[Congressional Record (Bound Edition), Volume 160 (2014), Part 10]
[House]
[Pages 14828-14832]
[From the U.S. Government Publishing Office, www.gpo.gov]




               FEDERAL RECORDS ACCOUNTABILITY ACT OF 2014

  Mr. MEADOWS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5170) to improve Federal employee compliance with the 
Federal and Presidential recordkeeping requirements, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5170

       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 Accountability Act of 2014''.

[[Page 14829]]

       (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 Compliance.
Sec. 6. Preservation of electronic messages and other records.
Sec. 7. Presidential records.
Sec. 8. Retention of electronic correspondence.

     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) 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 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 verifies a violation under section 2208 or 
     2911 of title 44, the Inspector General shall promptly inform 
     the head of the agency of that determination in writing.
       ``(b) Suspension.--Notwithstanding any other provision of 
     law, 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 2208 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 Act.--Chapter 22 of title 44, 
     United States Code is amended by adding at the end the 
     following new section:

     ``Sec. 2208. 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 fifteen 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 fifteen 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.--Chapter 29 of title 44, United States 
     Code is amended by adding at the end the following new 
     section:

     ``Sec. 2911. Disclosure requirement for official business 
       conducted using non-official electronic messaging accounts

       ``(a) In General.--An officer or employee of a Federal 
     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 fifteen 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 Federal 
     agency within fifteen 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 a 
     Federal 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.''.

[[Page 14830]]

       (c) Technical and Conforming Amendments.--
       (1) Chapter 22.--The table of sections at the beginning of 
     chapter 22 of title 44, United States Code, is amended by 
     adding at the end the following new item:

``2208. Disclosure requirement for official business conducted using 
              non-official electronic messaging accounts.''.
       (2) Chapter 29.--The table of sections at the beginning of 
     chapter 29 of title 44, United States Code, is amended by 
     adding at the end the following new item:

``2911. Disclosure requirement for official business conducted using 
              non-official electronic messaging accounts.''.

     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 an agency comes to 
     the attention of the head of the Federal agency, the head of 
     the agency 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 agency.
       ``(2) 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 an agency comes to the attention of a Senior 
     Agency Official for Records Management, such official shall 
     immediately notify the head of the 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 such 
     head.
       ``(c) Action by the Archivist.--In any case in which the 
     head of the 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 COMPLIANCE.

       (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 Compliance

       ``(a) Designation.--Not later than November 15, 2014, 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. PRESERVATION OF ELECTRONIC MESSAGES AND OTHER 
                   RECORDS.

       (a) Requirement for Preservation of Electronic Messages.--
     Chapter 29 of title 44, United States Code, as amended by 
     section 3(b), is further amended by adding at the end the 
     following new section:

     ``Sec. 2912. Preservation of electronic messages and other 
       records

       ``(a) Regulations Required.--Not later than 18 months after 
     the date of the enactment of this section, the Archivist 
     shall promulgate regulations governing Federal agency 
     preservation of electronic messages that are determined to be 
     records (as such term is defined under section 3301 of this 
     title). Such regulations shall, at a minimum--
       ``(1) require the electronic capture, management, and 
     preservation of such electronic records in accordance with 
     the records disposition requirements of chapter 33 of this 
     title;
       ``(2) require that such electronic records are readily 
     accessible for retrieval through electronic searches;
       ``(3) establish mandatory minimum functional requirements 
     for electronic records management systems to ensure 
     compliance with the requirements in paragraphs (1) and (2);
       ``(4) establish a process to certify that Federal agencies' 
     electronic records management systems meet the functional 
     requirements established under paragraph (3); and
       ``(5) include timelines for Federal agency compliance with 
     the regulations that ensure compliance as expeditiously as 
     practicable but not later than 2 years after the date of the 
     enactment of this section.
       ``(b) Coverage of Other Electronic Records.--To the extent 
     practicable, the regulations promulgated under subsection (a) 
     shall also include requirements for the capture, management, 
     and preservation of other electronic records.
       ``(c) Compliance by Federal Agencies.--Each Federal agency 
     shall comply with the regulations promulgated under 
     subsection (a).
       ``(d) Review of Regulations Required.--The Archivist shall 
     periodically review and, as necessary, amend the regulations 
     promulgated under subsection (a).
       ``(e) Reports on Implementation of Regulations.--
       ``(1) Agency report to archivist.--Not later than 3 years 
     after the date of the enactment of this section, the head of 
     each Federal agency shall submit to the Archivist a report on 
     the agency's compliance with the regulations promulgated 
     under this section.
       ``(2) Archivist report to congress.--Not later than 90 days 
     after receipt of all reports required by paragraph (1), the 
     Archivist shall submit to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report on Federal agency compliance with 
     the regulations promulgated under subsection (a).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 29 of title 44, United States Code, as 
     amended by section 3(c)(2), is further amended by adding 
     after the item relating to section 2911 the following new 
     item:

``2912. Preservation of electronic messages and other records.''.
       (c) Definitions.--Section 2901 of title 44, United States 
     Code, is amended--
       (1) by striking ``and'' at the end of paragraph (14); and
       (2) by striking paragraph (15) and inserting the following 
     new paragraphs:
       ``(15) the term `electronic messages' means electronic mail 
     and other electronic messaging systems that are used for 
     purposes of communicating between individuals; and
       ``(16) the term `electronic records management system' 
     means software designed to manage electronic records, 
     including by--
       ``(A) categorizing and locating records;
       ``(B) ensuring that records are retained as long as 
     necessary;
       ``(C) identifying records that are due for disposition; and
       ``(D) ensuring the storage, retrieval, and disposition of 
     records.''.

     SEC. 7. PRESIDENTIAL RECORDS.

       (a) Additional Regulations Relating to Presidential 
     Records.--
       (1) In general.--Section 2206 of title 44, United States 
     Code, is amended--
       (A) by striking ``and'' at the end of paragraph (3);
       (B) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) provisions for establishing standards necessary for 
     the economical and efficient management of electronic 
     Presidential records during the President's term of office, 
     including--
       ``(A) records management controls necessary for the 
     capture, management, and preservation of electronic messages;
       ``(B) records management controls necessary to ensure that 
     electronic messages are readily accessible for retrieval 
     through electronic searches; and
       ``(C) a process to certify the electronic records 
     management system to be used by the President for the 
     purposes of complying with the requirements in subparagraphs 
     (A) and (B).''.
       (2) Definitions.--Section 2201 of title 44, United States 
     Code, is amended by adding at the end the following new 
     paragraphs:
       ``(6) The term `electronic messages' has the meaning given 
     that term under section 2901(15) of this title.
       ``(7) The term `electronic records management system' has 
     the meaning given that term under section 2901(16) of this 
     title.''.
       (b) Certification of President's Management of Presidential 
     Records.--
       (1) Certification required.--Chapter 22 of title 44, United 
     States Code, as amended by section 3(a), is further amended 
     by adding at the end the following new section:

[[Page 14831]]



     ``Sec. 2209. Certification of the President's management of 
       Presidential records

       ``(a) Annual Certification.--The Archivist shall annually 
     certify whether the electronic records management controls 
     established by the President meet requirements under sections 
     2203(a) and 2206(5) of this title.
       ``(b) Report to Congress.--The Archivist shall report 
     annually to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives on the status of the certification.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 22 of title 44, United States Code, as 
     amended by section 3(c)(1), is further amended by adding at 
     the end the following new item:

``2209. Certification of the President's management of Presidential 
              records.''.
       (c) Report to Congress.--Section 2203(f) of title 44, 
     United States Code, is amended by adding at the end the 
     following:
       ``(4) One year following the conclusion of a President's 
     term of office, or if a President serves consecutive terms 
     one year following the conclusion of the last term, the 
     Archivist shall submit to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report on--
       ``(A) the volume and format of electronic Presidential 
     records deposited into that President's Presidential archival 
     depository; and
       ``(B) whether the electronic records management controls of 
     that President met the requirements under subsection (a) and 
     section 2206(5) of this title.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect one year after the date of the enactment of 
     this Act.

     SEC. 8. 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, and 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 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, 2016.

  The SPEAKER pro tempore (Mr. Bentivolio). Pursuant to the rule, the 
gentleman from North Carolina (Mr. Meadows) and the gentleman from 
Maryland (Mr. Cummings) each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina.


                             General Leave

  Mr. MEADOWS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous materials on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  Mr. MEADOWS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, compliance with the Federal Records Act and the 
Presidential Records Act is vital in preserving the history of our 
government and ensuring its continued transparency.
  Unfortunately, too frequently of late, Congress has heard examples of 
agencies and individuals failing to comply with the basic provisions of 
Federal recordkeeping law. The most recent illustration is the IRS 
which, according to the Archivist of the United States, failed to 
follow the law by not disclosing the potential loss of Federal records 
relating to Lois Lerner.
  In another instance, the Oversight Committee learned that the then-
Assistant Attorney General Tom Perez used his personal email account 
almost 1,200 times over a 4-year period to conduct official business. 
We should not tolerate this type of behavior.
  Democracy requires transparency, Mr. Speaker. The public has a right 
to know the actions their government takes on their behalf. This 
principle of a right to know has been enshrined in numerous statutes at 
the Federal, State, and local levels. These include open meeting laws, 
Freedom of Information Act processes, and records laws.
  At the national level, two bedrock transparency laws are the Federal 
Records Act and the Presidential Records Act. Together, these two laws 
ensure that our Nation's key documents, whether they be emails, maps, 
agendas, microfilm, or any other type of media, are preserved, 
sometimes in perpetuity, as a clear record of the government's 
operation and decisionmaking process.
  Unfortunately, in recent weeks, particularly in relation to the 
events at the IRS surrounding the loss of Lois Lerner's emails, it is 
clear that records laws are not being followed appropriately by 
agencies and their employees.
  The Archivist of the United States in testimony before this committee 
on June 24 stated that the IRS ``did not follow the law'' in failing to 
notify him of the potential loss of Federal records of Lois Lerner's 
hard drive.
  Records can be lost due to ignorance, inattention, or intentional 
malice. We should not tolerate any of these excuses, but the 
intentional destruction of records, Mr. Speaker, in particular, is a 
criminal act, and Federal employees found to have committed such a 
crime should be fired.
  I am pleased that today we are considering the Federal Records 
Accountability Act of 2014, a bill I was proud to introduce. This 
commonsense legislation will make a number of reforms to better hold 
Federal employees accountable to the requirements of the Federal 
Records Act and the Presidential Records Act.
  Specifically, the bill creates a process requiring agencies to fire 
employees who have been found to have ``willfully and unlawfully'' 
altered, removed, or destroyed a Federal record.
  The bill bars Federal employees from using nonofficial emails and 
other electronic messaging accounts to conduct official business, 
unless that communication is disclosed in full within 15 days to the 
government. Failure to do so would be considered a ``willful and 
unlawful'' destruction of Federal records and subject the employee to 
termination.
  Mr. Speaker, additionally, the legislation will require agencies to 
disclose on their Web site notices indicating an actual, impending, or 
threatened loss of Federal records. This expands the current law 
mandate that agencies

[[Page 14832]]

only inform the Archivist, the mandate recently ignored by the IRS.
  This bill also requires agencies to appoint or reconfirm a senior 
agency official for records management. This individual would be 
responsible for ensuring full agency compliance with records laws, and 
Congress will be able to hold them directly accountable for 
noncompliance.
  Additionally, thanks to an amendment from my good friend, the ranking 
member, Mr. Cummings, this bill will require agencies to preserve their 
electronic records in an electronic format. This reform will end the 
absurd and yet all too common practice in which agencies require emails 
and other electronic records to be manually printed out for long-term 
storage and instead save them on a hard drive.
  Finally, thanks to efforts by Ms. Speier and Mr. DeSantis, the bill 
will require agencies to automatically capture all official emails, 
instant messages, tweets, and other electronic communications by senior 
agency officials, their assistants, and other officials likely to come 
into regular digital contact with a large number of Federal records.
  This process will dramatically improve transparency at the most 
senior levels of government by starting with the presumption that 
electronic messages are Federal records instead of the current process 
under which officials self-select what constitutes a record.
  Collectively, the reforms in H.R. 5170 will send a powerful message 
that transparency and faithful recordkeeping are priorities of our 
government.
  Mr. Speaker, I urge my colleagues to support this bill, and I reserve 
the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.

                              {time}  2045

  Mr. Speaker, I rise in strong support of this bill and I want to 
thank Representative Mark Meadows for his hard work on this bill.
  This bill would make the Federal Government's records more 
transparent. This bill includes the language of a bill I introduced, 
the Electronic Message Preservation Act. That portion of the 
legislation would require the Archivist of the United States to issue 
regulations mandating that within 2 years of enactment all Federal 
agencies manage and preserve their email records electronically.
  The bill would also direct the Archivist to establish standards for 
the preservation and management of electronic Presidential records and 
to annually certify that the White House has records management 
controls in place that meet those standards. Under this bill, the 
Archivist must report 1 year after the President leaves office on 
whether the controls used by the President met the required standards.
  This amendment would move agencies out of the arcane print-and-file 
recordkeeping systems that many of them still use, a system which can 
lead to records getting lost or not being turned over in response to 
requests.
  This bill also includes an amendment offered by my colleague 
Representative Jackie Speier during the committee markup. The Speier 
amendment would provide a clearer standard for agencies to follow with 
regard to which records had to be kept and for how long. Under this 
approach, the records of senior agency officials would be kept 
permanently.
  This bill also provides procedures for agencies to follow if an 
employee intentionally destroys records. Under this bill, employees 
will be held accountable and they will also receive the same due 
process rights that they have under current law.
  There are a couple of issues with this bill that I would like to 
flag. One concern that has been raised is that the bill could have the 
unintended consequence of encouraging Federal employees to save every 
email. Under current law, the National Archives works with agencies to 
establish schedules that define how long an agency has to keep 
categories of records.
  Agencies can't save everything forever or the volume would be so 
overwhelming we wouldn't be able to sort out important information from 
junk. We should evaluate this concern and just ensure that we aren't 
creating unintended consequences.
  Another concern that has been raised with this bill is that, in 
attempts to restrict the manner in which the President and Vice 
President create records, the bill says the President and Vice 
President or a covered employee may not create or send a Presidential 
or Vice Presidential record using a nonofficial electronic messaging 
account unless the President or Vice President or covered employee 
takes certain steps. Those steps include copying an official email 
account, forwarding a copy of the email to an official account, or 
printing the email and properly archiving it.
  The Presidential Records Act already requires the President, the Vice 
President, and their immediate staff to preserve their records. I think 
we should just make sure that we are not crossing the line in the 
requirements for the President and the Vice President. I believe those 
two concerns should be evaluated and addressed if this bill is 
considered in the Senate.
  Again, I strongly support this bill and urge my colleagues to support 
it.
  With that, I yield back the balance of my time.
  Mr. MEADOWS. Mr. Speaker, I yield myself such time as I may consume.
  As we look at this particular piece of legislation, the real genesis 
of this came from very troubling testimony that a number of us on both 
sides of this aisle heard in hearing after hearing. It was not one 
agency. It has been a plethora of agencies that seem to have 
communication that is going on, Mr. Speaker, on a regular basis that is 
not being preserved.
  Now, part of this is accountability; part of this is historical. Can 
you imagine what our Founding Fathers would do if they had communicated 
to one another and never preserved the letter or the communication that 
had taken place between them? What would our history be? It would be 
filled with a number of holes. So, from a historical perspective, we 
have the real duty to require it for our children and our grandchildren 
to understand what goes on in government.
  But, from an accountability standpoint, I think that is where most 
Americans are focusing these days, Mr. Speaker. They don't understand 
why we continue to lose email after email, while there seems to be hard 
drive problems at the IRS that transcend all logical comprehension of 
why so many hard drives would have failed. I have a hard time 
understanding that as well.
  Regardless of those issues, if we enact this particular bill--and I 
thank the ranking member from Maryland because he has, indeed, with his 
amendment made this bill better. It is stronger, and I thank him for 
his support. Because when we work together in a bipartisan way to make 
sure that these records are kept, it not only preserves it for 
historical purposes, but it starts to build back the foundation, block 
by block, layer by layer, where the American people can once again 
trust their government.
  I think it is time, Mr. Speaker, that we take this act and make it 
into law. So I encourage my colleagues to support this. I urge them to 
support this bill, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from North Carolina (Mr. Meadows) that the House suspend the 
rules and pass the bill, H.R. 5170, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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