,,ib ,union ,calendar ,no4 #eia #aadth ,,congress #b;d ,session ,h4 ,r4 #egji ,report ,no4 #aad-gei ,,in ,,the ,,house ,,of ,,representatives ,july #aa1 #bjaf ,mr4 ,meadows introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform ,september #ai1 #bjaf ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to improve ,federal employee compliance with ,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 ,modernization ,act of #bjaf4 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 ,management4 ,sec4 #f4 ,retention of electronic correspondence4 ,sec4 #g4 ,federal ,register modernization4 ,sec4 #h4 ,statutory protection for ,national ,archives and ,records ,administration volunteers4 #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 ,record ,the term record has the meaning given that term in section #ccja of title #dd4 7#c7 ,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 wrongfully 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 #bbji or #biaa of title #dd1 the ,inspector ,general shall promptly inform the head of the agency of that determination in writing4 7b7 ,suspension ,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 #bbji 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 ,section #bbji of title #dd1 ,united ,states ,code1 is amended to read as follows3 #bbji4 ,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 twenty 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 twenty 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 ,section #biaa of title #dd1 ,united ,states ,code is amended to read as follows3 #biaa4 ,disclosure requirement for official business conducted using non-official electronic messaging accounts 7a7 ,in general ,an officer or employee of an executive 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 twenty 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 executive agency within twenty 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 an executive 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 correction ,section #bbjd7;b77#b77;,a7 of title #dd1 ,united ,states ,code1 is amended by striking section #bbjc7;d77#a7 and inserting section #bbjc7;g77#a74 #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 a ,federal agency comes to the attention of the head of the ,federal agency1 the head 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 ,federal agency4 7#b7 ,federal 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 a ,federal agency comes to the attention of a ,senior ,agency ,official for ,records ,management1 such official shall immediately notify the head of the ,federal 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 the head4 7c7 ,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 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 ,management 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 ,management 7a7 ,designation ,not later than ,october #a1 #bjaf1 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 ,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 or 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 ,federal 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 #ca1 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 #bjag4 #g4 ,federal ,register modernization 7a7 ,references to printing ,chapter #ae of title #dd1 ,united ,states ,code1 is amended-- 7#a7 in section #aejb-- 7,a7 in the heading1 by striking printing and inserting publishing2 and 7,b7 by striking printing and distribution and inserting publishing2 7#b7 in section #aejg is amended-- 7,a7 by striking the duplicate originals or certified copies of the document have and inserting the document has2 and 7,b7 in paragraph 7#b71 by striking printed and inserting published2 and 7#c7 in section #aeji1 in subsections 7a7 and 7b7 of1 by striking printing1 reprinting1 wrapping1 binding1 and distributing and inserting publishing1 each place it appears4 7b7 ,publish defined ,section #aeja of title #dd1 ,united ,states ,code1 is amended-- 7#a7 by striking 2 and at the end of the definition for person and inserting a semicolon2 and 7#b7 by inserting after the definition for person the following3 publish means to circulate for sale or distribution to the public2 and 4 7c7 ,filing documents with ,office amendment ,section #aejc of title #dd1 ,united ,states ,code1 is amended to read as follows3 #aejc4 ,filing documents with ,office2 notation of time2 public inspection2 transmission for publishing ,the original document required or authorized to be published by section #aeje 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 regulation4 ,the ,archivist of the ,united ,states shall cause to be noted on the original of each document the day and hour of filing4 ,upon filing1 the document shall be immediately available for public inspection in the ,office4 ,the original shall be retained by the ,national ,archives and ,records ,administration and shall be available for inspection under regulations prescribed by the ,archivist1 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 #cc of this title2 however1 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 ,states4 ,the ,office shall transmit to the ,government ,publishing ,office1 as provided by this chapter1 each document required or authorized to be published by section #aeje of this title4 ,every ,federal agency shall cause to be transmitted for filing the original of all such documents issued1 prescribed1 or promulgated by the agency4 4 7d7 ,federal ,register amendment ,section #aejd of title #dd1 ,united ,states ,code1 is amended to read as follows3 #aejd4 ,federal ,register2 publishing2 contents2 distribution2 price ,documents required or authorized to be published by section #aeje of this title shall be published immediately by the ,government ,publishing ,office in a serial publication designated the ,federal ,register4 ,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 it4 ,the contents of the daily issues shall constitute all documents1 required or authorized to be published1 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 chapter4 ,there shall be published with each document a copy of the notation1 required to be made by section #aejc of this title1 of the day and hour when1 upon filing with the ,office1 the document was made available for public inspection4 ,distribution shall be made at a time in the morning of the day of distribution fixed by regulations prescribed under this chapter4 ,the prices to be charged for the ,federal ,register may be fixed by the ,administrative ,committee of the ,federal ,register established by section #aejf of this title without reference to the restrictions placed upon and fixed for the sale of ,government publications by sections #agje and #agjh of this title4 4 7e7 ,documents ,to be published in ,federal ,register ,section #aeje of title #dd1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in the heading1 by striking comments and inserting news commentary2 and 7,b7 by striking comments and inserting news commentary2 and 7#b7 in subsection 7c71 in the matter following paragraph 7#b7-- 7,a7 by inserting telecommunications1 the ,internet1 after the press1 the radio12 and 7,b7 by striking and two duplicate originals or two certified copies and inserting document4 7f7 ,administrative ,committee of the ,federal ,register amendment ,section #aejf of title #dd1 ,united ,states ,code1 is amended to read as follows3 #aejf4 ,administrative ,committee of the ,federal ,register2 establishment and composition2 powers and duties ,the ,administrative ,committee of the ,federal ,register shall consist of the ,archivist of the ,united ,states or ,acting ,archivist1 who shall chair the committee1 an officer of the ,department of ,justice designated by the ,attorney ,general1 and the ,director of the ,government ,publishing ,office or ,acting ,director of the ,government ,publishing ,office4 ,the ,director of the ,federal ,register shall act as secretary of the committee4 ,the committee shall prescribe1 with the approval of the ,president1 regulations for carrying out this chapter4 ,the regulations shall provide for1 among other things-- 7#a7 the documents which shall be authorized under section #aeje7;b7 of this title to be published in the ,federal ,register2 7#b7 the manner and form in which the ,federal ,register shall be published2 7#c7 the manner of distribution to ,members of ,congress1 officers and employees of the ,united ,states1 or ,federal agency1 for official use1 and the number which shall be available for distribution to the public2 7#d7 the prices to be charged for individual copies of1 and subscriptions to1 the ,federal ,register and any reprints and bound volumes of it2 7#e7 the manner and form by which the ,federal ,register may receive information and comments from the public1 if practicable and efficient2 and 7#f7 special editions of the ,federal ,register4 4 7g7 ,code of ,federal ,regulations amendment ,section #aeaj of title #dd1 ,united ,states ,code1 is amended to read as follows3 #aeaj4 ,code of ,federal ,regulations 7a7 ,special edition for codification of agency documents ,the ,administrative ,committee of the ,federal ,register1 with the approval of the ,president1 may require1 from time to time as it considers necessary1 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 effect1 issued or promulgated by the agency by publication in the ,federal ,register or by filing with the ,administrative ,committee1 and which are relied upon by the agency as authority for1 or are invoked or used by it in the discharge of1 its activities or functions1 and are in effect as to facts arising on or after dates specified by the ,administrative ,committee4 7b7 ,code of ,federal ,regulations ,a codification prepared under subsection 7a7 of this section shall be published and shall be designated as the ,code of ,federal ,regulations4 ,the ,administrative ,committee shall regulate the manner and forms of publishing this codification4 7c7 ,supplementation1 collation1 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 practicable4 ,each unit of codification shall be supplemented and republished at least once each calendar year4 ,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 date4 7d7 ,preparation and publication by the ,federal ,register ,the ,office of the ,federal ,register shall prepare and publish the codifications1 supplements1 collations1 and user aids authorized by this section4 7e7 ,prima facie evidence ,the codified documents of the several agencies published in the ,code of ,federal ,regulations under this section1 as amended by documents subsequently filed with the ,office and published in the daily issues of the ,federal ,register1 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 publication4 7f7 ,regulations ,the ,administrative ,committee1 with approval of the ,president1 shall issue regulations for carrying out this section4 7g7 ,exception ,this section does not require codification of the text of ,presidential documents published and periodically compiled in supplements to title #c of the ,code of ,federal ,regulations4 4 7h7 ,technical and conforming amendments ,the table of sections for chapter #ae of title #dd1 ,united ,states ,code1 is amended by striking the items related to sections #aejb1 #aejc1 and #aejd and inserting the following3 #aejb4 ,custody and publishing of ,federal documents2 appointment of ,director4 #aejc4 ,filing documents with ,office2 notation of time2 public inspection2 transmission for publishing4 #aejd4 ,federal ,register2 publishing2 contents2 distribution2 price4 4 #h4 ,statutory protection for ,national ,archives and ,records ,administration volunteers ,section #baje7;d7 of title #dd1 ,united ,states ,code is amended by adding at the end the following new sentence3 ,an individual who provides voluntary and uncompensated service under this subsection shall not be considered an employee1 except for purposes of chapter #ha of title #e 7relating to compensation for injury71 sections #bfga through #bfhj of title #bh 7relating to tort claims71 and section #cgba of title #ca 7related to damage or loss of personal property incident to volunteer service744 ,september #ai1 #bjaf ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed