Archives and Records Administration. (a)In generalAn officer or employee of an executive agency shall not—(1)destroy or delete any record created, sent, or received using a non-official electronic messaging account, including through any automatic mechanism, unless the record has been copied or forwarded to an official electronic messaging account of the officer or employee; or(2)create, receive, or send a record using a non-official electronic messaging account unless— (A)the policies and procedures of the executive agency authorize such use by the officer or employee; (B)the account is subject to records management controls to create and preserve readable records; and(C)the officer or employee—(i)copies an official electronic messaging account of the officer or employee in the original creation or transmission of the record; or(ii)forwards a complete copy of the record to an official electronic messaging account of the officer or employee not later than 20 days after the original creation or transmission of the record.; (17)the term complete copy means a copy of all of the contents of a record, including the metadata with respect to the record; and(18)the term readable means media that is retrievable and usable for as long as needed to conduct Government business and to transfer permanent email records to the National Archives and Records Administration..

102. Whistleblower protections In this section, the term whistleblower protections has the meaning given that term in section 2302(c)(1) of title 5, United States Code. Nothing in section 2911(a)(2) of title 44, United States Code, as amended by section 101, shall prevent or impair an officer or employee of an executive agency from receiving whistleblower protections.

103. Preservation of electronic messages of certain officials Chapter 29 of title 44, United States Code, is amended by adding at the end the following: The Archivist shall promulgate regulations governing Federal agency preservation of electronic messages of employees, which shall, at a minimum— require that the electronic messages of senior officers or senior employees of Federal agencies be designated as a permanent record, as defined in section 1220.18 of title 36, Code of Federal Regulations, or any successor thereto; require that the electronic messages of senior officers or senior employees of Federal agencies— be stored in accordance with guidelines prescribed by the Archivist; and are readily accessible for retrieval through electronic searches; establish general categories of positions in Federal agencies that constitute senior officers and senior employees; and allow for the culling of transitory messages, messages that are not records, and personal messages as appropriate. The regulations promulgated under paragraph (1) shall, at a minimum, apply to electronic messages of— the head of each Federal agency; the principal assistant to the head of each Federal agency, including a member of the Armed Forces serving in a comparable position; an officer or employee serving as a deputy, or equivalent position, of an officer, employee, or member described in subparagraph (A) or (B); an employee serving as a staff assistant to an officer, employee, or member described in subparagraph (A) or (B), including a special assistant, confidential assistant, military assistant, and aide; an officer or employee serving in a principal management position at a Federal agency, including the Chief Operating Officer, the Chief Information Officer, the Chief Knowledge Officer, the Chief Technology Officer, the Chief Financial Officer, and an equivalent of such an officer; the director, or equivalent position, of a significant program office of a Federal agency; a principal regional officer of a Federal agency, including a regional administrator, or equivalent position; an officer or employee serving in a position that routinely provides advice to or oversight of a Federal agency, including advice to or oversight of the activities of an officer, employee, or member described in subparagraph (A), (B), (C), (E), (F), or (G), including an officer or employee serving as a general counsel, chief of staff, or inspector general; an officer or employee appointed by the President, by and with the advice and consent of the Senate; any other officer or employee serving in a position that predominantly creates permanent records related to mission critical functions or policy decisions of a Federal agency or that are of historical significance; and any officer or employee serving in a position described in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), or (J) in an acting capacity. Not later than the date specified in paragraph (2), and every 5 years thereafter, the head of each Federal agency shall submit to the Archivist a report on the compliance of the Federal agency with subsection (a), including statistics on— the number of senior officers and senior employees of the Federal agency whose electronic messages are being stored as permanent records in accordance with guidelines prescribed by the Archivist; the volume of electronic messages of senior officers and senior employees of the Federal agency designated as a permanent record that are held by the Federal agency; and the volume of total electronic messages of officers and employees of the Federal agency that are held by the Federal agency. The date specified in this paragraph is the earlier of— the date that is 210 days after the date on which the Archivist promulgates regulations under subsection (a); or the date that is 1 year after the date of enactment of this section. Not later than 30 days after submitting a report required under paragraph (1) to the Archivist, the head of a Federal agency shall make the report publicly available in an accessible electronic format on the website of the Federal agency. The table of sections for chapter 29 of title 44, United States Code, is amended by adding at the end the following: 2913.Preservation of electronic messages of certain officials(a)Regulations required(1)In generalThe Archivist shall promulgate regulations governing Federal agency preservation of electronic messages of employees, which shall, at a minimum—(A)require that the electronic messages of senior officers or senior employees of Federal agencies be designated as a permanent record, as defined in section 1220.18 of title 36, Code of Federal Regulations, or any successor thereto;(B)require that the electronic messages of senior officers or senior employees of Federal agencies—(i)be stored in accordance with guidelines prescribed by the Archivist; and(ii)are readily accessible for retrieval through electronic searches;(C)establish general categories of positions in Federal agencies that constitute senior officers and senior employees; and(D)allow for the culling of transitory messages, messages that are not records, and personal messages as appropriate.(2)ScopeThe regulations promulgated under paragraph (1) shall, at a minimum, apply to electronic messages of— (A)the head of each Federal agency;(B)the principal assistant to the head of each Federal agency, including a member of the Armed Forces serving in a comparable position;(C)an officer or employee serving as a deputy, or equivalent position, of an officer, employee, or member described in subparagraph (A) or (B); (D)an employee serving as a staff assistant to an officer, employee, or member described in subparagraph (A) or (B), including a special assistant, confidential assistant, military assistant, and aide; (E)an officer or employee serving in a principal management position at a Federal agency, including the Chief Operating Officer, the Chief Information Officer, the Chief Knowledge Officer, the Chief Technology Officer, the Chief Financial Officer, and an equivalent of such an officer;(F)the director, or equivalent position, of a significant program office of a Federal agency;(G)a principal regional officer of a Federal agency, including a regional administrator, or equivalent position;(H)an officer or employee serving in a position that routinely provides advice to or oversight of a Federal agency, including advice to or oversight of the activities of an officer, employee, or member described in subparagraph (A), (B), (C), (E), (F), or (G), including an officer or employee serving as a general counsel, chief of staff, or inspector general;(I)an officer or employee appointed by the President, by and with the advice and consent of the Senate; (J)any other officer or employee serving in a position that predominantly creates permanent records related to mission critical functions or policy decisions of a Federal agency or that are of historical significance; and(K)any officer or employee serving in a position described in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), or (J) in an acting capacity.(b)Agency report to archivist(1)In generalNot later than the date specified in paragraph (2), and every 5 years thereafter, the head of each Federal agency shall submit to the Archivist a report on the compliance of the Federal agency with subsection (a), including statistics on—(A)the number of senior officers and senior employees of the Federal agency whose electronic messages are being stored as permanent records in accordance with guidelines prescribed by the Archivist;(B)the volume of electronic messages of senior officers and senior employees of the Federal agency designated as a permanent record that are held by the Federal agency; and(C)the volume of total electronic messages of officers and employees of the Federal agency that are held by the Federal agency.(2)Deadline for initial reportsThe date specified in this paragraph is the earlier of—(A)the date that is 210 days after the date on which the Archivist promulgates regulations under subsection (a); or(B)the date that is 1 year after the date of enactment of this section.(3)Public availabilityNot later than 30 days after submitting a report required under paragraph (1) to the Archivist, the head of a Federal agency shall make the report publicly available in an accessible electronic format on the website of the Federal agency.. 2913. Preservation of electronic messages of senior officials..

2913. Preservation of electronic messages of certain officials The Archivist shall promulgate regulations governing Federal agency preservation of electronic messages of employees, which shall, at a minimum— require that the electronic messages of senior officers or senior employees of Federal agencies be designated as a permanent record, as defined in section 1220.18 of title 36, Code of Federal Regulations, or any successor thereto; require that the electronic messages of senior officers or senior employees of Federal agencies— be stored in accordance with guidelines prescribed by the Archivist; and are readily accessible for retrieval through electronic searches; establish general categories of positions in Federal agencies that constitute senior officers and senior employees; and allow for the culling of transitory messages, messages that are not records, and personal messages as appropriate. The regulations promulgated under paragraph (1) shall, at a minimum, apply to electronic messages of— the head of each Federal agency; the principal assistant to the head of each Federal agency, including a member of the Armed Forces serving in a comparable position; an officer or employee serving as a deputy, or equivalent position, of an officer, employee, or member described in subparagraph (A) or (B); an employee serving as a staff assistant to an officer, employee, or member described in subparagraph (A) or (B), including a special assistant, confidential assistant, military assistant, and aide; an officer or employee serving in a principal management position at a Federal agency, including the Chief Operating Officer, the Chief Information Officer, the Chief Knowledge Officer, the Chief Technology Officer, the Chief Financial Officer, and an equivalent of such an officer; the director, or equivalent position, of a significant program office of a Federal agency; a principal regional officer of a Federal agency, including a regional administrator, or equivalent position; an officer or employee serving in a position that routinely provides advice to or oversight of a Federal agency, including advice to or oversight of the activities of an officer, employee, or member described in subparagraph (A), (B), (C), (E), (F), or (G), including an officer or employee serving as a general counsel, chief of staff, or inspector general; an officer or employee appointed by the President, by and with the advice and consent of the Senate; any other officer or employee serving in a position that predominantly creates permanent records related to mission critical functions or policy decisions of a Federal agency or that are of historical significance; and any officer or employee serving in a position described in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), or (J) in an acting capacity. Not later than the date specified in paragraph (2), and every 5 years thereafter, the head of each Federal agency shall submit to the Archivist a report on the compliance of the Federal agency with subsection (a), including statistics on— the number of senior officers and senior employees of the Federal agency whose electronic messages are being stored as permanent records in accordance with guidelines prescribed by the Archivist; the volume of electronic messages of senior officers and senior employees of the Federal agency designated as a permanent record that are held by the Federal agency; and the volume of total electronic messages of officers and employees of the Federal agency that are held by the Federal agency. The date specified in this paragraph is the earlier of— the date that is 210 days after the date on which the Archivist promulgates regulations under subsection (a); or the date that is 1 year after the date of enactment of this section. Not later than 30 days after submitting a report required under paragraph (1) to the Archivist, the head of a Federal agency shall make the report publicly available in an accessible electronic format on the website of the Federal agency.

104. Proactive disclosure of records retention schedules Section 3303 of title 44, United States Code, is amended— by striking The head and inserting (a) The head; and by adding at the end the following: For each list or schedule of records issued under subsection (a) that is approved by the Archivist, the Archivist shall— not later than 30 days after the date on which the Archivist approves the list or schedule, make the list or schedule available for public inspection; make available and maintain the list or schedule in an accessible electronic database on a website of the National Archives and Records Administration, including the relevant crosswalk and appraisal memo; and ensure the list or schedule, and all related materials, are organized in such fashion as to— facilitate public understanding of the operations of the records management program of the Federal agency; and assist the Archivist in cataloging disposition authorities. Not later than 60 days after the date of enactment of the Strengthening Oversight of Federal Records Act of 2024, the head of each Federal agency shall submit to the Archivist each list or schedule of records issued under subsection (a) before such date of enactment that is in effect on such date of enactment, and all related materials, for immediate publication in the database described in paragraph (1). The database described in paragraph (1) shall be searchable and maintained as an open Government data asset, as defined in section 3502. Section 3302 of title 44, United States Code, is amended— in paragraph (1), by striking the comma at the end and inserting a semicolon; in paragraph (2), by striking , and and inserting a semicolon; in paragraph (3), by striking the period at the end and inserting ; and; and by adding at the end the following: procedures and minimum standards of ease-of-use for public inspection and online maintenance of lists, schedules, and related materials pursuant to section 3303(b). (b)(1)For each list or schedule of records issued under subsection (a) that is approved by the Archivist, the Archivist shall—(A)not later than 30 days after the date on which the Archivist approves the list or schedule, make the list or schedule available for public inspection; (B)make available and maintain the list or schedule in an accessible electronic database on a website of the National Archives and Records Administration, including the relevant crosswalk and appraisal memo; and (C)ensure the list or schedule, and all related materials, are organized in such fashion as to— (i)facilitate public understanding of the operations of the records management program of the Federal agency; and (ii)assist the Archivist in cataloging disposition authorities.(2)Not later than 60 days after the date of enactment of the Strengthening Oversight of Federal Records Act of 2024, the head of each Federal agency shall submit to the Archivist each list or schedule of records issued under subsection (a) before such date of enactment that is in effect on such date of enactment, and all related materials, for immediate publication in the database described in paragraph (1).(3)The database described in paragraph (1) shall be searchable and maintained as an open Government data asset, as defined in section 3502.. (4)procedures and minimum standards of ease-of-use for public inspection and online maintenance of lists, schedules, and related materials pursuant to section 3303(b)..

105. Certification regarding preservation of records Chapter 29 of title 44, United States Code, as amended by section 103, is amended by adding at the end the following: The head of each Federal agency shall establish policies and procedures under which each employee of the Federal agency shall, prior to separating from service as an employee of the Federal agency, submit to the head of the Federal agency a certification indicating whether the employee has complied with the requirements under this chapter relating to the preservation of records. The table of sections for chapter 29 of title 44, United States Code, as amended by section 103, is amended by adding at the end the following: 2914.Certification regarding preservation of recordsThe head of each Federal agency shall establish policies and procedures under which each employee of the Federal agency shall, prior to separating from service as an employee of the Federal agency, submit to the head of the Federal agency a certification indicating whether the employee has complied with the requirements under this chapter relating to the preservation of records.. 2914. Certification regarding preservation of records..

2914. Certification regarding preservation of records The head of each Federal agency shall establish policies and procedures under which each employee of the Federal agency shall, prior to separating from service as an employee of the Federal agency, submit to the head of the Federal agency a certification indicating whether the employee has complied with the requirements under this chapter relating to the preservation of records.

201. Unlawful removal, destruction of records Section 3106 of title 44, United States Code, is amended— by striking subsection (a) and inserting the following: The head of each Federal agency shall notify the Archivist if the head of the Federal agency knows or has reason to believe that there is— any actual, impending, or threatened unlawful failure to create or removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the Federal agency; or any other repeated non-compliance by any employee of the Federal agency with Federal record-keeping requirements that the head of the Federal agency has been unable to fully address. With the assistance of the Archivist, the head of each Federal agency shall initiate action through the Attorney General for— fully recovering or restoring records unlawfully removed from the Federal agency, including records of another Federal agency that have been transferred to the legal custody of that Federal agency, or records that are defaced, altered, corrupted, deleted, erased, or destroyed, to the extent practicable; and remedying any other repeated non-compliance by any employee of the Federal agency with Federal record-keeping requirements. in subsection (b), by striking shall request the Attorney General and all that follows and inserting the following: “shall— request the Attorney General to initiate such an action; notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives; include with the notification under paragraph (2) any relevant evidence, analysis, and supporting documentation pertinent to the incident; and in coordination with the Attorney General, make regular updates to the committees specified in paragraph (2) on the status of efforts to remedy the unlawful action or noncompliance. by adding at the end the following: If the Archivist becomes aware of an alleged violation by an employee of a Federal agency of his or her recordkeeping obligations, the Archivist shall— notify the head of the Federal agency and coordinate with the Federal agency to determine whether a violation took place; and subject to paragraph (2), refer the matter to the head of the Federal agency for corrective action, as necessary. If the Archivist makes a referral described in paragraph (1)(B) to a Federal agency that has an Inspector General (as defined in section 401 of title 5), the Archivist shall make a joint referral to the head of the Federal agency and to the Inspector General of the Federal agency. (a)Federal agency notification of unlawful removal or destruction of records(1)In generalThe head of each Federal agency shall notify the Archivist if the head of the Federal agency knows or has reason to believe that there is— (A)any actual, impending, or threatened unlawful failure to create or removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the Federal agency; or (B)any other repeated non-compliance by any employee of the Federal agency with Federal record-keeping requirements that the head of the Federal agency has been unable to fully address.(2)RemedyWith the assistance of the Archivist, the head of each Federal agency shall initiate action through the Attorney General for—(A)fully recovering or restoring records unlawfully removed from the Federal agency, including records of another Federal agency that have been transferred to the legal custody of that Federal agency, or records that are defaced, altered, corrupted, deleted, erased, or destroyed, to the extent practicable; and(B)remedying any other repeated non-compliance by any employee of the Federal agency with Federal record-keeping requirements.; (1)request the Attorney General to initiate such an action;(2)notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives;(3)include with the notification under paragraph (2) any relevant evidence, analysis, and supporting documentation pertinent to the incident; and(4)in coordination with the Attorney General, make regular updates to the committees specified in paragraph (2) on the status of efforts to remedy the unlawful action or noncompliance.; and (c)Other recordkeeping violations(1)In generalIf the Archivist becomes aware of an alleged violation by an employee of a Federal agency of his or her recordkeeping obligations, the Archivist shall— (A)notify the head of the Federal agency and coordinate with the Federal agency to determine whether a violation took place; and (B)subject to paragraph (2), refer the matter to the head of the Federal agency for corrective action, as necessary.(2)Agencies with Inspectors GeneralIf the Archivist makes a referral described in paragraph (1)(B) to a Federal agency that has an Inspector General (as defined in section 401 of title 5), the Archivist shall make a joint referral to the head of the Federal agency and to the Inspector General of the Federal agency..

202. Records management incorporation into performance plans Section 4302 of title 5, United States Code, is amended— by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and by inserting after subsection (b) the following: The head of each agency, in consultation with the Director of the Office of Personnel Management and the Archivist of the United States, shall develop criteria that incorporates records management requirements that should be included in employees’ performance standards and reviews. (c)The head of each agency, in consultation with the Director of the Office of Personnel Management and the Archivist of the United States, shall develop criteria that incorporates records management requirements that should be included in employees’ performance standards and reviews..

204. Regulations Section 2206 of title 44, United States Code, is amended— by inserting (a) before The Archivist; in subsection (a), as so designated— in paragraph (1), by striking 2203(f)(3) and inserting 2203(g)(4); in paragraph (3), by striking and at the end; in paragraph (4), by striking the period and inserting ; and; and by adding at the end the following: provisions for establishing procedures for documenting required metadata. by adding at the end the following: The Archivist shall issue, and shall regularly update, implementation guidance with respect to the regulations described in subsection (a)(5). (5)provisions for establishing procedures for documenting required metadata.; and (b)The Archivist shall issue, and shall regularly update, implementation guidance with respect to the regulations described in subsection (a)(5)..