[House Report 114-759]
[From the U.S. Government Publishing Office]


114th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      114-759

======================================================================



 
               FEDERAL RECORDS MODERNIZATION ACT OF 2016

                                _______
                                

 September 19, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Chaffetz, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5709]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 5709) to improve Federal employee 
compliance with Federal and Presidential recordkeeping 
requirements, and for other purposes, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     2
Section-by-Section...............................................     4
Explanation of Amendments........................................     5
Committee Consideration..........................................     5
Roll Call Votes..................................................     5
Application of Law to the Legislative Branch.....................     6
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     6
Statement of General Performance Goals and Objectives............     6
Duplication of Federal Programs..................................     6
Disclosure of Directed Rule Makings..............................     6
Federal Advisory Committee Act...................................     6
Unfunded Mandate Statement.......................................     6
Earmark Identification...........................................     6
Committee Estimate...............................................     7
Budget Authority and Congressional Budget Office Cost Estimate...     7
Changes in Existing Law Made by the Bill, as Reported............     8

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    H.R. 5709, the Federal Records Modernization Act, makes a 
number of updates to the Federal Records Act (FRA) to provide 
penalties for federal record destruction, improve recordkeeping 
accountability, reform the Federal Register, and make other 
technical improvements. H.R. 5709 will allow agencies to 
suspend without pay employees that an Inspector General has 
found to have willfully and unlawfully altered, removed, or 
destroyed a federal record. The bill will also prohibit federal 
employees from using personal e-mails or other electronic 
communication tools to conduct official business as a way of 
circumventing federal recordkeeping laws. Additionally, the 
legislation requires federal agencies to disclose on their 
websites notices indicating an actual, impending, or threatened 
loss of federal records.

                  BACKGROUND AND NEED FOR LEGISLATION

    In recent years, deficiencies in records management at 
federal agencies have been well-documented by the agency 
Inspectors General and the National Archives and Records 
Administration (Archives).\1\ There are a number of laws in 
place aimed at ensuring adequate recordkeeping. Specifically, 
the Presidential Records Act (PRA) and the FRA work together to 
ensure that our nation's records--defined as ``all books, 
papers, maps, photographs, machine readable materials, or other 
documentary materials, regardless of physical form or 
characteristics . . . in connection with the transaction of 
public business''--are preserved, sometimes in perpetuity, as a 
clear record of the government's operation and decision making 
processes.\2\
---------------------------------------------------------------------------
    \1\Office of Inspector General, U.S. Department of State, Review of 
State Messaging and Archive Retrieval Toolset and Record Email (March 
2015), available at: https://oig.state.gov/system/files/isp-i-15-
15.pdf.
    \2\44 U.S.C. Sec. 3301.
---------------------------------------------------------------------------
    Considering the federal government's reliance on electronic 
and information technology systems, most of the records 
generated by federal agencies today are ``born digital,'' 
meaning they are not produced in a tangible, paper-based 
format. ``Born-digital'' records are ``machine-readable, 
electronic records--whether produced via e-mail, word 
processing, social media, websites, databases, or other 
applications.''\3\ As the federal government moves away from 
paper-based records and toward ``born digital'' records, H.R. 
5709 presents an opportunity to ensure that the policies and 
processes governing the federal government's maintenance of 
records is modernized to reflect current technology.
---------------------------------------------------------------------------
    \3\Congressional Research Service, Retaining and Preserving Federal 
Records in a Digital Environment: Background and Issues for Congress 
(July 2013).
---------------------------------------------------------------------------

Prohibiting the unauthorized alteration, removal, or destruction of 
        federal records

    H.R. 5709, the Federal Records Modernization Act will go 
further than the current PRA and FRA to better prevent and 
detect the alteration, removal, or improper destruction of 
federal records. Under the current system, Archives is directed 
to prescribe procedures to prevent the unauthorized removal, 
damage, or destruction of records, but the statute provides 
little accountability over violations of both the PRA and the 
FRA.\4\ H.R. 5709 will address this problem by allowing 
agencies to suspend employees without pay if their agency's 
Inspector General has found the employee willfully and 
unlawfully altered, removed, or destroyed a federal record. 
H.R. 5709 will also increase transparency by requiring agencies 
to disclose on their websites notices indicating an actual, 
impending, or threatened loss of federal records.
---------------------------------------------------------------------------
    \4\Pub. L. No. 113-187 (2014).
---------------------------------------------------------------------------

Automatic preservation of senior officials' emails

    Importantly, the legislation also includes a provision to 
require automation of the preservation of senior officials' 
emails. As the federal government shifts away from a ``print-
to-file'' regime for federal recordkeeping, electronic 
preservation in many cases is still fully reliant on 
affirmative actions by individuals for records to be preserved. 
The need for an affirmative action makes it easier for records 
to be accidentally or deliberately destroyed. To address this 
issue, the legislation specifically requires agencies to 
identify senior officials whose email is the most likely to 
contain federal records and ensure those accounts are 
automatically and fully preserved.

Federal Register modernization

    The Federal Register Act was enacted in 1935 with the 
purpose of creating a comprehensive source for distributing all 
agency promulgated rules and regulations. The first issue of 
the Federal Register was published in 1936.\5\ As the Federal 
Register expanded, it adapted its methods of records 
preservation, adopting new methods of printing with the 
emergence of the latest technology. In the 1970s, the Office of 
the Federal Register (OFR) stopped manually cutting and pasting 
the manuscript, shifting to electronic photo-composition 
technology.\6\ By the 1980s, each staff member at the OFR had 
their own computer, and by 1994 the Federal Register was 
published in an electronic format.\7\ Now, complete editions of 
the Federal Register are readily available on the Internet at 
federalregister.gov.\8\
---------------------------------------------------------------------------
    \5\A Research Guide to the Federal Register and the Code of Federal 
Regulations, Law Librarians' Society of Washington, D.C. (June 2016) 
available at: http://www.llsdc.org/fr-cfr-research-guide.
    \6\Id.
    \7\Id.
    \8\About Us, Federal Register, www.federalregister.gov/blog/policy/
about-us (last visited August 18, 2016). 9 Letter from David S. 
Ferriero, Archivist, NARA, to John Boehner, Speaker, House of 
Representatives, (Nov. 12, 2013).
---------------------------------------------------------------------------
    To help further modernize the Federal Register, the 
Archivist of the United States requested the language in 
section seven of the bill ``to take advantage of modern 
technology and improve efficiency'' and allow OFR to ``increase 
interaction with the public and improve interoperability with 
other federal systems dealing with agency rulemaking.''

                          LEGISLATIVE HISTORY

    On July 11, 2016, Representative Mark Meadows (R-NC), 
introduced H.R. 5709, the Federal Records Modernization Act, 
which was referred to the House Committee on Oversight and 
Government Reform. On July 12, 2016, H.R. 5709 was ordered 
reported by voice vote.
    In 2014, Representative Meadows introduced H.R. 5170, the 
Federal Records Accountability Act, which contained many of the 
provisions included in H.R. 5709. H.R. 5170 passed the House on 
September 16, 2014 by voice vote.

                           Section-by-Section


Section 1. Short title; Table of contents

    Designates the short title of the bill as the ``Federal 
Records Modernization Act of 2016.''

Section 2. Removal for deliberate destruction of Federal records

    Creates ``Subchapter VI--Federal Records'' in Chapter 75 of 
title 5, United States Code. Directs the head of an agency to 
suspend without pay an employee the Inspector General has found 
to have willfully and unlawfully altered, removed, or destroyed 
a federal record. Permits the employee 15 days to submit 
information to the head of an agency to show why the employee 
should be restored to duty. After the 15-day period, requires 
the head of an agency to remove the suspended employee if--
after investigation and review--the agency head determines the 
employee did willfully and unlawfully alter, remove, or destroy 
a federal record. Authorizes the employee to appeal a removal 
decision to the Merit Systems Protection Board.

Section 3. Use of non-official electronic messaging accounts

    Subsection (a) amends the Presidential Records Act to 
prohibit covered individuals from creating or transmitting a 
Presidential record using a non-official electronic messaging 
account unless the applicable individual includes an official 
account of the same individual as a recipient of the message, 
or if the message is electronically forwarded to the applicable 
individual's official account within 20 days, or if the message 
is printed and submitted for proper archival storage within 20 
days. Requires that failure to disclose use of non-official 
electronic messaging accounts for official use be considered 
destruction of a federal record and subject to Subchapter VI of 
Chapter 75 as created by section 2 of the bill. Defines covered 
employee, electronic message, and electronic messaging account.
    Subsection (b) amends the Federal Records Act to prohibit 
individuals covered by the Federal Records Act from creating or 
transmitting a federal record using a non-official electronic 
messaging account unless the individual includes an official 
account of the same individual as a recipient of the message, 
or the message is electronically forwarded to the individual's 
official account within 20 days, or the message is printed and 
submitted for proper archival storage within 20 days. Sets a 
requirement that failure to disclose use of non-official 
electronic messaging accounts is to be considered destruction 
of a federal record and subject to Subchapter VI of Chapter 75 
as created by section 1 of the bill. Defines covered employee, 
electronic message, and electronic messaging account.

Section 4. Reporting of the loss or potential loss of records

    Requires federal agency heads made aware that records have 
been, or may be, lost, altered, or destroyed, to publish a 
general description of the affected records on the website of 
the agency.

Section 5. Senior Agency Official for Records compliance

    Requires the head of each federal agency to designate or 
reconfirm each year a Senior Agency Official for Records 
Management. Requires the designated official to be at least at 
the level of an Assistant Secretary or its equivalent, and to 
be responsible for ensuring agency compliance with all 
applicable recordkeeping statutes and regulations.

Section 6. Retention of electronic correspondence

    Requires the identification and automatic preservation of 
electronic messaging accounts (as defined in section 2911) that 
are most likely to contain permanent federal records, including 
the accounts of Federal agency heads, deputies and assistants 
of those heads, program office heads, and officials in other 
significant positions.
    Requires the Government Accountability Office to evaluate 
and report to Congress every two years on Federal agency 
management of electronic mail preservation required by this 
section.
    Amends the Inspector General Act to direct Inspectors 
General to make recommendations in semiannual reports 
concerning compliance with record retention requirements as 
necessary.

Section 7. Federal Register modernization

    Amends the Federal Register Act, Chapter 15 of title 44 of 
the United States Code, by replacing all references to 
``print'' with ``publish'' and defining publish as circulate or 
distribute. Eliminates the requirement that agencies provide 
multiple copies of documents submitted to the Federal Register.

Section 8. Statutory protection for National Archives and Records 
        Administration volunteers

    Amends title 44 to provide protections relating to 
compensation for injury, tort claims, and damage or loss of 
personal property for volunteers at the National Archives and 
Records Administration.

                       Explanation of Amendments

    No amendments to H.R. 5709 were offered or adopted during 
Full Committee consideration of the bill.

                        Committee Consideration

    On July 12, 2016 the Committee met in open session and 
ordered reported favorably the bill, H.R. 5709, by voice vote 
vote, a quorum being present.

                            Roll Call Votes

    No roll call votes were requested or conducted during Full 
Committee consideration of H.R. 5709.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill improves Federal employee compliance with Federal and 
Presidential recordkeeping requirements. As such this bill does 
not relate to employment or access to public services and 
accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goal or objective of this bill is to improve Federal employee 
compliance with Federal and Presidential recordkeeping 
requirements.

                    Duplication of Federal Programs

    No provision of this bill establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting this bill does not 
direct the completion of any specific rule makings within the 
meaning of 5 U.S.C. 551.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported include unfunded 
mandates. In compliance with this requirement the Committee has 
received a letter from the Congressional Budget Office included 
herein.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of Rule XXI.

                           Committee Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
this bill. However, clause 3(d)(2)(B) of that Rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for this bill from the Director of 
Congressional Budget Office:

                                                 September 9, 2016.
Hon. Jason Chaffetz,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5709, the Federal 
Records Modernization Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 5709--Federal Records Modernization Act of 2016

    H.R. 5709 would amend federal laws regarding the management 
of federal records. Specifically, the legislation would 
establish new procedures for suspending and removing federal 
employees who inappropriately destroy federal records, modify 
federal employees' authority to use nonfederal accounts for 
electronic messaging for work purposes, and require the 
Government Accountability Office (GAO) and Inspector Generals 
(IGs) to prepare evaluations and reports concerning the use of 
electronic records. H.R. 5709 also would require each federal 
agency to designate a senior official to oversee records 
management including requirements for retaining and storing 
those records. Finally, under H.R. 5709, the federal government 
would no longer require that the Federal Register and the Code 
of Federal Regulations (CFR) be made available in hard copy.
    Most of the provisions of the bill would codify and expand 
current practices of the federal government. For example, the 
Federal Records Act requires each agency to make and preserve 
records of its activities, and executive orders and 
Presidential memoranda have directed all agencies, including 
the National Archives and Records Administration (NARA), to 
better manage their records.
    Based on information from the NARA, the Government Printing 
Office, and selected agencies, CBO expects that agencies, GAO, 
and IGs governmentwide would incur additional administrative 
costs under H.R. 5709 totaling less than $40,000 annually per 
agency, primarily to meet the bill's reporting requirements. In 
total, CBO estimates those activities would cost about $5 
million over the 2017-2021 period; most such spending would be 
subject to appropriation. CBO expects that enacting the bill 
would not significantly affect costs to print the Federal 
Register and the CFR since most spending related to those 
documents stems from preparing content, not printing and 
duplication.
    In addition, H.R. 5709 would increase both direct spending 
and revenues; therefore, pay-as-you-go procedures apply. In 
particular, the bill could affect administrative costs of 
agencies not funded through annual appropriations, but CBO 
expects that any resulting increases in direct spending would 
be insignificant. In addition, H.R. 5709 could increase 
revenues from civil and criminal fines that are imposed on 
federal employees who improperly destroy federal records. 
Because relatively few cases would probably arise, CBO 
estimates that any increase in revenues and associated direct 
spending would not be significant in any year.
    CBO estimates that enacting H.R. 5709 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 5709 would not impose intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would impose no cost on state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Theresa Gullo, Assistant 
Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *


PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART F--LABOR-MANAGEMENT AND EMPLOYEE RELATIONS

           *       *       *       *       *       *       *


                      CHAPTER 75--ADVERSE ACTIONS

               SUBCHAPTER I--SUSPENSION OF 14 DAYS OR LESS

Sec.
7501. Definitions.
     * * * * * * *

                     SUBCHAPTER VI--FEDERAL RECORDS

7551. Definitions.
7552. Suspension and removal.

           *       *       *       *       *       *       *


SUBCHAPTER II--REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN 
GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS

           *       *       *       *       *       *       *


Sec. 7512. Actions covered

   This subchapter applies to--
          (1) a removal;
          (2) a suspension for more than 14 days;
          (3) a reduction in grade;
          (4) a reduction in pay; and
          (5) a furlough of 30 days or less;
but does not apply to--
          (A) a suspension or removal under section 7532 of 
        this title,
          (B) a reduction-in-force action under section 3502 of 
        this title,
          (C) the reduction in grade of a supervisor or manager 
        who has not completed the probationary period under 
        section 3321(a)(2) of this title if such reduction is 
        to the grade held immediately before becoming such a 
        supervisor or manager,
          (D) a reduction in grade or removal under section 
        4303 of this title,
          (E) an action initiated under section 1215 or 7521 of 
        this title; or
          (F) a suitability action taken by the Office under 
        regulations prescribed by the Office, subject to the 
        rules prescribed by the President under this title for 
        the administration of the competitive service.
          (F) a suspension or removal under section 7552 of 
        this title.

           *       *       *       *       *       *       *


                     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.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 44, UNITED STATES CODE

           *       *       *       *       *       *       *


      CHAPTER 15--FEDERAL REGISTER AND CODE OF FEDERAL REGULATIONS

Sec.
1501. Definitions.
[1502. Custody and printing of Federal documents; appointment of 
          Director.
[1503. Filing documents with Office; notation of time; public 
          inspection; transmission for printing.
[1504. ``Federal Register''; printing; contents; distribution; price.]
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. 1501. Definitions

  As used in this chapter, unless the context otherwise 
requires--
            ``document'' means a Presidential proclamation or 
        Executive order and an order, regulation, rule, 
        certificate, code of fair competition, license, notice, 
        or similar instrument, issued, prescribed, or 
        promulgated by a Federal agency;
            ``Federal agency'' or ``agency'' means the 
        President of the United States, or an executive 
        department, independent board, establishment, bureau, 
        agency, institution, commission, or separate office of 
        the administrative branch of the Government of the 
        United States but not the legislative or judicial 
        branches of the Government;
            ``person'' means an individual, partnership, 
        association, or corporation; [and]
          
         ``publish'' means to circulate for sale or 
        distribution to the public; and
            ``National Archives of the United States'' has the 
        same meaning as in section 2901(11) of this title.

Sec. 1502. Custody and [printing]  publishing of Federal documents; 
                    appointment of Director

  The Archivist of the United States, acting through the Office 
of the Federal Register, is charged with the custody and, 
together with the Director of the Government Publishing Office, 
with the prompt and uniform [printing and distribution] 
publishing of the documents required or authorized to be 
published by section 1505 of this title. There shall be at the 
head of the Office a director, appointed by, and who shall act 
under the general direction of, the Archivist of the United 
States in carrying out this chapter and the regulations 
prescribed under it.

[Sec. 1503. Filing documents with Office; notation of time; public 
                    inspection; transmission for printing

  [The original and two duplicate originals or certified copies 
of a document required or authorized to be published by section 
1505 of this title shall be filed with the Office of the 
Federal Register, which shall be open for that purpose during 
all hours of the working days when the National Archives 
Building is open for official business. The Archivist of the 
United States shall cause to be noted on the original and 
duplicate originals or certified copies of each document the 
day and hour of filing. When the original is issued, 
prescribed, or promulgated outside the District of Columbia, 
and certified copies are filed before the filing of the 
original, the notation shall be of the day and hour of filing 
of the certified copies. Upon filing, at least one copy 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 of the Federal 
Register 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 immediately to the Government Printing Office 
for printing, as provided by this chapter, one duplicate 
original or certified copy of 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 and the duplicate originals or certified copies of all 
such documents issued, prescribed, or promulgated by the 
agency.

[Sec. 1504. ``Federal Register''; printing; contents; distribution; 
                    price

  [Documents required or authorized to be published by section 
1505 of this title shall be printed and distributed immediately 
by the Government Printing Office in a serial publication 
designated the ``Federal Register.'' The Director of the 
Government Publishing Office shall make available the 
facilities of the Government Printing Office for the prompt 
printing and distribution 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 be 
indexed and shall comprise 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 distribution fixed by regulations under 
this chapter. There shall be printed 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 by delivery or by deposit at a post 
office 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.]

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.

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.

Sec. 1505. Documents to be published in Federal Register

  (a) Proclamations and Executive Orders; Documents Having 
General Applicability and Legal Effect; Documents Required To 
Be Published by Congress.--There shall be published in the 
Federal Register--
          (1) Presidential proclamations and Executive orders, 
        except those not having general applicability and legal 
        effect or effective only against Federal agencies or 
        persons in their capacity as officers, agents, or 
        employees thereof;
          (2) documents or classes of documents that the 
        President may determine from time to time have general 
        applicability and legal effect; and
          (3) documents or classes of documents that may be 
        required so to be published by Act of Congress.
  For the purposes of this chapter every document or order 
which prescribes a penalty has general applicability and legal 
effect.
  (b) Documents Authorized To Be Published by Regulations; 
[Comments] News Commentary and News Items Excluded.--In 
addition to the foregoing there shall also be published in the 
Federal Register other documents or classes of documents 
authorized to be published by regulations prescribed under this 
chapter with the approval of the President, but [comments] news 
commentary or news items of any character may not be published 
in the Federal Register.
  (c) Suspension of Requirements for Filing of Documents; 
Alternate Systems for Promulgating, Filing, or Publishing 
Documents; Preservation of Originals.--In the event of an 
attack or threatened attack upon the continental United States 
and a determination by the President that as a result of an 
attack or threatened attack--
          (1) publication of the Federal Register or filing of 
        documents with the Office of the Federal Register is 
        impracticable, or
          (2) under existing conditions publication in the 
        Federal Register would not serve to give appropriate 
        notice to the public of the contents of documents, the 
        President may, without regard to any other provision of 
        law, suspend all or part of the requirements of law or 
        regulation for filing with the Office or publication in 
        the Federal Register of documents or classes of 
        documents.
  The suspensions shall remain in effect until revoked by the 
President, or by concurrent resolution of the Congress. The 
President shall establish alternate systems for promulgating, 
filing, or publishing documents or classes of documents 
affected by such suspensions, including requirements relating 
to their effectiveness or validity, that may be considered 
under the then existing circumstances practicable to provide 
public notice of the issuance and of the contents of the 
documents. The alternate systems may, without limitation, 
provide for the use of regional or specialized publications or 
depositories for documents, or of the press, the radio, 
telecommunications, the Internet, or similar mediums of general 
communication. Compliance with alternate systems of filing or 
publication shall have the same effect as filing with the 
Office or publication in the Federal Register under this 
chapter or other law or regulation. With respect to documents 
promulgated under alternate systems, each agency shall preserve 
the original [and two duplicate originals or two certified 
copies] document for filing with the Office when the President 
determines that it is practicable.

[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 be chairman, 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, among other things--
          [(1) the manner of certification of copies required 
        to be certified under section 1503 of this title, which 
        certification may be permitted to be based upon 
        confirmed communications from outside the District of 
        Columbia;
          [(2) the documents which shall be authorized under 
        section 1505(b) of this title to be published in the 
        Federal Register;
          [(3) the manner and form in which the Federal 
        Register shall be printed, reprinted, and compiled, 
        indexed, bound, and distributed;
          [(4) the number of copies of the Federal Register, 
        which shall be printed, reprinted, and compiled, the 
        number which shall be distributed without charge 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; and
          [(5) the prices to be charged for individual copies 
        of, and subscriptions to, the Federal Register and 
        reprints and bound volumes of it.]

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.

Sec. 1507. Filing document as constructive notice; publication in 
                    Federal Register as presumption of validity; 
                    judicial notice; citation

   A document required by section 1505(a) of this title to be 
published in the Federal Register is not valid as against a 
person who has not had actual knowledge of it until [the 
duplicate originals or certified copies of the document have] 
the document has been filed with the Office of the Federal 
Register and a copy made available for public inspection as 
provided by section 1503 of this title. Unless otherwise 
specifically provided by statute, filing of a document, 
required or authorized to be published by section 1505 of this 
title, except in cases where notice by publication is 
insufficient in law, is sufficient to give notice of the 
contents of the document to a person subject to or affected by 
it. The publication in the Federal Register of a document 
creates a rebuttable presumption--
          (1) that it was duly issued, prescribed, or 
        promulgated;
          (2) that it was filed with the Office of the Federal 
        Register and made available for public inspection at 
        the day and hour stated in the [printed] published 
        notation;
          (3) that the copy contained in the Federal Register 
        is a true copy of the original; and
          (4) that all requirements of this chapter and the 
        regulations prescribed under it relative to the 
        document have been complied with.
  The contents of the Federal Register shall be judicially 
noticed and without prejudice to any other mode of citation, 
may be cited by volume and page number.

           *       *       *       *       *       *       *


Sec. 1509. Costs of publication, etc.

  (a) The cost of [printing, reprinting, wrapping, binding, and 
distributing] publishing the Federal Register and the Code of 
Federal Regulations, and, except as provided in subsection (b), 
other expenses incurred by the Government Printing Office in 
carrying out the duties placed upon it by this chapter shall be 
charged to the revolving fund provided in section 309. 
Reimbursements for such costs and expenses shall be made by the 
Federal agencies and credited, together with all receipts, as 
provided in section 309(b).
  (b) The cost of [printing, reprinting, wrapping, binding, and 
distributing] publishing all other publications of the Federal 
Register program, and other expenses incurred by the Government 
Printing Office in connection with such publications, shall be 
borne by the appropriations to the Government Printing Office 
and the appropriations are made available, and are authorized 
to be increased by additional sums necessary for the purposes, 
the increases to be based upon estimates submitted by the 
Director of the Government Publishing Office.

[Sec. 1510. Code of Federal Regulations

  [(a) 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 special or supplemental editions of the Federal Register of 
complete codifications 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 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) A codification published under subsection (a) of this 
section shall be printed and bound in permanent form and shall 
be designated as the ``Code of Federal Regulations.'' The 
Administrative Committee shall regulate the binding of the 
printed codifications into separate books with a view to 
practical usefulness and economical manufacture. Each book 
shall contain an explanation of its coverage and other aids to 
users that the Administrative Committee may require. A general 
index to the entire Code of Federal Regulations shall be 
separately printed and bound.
  [(c) The Administrative Committee shall regulate the 
supplementation and the collation and republication of the 
printed codifications with a view to keeping the Code of 
Federal Regulations as current as practicable. Each book shall 
be either supplemented or collated and republished at least 
once each calendar year.
  [(d) The Office of the Federal Register shall prepare and 
publish the codifications, supplements, collations, and indexes 
authorized by this section.
  [(e) The codified documents of the several agencies published 
in the supplemental edition of the Federal Register 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) The Administrative Committee shall prescribe, with the 
approval of the President, regulations for carrying out this 
section.
  [(g) 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.]

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.

           *       *       *       *       *       *       *


CHAPTER 21--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

           *       *       *       *       *       *       *


Sec. 2105. Personnel and services

  (a)(1) The Archivist is authorized to select, appoint, 
employ, and fix the compensation of such officers and 
employees, pursuant to part III of title 5, as are necessary to 
perform the functions of the Archivist and the Administration.
  (2) Notwithstanding paragraph (1), the Archivist is 
authorized to appoint, subject to the consultation requirements 
set forth in paragraph (f)(2) of section 2203 of this title, a 
director at each Presidential archival depository established 
under section 2112 of this title. The Archivist may appoint a 
director without regard to subchapter I and subchapter VIII of 
chapter 33 of title 5, United States Code, governing 
appointments in the competitive service and the Senior 
Executive Service. A director so appointed shall be responsible 
for the care and preservation of the Presidential records and 
historical materials deposited in a Presidential archival 
depository, shall serve at the pleasure of the Archivist and 
shall perform such other functions as the Archivist may 
specify.
  (b) The Archivist is authorized to obtain the services of 
experts and consultants under section 3109 of title 5.
  (c) Notwithstanding the provisions of section 973 of title 10 
or any other provision of law, the Archivist, in carrying out 
the functions of the Archivist or the Administration, is 
authorized to utilize in the Administration the services of 
officials, officers, and other personnel in other Federal 
agencies, including personnel of the armed services, with the 
consent of the head of the agency concerned.
  (d) Notwithstanding section 1342 of title 31, United States 
Code, the Archivist is authorized to accept and utilize 
voluntary and uncompensated services. 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).

           *       *       *       *       *       *       *


CHAPTER 22--PRESIDENTIAL RECORDS

           *       *       *       *       *       *       *


Sec. 2204. Restrictions on access to Presidential records

  (a) Prior to the conclusion of a President's term of office 
or last consecutive term of office, as the case may be, the 
President shall specify durations, not to exceed 12 years, for 
which access shall be restricted with respect to information, 
in a Presidential record, within one or more of the following 
categories:
          (1)(A) specifically authorized under criteria 
        established by an Executive order to be kept secret in 
        the interest of national defense or foreign policy and 
        (B) in fact properly classified pursuant to such 
        Executive order;
          (2) relating to appointments to Federal office;
          (3) specifically exempted from disclosure by statute 
        (other than sections 552 and 552b of title 5, United 
        States Code), provided that such statute (A) requires 
        that the material be withheld from the public in such a 
        manner as to leave no discretion on the issue, or (B) 
        establishes particular criteria for withholding or 
        refers to particular types of material to be withheld;
          (4) trade secrets and commercial or financial 
        information obtained from a person and privileged or 
        confidential;
          (5) confidential communications requesting or 
        submitting advice, between the President and the 
        President's advisers, or between such advisers; or
          (6) personnel and medical files and similar files the 
        disclosure of which would constitute a clearly 
        unwarranted invasion of personal privacy.
  (b)(1) Any Presidential record or reasonably segregable 
portion thereof containing information within a category 
restricted by the President under subsection (a) shall be so 
designated by the Archivist and access thereto shall be 
restricted until the earlier of--
          (A)(i) the date on which the former President waives 
        the restriction on disclosure of such record, or
          (ii) the expiration of the duration specified under 
        subsection (a) for the category of information on the 
        basis of which access to such record has been 
        restricted; or
          (B) upon a determination by the Archivist that such 
        record or reasonably segregable portion thereof, or of 
        any significant element or aspect of the information 
        contained in such record or reasonably segregable 
        portion thereof, has been placed in the public domain 
        through publication by the former President, or the 
        President's agents.
  (2) Any such record which does not contain information within 
a category restricted by the President under subsection (a), or 
contains information within such a category for which the 
duration of restricted access has expired, shall be exempt from 
the provisions of subsection (c) until the earlier of--
          (A) the date which is 5 years after the date on which 
        the Archivist obtains custody of such record pursuant 
        to [section 2203(d)(1)] section 2203(g)(1); or
          (B) the date on which the Archivist completes the 
        processing and organization of such records or integral 
        file segment thereof.
  (3) During the period of restricted access specified pursuant 
to subsection (b)(1), the determination whether access to a 
Presidential record or reasonably segregable portion thereof 
shall be restricted shall be made by the Archivist, in the 
Archivist's discretion, after consultation with the former 
President, and, during such period, such determinations shall 
not be subject to judicial review, except as provided in 
subsection (e) of this section. The Archivist shall establish 
procedures whereby any person denied access to a Presidential 
record because such record is restricted pursuant to a 
determination made under this paragraph, may file an 
administrative appeal of such determination. Such procedures 
shall provide for a written determination by the Archivist or 
the Archivist's designee, within 30 working days after receipt 
of such an appeal, setting forth the basis for such 
determination.
  (c)(1) Subject to the limitations on access imposed pursuant 
to subsections (a) and (b), Presidential records shall be 
administered in accordance with section 552 of title 5, United 
States Code, except that paragraph (b)(5) of that section shall 
not be available for purposes of withholding any Presidential 
record, and for the purposes of such section such records shall 
be deemed to be records of the National Archives and Records 
Administration. Access to such records shall be granted on 
nondiscriminatory terms.
  (2) Nothing in this Act shall be construed to confirm, limit, 
or expand any constitutionally-based privilege which may be 
available to an incumbent or former President.
  (d) Upon the death or disability of a President or former 
President, any discretion or authority the President or former 
President may have had under this chapter, except section 2208, 
shall be exercised by the Archivist unless otherwise previously 
provided by the President or former President in a written 
notice to the Archivist.
  (e) The United States District Court for the District of 
Columbia shall have jurisdiction over any action initiated by 
the former President asserting that a determination made by the 
Archivist violates the former President's rights or privileges.
  (f) The Archivist shall not make available any original 
Presidential records to any individual claiming access to any 
Presidential record as a designated representative under 
section 2205(3) of this title if that individual has been 
convicted of a crime relating to the review, retention, 
removal, or destruction of records of the Archives.

           *       *       *       *       *       *       *


[Sec. 2209. Disclosure requirement for official business conducted 
                    using non-official electronic messaging accounts

  [(a) In General.--The President, the Vice President, or a 
covered employee may not create or send a Presidential or Vice 
Presidential record using a non-official electronic message 
account unless the President, Vice President, or covered 
employee--
          [(1) copies an official electronic messaging account 
        of the President, Vice President, or covered employee 
        in the original creation or transmission of the 
        Presidential record or Vice Presidential record; or
          [(2) forwards a complete copy of the Presidential or 
        Vice Presidential record to an official electronic 
        messaging account of the President, Vice President, or 
        covered employee not later than 20 days after the 
        original creation or transmission of the Presidential 
        or Vice Presidential record.
  [(b) Adverse Actions.--The intentional violation of 
subsection (a) by a covered employee (including any rules, 
regulations, or other implementing guidelines), as determined 
by the appropriate supervisor, shall be a basis for 
disciplinary action in accordance with subchapter I, II, or V 
of chapter 75 of title 5, as the case may be.
  [(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) a unit or individual of the Executive 
                Office of the President whose function is to 
                advise and assist the President; and
                  [(D) a unit or individual of the Office of 
                the Vice President whose function is to advise 
                and assist the Vice President.
          [(2) Electronic messages.--The term ``electronic 
        messages'' means electronic mail and other electronic 
        messaging systems that are used for purposes of 
        communicating between individuals.
          [(3) Electronic messaging account.--The term 
        ``electronic messaging account'' means any account that 
        sends electronic messages.]

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.

           *       *       *       *       *       *       *


CHAPTER 29--RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED STATES

           *       *       *       *       *       *       *


[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 unless such officer or employee--
          [(1) copies an official electronic messaging account 
        of the officer or employee in the original creation or 
        transmission of the record; or
          [(2) forwards a complete copy of the record to an 
        official electronic messaging account of the officer or 
        employee not later than 20 days after the original 
        creation or transmission of the record.
  [(b) Adverse Actions.--The intentional violation of 
subsection (a) (including any rules, regulations, or other 
implementing guidelines), as determined by the appropriate 
supervisor, shall be a basis for disciplinary action in 
accordance with subchapter I, II, or V of chapter 75 of title 
5, as the case may be.
  [(c) Definitions.--In this section:
          [(1) Electronic messages.--The term ``electronic 
        messages'' means electronic mail and other electronic 
        messaging systems that are used for purposes of 
        communicating between individuals.
          [(2) Electronic messaging account.--The term 
        ``electronic messaging account'' means any account that 
        sends electronic messages.
          [(3) Executive agency.--The term ``executive agency'' 
        has the meaning given that term in section 105 of title 
        5.]

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.

           *       *       *       *       *       *       *


           CHAPTER 31--RECORDS MANAGEMENT BY FEDERAL AGENCIES

Sec.
3101. Records management by agency heads; general duties.
     * * * * * * *
3108. Senior Agency Official for Records Compliance.

           *       *       *       *       *       *       *


Sec. 3102. Establishment of program of management

   The head of each Federal agency shall establish and maintain 
an active, continuing program for the economical and efficient 
management of the records of the agency. The program, among 
other things, shall provide for
          (1) effective controls over the creation and over the 
        maintenance and use of records in the conduct of 
        current business;
          (2) procedures for identifying records of general 
        interest or use to the public that are appropriate for 
        public disclosure, and for posting such records in a 
        publicly accessible electronic format;
          (3) cooperation with the Archivist in applying 
        standards, procedures, and techniques designed to 
        improve the management of records, promote the 
        maintenance and security of records deemed appropriate 
        for preservation, and facilitate the segregation and 
        disposal of records of temporary value; and
          (4) compliance with sections 2101-2117, 2501-2507, 
        2901-2909, and 3101-3107, of this title and the 
        regulations issued under them.
          (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.

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[Sec. 3106. Unlawful removal, destruction of records

  [(a) Federal Agency Notification.--The head of each Federal 
agency shall notify the Archivist of any actual, impending, or 
threatened unlawful removal, defacing, alteration, corruption, 
deletion, erasure, or other destruction of records in the 
custody of the agency, and with the assistance of the Archivist 
shall initiate action through the Attorney General for the 
recovery of records the head of the Federal agency knows or has 
reason to believe have been unlawfully removed from that 
agency, or from another Federal agency whose records have been 
transferred to the legal custody of that Federal agency.
  [(b) Archivist Notification.--In any case in which the head 
of a Federal agency does not initiate an action for such 
recovery or other redress within a reasonable period of time 
after being notified of any such unlawful action described in 
subsection (a), or is participating in, or believed to be 
participating in any such unlawful action, the Archivist shall 
request the Attorney General to initiate such an action, and 
shall notify the Congress when such a request has been made.]

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. 3107. Authority of Comptroller General

   [Chapters 21] (a) In General._Chapters 21, 25, 27, 29, and 
31 of this title do not limit the authority of the Comptroller 
General of the United States with respect to prescribing 
accounting systems, forms, and procedures, or lessen the 
responsibility of collecting and disbursing officers for 
rendition of their accounts for settlement by the General 
Accounting Office.
  (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.

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.

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INSPECTOR GENERAL ACT

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                      duties and responsibilities

  Sec. 4. (a) It shall be the duty and responsibility of each 
Inspector General, with respect to the establishment within 
which his Office is established--
          (1) to provide policy direction for and to conduct, 
        supervise, and coordinate audits and investigations 
        relating to the programs and operations of such 
        establishment;
          (2) to review existing and proposed legislation and 
        regulations relating to programs and operations of such 
        establishment and to make recommendations in the 
        semiannual reports required by section 5(a) concerning 
        the impact of such legislation or regulations on the 
        economy and efficiency in the administration of 
        programs and operations administered or financed by 
        such establishment or the prevention and detection of 
        fraud and abuse in such programs and operations;
          (3) to recommend policies for, and to conduct, 
        supervise, or coordinate other activities carried out 
        or financed by such establishment for the purpose of 
        promoting economy and efficiency in the administration 
        of, or preventing and detecting fraud and abuse in, its 
        programs and operations;
          (4) to recommend policies for, and to conduct, 
        supervise, or coordinate relationships between such 
        establishment and other Federal agencies, State and 
        local governmental agencies, and non-governmental 
        entities with respect to (A) all matters relating to 
        the promotion of economy and efficiency in the 
        administration of, or the prevention and detection of 
        fraud and abuse in, programs and operations 
        administered or financed by such establishment, or (B) 
        the identification and prosecution of participants in 
        such fraud or abuse[; and];
          (5) to keep the head of such establishment and the 
        Congress fully and currently informed, by means of the 
        reports required by section 5 and otherwise, concerning 
        fraud and other serious problems, abuses, and 
        deficiencies relating to the administration of programs 
        and operations administered or financed by such 
        establishment, to recommend corrective action 
        concerning such problems, abuses, and deficiencies, and 
        to report on the progress made in implementing such 
        corrective action[.]; and
          (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.
  (b)(1) In carrying out the responsibilities specified in 
subsection (a)(1), each Inspector General shall--
          (A) comply with standards established by the 
        Comptroller General of the United States for audits of 
        Federal establishments, organizations, programs, 
        activities, and functions;
          (B) establish guidelines for determining when it 
        shall be appropriate to use non-Federal auditors; and
          (C) take appropriate steps to assure that any work 
        performed by non-Federal auditors complies with the 
        standards established by the Comptroller General as 
        described in paragraph (1).
  (2) For purposes of determining compliance with paragraph 
(1)(A) with respect to whether internal quality controls are in 
place and operating and whether established audit standards, 
policies, and procedures are being followed by Offices of 
Inspector General of establishments defined under section 
12(2), Offices of Inspector General of designated Federal 
entities defined under section 8F(a)(2), and any audit office 
established within a Federal entity defined under section 
8F(a)(1), reviews shall be performed exclusively by an audit 
entity in the Federal Government, including the General 
Accounting Office or the Office of Inspector General of each 
establishment defined under section 12(2), or the Office of 
Inspector General of each designated Federal entity defined 
under section 8F(a)(2).
  (c) In carrying out the duties and responsibilities 
established under this Act, each Inspector General shall give 
particular regard to the activities of the Comptroller General 
of the United States with a view toward avoiding duplication 
and insuring effective coordination and cooperation.
  (d) In carrying out the duties and responsibilities 
established under this Act, each Inspector General shall report 
expeditiously to the Attorney General whenever the Inspector 
General has reasonable grounds to believe there has been a 
violation of Federal criminal law.

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