[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5709 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 591
114th CONGRESS
  2d Session
                                H. R. 5709

                          [Report No. 114-759]

 To improve Federal employee compliance with Federal and Presidential 
          recordkeeping requirements, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2016

 Mr. Meadows introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

                           September 19, 2016

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 To improve Federal employee compliance with Federal and Presidential 
          recordkeeping requirements, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) In General.--This Act may be cited as the ``Federal Records 
Modernization Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Removal for deliberate destruction of Federal records.
Sec. 3. Use of non-official electronic messaging accounts.
Sec. 4. Reporting of the loss or potential loss of records.
Sec. 5. Senior Agency Official for Records Management.
Sec. 6. Retention of electronic correspondence.
Sec. 7. Federal Register modernization.
Sec. 8. Statutory protection for National Archives and Records 
                            Administration volunteers.

SEC. 2. REMOVAL FOR DELIBERATE DESTRUCTION OF FEDERAL RECORDS.

    (a) In General.--Chapter 75 of title 5, United States Code, is 
amended by adding after subchapter V the following:

                    ``SUBCHAPTER VI--FEDERAL RECORDS

``Sec. 7551. Definitions
    ``In this subchapter the following definitions apply:
            ``(1) Employee.--The term `employee' means--
                    ``(A) an individual in the competitive service who 
                is not serving a probationary or trial period under an 
                initial appointment or who has completed 1 year of 
                current continuous employment in the same or similar 
                positions under other than a temporary appointment 
                limited to 1 year or less; or
                    ``(B) a career appointee in the Senior Executive 
                Service who--
                            ``(i) has completed the probationary period 
                        prescribed under section 3393(d) of this title; 
                        or
                            ``(ii) was covered by the provisions of 
                        subchapter II of this chapter immediately 
                        before appointment to the Senior Executive 
                        Service.
            ``(2) Record.--The term `record' has the meaning given that 
        term in section 3301 of title 44.
            ``(3) Suspension.--The term `suspension' has the meaning 
        given that term in section 7501 of this title.
``Sec. 7552. Suspension and removal
    ``(a) Inspector General Finding.--If the Inspector General of an 
agency determines an employee of the agency has willfully and 
wrongfully concealed, removed, mutilated, obliterated, falsified, or 
destroyed any record, proceeding, map, book, document, paper, or other 
thing in the custody of such employee, or verifies a violation under 
section 2209 or 2911 of title 44, the Inspector General shall promptly 
inform the head of the agency of that determination in writing.
    ``(b) Suspension.--The head of an agency shall suspend an employee 
of that agency who has been determined by the Inspector General under 
subsection (a) to have willfully and unlawfully concealed, removed, 
mutilated, obliterated, falsified, or destroyed any record, proceeding, 
map, book, document, paper, or other thing in the custody of such 
employee, or who has been verified by the Inspector General to be in 
violation of section 2209 or 2911 of title 44.
    ``(c) Requirements After Suspension.--An employee suspended under 
subsection (b) is entitled, after suspension and before removal, to--
            ``(1) be represented by an attorney or other 
        representative;
            ``(2) a written statement of the charges against the 
        employee within 15 days after suspension, which may be amended 
        within 30 days thereafter;
            ``(3) an opportunity within 15 days after the receipt of 
        the written statement under paragraph (2), plus an additional 
        15 days if the charges are amended, to answer the charges and 
        submit affidavits;
            ``(4) a hearing, at the request of the employee, by an 
        agency authority duly constituted for this purpose;
            ``(5) a review of the employee's case by the head of the 
        agency or a designee, before a decision adverse to the employee 
        is made final; and
            ``(6) a written statement of the decision of the head of 
        the agency.
    ``(d) Removal.--Subject to subsection (c) of this section and after 
any investigation and review the head of the agency considers 
necessary, the head of an agency shall remove an employee suspended 
under subsection (b) if such head determines that the employee 
willfully and unlawfully concealed, removed, mutilated, obliterated, 
falsified, or destroyed any record, proceeding, map, book, document, 
paper, or other thing in the custody of such employee.
    ``(e) Appeal.--An employee who is removed under subsection (d) is 
entitled to appeal to the Merit Systems Protection Board under section 
7701 of this title.''.
    (b) Technical and Conforming Amendments.--
            (1) Table of sections.--The table of sections for chapter 
        75 of title 5, United States Code, is amended by adding at the 
        end the following new items:

                    ``subchapter vi--federal records

``7551. Definitions.
``7552. Suspension and removal.''.
            (2) Subchapter ii applicability.--Section 7512 of such 
        title is amended--
                    (A) in subparagraph (D), by striking ``or'' at the 
                end;
                    (B) in subparagraph (E), by striking the period at 
                the end and inserting ``, or''; and
                    (C) by adding at the end the following:
            ``(F) a suspension or removal under section 7552 of this 
        title.''.

SEC. 3. USE OF NON-OFFICIAL ELECTRONIC MESSAGING ACCOUNTS.

    (a) Presidential Records.--Section 2209 of title 44, United States 
Code, is amended to read as follows:
``Sec. 2209. Disclosure requirement for official business conducted 
              using non-official electronic messaging accounts
    ``(a) In General.--The President, Vice President, or covered 
employee may not create or send a Presidential or Vice Presidential 
record using a non-official electronic messaging account (in this 
section, referred to as `applicable electronic message') unless the 
President, Vice President, or covered employee--
            ``(1) includes an official electronic messaging account of 
        the President, Vice President, or covered employee, as 
        applicable, as a recipient in the original creation or 
        transmission of the applicable electronic message and 
        identifies all recipients of the applicable electronic message 
        in such message;
            ``(2) forwards a complete copy of the applicable electronic 
        message, including a complete list of the recipients of such 
        message, to an official electronic messaging account of the 
        President, Vice President, or covered employee, as applicable, 
        within twenty days after the original creation or transmission 
        of the message; or
            ``(3) prints a complete copy of the applicable electronic 
        message, including a complete list of the recipients of such 
        message, and submits the message to the appropriate location or 
        individual for appropriate archival storage by the Executive 
        Office of the President within twenty days after the original 
        creation or transmission of the message.
    ``(b) Adverse Actions.--An intentional violation of subsection (a) 
(including any rules, regulations, or other implementing guidelines) by 
a covered employee, as determined by the appropriate supervisor, shall 
be forwarded to the Inspector General of the agency for a verification 
of the violation, and upon verification, shall be subject to the 
suspension and removal provisions under section 7552 of title 5.
    ``(c) Definitions.--In this section:
            ``(1) Covered employee.--The term `covered employee' 
        means--
                    ``(A) the immediate staff of the President;
                    ``(B) the immediate staff of the Vice President;
                    ``(C) an individual of the Executive Office of the 
                President whose function is to advise and assist the 
                President; or
                    ``(D) an individual of the Office of the Vice 
                President whose function is to advise and assist the 
                Vice President.
            ``(2) Electronic message.--The term `electronic message' 
        means electronic mail and all other means by which individuals 
        and groups may communicate with each other electronically.
            ``(3) Electronic messaging account.--The term `electronic 
        messaging account' means any account that sends an electronic 
        message.''.
    (b) Federal Records.--Section 2911 of title 44, United States Code 
is amended to read as follows:
``Sec. 2911. Disclosure requirement for official business conducted 
              using non-official electronic messaging accounts
    ``(a) In General.--An officer or employee of an executive agency 
may not create or send a record using a non-official electronic 
messaging account (in this section, referred to as `applicable 
electronic message') unless such officer or employee--
            ``(1) includes an official electronic messaging account of 
        the officer or employee as a recipient in the original creation 
        or transmission of the applicable electronic message and 
        identifies all recipients of the applicable electronic message 
        in such message;
            ``(2) forwards a complete copy of the applicable electronic 
        message, including a complete list of the recipients of such 
        message, to an official electronic messaging account of the 
        officer or employee within twenty days after the original 
        creation or transmission of the record; or
            ``(3) prints a complete copy of the applicable electronic 
        message, including a complete list of the recipients of such 
        message, and submits it to the appropriate location or 
        individual for appropriate archival storage by the executive 
        agency within twenty days after the original creation or 
        transmission of the message.
    ``(b) Adverse Actions.--An intentional violation of subsection (a) 
(including any rules, regulations, or other implementing guidelines) by 
an officer or employee of an executive agency, as determined by the 
appropriate supervisor, shall be forwarded to the Inspector General of 
the agency for a verification of the violation, and upon verification, 
shall be subject to the suspension and removal provisions under section 
7552 of title 5.
    ``(c) Definitions.--In this section:
            ``(1) Electronic message.--The term `electronic message' 
        means electronic mail and all other means by which individuals 
        and groups may communicate with each other electronically.
            ``(2) Electronic messaging account.--The term `electronic 
        messaging account' means any account that sends an electronic 
        message.''.
    (c) Technical Correction.--Section 2204(b)(2)(A) of title 44, 
United States Code, is amended by striking ``section 2203(d)(1)'' and 
inserting ``section 2203(g)(1)''.

SEC. 4. REPORTING OF THE LOSS OR POTENTIAL LOSS OF RECORDS.

    Section 3106 of title 44, United States Code, is amended to read as 
follows:
``Sec. 3106. Unlawful removal, destruction of records
    ``(a) Notification.--
            ``(1) Archivist and public notification.--Whenever the 
        actual, impending, or threatened unlawful concealment, removal, 
        mutilation, obliteration, falsification, or destruction of any 
        record, proceeding, map, book, document, paper, or other thing 
        in the custody of a Federal agency comes to the attention of 
        the head of the Federal agency, the head shall--
                    ``(A) notify the Archivist; and
                    ``(B) publish a general description of the records 
                at risk or that have been lost on the website of the 
                Federal agency.
            ``(2) Federal agency notification.--Whenever the actual, 
        impending, or threatened unlawful concealment, removal, 
        mutilation, obliteration, falsification, or destruction of any 
        record, proceeding, map, book, document, paper, or other thing 
        in the custody of a Federal agency comes to the attention of a 
        Senior Agency Official for Records Management, such official 
        shall immediately notify the head of the Federal agency.
    ``(b) Reclamation of Records.--With the assistance of the 
Archivist, the head of a Federal agency shall initiate action through 
the Attorney General for the recovery of records the head knows or has 
reason to believe have been unlawfully removed from the agency, or from 
another Federal agency whose records have been transferred to the legal 
custody of the head.
    ``(c) Action by the Archivist.--In any case in which the head of 
the Federal agency does not initiate an action for the recovery of 
records described in subsection (b) or other redress within a 
reasonable period of time after being notified of any such unlawful 
removal, the Archivist shall request the Attorney General to initiate 
an action described in subsection (b), and shall notify the Congress 
not later than 5 days after the date on which such a request has been 
submitted to the Attorney General.''.

SEC. 5. SENIOR AGENCY OFFICIAL FOR RECORDS MANAGEMENT.

    (a) Senior Agency Official.--Chapter 31 of title 44, United States 
Code, is amended by adding at the end the following new section:
``Sec. 3108. Senior Agency Official for Records Management
    ``(a) Designation.--Not later than October 1, 2016, the head of 
each Federal agency shall designate a Senior Agency Official for 
Records Management, and not later than November 15 of each year 
thereafter the head of each Federal agency shall reaffirm or designate 
a new Senior Agency Official for Records Management.
    ``(b) Authorities and Responsibilities.--The Senior Agency Official 
for Records Management shall--
            ``(1) be at least at the level of an Assistant Secretary or 
        the equivalent; and
            ``(2) be responsible for the coordinating with the 
        appropriate Agency Records Officer and appropriate agency 
        officials to ensure compliance with all applicable records 
        management statutes, regulations, and any guidance issued by 
        the Archivist.
    ``(c) Federal Agency Coordination.--In addition to the designation 
made pursuant to subsection (a), the head of a Federal agency may 
designate additional Senior Agency Officials for Records Management as 
the head of the agency determines to be necessary.''.
    (b) Technical and Conforming Amendment.--The table of sections at 
the beginning of chapter 31 of title 44, United States Code, is amended 
by adding at the end the following new item:

``3108. Senior Agency Official for Records Compliance.''.

SEC. 6. RETENTION OF ELECTRONIC CORRESPONDENCE.

    (a) Retention of Records of High Level Officials.--Section 3102 of 
title 44, United States Code, is amended--
            (1) in paragraph (2), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) the identification of electronic messaging accounts 
        (as defined in section 2911) that should be preserved because 
        such accounts are most likely to contain records that should be 
        preserved as permanent Federal records and the automatic 
        retention of those records, including the accounts of each head 
        of a Federal agency, the deputies and assistants of such head, 
        the head of each program office and staff office, each 
        assistant secretary, each administrator, each commissioner, 
        each director of an office, bureau, or the equivalent, each 
        principal regional official, each staff assistant to such 
        official (such as a special assistant, confidential assistant, 
        or administrative assistant), each career Federal employee, 
        each political appointee, and each member of the Armed Forces 
        serving in equivalent or comparable positions; and
            ``(5) electronic capture, management, and preservation of 
        the electronic messaging accounts (as defined in section 2911) 
        described in paragraph (4), in accordance with the records 
        disposal requirements of chapter 33 of this title such that--
                    ``(A) electronic records are readily accessible for 
                retrieval through electronic searches; and
                    ``(B) there are mandatory minimum functional 
                requirements for electronic records management systems 
                to ensure compliance with this section.''.
    (b) Review by the Comptroller General of the United States.--
Section 3107 of title 44, United States Code, is amended--
            (1) by striking ``Chapters 21'' and inserting ``(a) In 
        General.--Chapters 21''; and
            (2) by adding at the end the following:
    ``(b) Comptroller General Evaluation.--The Comptroller General 
shall evaluate and report to Congress not less than every two years on 
Federal agency management of electronic mail records required under 
paragraphs (4) and (5) of section 3102.''.
    (c) Review by Inspector General.--Section 4(a) of the Inspector 
General Act (5 U.S.C. App) is amended--
            (1) in paragraph (4), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(6) to review existing and proposed legislation and 
        regulations relating to records retention requirements under 
        the chapters 21, 29, 31, and 33 of title 44, United States Code 
        (commonly referred to as the Federal Records Act) for programs 
        and operations of such establishment and to make 
        recommendations in the semiannual reports required by section 
        5(a) concerning compliance with records retention 
        requirements.''.
    (d) Effective Date.--This section and the amendments made by this 
section shall take effect on December 31, 2017.

SEC. 7. FEDERAL REGISTER MODERNIZATION.

    (a) References to Printing.--Chapter 15 of title 44, United States 
Code, is amended--
            (1) in section 1502--
                    (A) in the heading, by striking ``printing'' and 
                inserting ``publishing''; and
                    (B) by striking ``printing and distribution'' and 
                inserting ``publishing'';
            (2) in section 1507 is amended--
                    (A) by striking ``the duplicate originals or 
                certified copies of the document have'' and inserting 
                ``the document has''; and
                    (B) in paragraph (2), by striking ``printed'' and 
                inserting ``published''; and
            (3) in section 1509, in subsections (a) and (b) of, by 
        striking ``printing, reprinting, wrapping, binding, and 
        distributing'' and inserting ``publishing'', each place it 
        appears.
    (b) Publish Defined.--Section 1501 of title 44, United States Code, 
is amended--
            (1) by striking ``; and'' at the end of the definition for 
        ``person'' and inserting a semicolon; and
            (2) by inserting after the definition for ``person'' the 
        following:
            ```publish' means to circulate for sale or distribution to 
        the public; and''.
    (c) Filing Documents With Office Amendment.--Section 1503 of title 
44, United States Code, is amended to read as follows:
``Sec. 1503. Filing documents with Office; notation of time; public 
              inspection; transmission for publishing
    ``The original document required or authorized to be published by 
section 1505 of this title shall be filed with the Office of the 
Federal Register for publication at times established by the 
Administrative Committee of the Federal Register by regulation. The 
Archivist of the United States shall cause to be noted on the original 
of each document the day and hour of filing. Upon filing, the document 
shall be immediately available for public inspection in the Office. The 
original shall be retained by the National Archives and Records 
Administration and shall be available for inspection under regulations 
prescribed by the Archivist, unless such original is disposed of in 
accordance with disposal schedules submitted by the Administrative 
Committee and authorized by the Archivist pursuant to regulations 
issued under chapter 33 of this title; however, originals of 
proclamations of the President and executive orders shall be 
permanently retained by the Administration as part of the National 
Archives of the United States. The Office shall transmit to the 
Government Publishing Office, as provided by this chapter, each 
document required or authorized to be published by section 1505 of this 
title. Every Federal agency shall cause to be transmitted for filing 
the original of all such documents issued, prescribed, or promulgated 
by the agency.''.
    (d) Federal Register Amendment.--Section 1504 of title 44, United 
States Code, is amended to read as follows:
``Sec. 1504. `Federal Register'; publishing; contents; distribution; 
              price
    ``Documents required or authorized to be published by section 1505 
of this title shall be published immediately by the Government 
Publishing Office in a serial publication designated the `Federal 
Register'. The Director of the Government Publishing Office shall make 
available the facilities of the Government Publishing Office for the 
prompt publication of the Federal Register in the manner and at the 
times required by this chapter and the regulations prescribed under it. 
The contents of the daily issues shall constitute all documents, 
required or authorized to be published, filed with the Office of the 
Federal Register up to the time of the day immediately preceding the 
day of publication fixed by regulations under this chapter. There shall 
be published with each document a copy of the notation, required to be 
made by section 1503 of this title, of the day and hour when, upon 
filing with the Office, the document was made available for public 
inspection. Distribution shall be made at a time in the morning of the 
day of distribution fixed by regulations prescribed under this chapter. 
The prices to be charged for the Federal Register may be fixed by the 
Administrative Committee of the Federal Register established by section 
1506 of this title without reference to the restrictions placed upon 
and fixed for the sale of Government publications by sections 1705 and 
1708 of this title.''.
    (e) Documents To Be Published in Federal Register.--Section 1505 of 
title 44, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in the heading, by striking ``Comments'' and 
                inserting ``News Commentary''; and
                    (B) by striking ``comments'' and inserting ``news 
                commentary''; and
            (2) in subsection (c), in the matter following paragraph 
        (2)--
                    (A) by inserting ``telecommunications, the 
                Internet,'' after ``the press, the radio,''; and
                    (B) by striking ``and two duplicate originals or 
                two certified copies'' and inserting ``document''.
    (f) Administrative Committee of the Federal Register Amendment.--
Section 1506 of title 44, United States Code, is amended to read as 
follows:
``Sec. 1506. Administrative Committee of the Federal Register; 
              establishment and composition; powers and duties
    ``The Administrative Committee of the Federal Register shall 
consist of the Archivist of the United States or Acting Archivist, who 
shall chair the committee, an officer of the Department of Justice 
designated by the Attorney General, and the Director of the Government 
Publishing Office or Acting Director of the Government Publishing 
Office. The Director of the Federal Register shall act as secretary of 
the committee. The committee shall prescribe, with the approval of the 
President, regulations for carrying out this chapter. The regulations 
shall provide for, among other things--
            ``(1) the documents which shall be authorized under section 
        1505(b) of this title to be published in the Federal Register;
            ``(2) the manner and form in which the Federal Register 
        shall be published;
            ``(3) the manner of distribution to Members of Congress, 
        officers and employees of the United States, or Federal agency, 
        for official use, and the number which shall be available for 
        distribution to the public;
            ``(4) the prices to be charged for individual copies of, 
        and subscriptions to, the Federal Register and any reprints and 
        bound volumes of it;
            ``(5) the manner and form by which the Federal Register may 
        receive information and comments from the public, if 
        practicable and efficient; and
            ``(6) special editions of the Federal Register.''.
    (g) Code of Federal Regulations Amendment.--Section 1510 of title 
44, United States Code, is amended to read as follows:
``Sec. 1510. Code of Federal Regulations
    ``(a) Special Edition for Codification of Agency Documents.--The 
Administrative Committee of the Federal Register, with the approval of 
the President, may require, from time to time as it considers 
necessary, the preparation and publication in a special edition of the 
Federal Register a complete codification of the documents of each 
agency of the Government having general applicability and legal effect, 
issued or promulgated by the agency by publication in the Federal 
Register or by filing with the Administrative Committee, and which are 
relied upon by the agency as authority for, or are invoked or used by 
it in the discharge of, its activities or functions, and are in effect 
as to facts arising on or after dates specified by the Administrative 
Committee.
    ``(b) Code of Federal Regulations.--A codification prepared under 
subsection (a) of this section shall be published and shall be 
designated as the `Code of Federal Regulations'. The Administrative 
Committee shall regulate the manner and forms of publishing this 
codification.
    ``(c) Supplementation, Collation, and Republication.--The 
Administrative Committee shall regulate the supplementation and the 
collation and republication of the codification with a view to keeping 
the Code of Federal Regulations as current as practicable. Each unit of 
codification shall be supplemented and republished at least once each 
calendar year. The Office of the Federal Register may create updates of 
each unit of codification from time to time and make the same available 
electronically or may provide public access using an electronic edition 
that allows a user to select a specific date and retrieve the version 
of the codification in effect as of that date.
    ``(d) Preparation and Publication by the Federal Register.--The 
Office of the Federal Register shall prepare and publish the 
codifications, supplements, collations, and user aids authorized by 
this section.
    ``(e) Prima Facie Evidence.--The codified documents of the several 
agencies published in the Code of Federal Regulations under this 
section, as amended by documents subsequently filed with the Office and 
published in the daily issues of the Federal Register, shall be prima 
facie evidence of the text of the documents and of the fact that they 
are in effect on and after the date of publication.
    ``(f) Regulations.--The Administrative Committee, with approval of 
the President, shall issue regulations for carrying out this section.
    ``(g) Exception.--This section does not require codification of the 
text of Presidential documents published and periodically compiled in 
supplements to title 3 of the Code of Federal Regulations.''.
    (h) Technical and Conforming Amendments.--The table of sections for 
chapter 15 of title 44, United States Code, is amended by striking the 
items related to sections 1502, 1503, and 1504 and inserting the 
following:

``1502. Custody and publishing of Federal documents; appointment of 
                            Director.
``1503. Filing documents with Office; notation of time; public 
                            inspection; transmission for publishing.
``1504. `Federal Register'; publishing; contents; distribution; 
                            price.''.

SEC. 8. STATUTORY PROTECTION FOR NATIONAL ARCHIVES AND RECORDS 
              ADMINISTRATION VOLUNTEERS.

    Section 2105(d) of title 44, United States Code is amended by 
adding at the end the following new sentence: ``An individual who 
provides voluntary and uncompensated service under this subsection 
shall not be considered an employee, except for purposes of chapter 81 
of title 5 (relating to compensation for injury), sections 2671 through 
2680 of title 28 (relating to tort claims), and section 3721 of title 
31 (related to damage or loss of personal property incident to 
volunteer service).''.
                                                 Union Calendar No. 591

114th CONGRESS

  2d Session

                               H. R. 5709

                          [Report No. 114-759]

_______________________________________________________________________

                                 A BILL

 To improve Federal employee compliance with Federal and Presidential 
          recordkeeping requirements, and for other purposes.

_______________________________________________________________________

                           September 19, 2016

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed