,,ii #aahth ,,congress #b;d ,session ,s4 #djdb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ba1 #bjbd,mr4 ,peters 7for himself and ,mr4 ,cornyn7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend title #dd1 ,united ,states ,code1 to reform the management of ,federal records1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,strengthening ,oversight of ,federal ,records ,act of #bjbd4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,federal records reform,sec4 #aja4 ,preservation of ,federal electronic records4,sec4 #ajb4 ,whistleblower protections4,sec4 #ajc4 ,preservation of electronic messages of certain officials4,sec4 #ajd4 ,proactive disclosure of records retention schedules4,sec4 #aje4 ,certification regarding preservation of records4,,title ,,ii--,additional reforms to preserve and protect records and ,government integrity,sec4 #bja4 ,unlawful removal1 destruction of records4,sec4 #bjb4 ,records management incorporation into performance plans4,sec4 #bjc4 ,establishment of an ,advisory ,committee on ,records ,automation4,sec4 #bjd4 ,regulations4 ,i ,federal records reform #aja4 ,preservation of ,federal electronic records 7a7 ,preservation of agency electronic records ,section #biaa of title #dd1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,in general ,an officer or employee of an executive agency shall not-- 7#a7 destroy or delete any record created1 sent1 or received using a non-official electronic messaging account1 including through any automatic mechanism1 unless the record has been copied or forwarded to an official electronic messaging account of officer or employee2 or 7#b7 create1 receive1 or send a record using a non-official electronic messaging account unless-- 7,a7 the policies and procedures of the executive agency authorize such use by the officer or employee2 7,b7 the account is subject to records management controls to create and preserve readable records2 and 7,c7 the officer or employee-- 7i7 copies an official electronic messaging account of the officer or employee in the original creation or transmission of the record2 or 7ii7 forwards a complete copy of the record to an official electronic messaging account of the officer or employee not later than #bj days after the original creation or transmission of the record4 2 7#b7 in subsection 7b71 by inserting 1 unless the violation involves a disclosure1 as defined in section #bcjb7;a77#b7 of title #e before the period at the end2 and 7#c7 in subsection 7c77#a71 by inserting 1 including social media and digital applications and platforms1 after messaging systems4 7b7 ,safeguards ,section #caje of title #dd1 ,united ,states ,code1 is amended1 in the matter preceding paragraph 7#a71 by striking against and inserting to ensure the adequate and proper documentation of the organization1 functions1 policies1 decisions1 procedures1 and essential transactions of the ,federal agency and to prevent4 7c7 ,definitions ,section #bija of title #dd1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#ae71 by striking and at the end2 7#b7 in paragraph 7#af77;,d71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#ag7 the term complete copy means a copy of all of the contents of a record1 including the metadata with respect to the record2 and 7#ah7 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 ,administration4 4 #ajb4 ,whistleblower protections 7a7 ,definitions ,in this section the term whistleblower protections has the meaning given that term in section #bcjb7;c77#a7 of title #e1 ,united ,states ,code4 7b7 ,whistleblower protections ,nothing in section #biaa7;a77#b7 of title #dd1 ,united ,states ,code1 as amended by section #aja1 shall prevent or impair an officer or employee of an executive agency from receiving whistleblower protections4 #ajc4 ,preservation of electronic messages of certain officials 7a7 ,in general ,chapter #bi of title #dd1 ,united ,states ,code1 is amended by adding at the end the following3 #biac4 ,preservation of electronic messages of certain officials 7a7 ,regulations required 7#a7 ,in general ,the ,archivist shall promulgate regulations governing ,federal agency preservation of electronic messages of employees1 which shall1 at a minimum-- 7,a7 require that the electronic messages of senior officers or senior employees of ,federal agencies be designated as a permanent record1 as defined in section #abbj4ah of title #cf1 ,code of ,federal ,regulations1 or any successor thereto2 7,b7 require that the electronic messages of senior officers or senior employees-- 7i7 be stored in accordance with guidelines prescribed by the ,archivist2 and 7ii7 are readily accessible for retrieval through electronic searches2 7,c7 establish general categories of positions in ,federal agencies that constitute senior officers and employees2 and 7,d7 allow for the culling of transitory messages1 messages that are not records1 and personal messages as appropriate4 7#b7 ,scope ,the regulations promulgated under paragraph 7#a7 shall1 at a minimum1 apply to electronic messages of-- 7,a7 the head of each ,federal agency2 7,b7 the principal assistant to the head of each ,federal agency1 including a member of the ,armed ,forces serving in a comparable position2 7,c7 an officer or employee serving as a deputy1 or equivalent position1 of an officer1 employee1 or member described in subparagraph 7,a7 or 7,b72 7,d7 an employee serving as a staff assistant to an officer1 employee1 or member described in subparagraph 7,a7 or 7,b71 including a special assistant1 confidential assistant1 military assistant1 and aide2 7,e7 an officer or employee serving in a principal management position at a ,federal agency1 including the ,chief ,operating ,officer1 the ,chief ,information ,officer1 the ,chief ,knowledge ,officer1 the ,chief ,technology ,officer1 the ,chief ,financial ,officer1 and an equivalent of such an officer2 7,f7 the director1 or equivalent position1 of a significant program office of a ,federal agency2 7,g7 a principal regional officer of a ,federal agency1 including a regional administrator1 or equivalent position2 7,h7 an officer or employee serving in a position that routinely provide advice to or oversight of a ,federal agency1 including advice to or oversight of the activities of an officer1 employee1 or member described in subparagraph 7,a71 7,b71 7,c71 7,e71 7,f71 or 7,g71 including an officer or employee serving as a general counsel1 chief of staff1 or inspector general2 7,i7 an officer or employee appointed by the ,president1 by and with the advice and consent of the ,senate2 7,j7 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 significance2 and 7,k7 any officer or employee serving in a position described in subparagraph 7,a71 7,b71 7,c71 7,d71 7,e71 7,f71 7,g71 7,h71 7,i71 or 7,j7 in an acting capacity4 7b7 ,agency report to archivist 7#a7 ,in general ,not later than the date specified in paragraph 7#b71 and every #e years thereafter1 the head of each ,federal agency shall submit to the ,archivist a report on the compliance of the ,federal agency with subsection 7a71 including statistics on-- 7,a7 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 ,archivist2 7,b7 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 agency2 and 7,c7 the volume of total electronic messages of officers and employees of the ,federal agency that are held by the ,federal agency4 7#b7 ,deadline for initial reports ,the date specified in this paragraph is the earlier of-- 7,a7 the date that is #baj days after the date on which the ,archivist promulgates regulations under subsection 7a72 or 7,b7 the date that is #a year after the date of enactment of this section4 7#c7 ,public availability ,not later than #cj days after submitting a report required under paragraph 7#a7 to the ,archivist1 the head of a ,federal agency shall make the report publicly available in an accessible electronic format on the website of the ,federal agency4 4 7b7 ,conforming amendment ,the table of sections for chapter #bi of title #dd1 ,united ,states ,code1 is amended by adding at the end the following3 #biac4 ,preservation of electronic messages of senior officials4 4 #ajd4 ,proactive disclosure of records retention schedules 7a7 ,proactive disclosure of records retention schedules ,section #ccjc of title #dd1 ,united ,states ,code1 is amended-- 7#a7 by striking ,the head and inserting 7a7 ,the head2 and 7#b7 by adding at the end the following3 7b7 7#a7 ,for each list or schedule of records issued under subsection 7a7 that is approved by the ,archivist1 the ,archivist shall-- 7,a7 not later than #cj days after the date on which the ,archivist approves the list or schedule1 make the list or schedule available for public inspection2 7,b7 make available and maintain the list or schedule in an accessible electronic database on a website of the ,national ,archives and ,records ,administration1 including the relevant crosswalk and appraisal memo2 and 7,c7 ensure the list or schedule1 and all related materials1 are organized in such fashion as to-- 7i7 facilitate public understanding of the operations of the records management program of the ,federal agency2 and 7ii7 assist the ,archivist in cataloging disposition authorities4 7#b7 ,not later than #fj days after the date of enactment of the ,strengthening ,oversight of ,federal ,records ,act of #bjbd1 the head of each ,federal agency shall submit to the ,archivist each list or schedule of records issued under subsection 7a7 before such date of enactment that is in effect on such date of enactment1 and all related materials1 for immediate publication in the database described in paragraph 7#a74 7#c7 ,the database described in paragraph 7#a7 shall be searchable and maintained as an open ,government data asset1 as defined in section #cejb4 4 7b7 ,regulation ,section #ccjb of title #dd1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking the comma at the end and inserting a semicolon2 7#b7 in paragraph 7#b71 by striking 1 and and inserting a semicolon2 7#c7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7#d7 procedures and minimum standards of ease-of-use for public inspection and online maintenance of lists1 schedules1 and related materials pursuant to section #ccjc7;b74 4 #aje4 ,certification regarding preservation of records 7a7 ,in general ,chapter #bi of title #dd1 ,united ,states ,code1 as amended by section #ajc1 is amended by adding at the end the following3 #biad4 ,certification regarding preservation of records ,the head of each ,federal agency shall establish policies and procedures under which each employee of the ,federal agency shall1 prior to separating from service as an employee of the ,federal agency1 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 records4 4 7b7 ,conforming amendment ,the table of sections for chapter #bi of title #dd1 ,united ,states ,code1 as amended by section #ajc1 is amended by adding at the end the following3 #biad4 ,certification regarding preservation of records4 4 ,,ii ,additional reforms to preserve and protect records and ,government integrity #bja4 ,unlawful removal1 destruction of records ,section #cajf of title #dd1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,federal agency notification of unlawful removal or destruction of records 7#a7 ,in general ,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-- 7,a7 any actual1 impending1 or threatened unlawful failure to create or removal1 defacing1 alteration1 corruption1 deletion1 erasure1 or other destruction of records in the custody of the ,federal agency2 or 7,b7 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 address4 7#b7 ,remedy ,with the assistance of the ,archivist1 the head of each ,federal agency shall initiate action through the ,attorney ,general for-- 7,a7 fully recovering or restoring records unlawfully removed from the ,federal agency1 including records of another ,federal agency that have been transferred to the legal custody of that ,federal agency1 or that are defaced1 altered1 corrupted1 deleted1 erased1 or destroyed1 to the extent practicable2 and 7,b7 remedying any other repeated non-compliance by any employee of the ,federal agency with record-keeping requirements4 2 7#b7 in subsection 7b71 by striking shall request the ,attorney ,general and all that follows and inserting the following3 8shall-- 7#a7 request the ,attorney ,general to initiate such an action2 7#b7 notify the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,accountability of the ,house of ,representatives2 7#c7 include with the notification under paragraph 7#b7 any relevant evidence1 analysis1 and supporting documentation pertinent to the incident2 and 7#d7 in coordination with the ,attorney ,general1 make regular updates to the committees specified in paragraph 7#b7 on the status of efforts to remedy the unlawful action or noncompliance4 2 and 7#c7 by adding at the end the following3 7c7 ,other recordkeeping violations 7#a7 ,in general ,if the ,archivist becomes aware of an alleged violation by an employee of a ,federal agency of his or her recordkeeping obligations1 the ,archivist shall-- 7,a7 notify the head of the ,federal agency and coordinate with the ,federal agency to determine whether a violation took place2 and 7,b7 subject to paragraph 7#b71 refer the matter to the head of the ,federal agency for corrective action1 as necessary4 7#b7 ,agencies with ,inspectors ,general ,if the ,archivist makes a referral described in paragraph 7#a77;,b7 to a ,federal agency that has an ,inspector ,general 7as defined in section #dja of title #e71 the ,archivist shall make a joint referral to the head of the ,federal agency and to the ,inspector ,general of the ,federal agency4 4 #bjb4 ,records management incorporation into performance plans ,section #dcjb of title #e1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,the head of each agency1 in consultation with the ,director of the ,office of ,personnel ,management and the ,archivist of the ,united ,states1 shall develop criteria that incorporates records management requirements that should be included in employees' performance standards and reviews4 4 #bjc4 ,establishment of an ,advisory ,committee on ,records ,automation 7a7 ,establishment ,there is established within the ,national ,archives and ,records ,administration an advisory committee to be known as the ,advisory ,committee on ,records ,automation 7in this section referred to as the ,advisory ,committee74 7b7 ,purposes ,the purposes of the ,advisory ,committee are-- 7#a7 to encourage the efforts of the ,government to manage records through greater use of automation to make electronic recordkeeping more efficient2 7#b7 to encourage the efforts of the ,government to more efficiently respond to access requests for records of executive agencies2 7#c7 to issue recommendations relating to records automation1 including on how the ,government should use automated software to-- 7,a7 automatically categorize records in connection with the issuance of records schedules required under chapter #cc of title #dd1 ,united ,states ,code2 7,b7 search for responsive records2 and 7,c7 assist in determining whether records may be exempt from public disclosure2 and 7#d7 to receive expert advice from public and private sector sources with respect to the use of automated software to make the management of and access to records of executive agencies more efficient4 7c7 ,duties ,the duties of the ,advisory ,committee include providing advice and recommendations to the ,archivist of the ,united ,states 7in this section referred to as the ,archivist7 and agencies on strategic1 technical1 financial1 programmatic1 and operational matters regarding records automation4 7d7 ,membership 7#a7 ,composition ,the ,advisory ,committee shall be composed of not more than #ae members from the public and private sectors as follows3 7,a7 ,three members shall be appointed by the ,archivist1 #a of which shall be designated by the ,archivist as the ,chairperson of the ,advisory ,committee4 7,b7 ,three members shall be appointed by the ,director of the ,office of ,management and ,budget4 7,c7 ,one member shall be appointed by the ,attorney ,general of the ,united ,states4 7,d7 ,one member shall be appointed by the ,administrator of ,general ,services4 7,e7 ,additional members shall appointed by the ,archivist1 as determined appropriate by the ,archivist1 in consultation with the ,director of the ,office of ,management and ,budget4 7#b7 ,public sector and private sector balance ,the ,archivist shall ensure that the ,advisory ,committee maintain a balance between members from the public sector and from the private sector4 7#c7 ,deadline for appointment ,each member of the ,advisory ,committee shall be appointed not later than #de days after the date of enactment of this ,act4 7e7 ,period of appointment2 vacancies 7#a7 ,in general ,a member of the ,advisory ,committee shall be appointed for the life of the ,committee4 7#b7 ,vacancies ,a vacancy in the ,advisory ,committee-- 7,a7 shall not affect the powers of the ,advisory ,committee2 and 7,b7 shall be filled in the same manner as the original appointment4 7f7 ,meetings 7#a7 ,initial meeting ,not later than #fj days after the date on which all members of the ,advisory ,committee have been appointed1 the ,advisory ,committee shall hold the first meeting of the ,advisory ,committee4 7#b7 ,frequency ,the ,advisory ,committee shall meet at the call of the ,chairperson1 but not less frequently than #c times per year1 at such time and place as determined by the ,chairperson4 7#c7 ,quorum ,a majority of the members of the ,advisory ,committee shall constitute a quorum1 but a lesser number of members may hold hearings4 7#d7 ,rules of procedure ,the ,advisory ,committee may establish rules for the conduct of the business of the ,advisory ,committee if such rules are not inconsistent with this section or other applicable law4 7g7 ,reports 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,advisory ,committee shall submit to the ,archivist1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on ,oversight and ,accountability of the ,house of ,representatives a report providing a detailed statement of the findings and conclusions of the ,advisory ,committee1 together with any recommendations of the ,advisory ,committee for legislation or administrative actions4 7#b7 ,interim reports ,the ,advisory ,committee may submit to the ,archivist1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on ,oversight and ,accountability of the ,house of ,representatives interim reports regarding the activities and findings of the ,advisory ,committee1 as determined appropriate by the ,advisory ,committee4 7h7 ,powers 7#a7 ,information from ,federal agencies ,the ,advisory ,committee may secure directly from a ,federal department or agency such information as the ,advisory ,committee considers necessary to carry out this section1 consistent with the protection of classified national security information and statutorily protected information4 7#b7 ,postal services ,the ,advisory ,committee may use the ,united ,states mails in the same manner and under the same conditions as other departments and agencies of the ,federal ,government4 7#c7 ,donations ,the ,advisory ,committee may accept1 use1 and dispose of donations of services or property4 7i7 ,advisory ,committee personnel matters 7#a7 ,in general ,a member of the ,advisory ,committee 7other than a member who is appointed to the ,advisory ,committee in connection with another ,federal appointment7 shall not be considered an employee of the ,federal ,government by reason of any service as such a member1 except for the purposes of section #egjc of title #e1 ,united ,states ,code1 relating to travel expenses4 7#b7 ,pay not permitted ,a member of the ,advisory ,committee described in paragraph 7#a7 may not receive pay by reason of service on the ,committee4 7#c7 ,procurement of temporary and intermittent services ,the ,chairperson of the ,advisory ,committee may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level ,v of the ,executive ,schedule under section #ecaf of that title4 7j7 ,termination of ,advisory ,committee ,the ,advisory ,committee shall terminate on the date that is #ij days after the submission of the report required under subsection 7g77#a74 7k7 ,authorization of appropriations ,there is authorized to be appropriated #c1jjj1jjj to carry out this section for each of fiscal years #bjbe and #bjbf4 7l7 ,application of ,,faca ,chapter #aj of title #e1 ,united ,states ,code1 shall apply to the ,advisory ,committee4 #bjd4 ,regulations ,section #bbjf of title #dd1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7a7 before ,the ,archivist2 7#b7 in subsection 7a71 as so designated-- 7,a7 in paragraph 7#a71 by striking #bbjc7;f77#c7 and inserting #bbjc7;g77#d72 7,b7 in paragraph 7#c71 by striking and at the end2 7,c7 in paragraph 7#d71 by striking the period and inserting 2 and2 and 7,d7 by adding at the end the following3 7#e7 provisions for establishing procedures for documenting required metadata4 2 and 7#c7 by adding at the end the following3 7b7 ,the ,archivist shall issue1 and shall regularly update1 implementation guidance with respect to the regulations described in subsection 7a77#e74 4