,i #aacth ,,congress #b;d ,session ,h4 ,r4 #eagj ,,in ,,the ,,house ,,of ,,representatives ,july #bc1 #bjad ,mr4 ,meadows 7for himself and ,mr4 ,issa7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform ,a ,,bill ,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 #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 subchapters ,the table of subchapters 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 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