Sens. Gary Peters, D-Mich., and John Cornyn, R-Texas., have introduced new legislation that would hold Federal agencies and officials more accountable for retaining records of their electronic communications.
The Strengthening the Federal Records Act of 2024 would modernize the Federal Records Act (FRA) to account for the advent of communications apps that feature disappearing messages – such as WhatsApp – and help improve the government’s ability to keep records of official communications.
“Federal agencies must maintain adequate records so that the American public can hold officials accountable, access critical benefits and services, and have a clear picture of how the government is spending taxpayer dollars,” said Sen. Peters.
“We must also update the law to keep pace with rapidly changing technology and ensure that we are not sacrificing transparency as we embrace new forms of communication. My bill will modernize our records laws and make our government more transparent, efficient, and accountable,” Sen. Peters said.
The senators said the bill would:
- Update FRA to ensure that the National Archives and Records Administration (NARA) is better equipped to handle the rapid proliferation of electronic records and hold those who mismanage government records accountable;
- Require NARA to refer repeated violations of records laws to the Department of Justice and report these violations to Congress;
- Modernize the FRA by requiring that electronic messaging accounts, such as text message applications, are backed up. That requirement, the senators said, would expand “NARA’s successful Capstone program to include all types of electronic records”; and
- Create an advisory committee to explore the use of emerging technologies to streamline records processing and digitization.
“American taxpayers deserve a full accounting of federal records, including across all forms of digital communication,” said Sen. Cornyn. “This legislation would help make sure technological advancements do not hamstring the government’s ability to provide greater accountability and transparency for federal records.”
