[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5709 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5709
To improve Federal employee compliance with Federal and Presidential
recordkeeping requirements, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2016
Mr. Meadows introduced the following bill; which was referred to the
Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To improve Federal employee compliance with Federal and Presidential
recordkeeping requirements, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) In General.--This Act may be cited as the ``Federal Records
Modernization Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Removal for deliberate destruction of Federal records.
Sec. 3. Use of non-official electronic messaging accounts.
Sec. 4. Reporting of the loss or potential loss of records.
Sec. 5. Senior Agency Official for Records Management.
Sec. 6. Retention of electronic correspondence.
Sec. 7. Federal Register modernization.
Sec. 8. Statutory protection for National Archives and Records
Administration volunteers.
SEC. 2. REMOVAL FOR DELIBERATE DESTRUCTION OF FEDERAL RECORDS.
(a) In General.--Chapter 75 of title 5, United States Code, is
amended by adding after subchapter V the following:
``SUBCHAPTER VI--FEDERAL RECORDS
``Sec. 7551. Definitions
``In this subchapter the following definitions apply:
``(1) Employee.--The term `employee' means--
``(A) an individual in the competitive service who
is not serving a probationary or trial period under an
initial appointment or who has completed 1 year of
current continuous employment in the same or similar
positions under other than a temporary appointment
limited to 1 year or less; or
``(B) a career appointee in the Senior Executive
Service who--
``(i) has completed the probationary period
prescribed under section 3393(d) of this title;
or
``(ii) was covered by the provisions of
subchapter II of this chapter immediately
before appointment to the Senior Executive
Service.
``(2) Record.--The term `record' has the meaning given that
term in section 3301 of title 44.
``(3) Suspension.--The term `suspension' has the meaning
given that term in section 7501 of this title.
``Sec. 7552. Suspension and removal
``(a) Inspector General Finding.--If the Inspector General of an
agency determines an employee of the agency has willfully and
wrongfully concealed, removed, mutilated, obliterated, falsified, or
destroyed any record, proceeding, map, book, document, paper, or other
thing in the custody of such employee, or verifies a violation under
section 2209 or 2911 of title 44, the Inspector General shall promptly
inform the head of the agency of that determination in writing.
``(b) Suspension.--The head of an agency shall suspend an employee
of that agency who has been determined by the Inspector General under
subsection (a) to have willfully and unlawfully concealed, removed,
mutilated, obliterated, falsified, or destroyed any record, proceeding,
map, book, document, paper, or other thing in the custody of such
employee, or who has been verified by the Inspector General to be in
violation of section 2209 or 2911 of title 44.
``(c) Requirements After Suspension.--An employee suspended under
subsection (b) is entitled, after suspension and before removal, to--
``(1) be represented by an attorney or other
representative;
``(2) a written statement of the charges against the
employee within 15 days after suspension, which may be amended
within 30 days thereafter;
``(3) an opportunity within 15 days after the receipt of
the written statement under paragraph (2), plus an additional
15 days if the charges are amended, to answer the charges and
submit affidavits;
``(4) a hearing, at the request of the employee, by an
agency authority duly constituted for this purpose;
``(5) a review of the employee's case by the head of the
agency or a designee, before a decision adverse to the employee
is made final; and
``(6) a written statement of the decision of the head of
the agency.
``(d) Removal.--Subject to subsection (c) of this section and after
any investigation and review the head of the agency considers
necessary, the head of an agency shall remove an employee suspended
under subsection (b) if such head determines that the employee
willfully and unlawfully concealed, removed, mutilated, obliterated,
falsified, or destroyed any record, proceeding, map, book, document,
paper, or other thing in the custody of such employee.
``(e) Appeal.--An employee who is removed under subsection (d) is
entitled to appeal to the Merit Systems Protection Board under section
7701 of this title.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter
75 of title 5, United States Code, is amended by adding at the
end the following new items:
``subchapter vi--federal records
``7551. Definitions.
``7552. Suspension and removal.''.
(2) Subchapter ii applicability.--Section 7512 of such
title is amended--
(A) in subparagraph (D), by striking ``or'' at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``, or''; and
(C) by adding at the end the following:
``(F) a suspension or removal under section 7552 of this
title.''.
SEC. 3. USE OF NON-OFFICIAL ELECTRONIC MESSAGING ACCOUNTS.
(a) Presidential Records.--Section 2209 of title 44, United States
Code, is amended to read as follows:
``Sec. 2209. Disclosure requirement for official business conducted
using non-official electronic messaging accounts
``(a) In General.--The President, Vice President, or covered
employee may not create or send a Presidential or Vice Presidential
record using a non-official electronic messaging account (in this
section, referred to as `applicable electronic message') unless the
President, Vice President, or covered employee--
``(1) includes an official electronic messaging account of
the President, Vice President, or covered employee, as
applicable, as a recipient in the original creation or
transmission of the applicable electronic message and
identifies all recipients of the applicable electronic message
in such message;
``(2) forwards a complete copy of the applicable electronic
message, including a complete list of the recipients of such
message, to an official electronic messaging account of the
President, Vice President, or covered employee, as applicable,
within twenty days after the original creation or transmission
of the message; or
``(3) prints a complete copy of the applicable electronic
message, including a complete list of the recipients of such
message, and submits the message to the appropriate location or
individual for appropriate archival storage by the Executive
Office of the President within twenty days after the original
creation or transmission of the message.
``(b) Adverse Actions.--An intentional violation of subsection (a)
(including any rules, regulations, or other implementing guidelines) by
a covered employee, as determined by the appropriate supervisor, shall
be forwarded to the Inspector General of the agency for a verification
of the violation, and upon verification, shall be subject to the
suspension and removal provisions under section 7552 of title 5.
``(c) Definitions.--In this section:
``(1) Covered employee.--The term `covered employee'
means--
``(A) the immediate staff of the President;
``(B) the immediate staff of the Vice President;
``(C) an individual of the Executive Office of the
President whose function is to advise and assist the
President; or
``(D) an individual of the Office of the Vice
President whose function is to advise and assist the
Vice President.
``(2) Electronic message.--The term `electronic message'
means electronic mail and all other means by which individuals
and groups may communicate with each other electronically.
``(3) Electronic messaging account.--The term `electronic
messaging account' means any account that sends an electronic
message.''.
(b) Federal Records.--Section 2911 of title 44, United States Code
is amended to read as follows:
``Sec. 2911. Disclosure requirement for official business conducted
using non-official electronic messaging accounts
``(a) In General.--An officer or employee of an executive agency
may not create or send a record using a non-official electronic
messaging account (in this section, referred to as `applicable
electronic message') unless such officer or employee--
``(1) includes an official electronic messaging account of
the officer or employee as a recipient in the original creation
or transmission of the applicable electronic message and
identifies all recipients of the applicable electronic message
in such message;
``(2) forwards a complete copy of the applicable electronic
message, including a complete list of the recipients of such
message, to an official electronic messaging account of the
officer or employee within twenty days after the original
creation or transmission of the record; or
``(3) prints a complete copy of the applicable electronic
message, including a complete list of the recipients of such
message, and submits it to the appropriate location or
individual for appropriate archival storage by the executive
agency within twenty days after the original creation or
transmission of the message.
``(b) Adverse Actions.--An intentional violation of subsection (a)
(including any rules, regulations, or other implementing guidelines) by
an officer or employee of an executive agency, as determined by the
appropriate supervisor, shall be forwarded to the Inspector General of
the agency for a verification of the violation, and upon verification,
shall be subject to the suspension and removal provisions under section
7552 of title 5.
``(c) Definitions.--In this section:
``(1) Electronic message.--The term `electronic message'
means electronic mail and all other means by which individuals
and groups may communicate with each other electronically.
``(2) Electronic messaging account.--The term `electronic
messaging account' means any account that sends an electronic
message.''.
(c) Technical Correction.--Section 2204(b)(2)(A) of title 44,
United States Code, is amended by striking ``section 2203(d)(1)'' and
inserting ``section 2203(g)(1)''.
SEC. 4. REPORTING OF THE LOSS OR POTENTIAL LOSS OF RECORDS.
Section 3106 of title 44, United States Code, is amended to read as
follows:
``Sec. 3106. Unlawful removal, destruction of records
``(a) Notification.--
``(1) Archivist and public notification.--Whenever the
actual, impending, or threatened unlawful concealment, removal,
mutilation, obliteration, falsification, or destruction of any
record, proceeding, map, book, document, paper, or other thing
in the custody of a Federal agency comes to the attention of
the head of the Federal agency, the head shall--
``(A) notify the Archivist; and
``(B) publish a general description of the records
at risk or that have been lost on the website of the
Federal agency.
``(2) Federal agency notification.--Whenever the actual,
impending, or threatened unlawful concealment, removal,
mutilation, obliteration, falsification, or destruction of any
record, proceeding, map, book, document, paper, or other thing
in the custody of a Federal agency comes to the attention of a
Senior Agency Official for Records Management, such official
shall immediately notify the head of the Federal agency.
``(b) Reclamation of Records.--With the assistance of the
Archivist, the head of a Federal agency shall initiate action through
the Attorney General for the recovery of records the head knows or has
reason to believe have been unlawfully removed from the agency, or from
another Federal agency whose records have been transferred to the legal
custody of the head.
``(c) Action by the Archivist.--In any case in which the head of
the Federal agency does not initiate an action for the recovery of
records described in subsection (b) or other redress within a
reasonable period of time after being notified of any such unlawful
removal, the Archivist shall request the Attorney General to initiate
an action described in subsection (b), and shall notify the Congress
not later than 5 days after the date on which such a request has been
submitted to the Attorney General.''.
SEC. 5. SENIOR AGENCY OFFICIAL FOR RECORDS MANAGEMENT.
(a) Senior Agency Official.--Chapter 31 of title 44, United States
Code, is amended by adding at the end the following new section:
``Sec. 3108. Senior Agency Official for Records Management
``(a) Designation.--Not later than October 1, 2016, the head of
each Federal agency shall designate a Senior Agency Official for
Records Management, and not later than November 15 of each year
thereafter the head of each Federal agency shall reaffirm or designate
a new Senior Agency Official for Records Management.
``(b) Authorities and Responsibilities.--The Senior Agency Official
for Records Management shall--
``(1) be at least at the level of an Assistant Secretary or
the equivalent; and
``(2) be responsible for the coordinating with the
appropriate Agency Records Officer and appropriate agency
officials to ensure compliance with all applicable records
management statutes, regulations, and any guidance issued by
the Archivist.
``(c) Federal Agency Coordination.--In addition to the designation
made pursuant to subsection (a), the head of a Federal agency may
designate additional Senior Agency Officials for Records Management as
the head of the agency determines to be necessary.''.
(b) Technical and Conforming Amendment.--The table of sections at
the beginning of chapter 31 of title 44, United States Code, is amended
by adding at the end the following new item:
``3108. Senior Agency Official for Records Compliance.''.
SEC. 6. RETENTION OF ELECTRONIC CORRESPONDENCE.
(a) Retention of Records of High Level Officials.--Section 3102 of
title 44, United States Code, is amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) the identification of electronic messaging accounts
(as defined in section 2911) that should be preserved because
such accounts are most likely to contain records that should be
preserved as permanent Federal records and the automatic
retention of those records, including the accounts of each head
of a Federal agency, the deputies and assistants of such head,
the head of each program office and staff office, each
assistant secretary, each administrator, each commissioner,
each director of an office, bureau, or the equivalent, each
principal regional official, each staff assistant to such
official (such as a special assistant, confidential assistant,
or administrative assistant), each career Federal employee,
each political appointee, and each member of the Armed Forces
serving in equivalent or comparable positions; and
``(5) electronic capture, management, and preservation of
the electronic messaging accounts (as defined in section 2911)
described in paragraph (4), in accordance with the records
disposal requirements of chapter 33 of this title such that--
``(A) electronic records are readily accessible for
retrieval through electronic searches; and
``(B) there are mandatory minimum functional
requirements for electronic records management systems
to ensure compliance with this section.''.
(b) Review by the Comptroller General of the United States.--
Section 3107 of title 44, United States Code, is amended--
(1) by striking ``Chapters 21'' and inserting ``(a) In
General.--Chapters 21''; and
(2) by adding at the end the following:
``(b) Comptroller General Evaluation.--The Comptroller General
shall evaluate and report to Congress not less than every two years on
Federal agency management of electronic mail records required under
paragraphs (4) and (5) of section 3102.''.
(c) Review by Inspector General.--Section 4(a) of the Inspector
General Act (5 U.S.C. App) is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) to review existing and proposed legislation and
regulations relating to records retention requirements under
the chapters 21, 29, 31, and 33 of title 44, United States Code
(commonly referred to as the Federal Records Act) for programs
and operations of such establishment and to make
recommendations in the semiannual reports required by section
5(a) concerning compliance with records retention
requirements.''.
(d) Effective Date.--This section and the amendments made by this
section shall take effect on December 31, 2017.
SEC. 7. FEDERAL REGISTER MODERNIZATION.
(a) References to Printing.--Chapter 15 of title 44, United States
Code, is amended--
(1) in section 1502--
(A) in the heading, by striking ``printing'' and
inserting ``publishing''; and
(B) by striking ``printing and distribution'' and
inserting ``publishing'';
(2) in section 1507 is amended--
(A) by striking ``the duplicate originals or
certified copies of the document have'' and inserting
``the document has''; and
(B) in paragraph (2), by striking ``printed'' and
inserting ``published''; and
(3) in section 1509, in subsections (a) and (b) of, by
striking ``printing, reprinting, wrapping, binding, and
distributing'' and inserting ``publishing'', each place it
appears.
(b) Publish Defined.--Section 1501 of title 44, United States Code,
is amended--
(1) by striking ``; and'' at the end of the definition for
``person'' and inserting a semicolon; and
(2) by inserting after the definition for ``person'' the
following:
```publish' means to circulate for sale or distribution to
the public; and''.
(c) Filing Documents With Office Amendment.--Section 1503 of title
44, United States Code, is amended to read as follows:
``Sec. 1503. Filing documents with Office; notation of time; public
inspection; transmission for publishing
``The original document required or authorized to be published by
section 1505 of this title shall be filed with the Office of the
Federal Register for publication at times established by the
Administrative Committee of the Federal Register by regulation. The
Archivist of the United States shall cause to be noted on the original
of each document the day and hour of filing. Upon filing, the document
shall be immediately available for public inspection in the Office. The
original shall be retained by the National Archives and Records
Administration and shall be available for inspection under regulations
prescribed by the Archivist, unless such original is disposed of in
accordance with disposal schedules submitted by the Administrative
Committee and authorized by the Archivist pursuant to regulations
issued under chapter 33 of this title; however, originals of
proclamations of the President and executive orders shall be
permanently retained by the Administration as part of the National
Archives of the United States. The Office shall transmit to the
Government Publishing Office, as provided by this chapter, each
document required or authorized to be published by section 1505 of this
title. Every Federal agency shall cause to be transmitted for filing
the original of all such documents issued, prescribed, or promulgated
by the agency.''.
(d) Federal Register Amendment.--Section 1504 of title 44, United
States Code, is amended to read as follows:
``Sec. 1504. `Federal Register'; publishing; contents; distribution;
price
``Documents required or authorized to be published by section 1505
of this title shall be published immediately by the Government
Publishing Office in a serial publication designated the `Federal
Register'. The Director of the Government Publishing Office shall make
available the facilities of the Government Publishing Office for the
prompt publication of the Federal Register in the manner and at the
times required by this chapter and the regulations prescribed under it.
The contents of the daily issues shall constitute all documents,
required or authorized to be published, filed with the Office of the
Federal Register up to the time of the day immediately preceding the
day of publication fixed by regulations under this chapter. There shall
be published with each document a copy of the notation, required to be
made by section 1503 of this title, of the day and hour when, upon
filing with the Office, the document was made available for public
inspection. Distribution shall be made at a time in the morning of the
day of distribution fixed by regulations prescribed under this chapter.
The prices to be charged for the Federal Register may be fixed by the
Administrative Committee of the Federal Register established by section
1506 of this title without reference to the restrictions placed upon
and fixed for the sale of Government publications by sections 1705 and
1708 of this title.''.
(e) Documents To Be Published in Federal Register.--Section 1505 of
title 44, United States Code, is amended--
(1) in subsection (b)--
(A) in the heading, by striking ``Comments'' and
inserting ``News Commentary''; and
(B) by striking ``comments'' and inserting ``news
commentary''; and
(2) in subsection (c), in the matter following paragraph
(2)--
(A) by inserting ``telecommunications, the
Internet,'' after ``the press, the radio,''; and
(B) by striking ``and two duplicate originals or
two certified copies'' and inserting ``document''.
(f) Administrative Committee of the Federal Register Amendment.--
Section 1506 of title 44, United States Code, is amended to read as
follows:
``Sec. 1506. Administrative Committee of the Federal Register;
establishment and composition; powers and duties
``The Administrative Committee of the Federal Register shall
consist of the Archivist of the United States or Acting Archivist, who
shall chair the committee, an officer of the Department of Justice
designated by the Attorney General, and the Director of the Government
Publishing Office or Acting Director of the Government Publishing
Office. The Director of the Federal Register shall act as secretary of
the committee. The committee shall prescribe, with the approval of the
President, regulations for carrying out this chapter. The regulations
shall provide for, among other things--
``(1) the documents which shall be authorized under section
1505(b) of this title to be published in the Federal Register;
``(2) the manner and form in which the Federal Register
shall be published;
``(3) the manner of distribution to Members of Congress,
officers and employees of the United States, or Federal agency,
for official use, and the number which shall be available for
distribution to the public;
``(4) the prices to be charged for individual copies of,
and subscriptions to, the Federal Register and any reprints and
bound volumes of it;
``(5) the manner and form by which the Federal Register may
receive information and comments from the public, if
practicable and efficient; and
``(6) special editions of the Federal Register.''.
(g) Code of Federal Regulations Amendment.--Section 1510 of title
44, United States Code, is amended to read as follows:
``Sec. 1510. Code of Federal Regulations
``(a) Special Edition for Codification of Agency Documents.--The
Administrative Committee of the Federal Register, with the approval of
the President, may require, from time to time as it considers
necessary, the preparation and publication in a special edition of the
Federal Register a complete codification of the documents of each
agency of the Government having general applicability and legal effect,
issued or promulgated by the agency by publication in the Federal
Register or by filing with the Administrative Committee, and which are
relied upon by the agency as authority for, or are invoked or used by
it in the discharge of, its activities or functions, and are in effect
as to facts arising on or after dates specified by the Administrative
Committee.
``(b) Code of Federal Regulations.--A codification prepared under
subsection (a) of this section shall be published and shall be
designated as the `Code of Federal Regulations'. The Administrative
Committee shall regulate the manner and forms of publishing this
codification.
``(c) Supplementation, Collation, and Republication.--The
Administrative Committee shall regulate the supplementation and the
collation and republication of the codification with a view to keeping
the Code of Federal Regulations as current as practicable. Each unit of
codification shall be supplemented and republished at least once each
calendar year. The Office of the Federal Register may create updates of
each unit of codification from time to time and make the same available
electronically or may provide public access using an electronic edition
that allows a user to select a specific date and retrieve the version
of the codification in effect as of that date.
``(d) Preparation and Publication by the Federal Register.--The
Office of the Federal Register shall prepare and publish the
codifications, supplements, collations, and user aids authorized by
this section.
``(e) Prima Facie Evidence.--The codified documents of the several
agencies published in the Code of Federal Regulations under this
section, as amended by documents subsequently filed with the Office and
published in the daily issues of the Federal Register, shall be prima
facie evidence of the text of the documents and of the fact that they
are in effect on and after the date of publication.
``(f) Regulations.--The Administrative Committee, with approval of
the President, shall issue regulations for carrying out this section.
``(g) Exception.--This section does not require codification of the
text of Presidential documents published and periodically compiled in
supplements to title 3 of the Code of Federal Regulations.''.
(h) Technical and Conforming Amendments.--The table of sections for
chapter 15 of title 44, United States Code, is amended by striking the
items related to sections 1502, 1503, and 1504 and inserting the
following:
``1502. Custody and publishing of Federal documents; appointment of
Director.
``1503. Filing documents with Office; notation of time; public
inspection; transmission for publishing.
``1504. `Federal Register'; publishing; contents; distribution;
price.''.
SEC. 8. STATUTORY PROTECTION FOR NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION VOLUNTEERS.
Section 2105(d) of title 44, United States Code is amended by
adding at the end the following new sentence: ``An individual who
provides voluntary and uncompensated service under this subsection
shall not be considered an employee, except for purposes of chapter 81
of title 5 (relating to compensation for injury), sections 2671 through
2680 of title 28 (relating to tort claims), and section 3721 of title
31 (related to damage or loss of personal property incident to
volunteer service).''.
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