#aacth ,,congress #b;d ,session ,h4 ,r4 #eagj ,,an ,,act ,to improve ,federal employee compliance with the ,federal and ,presidential recordkeeping requirements1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,in general ,this ,act may be cited as the ,federal ,records ,accountability ,act of #bjad4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,removal for deliberate destruction of ,federal records4 ,sec4 #c4 ,use of non-official electronic messaging accounts4 ,sec4 #d4 ,reporting of the loss or potential loss of records4 ,sec4 #e4 ,senior ,agency ,official for ,records ,compliance4 ,sec4 #f4 ,preservation of electronic messages and other records4 ,sec4 #g4 ,presidential records4 ,sec4 #h4 ,retention of electronic correspondence4 #b4 ,removal for deliberate destruction of ,federal records 7a7 ,in general ,chapter #ge of title #e1 ,united ,states ,code1 is amended by adding after subchapter ,v the following3 ,,vi ,federal ,records #geea4 ,definitions ,in this subchapter the following definitions apply3 7#a7 ,employee ,the term employee means-- 7,a7 an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed #a year of current continuous employment in the same or similar positions under other than a temporary appointment limited to #a year or less2 or 7,b7 a career appointee in the ,senior ,executive ,service who-- 7i7 has completed the probationary period prescribed under section #ccic7;d7 of this title2 or 7ii7 was covered by the provisions of subchapter ,,ii of this chapter immediately before appointment to the ,senior ,executive ,service4 7#b7 ,suspension ,the term suspension has the meaning given that term in section #geja of this title4 #geeb4 ,suspension and removal 7a7 ,inspector ,general finding ,if the ,inspector ,general of an agency determines an employee of the agency has willfully and unlawfully concealed1 removed1 mutilated1 obliterated1 falsified1 or destroyed any record1 proceeding1 map1 book1 document1 paper1 or other thing in the custody of such employee1 or verifies a violation under section #bbjh or #biaa of title #dd1 the ,inspector ,general shall promptly inform the head of the agency of that determination in writing4 7b7 ,suspension ,notwithstanding any other provision of law1 the head of an agency shall suspend an employee of that agency who has been determined by the ,inspector ,general under subsection 7a7 to have willfully and unlawfully concealed1 removed1 mutilated1 obliterated1 falsified1 or destroyed any record1 proceeding1 map1 book1 document1 paper1 or other thing in the custody of such employee1 or who has been verified by the ,inspector ,general to be in violation of section #bbjh or #biaa of title #dd4 7c7 ,requirements after suspension ,an employee suspended under subsection 7b7 is entitled1 after suspension and before removal1 to-- 7#a7 be represented by an attorney or other representative2 7#b7 a written statement of the charges against the employee within #ae days after suspension1 which may be amended within #cj days thereafter2 7#c7 an opportunity within #ae days after the receipt of the written statement under paragraph 7#b71 plus an additional #ae days if the charges are amended1 to answer the charges and submit affidavits2 7#d7 a hearing1 at the request of the employee1 by an agency authority duly constituted for this purpose2 7#e7 a review of the employee's case by the head of the agency or a designee1 before a decision adverse to the employee is made final2 and 7#f7 a written statement of the decision of the head of the agency4 7d7 ,removal ,subject to subsection 7c7 of this section and after any investigation and review the head of the agency considers necessary1 the head of an agency shall remove an employee suspended under subsection 7b7 if such head determines that the employee willfully and unlawfully concealed1 removed1 mutilated1 obliterated1 falsified1 or destroyed any record1 proceeding1 map1 book1 document1 paper1 or other thing in the custody of such employee4 7e7 ,appeal ,an employee who is removed under subsection 7d7 is entitled to appeal to the ,merit ,systems ,protection ,board under section #ggja of this title4 4 7b7 ,technical and conforming amendments 7#a7 ,table of sections ,the table of sections for chapter #ge of title #e1 ,united ,states ,code1 is amended by adding at the end the following new items3 ,subchapter ,,vi--,federal ,records #geea4 ,definitions4 #geeb4 ,suspension and removal4 4 7#b7 ,subchapter ,,ii applicability ,section #geab of such title is amended-- 7,a7 in subparagraph 7,d71 by striking or at the end2 7,b7 in subparagraph 7,e71 by striking the period at the end and inserting 1 or2 and 7,c7 by adding at the end the following3 7,f7 a suspension or removal under section #geeb of this title4 4 #c4 ,use of non-official electronic messaging accounts 7a7 ,presidential records act ,chapter #bb of title #dd1 ,united ,states ,code is amended by adding at the end the following new section3 #bbjh4 ,disclosure requirement for official business conducted using non-official electronic messaging accounts 7a7 ,in general ,the ,president1 ,vice ,president1 or covered employee may not create or send a ,presidential or ,vice ,presidential record using a non-official electronic messaging account 7in this section1 referred to as applicable electronic message7 unless the ,president1 ,vice ,president1 or covered employee-- 7#a7 includes an official electronic messaging account of the ,president1 ,vice ,president1 or covered employee1 as applicable1 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 message2 7#b7 forwards a complete copy of the applicable electronic message1 including a complete list of the recipients of such message1 to an official electronic messaging account of the ,president1 ,vice ,president1 or covered employee1 as applicable1 within fifteen days after the original creation or transmission of the message2 or 7#c7 prints a complete copy of the applicable electronic message1 including a complete list of the recipients of such message1 and submits the message to the appropriate location or individual for appropriate archival storage by the ,executive ,office of the ,president within fifteen days after the original creation or transmission of the message4 7b7 ,adverse actions ,an intentional violation of subsection 7a7 7including any rules1 regulations1 or other implementing guidelines7 by a covered employee1 as determined by the appropriate supervisor1 shall be forwarded to the ,inspector ,general of the agency for a verification of the violation1 and upon verification1 shall be subject to the suspension and removal provisions under section #geeb of title #e4 7c7 ,definitions ,in this section3 7#a7 ,covered employee ,the term covered employee means-- 7,a7 the immediate staff of the ,president2 7,b7 the immediate staff of the ,vice ,president2 7,c7 an individual of the ,executive ,office of the ,president whose function is to advise and assist the ,president2 or 7,d7 an individual of the ,office of the ,vice ,president whose function is to advise and assist the ,vice ,president4 7#b7 ,electronic message ,the term electronic message means electronic mail and all other means by which individuals and groups may communicate with each other electronically4 7#c7 ,electronic messaging account ,the term electronic messaging account means any account that sends an electronic message4 4 7b7 ,federal records ,chapter #bi of title #dd1 ,united ,states ,code is amended by adding at the end the following new section3 #biaa4 ,disclosure requirement for official business conducted using non-official electronic messaging accounts 7a7 ,in general ,an officer or employee of a ,federal agency may not create or send a record using a non-official electronic messaging account 7in this section1 referred to as applicable electronic message7 unless such officer or employee-- 7#a7 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 message2 7#b7 forwards a complete copy of the applicable electronic message1 including a complete list of the recipients of such message1 to an official electronic messaging account of the officer or employee within fifteen days after the original creation or transmission of the record2 or 7#c7 prints a complete copy of the applicable electronic message1 including a complete list of the recipients of such message1 and submits it to the appropriate location or individual for appropriate archival storage by the ,federal agency within fifteen days after the original creation or transmission of the message4 7b7 ,adverse actions ,an intentional violation of subsection 7a7 7including any rules1 regulations1 or other implementing guidelines7 by an officer or employee of a ,federal agency1 as determined by the appropriate supervisor1 shall be forwarded to the ,inspector ,general of the agency for a verification of the violation1 and upon verification1 shall be subject to the suspension and removal provisions under section #geeb of title #e4 7c7 ,definitions ,in this section3 7#a7 ,electronic message ,the term electronic message means electronic mail and all other means by which individuals and groups may communicate with each other electronically4 7#b7 ,electronic messaging account ,the term electronic messaging account means any account that sends an electronic message4 4 7c7 ,technical and conforming amendments 7#a7 ,chapter #bb ,the table of sections at the beginning of chapter #bb of title #dd1 ,united ,states ,code1 is amended by adding at the end the following new item3 #bbjh4 ,disclosure requirement for official business conducted using non-official electronic messaging accounts4 4 7#b7 ,chapter #bi ,the table of sections at the beginning of chapter #bi of title #dd1 ,united ,states ,code1 is amended by adding at the end the following new item3 #biaa4 ,disclosure requirement for official business conducted using non-official electronic messaging accounts4 4 #d4 ,reporting of the loss or potential loss of records ,section #cajf of title #dd1 ,united ,states ,code1 is amended to read as follows3 #cajf4 ,unlawful removal1 destruction of records 7a7 ,notification 7#a7 ,archivist and public notification ,whenever the actual1 impending1 or threatened unlawful concealment1 removal1 mutilation1 obliteration1 falsification1 or destruction of any record1 proceeding1 map1 book1 document1 paper1 or other thing in the custody of an agency comes to the attention of the head of the ,federal agency1 the head of the agency shall-- 7,a7 notify the ,archivist2 and 7,b7 publish a general description of the records at risk or that have been lost on the website of the agency4 7#b7 ,agency notification ,whenever the actual1 impending1 or threatened unlawful concealment1 removal1 mutilation1 obliteration1 falsification1 or destruction of any record1 proceeding1 map1 book1 document1 paper1 or other thing in the custody of an agency comes to the attention of a ,senior ,agency ,official for ,records ,management1 such official shall immediately notify the head of the agency4 7b7 ,reclamation of records ,with the assistance of the ,archivist1 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 agency1 or from another ,federal agency whose records have been transferred to the legal custody of such head4 7c7 ,action by the ,archivist ,in any case in which the head of the agency does not initiate an action for the recovery of records described in subsection 7b7 or other redress within a reasonable period of time after being notified of any such unlawful removal1 the ,archivist shall request the ,attorney ,general to initiate an action described in subsection 7b71 and shall notify the ,congress not later than #e days after the date on which such a request has been submitted to the ,attorney ,general4 4 #e4 ,senior ,agency ,official for ,records ,compliance 7a7 ,senior agency official ,chapter #ca of title #dd1 ,united ,states ,code1 is amended by adding at the end the following new section3 #cajh4 ,senior ,agency ,official for ,records ,compliance 7a7 ,designation ,not later than ,november #ae1 #bjad1 the head of each ,federal agency shall designate a ,senior ,agency ,official for ,records ,management1 and not later than ,november #ae of each year thereafter the head of each ,federal agency shall reaffirm or designate a new ,senior ,agency ,official for ,records ,management4 7b7 ,authorities and responsibilities ,the ,senior ,agency ,official for ,records ,management shall-- 7#a7 be at least at the level of an ,assistant ,secretary or the equivalent2 and 7#b7 be responsible for the coordinating with the appropriate ,agency ,records ,officer and appropriate agency officials to ensure compliance with all applicable records management statutes1 regulations1 and any guidance issued by the ,archivist4 7c7 ,federal agency coordination ,in addition to the designation made pursuant to subsection 7a71 the head of a ,federal agency may designate additional ,senior ,agency ,officials for ,records ,management as the head of the agency determines to be necessary4 4 7b7 ,technical and conforming amendment ,the table of sections at the beginning of chapter #ca of title #dd1 ,united ,states ,code1 is amended by adding at the end the following new item3 #cajh4 ,senior ,agency ,official for ,records ,compliance4 4 #f4 ,preservation of electronic messages and other records 7a7 ,requirement for ,preservation of ,electronic ,messages ,chapter #bi of title #dd1 ,united ,states ,code1 as amended by section #c7;b71 is further amended by adding at the end the following new section3 #biab4 ,preservation of electronic messages and other records 7a7 ,regulations required ,not later than #ah months after the date of the enactment of this section1 the ,archivist shall promulgate regulations governing ,federal agency preservation of electronic messages that are determined to be records 7as such term is defined under section #ccja of this title74 ,such regulations shall1 at a minimum-- 7#a7 require the electronic capture1 management1 and preservation of such electronic records in accordance with the records disposition requirements of chapter #cc of this title2 7#b7 require that such electronic records are readily accessible for retrieval through electronic searches2 7#c7 establish mandatory minimum functional requirements for electronic records management systems to ensure compliance with the requirements in paragraphs 7#a7 and 7#b72 7#d7 establish a process to certify that ,federal agencies' electronic records management systems meet the functional requirements established under paragraph 7#c72 and 7#e7 include timelines for ,federal agency compliance with the regulations that ensure compliance as expeditiously as practicable but not later than #b years after the date of the enactment of this section4 7b7 ,coverage of other electronic records ,to the extent practicable1 the regulations promulgated under subsection 7a7 shall also include requirements for the capture1 management1 and preservation of other electronic records4 7c7 ,compliance by ,federal agencies ,each ,federal agency shall comply with the regulations promulgated under subsection 7a74 7d7 ,review of regulations required ,the ,archivist shall periodically review and1 as necessary1 amend the regulations promulgated under subsection 7a74 7e7 ,reports on implementation of regulations 7#a7 ,agency report to ,archivist ,not later than #c years after the date of the enactment of this section1 the head of each ,federal agency shall submit to the ,archivist a report on the agency's compliance with the regulations promulgated under this section4 7#b7 ,archivist report to ,congress ,not later than #ij days after receipt of all reports required by paragraph 7#a71 the ,archivist shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives a report on ,federal agency compliance with the regulations promulgated under subsection 7a74 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #bi of title #dd1 ,united ,states ,code1 as amended by section #c7;c77#b71 is further amended by adding after the item relating to section #biaa the following new item3 #biab4 ,preservation of electronic messages and other records4 4 7c7 ,definitions ,section #bija of title #dd1 ,united ,states ,code1 is amended-- 7#a7 by striking and at the end of paragraph 7#ad72 and 7#b7 by striking paragraph 7#ae7 and inserting the following new paragraphs3 7#ae7 the term electronic messages means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals2 and 7#af7 the term electronic records management system means software designed to manage electronic records1 including by-- 7,a7 categorizing and locating records2 7,b7 ensuring that records are retained as long as necessary2 7,c7 identifying records that are due for disposition2 and 7,d7 ensuring the storage1 retrieval1 and disposition of records4 4 #g4 ,presidential records 7a7 ,additional ,regulations ,relating to ,presidential ,records 7#a7 ,in general ,section #bbjf of title #dd1 ,united ,states ,code1 is amended-- 7,a7 by striking and at the end of paragraph 7#c72 7,b7 by striking the period at the end of paragraph 7#d7 and inserting 2 and2 and 7,c7 by adding at the end the following3 7#e7 provisions for establishing standards necessary for the economical and efficient management of electronic ,presidential records during the ,president's term of office1 including-- 7,a7 records management controls necessary for the capture1 management1 and preservation of electronic messages2 7,b7 records management controls necessary to ensure that electronic messages are readily accessible for retrieval through electronic searches2 and 7,c7 a process to certify the electronic records management system to be used by the ,president for the purposes of complying with the requirements in subparagraphs 7,a7 and 7,b74 4 7#b7 ,definitions ,section #bbja of title #dd1 ,united ,states ,code1 is amended by adding at the end the following new paragraphs3 7#f7 ,the term electronic messages has the meaning given that term under section #bija7ae7 of this title4 7#g7 ,the term electronic records management system has the meaning given that term under section #bija7af7 of this title4 4 7b7 ,certification of ,president's ,management of ,presidential ,records 7#a7 ,certification required ,chapter #bb of title #dd1 ,united ,states ,code1 as amended by section #c7;a71 is further amended by adding at the end the following new section3 #bbji4 ,certification of the ,president's management of ,presidential records 7a7 ,annual ,certification ,the ,archivist shall annually certify whether the electronic records management controls established by the ,president meet requirements under sections #bbjc7;a7 and #bbjf7e7 of this title4 7b7 ,report to ,congress ,the ,archivist shall report annually to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives on the status of the certification4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #bb of title #dd1 ,united ,states ,code1 as amended by section #c7;c77#a71 is further amended by adding at the end the following new item3 #bbji4 ,certification of the ,president's management of ,presidential records4 4 7c7 ,report to ,congress ,section #bbjc7;f7 of title #dd1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 ,one year following the conclusion of a ,president's term of office1 or if a ,president serves consecutive terms one year following the conclusion of the last term1 the ,archivist shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives a report on-- 7,a7 the volume and format of electronic ,presidential records deposited into that ,president's ,presidential archival depository2 and 7,b7 whether the electronic records management controls of that ,president met the requirements under subsection 7a7 and section #bbjf7e7 of this title4 4 7d7 ,effective date ,the amendments made by this section shall take effect one year after the date of the enactment of this ,act4 #h4 ,retention of electronic correspondence 7a7 ,retention of records of high level officials ,section #cajb of title #dd1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#d7 the identification of electronic messaging accounts 7as defined in section #biaa7 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 records1 including the accounts of each head of a ,federal agency1 the deputies and assistants of such head1 the head of each program office and staff office1 each assistant secretary1 each administrator1 each commissioner1 each director of an office1 bureau1 or the equivalent1 each principal regional official1 each staff assistant to such official 7such as a special assistant1 confidential assistant1 and administrative assistant71 each career ,federal employee1 each political appointee1 and each member of the ,armed ,forces serving in equivalent or comparable positions2 and 7#e7 electronic capture1 management1 and preservation of the electronic messaging accounts 7as defined in section #biaa7 described in paragraph 7#d71 in accordance with the records disposal requirements of chapter #cc of this title such that-- 7,a7 electronic records are readily accessible for retrieval through electronic searches2 and 7,b7 there are mandatory minimum functional requirements for electronic records management systems to ensure compliance with this section4 4 7b7 ,review by the ,comptroller ,general of the ,united ,states ,section #cajg of title #dd1 ,united ,states ,code1 is amended-- 7#a7 by striking ,chapters #ba and inserting 7a7 ,in general4--,chapters #ba2 and 7#b7 by adding at the end the following3 7b7 ,comptroller ,general evaluation ,the ,comptroller ,general shall evaluate and report to ,congress not less than every two years on agency management of electronic mail records required under paragraphs 7#d7 and 7#e7 of section #cajb4 4 7c7 ,review by ,inspector ,general ,section #d7;a7 of the ,inspector ,general ,act 7#e ,u4,s4,c4 ,app7 is amended-- 7#a7 in paragraph 7#d71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#f7 to review existing and proposed legislation and regulations relating to records retention requirements under the chapters #ba1 #bi1 #ca and #cc of title #dd1 ,united ,states ,code 7commonly referred to as the ,federal ,records ,act7 for programs and operations of such establishment and to make recommendations in the semiannual reports required by section #e7;a7 concerning compliance with records retention requirements4 4 7d7 ,effective date ,this section and the amendments made by this section shall take effect on ,december #ca1 #bjaf4 ,passed the ,house of ,representatives ,september #af1 #bjad4;,clerk4