59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–759 

FEDERAL RECORDS MODERNIZATION ACT OF 2016 

SEPTEMBER 19, 2016.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. CHAFFETZ, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

[To accompany H.R. 5709] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 5709) to improve Federal employee compliance with Federal and Presidential recordkeeping requirements, 

and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do 

pass. 

CONTENTS 

Page 

Committee Statement and Views ........................................................................... 2 

Section-by-Section .................................................................................................... 4 

Explanation of Amendments ................................................................................... 5 

Committee Consideration ........................................................................................ 5 

Roll Call Votes ......................................................................................................... 5 

Application of Law to the Legislative Branch ....................................................... 6 

Statement of Oversight Findings and Recommendations of the Committee ...... 6 

Statement of General Performance Goals and Objectives .................................... 6 

Duplication of Federal Programs ............................................................................ 6 

Disclosure of Directed Rule Makings ..................................................................... 6 

Federal Advisory Committee Act ............................................................................ 6 

Unfunded Mandate Statement ............................................................................... 6 

Earmark Identification ............................................................................................ 6 

Committee Estimate ................................................................................................ 7 

Budget Authority and Congressional Budget Office Cost Estimate .................... 7 

Changes in Existing Law Made by the Bill, as Reported ..................................... 8 


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1Office of Inspector General, U.S. Department of State, Review of State Messaging and Archive Retrieval Toolset and Record Email (March 2015), available at: https://oig.state.gov/system/files/isp-i-15–15.pdf. 2 44 U.S.C. § 3301. 

3 Congressional Research Service, Retaining and Preserving Federal Records in a Digital Environment: Background and Issues for Congress (July 2013). 

COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

H.R. 5709, the Federal Records Modernization Act, makes a 

number of updates to the Federal Records Act (FRA) to provide 

penalties for federal record destruction, improve recordkeeping accountability, reform the Federal Register, and make other technical 

improvements. H.R. 5709 will allow agencies to suspend without 

pay employees that an Inspector General has found to have willfully and unlawfully altered, removed, or destroyed a federal 

record. The bill will also prohibit federal employees from using personal e-mails or other electronic communication tools to conduct official business as a way of circumventing federal recordkeeping 

laws. Additionally, the legislation requires federal agencies to disclose on their websites notices indicating an actual, impending, or 

threatened loss of federal records. 

BACKGROUND AND NEED FOR LEGISLATION

In recent years, deficiencies in records management at federal 

agencies have been well-documented by the agency Inspectors General and the National Archives and Records Administration (Archives).1 There are a number of laws in place aimed at ensuring 

adequate recordkeeping. Specifically, the Presidential Records Act 

(PRA) and the FRA work together to ensure that our nation’s 

records—defined as ‘‘all books, papers, maps, photographs, machine 

readable materials, or other documentary materials, regardless of 

physical form or characteristics . . . in connection with the transaction of public business’’—are preserved, sometimes in perpetuity, 

as a clear record of the government’s operation and decision making processes.2

Considering the federal government’s reliance on electronic and 

information technology systems, most of the records generated by 

federal agencies today are ‘‘born digital,’’ meaning they are not produced in a tangible, paper-based format. ‘‘Born-digital’’ records are 

‘‘machine-readable, electronic records—whether produced via email, word processing, social media, websites, databases, or other 

applications.’’ 3 As the federal government moves away from paperbased records and toward ‘‘born digital’’ records, H.R. 5709 presents an opportunity to ensure that the policies and processes governing the federal government’s maintenance of records is modernized to reflect current technology. 

Prohibiting the unauthorized alteration, removal, or destruction of 

federal records 

H.R. 5709, the Federal Records Modernization Act will go further 

than the current PRA and FRA to better prevent and detect the alteration, removal, or improper destruction of federal records. Under 

the current system, Archives is directed to prescribe procedures to 

prevent the unauthorized removal, damage, or destruction of 


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4Pub. L. No. 113–187 (2014). 

5 A Research Guide to the Federal Register and the Code of Federal Regulations, Law Librarians’ Society of Washington, D.C. (June 2016) available at: http://www.llsdc.org/fr-cfr-researchguide. 6 Id. 

7 Id. 

8 About Us, Federal Register, www.federalregister.gov/blog/policy/about-us (last visited August 18, 2016). 9 Letter from David S. Ferriero, Archivist, NARA, to John Boehner, Speaker, 

House of Representatives, (Nov. 12, 2013). 

records, but the statute provides little accountability over violations 

of both the PRA and the FRA.4 H.R. 5709 will address this problem 

by allowing agencies to suspend employees without pay if their 

agency’s Inspector General has found the employee willfully and 

unlawfully altered, removed, or destroyed a federal record. H.R. 

5709 will also increase transparency by requiring agencies to disclose on their websites notices indicating an actual, impending, or 

threatened loss of federal records. 

Automatic preservation of senior officials’ emails 

Importantly, the legislation also includes a provision to require 

automation of the preservation of senior officials’ emails. As the 

federal government shifts away from a ‘‘print-to-file’’ regime for federal recordkeeping, electronic preservation in many cases is still 

fully reliant on affirmative actions by individuals for records to be 

preserved. The need for an affirmative action makes it easier for 

records to be accidentally or deliberately destroyed. To address this 

issue, the legislation specifically requires agencies to identify senior 

officials whose email is the most likely to contain federal records 

and ensure those accounts are automatically and fully preserved. 

Federal Register modernization 

The Federal Register Act was enacted in 1935 with the purpose 

of creating a comprehensive source for distributing all agency promulgated rules and regulations. The first issue of the Federal Register was published in 1936.5 As the Federal Register expanded, it 

adapted its methods of records preservation, adopting new methods 

of printing with the emergence of the latest technology. In the 

1970s, the Office of the Federal Register (OFR) stopped manually 

cutting and pasting the manuscript, shifting to electronic photocomposition technology.6 By the 1980s, each staff member at the 

OFR had their own computer, and by 1994 the Federal Register 

was published in an electronic format.7 Now, complete editions of 

the Federal Register are readily available on the Internet at 

federalregister.gov.8

To help further modernize the Federal Register, the Archivist of 

the United States requested the language in section seven of the 

bill ‘‘to take advantage of modern technology and improve efficiency’’ and allow OFR to ‘‘increase interaction with the public and 

improve interoperability with other federal systems dealing with 

agency rulemaking.’’

LEGISLATIVE HISTORY

On July 11, 2016, Representative Mark Meadows (R–NC), introduced H.R. 5709, the Federal Records Modernization Act, which 

was referred to the House Committee on Oversight and GovernVerDate Sep 11 2014 01:34 Sep 24, 2016 Jkt 059006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR759.XXX HR759

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ment Reform. On July 12, 2016, H.R. 5709 was ordered reported 

by voice vote. 

In 2014, Representative Meadows introduced H.R. 5170, the Federal Records Accountability Act, which contained many of the provisions included in H.R. 5709. H.R. 5170 passed the House on September 16, 2014 by voice vote. 

SECTION-BY-SECTION

Section 1. Short title; Table of contents 

Designates the short title of the bill as the ‘‘Federal Records 

Modernization Act of 2016.’’ 

Section 2. Removal for deliberate destruction of Federal records 

Creates ‘‘Subchapter VI—Federal Records’’ in Chapter 75 of title 

5, United States Code. Directs the head of an agency to suspend 

without pay an employee the Inspector General has found to have 

willfully and unlawfully altered, removed, or destroyed a federal 

record. Permits the employee 15 days to submit information to the 

head of an agency to show why the employee should be restored to 

duty. After the 15-day period, requires the head of an agency to remove the suspended employee if—after investigation and review— 

the agency head determines the employee did willfully and unlawfully alter, remove, or destroy a federal record. Authorizes the employee to appeal a removal decision to the Merit Systems Protection Board. 

Section 3. Use of non-official electronic messaging accounts 

Subsection (a) amends the Presidential Records Act to prohibit 

covered individuals from creating or transmitting a Presidential 

record using a non-official electronic messaging account unless the 

applicable individual includes an official account of the same individual as a recipient of the message, or if the message is electronically forwarded to the applicable individual’s official account within 

20 days, or if the message is printed and submitted for proper archival storage within 20 days. Requires that failure to disclose use 

of non-official electronic messaging accounts for official use be considered destruction of a federal record and subject to Subchapter VI 

of Chapter 75 as created by section 2 of the bill. Defines covered 

employee, electronic message, and electronic messaging account. 

Subsection (b) amends the Federal Records Act to prohibit individuals covered by the Federal Records Act from creating or transmitting a federal record using a non-official electronic messaging 

account unless the individual includes an official account of the 

same individual as a recipient of the message, or the message is 

electronically forwarded to the individual’s official account within 

20 days, or the message is printed and submitted for proper archival storage within 20 days. Sets a requirement that failure to disclose use of non-official electronic messaging accounts is to be considered destruction of a federal record and subject to Subchapter VI 

of Chapter 75 as created by section 1 of the bill. Defines covered 

employee, electronic message, and electronic messaging account. 


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

Requires federal agency heads made aware that records have 

been, or may be, lost, altered, or destroyed, to publish a general description of the affected records on the website of the agency. 

Section 5. Senior Agency Official for Records compliance 

Requires the head of each federal agency to designate or reconfirm each year a Senior Agency Official for Records Management. 

Requires the designated official to be at least at the level of an Assistant Secretary or its equivalent, and to be responsible for ensuring agency compliance with all applicable recordkeeping statutes 

and regulations. 

Section 6. Retention of electronic correspondence 

Requires the identification and automatic preservation of electronic messaging accounts (as defined in section 2911) that are 

most likely to contain permanent federal records, including the accounts of Federal agency heads, deputies and assistants of those 

heads, program office heads, and officials in other significant positions. 

Requires the Government Accountability Office to evaluate and 

report to Congress every two years on Federal agency management 

of electronic mail preservation required by this section. 

Amends the Inspector General Act to direct Inspectors General 

to make recommendations in semiannual reports concerning compliance with record retention requirements as necessary. 

Section 7. Federal Register modernization 

Amends the Federal Register Act, Chapter 15 of title 44 of the 

United States Code, by replacing all references to ‘‘print’’ with 

‘‘publish’’ and defining publish as circulate or distribute. Eliminates 

the requirement that agencies provide multiple copies of documents 

submitted to the Federal Register. 

Section 8. Statutory protection for National Archives and Records 

Administration volunteers 

Amends title 44 to provide protections relating to compensation 

for injury, tort claims, and damage or loss of personal property for 

volunteers at the National Archives and Records Administration. 

EXPLANATION OF AMENDMENTS

No amendments to H.R. 5709 were offered or adopted during 

Full Committee consideration of the bill. 

COMMITTEE CONSIDERATION

On July 12, 2016 the Committee met in open session and ordered 

reported favorably the bill, H.R. 5709, by voice vote vote, a quorum 

being present. 

ROLL CALL VOTES

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


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APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to the terms and conditions of employment or access to public services and accommodations. This bill improves Federal employee compliance with Federal and Presidential recordkeeping requirements. As such this bill does not relate to employment or access to public services and accommodations. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goal or objective of this bill is to improve Federal employee compliance with 

Federal and Presidential recordkeeping requirements. 

DUPLICATION OF FEDERAL PROGRAMS

No provision of this bill establishes or reauthorizes a program of 

the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that enacting this bill does not direct 

the completion of any specific rule makings within the meaning of 

5 U.S.C. 551. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of 5 U.S.C. App., Section 5(b). 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandate 

Reform Act, P.L. 104–4) requires a statement as to whether the 

provisions of the reported include unfunded mandates. In compliance with this requirement the Committee has received a letter 

from the Congressional Budget Office included herein. 

EARMARK IDENTIFICATION

This bill does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of Rule 

XXI. 


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COMMITTEE ESTIMATE

Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out this bill. 

However, clause 3(d)(2)(B) of that Rule provides that this requirement does not apply when the Committee has included in its report 

a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the 

Congressional Budget Act of 1974. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause (3)(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 

1974, the Committee has received the following cost estimate for 

this bill from the Director of Congressional Budget Office: 

SEPTEMBER 9, 2016. 

Hon. JASON CHAFFETZ, Chairman, Committee on Oversight and Government Reform, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5709, the Federal Records 

Modernization Act of 2016. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

KEITH HALL. 

Enclosure. 

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

H.R. 5709 would amend federal laws regarding the management 

of federal records. Specifically, the legislation would establish new 

procedures for suspending and removing federal employees who inappropriately destroy federal records, modify federal employees’ authority to use nonfederal accounts for electronic messaging for work 

purposes, and require the Government Accountability Office (GAO) 

and Inspector Generals (IGs) to prepare evaluations and reports 

concerning the use of electronic records. H.R. 5709 also would require each federal agency to designate a senior official to oversee 

records management including requirements for retaining and storing those records. Finally, under H.R. 5709, the federal government 

would no longer require that the Federal Register and the Code of 

Federal Regulations (CFR) be made available in hard copy. 

Most of the provisions of the bill would codify and expand current practices of the federal government. For example, the Federal 

Records Act requires each agency to make and preserve records of 

its activities, and executive orders and Presidential memoranda 

have directed all agencies, including the National Archives and 

Records Administration (NARA), to better manage their records. 


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Based on information from the NARA, the Government Printing 

Office, and selected agencies, CBO expects that agencies, GAO, and 

IGs governmentwide would incur additional administrative costs 

under H.R. 5709 totaling less than $40,000 annually per agency, 

primarily to meet the bill’s reporting requirements. In total, CBO 

estimates those activities would cost about $5 million over the 

2017–2021 period; most such spending would be subject to appropriation. CBO expects that enacting the bill would not significantly 

affect costs to print the Federal Register and the CFR since most 

spending related to those documents stems from preparing content, 

not printing and duplication. 

In addition, H.R. 5709 would increase both direct spending and 

revenues; therefore, pay-as-you-go procedures apply. In particular, 

the bill could affect administrative costs of agencies not funded 

through annual appropriations, but CBO expects that any resulting 

increases in direct spending would be insignificant. In addition, 

H.R. 5709 could increase revenues from civil and criminal fines 

that are imposed on federal employees who improperly destroy federal records. Because relatively few cases would probably arise, 

CBO estimates that any increase in revenues and associated direct 

spending would not be significant in any year. 

CBO estimates that enacting H.R. 5709 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2027. 

H.R. 5709 would not impose intergovernmental and private-sector mandates as defined in the Unfunded Mandates Reform Act 

and would impose no cost on state, local, or tribal governments. 

The CBO staff contact for this estimate is Matthew Pickford. The 

estimate was approved by Theresa Gullo, Assistant Director for 

Budget Analysis. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

TITLE 5, UNITED STATES CODE 

* * * * * * * 

PART III—EMPLOYEES 

* * * * * * * 

SUBPART F—LABOR-MANAGEMENT AND 

EMPLOYEE RELATIONS 

* * * * * * * 


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CHAPTER 75—ADVERSE ACTIONS 

SUBCHAPTER I—SUSPENSION OF 14 DAYS OR LESS 

Sec. 

7501. Definitions. 

* * * * * * * 

SUBCHAPTER VI—FEDERAL RECORDS 

7551. Definitions. 

7552. Suspension and removal. 

* * * * * * * 

SUBCHAPTER II—REMOVAL, SUSPENSION FOR MORE THAN 

14 DAYS, REDUCTION IN GRADE OR PAY, OR FURLOUGH 

FOR 30 DAYS OR LESS 

* * * * * * * 

§ 7512. Actions covered 

This subchapter applies to— 

(1) a removal; 

(2) a suspension for more than 14 days; 

(3) a reduction in grade; 

(4) a reduction in pay; and 

(5) a furlough of 30 days or less; 

but does not apply to— 

(A) a suspension or removal under section 7532 of this title, 

(B) a reduction-in-force action under section 3502 of this 

title, 

(C) the reduction in grade of a supervisor or manager who 

has not completed the probationary period under section 

3321(a)(2) of this title if such reduction is to the grade held immediately before becoming such a supervisor or manager, 

(D) a reduction in grade or removal under section 4303 of 

this title, 

(E) an action initiated under section 1215 or 7521 of this 

title; or 

(F) a suitability action taken by the Office under regulations 

prescribed by the Office, subject to the rules prescribed by the 

President under this title for the administration of the competitive service. 

(F) a suspension or removal under section 7552 of this title. 

* * * * * * * 

SUBCHAPTER VI—FEDERAL RECORDS 

§ 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 


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(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. 

§ 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. 


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(e) APPEAL.—An employee who is removed under subsection (d) is 

entitled to appeal to the Merit Systems Protection Board under section 7701 of this title. 

* * * * * * * 

TITLE 44, UNITED STATES CODE 

* * * * * * * 

CHAPTER 15—FEDERAL REGISTER AND CODE OF 

FEDERAL REGULATIONS 

Sec. 

1501. Definitions. 

ø1502. Custody and printing of Federal documents; appointment of Director. 

ø1503. Filing documents with Office; notation of time; public inspection; transmission for printing. 

ø1504. ‘‘Federal Register’’; printing; contents; distribution; price.¿ 

1502. Custody and publishing of Federal documents; appointment of Director. 

1503. Filing documents with Office; notation of time; public inspection; transmission 

for publishing. 

1504. ‘‘Federal Register’’; publishing; contents; distribution; price. 

* * * * * * * 

§ 1501. Definitions 

As used in this chapter, unless the context otherwise requires— 

‘‘document’’ means a Presidential proclamation or Executive 

order and an order, regulation, rule, certificate, code of fair 

competition, license, notice, or similar instrument, issued, prescribed, or promulgated by a Federal agency; 

‘‘Federal agency’’ or ‘‘agency’’ means the President of the 

United States, or an executive department, independent board, 

establishment, bureau, agency, institution, commission, or separate office of the administrative branch of the Government of 

the United States but not the legislative or judicial branches 

of the Government; 

‘‘person’’ means an individual, partnership, association, or 

corporation; øand¿ 

‘‘publish’’ means to circulate for sale or distribution to the public; and 

‘‘National Archives of the United States’’ has the same meaning as in section 2901(11) of this title. 

§ 1502. Custody and øprinting¿ publishing of Federal documents; appointment of Director 

The Archivist of the United States, acting through the Office of 

the Federal Register, is charged with the custody and, together 

with the Director of the Government Publishing Office, with the 

prompt and uniform øprinting and distribution¿ publishing of the 

documents required or authorized to be published by section 1505 

of this title. There shall be at the head of the Office a director, appointed by, and who shall act under the general direction of, the 

Archivist of the United States in carrying out this chapter and the 

regulations prescribed under it. 


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ø§ 1503. Filing documents with Office; notation of time; public inspection; transmission for printing 

øThe original and two duplicate originals or certified copies of a 

document required or authorized to be published by section 1505 

of this title shall be filed with the Office of the Federal Register, 

which shall be open for that purpose during all hours of the working days when the National Archives Building is open for official 

business. The Archivist of the United States shall cause to be noted 

on the original and duplicate originals or certified copies of each 

document the day and hour of filing. When the original is issued, 

prescribed, or promulgated outside the District of Columbia, and 

certified copies are filed before the filing of the original, the notation shall be of the day and hour of filing of the certified copies. 

Upon filing, at least one copy shall be immediately available for 

public inspection in the Office. The original shall be retained by the 

National Archives and Records Administration and shall be available for inspection under regulations prescribed by the Archivist, 

unless such original is disposed of in accordance with disposal 

schedules submitted by the Administrative Committee of the Federal Register and authorized by the Archivist pursuant to regulations issued under chapter 33 of this title; however, originals of 

proclamations of the President and Executive orders shall be permanently retained by the Administration as part of the National 

Archives of the United States. The Office shall transmit immediately to the Government Printing Office for printing, as provided 

by this chapter, one duplicate original or certified copy of each document required or authorized to be published by section 1505 of 

this title. Every Federal agency shall cause to be transmitted for 

filing the original and the duplicate originals or certified copies of 

all such documents issued, prescribed, or promulgated by the agency. 

ø§ 1504. ‘‘Federal Register’’; printing; contents; distribution; 

price 

øDocuments required or authorized to be published by section 

1505 of this title shall be printed and distributed immediately by 

the Government Printing Office in a serial publication designated 

the ‘‘Federal Register.’’ The Director of the Government Publishing 

Office shall make available the facilities of the Government Printing Office for the prompt printing and distribution of the Federal 

Register in the manner and at the times required by this chapter 

and the regulations prescribed under it. The contents of the daily 

issues shall be indexed and shall comprise all documents, required 

or authorized to be published, filed with the Office of the Federal 

Register up to the time of the day immediately preceding the day 

of distribution fixed by regulations under this chapter. There shall 

be printed with each document a copy of the notation, required to 

be made by section 1503 of this title, of the day and hour when, 

upon filing with the Office, the document was made available for 

public inspection. Distribution shall be made by delivery or by deposit at a post office at a time in the morning of the day of distribution fixed by regulations prescribed under this chapter. The prices 

to be charged for the Federal Register may be fixed by the Administrative Committee of the Federal Register established by section 

1506 of this title without reference to the restrictions placed upon 


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and fixed for the sale of Government publications by sections 1705 

and 1708 of this title.¿ 

§ 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. 

§ 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. 

§ 1505. Documents to be published in Federal Register 

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QUIRED TO BE PUBLISHED BY CONGRESS.—There shall be published 

in the Federal Register— 

(1) Presidential proclamations and Executive orders, except 

those not having general applicability and legal effect or effective only against Federal agencies or persons in their capacity 

as officers, agents, or employees thereof; 

(2) documents or classes of documents that the President 

may determine from time to time have general applicability 

and legal effect; and 

(3) documents or classes of documents that may be required 

so to be published by Act of Congress. 

For the purposes of this chapter every document or order which 

prescribes a penalty has general applicability and legal effect. 

(b) DOCUMENTS AUTHORIZED TO BE PUBLISHED BY REGULATIONS; 

øCOMMENTS¿ NEWS COMMENTARY AND NEWS ITEMS EXCLUDED.—In 

addition to the foregoing there shall also be published in the Federal Register other documents or classes of documents authorized 

to be published by regulations prescribed under this chapter with 

the approval of the President, but øcomments¿ news commentary 

or news items of any character may not be published in the Federal 

Register. 

(c) SUSPENSION OF REQUIREMENTS FOR FILING OF DOCUMENTS; 

ALTERNATE SYSTEMS FOR PROMULGATING, FILING, OR PUBLISHING

DOCUMENTS; PRESERVATION OF ORIGINALS.—In the event of an attack or threatened attack upon the continental United States and 

a determination by the President that as a result of an attack or 

threatened attack— 

(1) publication of the Federal Register or filing of documents 

with the Office of the Federal Register is impracticable, or 

(2) under existing conditions publication in the Federal Register would not serve to give appropriate notice to the public 

of the contents of documents, the President may, without regard to any other provision of law, suspend all or part of the 

requirements of law or regulation for filing with the Office or 

publication in the Federal Register of documents or classes of 

documents. 

The suspensions shall remain in effect until revoked by the 

President, or by concurrent resolution of the Congress. The President shall establish alternate systems for promulgating, filing, or 

publishing documents or classes of documents affected by such suspensions, including requirements relating to their effectiveness or 

validity, that may be considered under the then existing circumstances practicable to provide public notice of the issuance and 

of the contents of the documents. The alternate systems may, without limitation, provide for the use of regional or specialized publications or depositories for documents, or of the press, the radio, telecommunications, the Internet, or similar mediums of general communication. Compliance with alternate systems of filing or publication shall have the same effect as filing with the Office or publication in the Federal Register under this chapter or other law or regulation. With respect to documents promulgated under alternate 

systems, each agency shall preserve the original øand two duplicate 

originals or two certified copies¿ document for filing with the Office 

when the President determines that it is practicable. 


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ø§ 1506. Administrative Committee of the Federal Register; 

establishment and composition; powers and duties 

øThe Administrative Committee of the Federal Register shall 

consist of the Archivist of the United States or Acting Archivist, 

who shall be chairman, an officer of the Department of Justice designated by the Attorney General, and the Director of the Government Publishing Office or Acting Director of the Government Publishing Office. The Director of the Federal Register shall act as secretary of the committee. The committee shall prescribe, with the 

approval of the President, regulations for carrying out this chapter. 

The regulations shall provide, among other things— 

ø(1) the manner of certification of copies required to be certified under section 1503 of this title, which certification may 

be permitted to be based upon confirmed communications from 

outside the District of Columbia; 

ø(2) the documents which shall be authorized under section 

1505(b) of this title to be published in the Federal Register; 

ø(3) the manner and form in which the Federal Register 

shall be printed, reprinted, and compiled, indexed, bound, and 

distributed; 

ø(4) the number of copies of the Federal Register, which 

shall be printed, reprinted, and compiled, the number which 

shall be distributed without charge to Members of Congress, officers and employees, of the United States, or Federal agency, 

for official use, and the number which shall be available for 

distribution to the public; and 

ø(5) the prices to be charged for individual copies of, and 

subscriptions to, the Federal Register and reprints and bound 

volumes of it.¿ 

§ 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 


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(6) special editions of the Federal Register. 

§ 1507. Filing document as constructive notice; publication 

in Federal Register as presumption of validity; judicial notice; citation 

A document required by section 1505(a) of this title to be published in the Federal Register is not valid as against a person who 

has not had actual knowledge of it until øthe duplicate originals or 

certified copies of the document have¿ the document has been filed 

with the Office of the Federal Register and a copy made available 

for public inspection as provided by section 1503 of this title. Unless otherwise specifically provided by statute, filing of a document, 

required or authorized to be published by section 1505 of this title, 

except in cases where notice by publication is insufficient in law, 

is sufficient to give notice of the contents of the document to a person subject to or affected by it. The publication in the Federal Register of a document creates a rebuttable presumption— 

(1) that it was duly issued, prescribed, or promulgated; 

(2) that it was filed with the Office of the Federal Register 

and made available for public inspection at the day and hour 

stated in the øprinted¿ published notation; 

(3) that the copy contained in the Federal Register is a true 

copy of the original; and 

(4) that all requirements of this chapter and the regulations 

prescribed under it relative to the document have been complied with. 

The contents of the Federal Register shall be judicially noticed 

and without prejudice to any other mode of citation, may be cited 

by volume and page number. 

* * * * * * * 

§ 1509. Costs of publication, etc. 

(a) The cost of øprinting, reprinting, wrapping, binding, and distributing¿ publishing the Federal Register and the Code of Federal 

Regulations, and, except as provided in subsection (b), other expenses incurred by the Government Printing Office in carrying out 

the duties placed upon it by this chapter shall be charged to the 

revolving fund provided in section 309. Reimbursements for such 

costs and expenses shall be made by the Federal agencies and credited, together with all receipts, as provided in section 309(b). 

(b) The cost of øprinting, reprinting, wrapping, binding, and distributing¿ publishing all other publications of the Federal Register 

program, and other expenses incurred by the Government Printing 

Office in connection with such publications, shall be borne by the 

appropriations to the Government Printing Office and the appropriations are made available, and are authorized to be increased by 

additional sums necessary for the purposes, the increases to be 

based upon estimates submitted by the Director of the Government 

Publishing Office. 

ø§ 1510. Code of Federal Regulations 

ø(a) The Administrative Committee of the Federal Register, with 

the approval of the President, may require, from time to time as 

it considers necessary, the preparation and publication in special or 


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supplemental editions of the Federal Register of complete codifications of the documents of each agency of the Government having 

general applicability and legal effect, issued or promulgated by the 

agency by publication in the Federal Register or by filing with the 

Administrative Committee, and are relied upon by the agency as 

authority for, or are invoked or used by it in the discharge of, its 

activities or functions, and are in effect as to facts arising on or 

after dates specified by the Administrative Committee. 

ø(b) A codification published under subsection (a) of this section 

shall be printed and bound in permanent form and shall be designated as the ‘‘Code of Federal Regulations.’’ The Administrative 

Committee shall regulate the binding of the printed codifications 

into separate books with a view to practical usefulness and economical manufacture. Each book shall contain an explanation of its 

coverage and other aids to users that the Administrative Committee may require. A general index to the entire Code of Federal 

Regulations shall be separately printed and bound. 

ø(c) The Administrative Committee shall regulate the supplementation and the collation and republication of the printed 

codifications with a view to keeping the Code of Federal Regulations as current as practicable. Each book shall be either supplemented or collated and republished at least once each calendar 

year. 

ø(d) The Office of the Federal Register shall prepare and publish 

the codifications, supplements, collations, and indexes authorized 

by this section. 

ø(e) The codified documents of the several agencies published in 

the supplemental edition of the Federal Register under this section, 

as amended by documents subsequently filed with the Office and 

published in the daily issues of the Federal Register shall be prima 

facie evidence of the text of the documents and of the fact that they 

are in effect on and after the date of publication. 

ø(f) The Administrative Committee shall prescribe, with the approval of the President, regulations for carrying out this section. 

ø(g) This section does not require codification of the text of Presidential documents published and periodically compiled in supplements to Title 3 of the Code of Federal Regulations.¿ 

§ 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 

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tive Committee shall regulate the manner and forms of publishing 

this codification. 

(c) SUPPLEMENTATION, COLLATION, AND REPUBLICATION.—The 

Administrative Committee shall regulate the supplementation and 

the collation and republication of the codification with a view to 

keeping the Code of Federal Regulations as current as practicable. 

Each unit of codification shall be supplemented and republished at 

least once each calendar year. The Office of the Federal Register 

may create updates of each unit of codification from time to time 

and make the same available electronically or may provide public 

access using an electronic edition that allows a user to select a specific date and retrieve the version of the codification in effect as of 

that date. 

(d) PREPARATION AND PUBLICATION BY THE FEDERAL REGISTER.— 

The Office of the Federal Register shall prepare and publish the 

codifications, supplements, collations, and user aids authorized by 

this section. 

(e) PRIMA FACIE EVIDENCE.—The codified documents of the several agencies published in the Code of Federal Regulations under 

this section, as amended by documents subsequently filed with the 

Office and published in the daily issues of the Federal Register, 

shall be prima facie evidence of the text of the documents and of the 

fact that they are in effect on and after the date of publication. 

(f) REGULATIONS.—The Administrative Committee, with approval 

of the President, shall issue regulations for carrying out this section. 

(g) EXCEPTION.—This section does not require codification of the 

text of Presidential documents published and periodically compiled 

in supplements to title 3 of the Code of Federal Regulations. 

* * * * * * * 

CHAPTER 21—NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

* * * * * * * 

§ 2105. Personnel and services 

(a)(1) The Archivist is authorized to select, appoint, employ, and 

fix the compensation of such officers and employees, pursuant to 

part III of title 5, as are necessary to perform the functions of the 

Archivist and the Administration. 

(2) Notwithstanding paragraph (1), the Archivist is authorized to 

appoint, subject to the consultation requirements set forth in paragraph (f)(2) of section 2203 of this title, a director at each Presidential archival depository established under section 2112 of this 

title. The Archivist may appoint a director without regard to subchapter I and subchapter VIII of chapter 33 of title 5, United 

States Code, governing appointments in the competitive service 

and the Senior Executive Service. A director so appointed shall be 

responsible for the care and preservation of the Presidential 

records and historical materials deposited in a Presidential archival depository, shall serve at the pleasure of the Archivist and shall 

perform such other functions as the Archivist may specify. 

(b) The Archivist is authorized to obtain the services of experts 

and consultants under section 3109 of title 5. 


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(c) Notwithstanding the provisions of section 973 of title 10 or 

any other provision of law, the Archivist, in carrying out the functions of the Archivist or the Administration, is authorized to utilize 

in the Administration the services of officials, officers, and other 

personnel in other Federal agencies, including personnel of the 

armed services, with the consent of the head of the agency concerned. 

(d) Notwithstanding section 1342 of title 31, United States Code, 

the Archivist is authorized to accept and utilize voluntary and uncompensated services. An individual who provides voluntary and 

uncompensated service under this subsection shall not be considered 

an employee, except for purposes of chapter 81 of title 5 (relating to 

compensation for injury), sections 2671 through 2680 of title 28 (relating to tort claims), and section 3721 of title 31 (related to damage 

or loss of personal property incident to volunteer service). 

* * * * * * * 

CHAPTER 22—PRESIDENTIAL RECORDS 

* * * * * * * 

§ 2204. Restrictions on access to Presidential records 

(a) Prior to the conclusion of a President’s term of office or last 

consecutive term of office, as the case may be, the President shall 

specify durations, not to exceed 12 years, for which access shall be 

restricted with respect to information, in a Presidential record, 

within one or more of the following categories: 

(1)(A) specifically authorized under criteria established by an 

Executive order to be kept secret in the interest of national defense or foreign policy and (B) in fact properly classified pursuant to such Executive order; 

(2) relating to appointments to Federal office; 

(3) specifically exempted from disclosure by statute (other 

than sections 552 and 552b of title 5, United States Code), provided that such statute (A) requires that the material be withheld from the public in such a manner as to leave no discretion 

on the issue, or (B) establishes particular criteria for withholding or refers to particular types of material to be withheld; 

(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential; 

(5) confidential communications requesting or submitting advice, between the President and the President’s advisers, or between such advisers; or 

(6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion 

of personal privacy. 

(b)(1) Any Presidential record or reasonably segregable portion 

thereof containing information within a category restricted by the 

President under subsection (a) shall be so designated by the Archivist and access thereto shall be restricted until the earlier of— 

(A)(i) the date on which the former President waives the restriction on disclosure of such record, or 

(ii) the expiration of the duration specified under subsection 

(a) for the category of information on the basis of which access 

to such record has been restricted; or 


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(B) upon a determination by the Archivist that such record 

or reasonably segregable portion thereof, or of any significant 

element or aspect of the information contained in such record 

or reasonably segregable portion thereof, has been placed in 

the public domain through publication by the former President, 

or the President’s agents. 

(2) Any such record which does not contain information within a 

category restricted by the President under subsection (a), or contains information within such a category for which the duration of 

restricted access has expired, shall be exempt from the provisions 

of subsection (c) until the earlier of— 

(A) the date which is 5 years after the date on which the Archivist obtains custody of such record pursuant to øsection 

2203(d)(1)¿ section 2203(g)(1); or 

(B) the date on which the Archivist completes the processing 

and organization of such records or integral file segment thereof. 

(3) During the period of restricted access specified pursuant to 

subsection (b)(1), the determination whether access to a Presidential record or reasonably segregable portion thereof shall be restricted shall be made by the Archivist, in the Archivist’s discretion, after consultation with the former President, and, during such 

period, such determinations shall not be subject to judicial review, 

except as provided in subsection (e) of this section. The Archivist 

shall establish procedures whereby any person denied access to a 

Presidential record because such record is restricted pursuant to a 

determination made under this paragraph, may file an administrative appeal of such determination. Such procedures shall provide 

for a written determination by the Archivist or the Archivist’s designee, within 30 working days after receipt of such an appeal, setting forth the basis for such determination. 

(c)(1) Subject to the limitations on access imposed pursuant to 

subsections (a) and (b), Presidential records shall be administered 

in accordance with section 552 of title 5, United States Code, except that paragraph (b)(5) of that section shall not be available for 

purposes of withholding any Presidential record, and for the purposes of such section such records shall be deemed to be records of 

the National Archives and Records Administration. Access to such 

records shall be granted on nondiscriminatory terms. 

(2) Nothing in this Act shall be construed to confirm, limit, or expand any constitutionally-based privilege which may be available 

to an incumbent or former President. 

(d) Upon the death or disability of a President or former President, any discretion or authority the President or former President 

may have had under this chapter, except section 2208, shall be exercised by the Archivist unless otherwise previously provided by 

the President or former President in a written notice to the Archivist. 

(e) The United States District Court for the District of Columbia 

shall have jurisdiction over any action initiated by the former 

President asserting that a determination made by the Archivist 

violates the former President’s rights or privileges. 

(f) The Archivist shall not make available any original Presidential records to any individual claiming access to any Presidential record as a designated representative under section 2205(3) 


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of this title if that individual has been convicted of a crime relating 

to the review, retention, removal, or destruction of records of the 

Archives. 

* * * * * * * 

ø§ 2209. Disclosure requirement for official business conducted using non-official electronic messaging accounts 

ø(a) IN GENERAL.—The President, the Vice President, or a covered employee may not create or send a Presidential or Vice Presidential record using a non-official electronic message account unless the President, Vice President, or covered employee— 

ø(1) copies an official electronic messaging account of the 

President, Vice President, or covered employee in the original 

creation or transmission of the Presidential record or Vice 

Presidential record; or 

ø(2) forwards a complete copy of the Presidential or Vice 

Presidential record to an official electronic messaging account 

of the President, Vice President, or covered employee not later 

than 20 days after the original creation or transmission of the 

Presidential or Vice Presidential record. 

ø(b) ADVERSE ACTIONS.—The intentional violation of subsection 

(a) by a covered employee (including any rules, regulations, or 

other implementing guidelines), as determined by the appropriate 

supervisor, shall be a basis for disciplinary action in accordance 

with subchapter I, II, or V of chapter 75 of title 5, as the case may 

be. 

ø(c) DEFINITIONS.—In this section: 

ø(1) COVERED EMPLOYEE.—The term ‘‘covered employee’’ 

means— 

ø(A) the immediate staff of the President; 

ø(B) the immediate staff of the Vice President; 

ø(C) a unit or individual of the Executive Office of the 

President whose function is to advise and assist the President; and 

ø(D) a unit or individual of the Office of the Vice President whose function is to advise and assist the Vice President. 

ø(2) ELECTRONIC MESSAGES.—The term ‘‘electronic messages’’ 

means electronic mail and other electronic messaging systems 

that are used for purposes of communicating between individuals. 

ø(3) ELECTRONIC MESSAGING ACCOUNT.—The term ‘‘electronic 

messaging account’’ means any account that sends electronic 

messages.¿ 

§ 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— 


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(1) includes an official electronic messaging account of the 

President, Vice President, or covered employee, as applicable, as 

a recipient in the original creation or transmission of the applicable electronic message and identifies all recipients of the applicable electronic message in such message; 

(2) forwards a complete copy of the applicable electronic message, including a complete list of the recipients of such message, 

to an official electronic messaging account of the President, Vice 

President, or covered employee, as applicable, within twenty 

days after the original creation or transmission of the message; 

or 

(3) prints a complete copy of the applicable electronic message, including a complete list of the recipients of such message, 

and submits the message to the appropriate location or individual for appropriate archival storage by the Executive Office 

of the President within twenty days after the original creation 

or transmission of the message. 

(b) ADVERSE ACTIONS.—An intentional violation of subsection (a) 

(including any rules, regulations, or other implementing guidelines) 

by a covered employee, as determined by the appropriate supervisor, 

shall be forwarded to the Inspector General of the agency for a 

verification of the violation, and upon verification, shall be subject 

to the suspension and removal provisions under section 7552 of title 

5. 

(c) DEFINITIONS.—In this section: 

(1) COVERED EMPLOYEE.—The term ‘‘covered employee’’ 

means— 

(A) the immediate staff of the President; 

(B) the immediate staff of the Vice President; 

(C) an individual of the Executive Office of the President 

whose function is to advise and assist the President; or 

(D) an individual of the Office of the Vice President 

whose function is to advise and assist the Vice President. 

(2) ELECTRONIC MESSAGE.—The term ‘‘electronic message’’ 

means electronic mail and all other means by which individuals and groups may communicate with each other electronically. 

(3) ELECTRONIC MESSAGING ACCOUNT.—The term ‘‘electronic 

messaging account’’ means any account that sends an electronic 

message. 

* * * * * * * 

CHAPTER 29—RECORDS MANAGEMENT BY THE 

ARCHIVIST OF THE UNITED STATES 

* * * * * * * 

ø§ 2911. Disclosure requirement for official business conducted using non-official electronic messaging accounts 

ø(a) IN GENERAL.—An officer or employee of an executive agency 

may not create or send a record using a non-official electronic messaging account unless such officer or employee— 


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ø(1) copies an official electronic messaging account of the officer or employee in the original creation or transmission of the 

record; or 

ø(2) forwards a complete copy of the record to an official electronic messaging account of the officer or employee not later 

than 20 days after the original creation or transmission of the 

record. 

ø(b) ADVERSE ACTIONS.—The intentional violation of subsection 

(a) (including any rules, regulations, or other implementing guidelines), as determined by the appropriate supervisor, shall be a basis 

for disciplinary action in accordance with subchapter I, II, or V of 

chapter 75 of title 5, as the case may be. 

ø(c) DEFINITIONS.—In this section: 

ø(1) ELECTRONIC MESSAGES.—The term ‘‘electronic messages’’ 

means electronic mail and other electronic messaging systems 

that are used for purposes of communicating between individuals. 

ø(2) ELECTRONIC MESSAGING ACCOUNT.—The term ‘‘electronic 

messaging account’’ means any account that sends electronic 

messages. 

ø(3) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has 

the meaning given that term in section 105 of title 5.¿ 

§ 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. 


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(2) ELECTRONIC MESSAGING ACCOUNT.—The term ‘‘electronic 

messaging account’’ means any account that sends an electronic 

message. 

* * * * * * * 

CHAPTER 31—RECORDS MANAGEMENT BY FEDERAL 

AGENCIES 

Sec. 

3101. Records management by agency heads; general duties. 

* * * * * * * 

3108. Senior Agency Official for Records Compliance. 

* * * * * * * 

§ 3102. Establishment of program of management 

The head of each Federal agency shall establish and maintain an 

active, continuing program for the economical and efficient management of the records of the agency. The program, among other 

things, shall provide for 

(1) effective controls over the creation and over the maintenance and use of records in the conduct of current business; 

(2) procedures for identifying records of general interest or 

use to the public that are appropriate for public disclosure, and 

for posting such records in a publicly accessible electronic format; 

(3) cooperation with the Archivist in applying standards, procedures, and techniques designed to improve the management 

of records, promote the maintenance and security of records 

deemed appropriate for preservation, and facilitate the segregation and disposal of records of temporary value; and 

(4) compliance with sections 2101–2117, 2501–2507, 2901– 

2909, and 3101–3107, of this title and the regulations issued 

under them. 

(4) the identification of electronic messaging accounts (as defined in section 2911) that should be preserved because such accounts are most likely to contain records that should be preserved as permanent Federal records and the automatic retention of those records, including the accounts of each head of a 

Federal agency, the deputies and assistants of such head, the 

head of each program office and staff office, each assistant secretary, each administrator, each commissioner, each director of 

an office, bureau, or the equivalent, each principal regional official, each staff assistant to such official (such as a special assistant, confidential assistant, or administrative assistant), 

each career Federal employee, each political appointee, and 

each member of the Armed Forces serving in equivalent or comparable positions; and 

(5) electronic capture, management, and preservation of the 

electronic messaging accounts (as defined in section 2911) described in paragraph (4), in accordance with the records disposal requirements of chapter 33 of this title such that— 

(A) electronic records are readily accessible for retrieval 

through electronic searches; and 


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(B) there are mandatory minimum functional requirements for electronic records management systems to ensure 

compliance with this section. 

* * * * * * * 

ø§ 3106. Unlawful removal, destruction of records 

ø(a) FEDERAL AGENCY NOTIFICATION.—The head of each Federal 

agency shall notify the Archivist of any actual, impending, or 

threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the 

agency, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records the 

head of the Federal agency knows or has reason to believe have 

been unlawfully removed from that agency, or from another Federal agency whose records have been transferred to the legal custody of that Federal agency. 

ø(b) ARCHIVIST NOTIFICATION.—In any case in which the head of 

a Federal agency does not initiate an action for such recovery or 

other redress within a reasonable period of time after being notified of any such unlawful action described in subsection (a), or is 

participating in, or believed to be participating in any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.¿ 

§ 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 


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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. 

§ 3107. Authority of Comptroller General 

øChapters 21¿ (a) IN GENERAL.—Chapters 21, 25, 27, 29, and 31 

of this title do not limit the authority of the Comptroller General 

of the United States with respect to prescribing accounting systems, forms, and procedures, or lessen the responsibility of collecting and disbursing officers for rendition of their accounts for 

settlement by the General Accounting Office. 

(b) COMPTROLLER GENERAL EVALUATION.—The Comptroller General shall evaluate and report to Congress not less than every two 

years on Federal agency management of electronic mail records required under paragraphs (4) and (5) of section 3102. 

§ 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. 

* * * * * * * 

INSPECTOR GENERAL ACT 

* * * * * * * 

DUTIES AND RESPONSIBILITIES

SEC. 4. (a) It shall be the duty and responsibility of each Inspector General, with respect to the establishment within which his Office is established— 

(1) to provide policy direction for and to conduct, supervise, 

and coordinate audits and investigations relating to the programs and operations of such establishment; 

(2) to review existing and proposed legislation and regulations relating to programs and operations of such establishment and to make recommendations in the semiannual reports 

required by section 5(a) concerning the impact of such legislation or regulations on the economy and efficiency in the administration of programs and operations administered or financed 


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by such establishment or the prevention and detection of fraud 

and abuse in such programs and operations; 

(3) to recommend policies for, and to conduct, supervise, or 

coordinate other activities carried out or financed by such establishment for the purpose of promoting economy and efficiency in the administration of, or preventing and detecting 

fraud and abuse in, its programs and operations; 

(4) to recommend policies for, and to conduct, supervise, or 

coordinate relationships between such establishment and other 

Federal agencies, State and local governmental agencies, and 

non-governmental entities with respect to (A) all matters relating to the promotion of economy and efficiency in the administration of, or the prevention and detection of fraud and abuse 

in, programs and operations administered or financed by such 

establishment, or (B) the identification and prosecution of participants in such fraud or abuseø; and¿; 

(5) to keep the head of such establishment and the Congress 

fully and currently informed, by means of the reports required 

by section 5 and otherwise, concerning fraud and other serious 

problems, abuses, and deficiencies relating to the administration of programs and operations administered or financed by 

such establishment, to recommend corrective action concerning 

such problems, abuses, and deficiencies, and to report on the 

progress made in implementing such corrective actionø.¿; and 

(6) to review existing and proposed legislation and regulations relating to records retention requirements under the chapters 21, 29, 31, and 33 of title 44, United States Code (commonly referred to as the Federal Records Act) for programs and 

operations of such establishment and to make recommendations 

in the semiannual reports required by section 5(a) concerning 

compliance with records retention requirements. 

(b)(1) In carrying out the responsibilities specified in subsection 

(a)(1), each Inspector General shall— 

(A) comply with standards established by the Comptroller 

General of the United States for audits of Federal establishments, organizations, programs, activities, and functions; 

(B) establish guidelines for determining when it shall be appropriate to use non-Federal auditors; and 

(C) take appropriate steps to assure that any work performed by non-Federal auditors complies with the standards 

established by the Comptroller General as described in paragraph (1). 

(2) For purposes of determining compliance with paragraph 

(1)(A) with respect to whether internal quality controls are in place 

and operating and whether established audit standards, policies, 

and procedures are being followed by Offices of Inspector General 

of establishments defined under section 12(2), Offices of Inspector 

General of designated Federal entities defined under section 

8F(a)(2), and any audit office established within a Federal entity 

defined under section 8F(a)(1), reviews shall be performed exclusively by an audit entity in the Federal Government, including the 

General Accounting Office or the Office of Inspector General of 

each establishment defined under section 12(2), or the Office of Inspector General of each designated Federal entity defined under 

section 8F(a)(2). 


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(c) In carrying out the duties and responsibilities established 

under this Act, each Inspector General shall give particular regard 

to the activities of the Comptroller General of the United States 

with a view toward avoiding duplication and insuring effective coordination and cooperation. 

(d) In carrying out the duties and responsibilities established 

under this Act, each Inspector General shall report expeditiously to 

the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law. 

* * * * * * * 

Æ 


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