IIB 

113TH CONGRESS 

2D SESSION H. R. 5170 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 17 (legislative day, SEPTEMBER 16), 2014 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To improve Federal employee compliance with the Federal 

and Presidential recordkeeping requirements, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) IN GENERAL.—This Act may be cited as the 

3 ‘‘Federal Records Accountability Act of 2014’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Removal for deliberate destruction of Federal records. 

Sec. 3. Use of non-official electronic messaging accounts. 

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

Sec. 5. Senior Agency Official for Records Compliance. 

Sec. 6. Preservation of electronic messages and other records. 

Sec. 7. Presidential records. 

Sec. 8. Retention of electronic correspondence. 

6 SEC. 2. REMOVAL FOR DELIBERATE DESTRUCTION OF FED7 ERAL RECORDS. 

8 (a) IN GENERAL.—Chapter 75 of title 5, United 

9 States Code, is amended by adding after subchapter V the 

10 following: 

11 ‘‘SUBCHAPTER VI—FEDERAL RECORDS 

12 ‘‘§ 7551. Definitions 

13 ‘‘In this subchapter the following definitions apply: 

14 ‘‘(1) EMPLOYEE.—The term ‘employee’ 

15 means— 

16 ‘‘(A) an individual in the competitive serv17 ice who is not serving a probationary or trial 

18 period under an initial appointment or who has 

19 completed 1 year of current continuous employ20 ment in the same or similar positions under 

21 other than a temporary appointment limited to 

22 1 year or less; or 


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1 ‘‘(B) a career appointee in the Senior Ex2 ecutive Service who— 

3 ‘‘(i) has completed the probationary 

4 period prescribed under section 3393(d) of 

5 this title; or 

6 ‘‘(ii) was covered by the provisions of 

7 subchapter II of this chapter immediately 

8 before appointment to the Senior Executive 

9 Service. 

10 ‘‘(2) SUSPENSION.—The term ‘suspension’ has 

11 the meaning given that term in section 7501 of this 

12 title. 

13 ‘‘§ 7552. Suspension and removal 

14 ‘‘(a) INSPECTOR GENERAL FINDING.—If the Inspec15 tor General of an agency determines an employee of the 

16 agency has willfully and unlawfully concealed, removed, 

17 mutilated, obliterated, falsified, or destroyed any record, 

18 proceeding, map, book, document, paper, or other thing 

19 in the custody of such employee, or verifies a violation 

20 under section 2208 or 2911 of title 44, the Inspector Gen21 eral shall promptly inform the head of the agency of that 

22 determination in writing. 

23 ‘‘(b) SUSPENSION.—Notwithstanding any other pro24 vision of law, the head of an agency shall suspend an em25 ployee of that agency who has been determined by the InVerDate Sep 11 2014 00:16 Sep 18, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5170.RFS H5170

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1 spector General under subsection (a) to have willfully and 

2 unlawfully concealed, removed, mutilated, obliterated, fal3 sified, or destroyed any record, proceeding, map, book, 

4 document, paper, or other thing in the custody of such 

5 employee, or who has been verified by the Inspector Gen6 eral to be in violation of section 2208 or 2911 of title 44. 

7 ‘‘(c) REQUIREMENTS AFTER SUSPENSION.—An em8 ployee suspended under subsection (b) is entitled, after 

9 suspension and before removal, to— 

10 ‘‘(1) be represented by an attorney or other 

11 representative; 

12 ‘‘(2) a written statement of the charges against 

13 the employee within 15 days after suspension, which 

14 may be amended within 30 days thereafter; 

15 ‘‘(3) an opportunity within 15 days after the re16 ceipt of the written statement under paragraph (2), 

17 plus an additional 15 days if the charges are amend18 ed, to answer the charges and submit affidavits; 

19 ‘‘(4) a hearing, at the request of the employee, 

20 by an agency authority duly constituted for this pur21 pose; 

22 ‘‘(5) a review of the employee’s case by the 

23 head of the agency or a designee, before a decision 

24 adverse to the employee is made final; and 


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1 ‘‘(6) a written statement of the decision of the 

2 head of the agency. 

3 ‘‘(d) REMOVAL.—Subject to subsection (c) of this 

4 section and after any investigation and review the head 

5 of the agency considers necessary, the head of an agency 

6 shall remove an employee suspended under subsection (b) 

7 if such head determines that the employee willfully and 

8 unlawfully concealed, removed, mutilated, obliterated, fal9 sified, or destroyed any record, proceeding, map, book, 

10 document, paper, or other thing in the custody of such 

11 employee. 

12 ‘‘(e) APPEAL.—An employee who is removed under 

13 subsection (d) is entitled to appeal to the Merit Systems 

14 Protection Board under section 7701 of this title.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 (1) TABLE OF SECTIONS.—The table of sections 

17 for chapter 75 of title 5, United States Code, is 

18 amended by adding at the end the following new 

19 items: 

‘‘SUBCHAPTER VI—FEDERAL RECORDS

‘‘7551. Definitions. 

‘‘7552. Suspension and removal.’’. 

20 (2) SUBCHAPTER II APPLICABILITY.—Section 

21 7512 of such title is amended— 

22 (A) in subparagraph (D), by striking ‘‘or’’ 

23 at the end; 


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1 (B) in subparagraph (E), by striking the 

2 period at the end and inserting ‘‘, or’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(F) a suspension or removal under section 

5 7552 of this title.’’. 

6 SEC. 3. USE OF NON-OFFICIAL ELECTRONIC MESSAGING 

7 ACCOUNTS. 

8 (a) PRESIDENTIAL RECORDS ACT.—Chapter 22 of 

9 title 44, United States Code is amended by adding at the 

10 end the following new section: 

11 ‘‘§ 2208. Disclosure requirement for official business 

12 conducted using non-official electronic 

13 messaging accounts 

14 ‘‘(a) IN GENERAL.—The President, Vice President, 

15 or covered employee may not create or send a Presidential 

16 or Vice Presidential record using a non-official electronic 

17 messaging account (in this section, referred to as ‘applica18 ble electronic message’) unless the President, Vice Presi19 dent, or covered employee— 

20 ‘‘(1) includes an official electronic messaging 

21 account of the President, Vice President, or covered 

22 employee, as applicable, as a recipient in the original 

23 creation or transmission of the applicable electronic 

24 message and identifies all recipients of the applicable 

25 electronic message in such message; 


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1 ‘‘(2) forwards a complete copy of the applicable 

2 electronic message, including a complete list of the 

3 recipients of such message, to an official electronic 

4 messaging account of the President, Vice President, 

5 or covered employee, as applicable, within fifteen 

6 days after the original creation or transmission of 

7 the message; or 

8 ‘‘(3) prints a complete copy of the applicable 

9 electronic message, including a complete list of the 

10 recipients of such message, and submits the message 

11 to the appropriate location or individual for appro12 priate archival storage by the Executive Office of the 

13 President within fifteen days after the original cre14 ation or transmission of the message. 

15 ‘‘(b) ADVERSE ACTIONS.—An intentional violation of 

16 subsection (a) (including any rules, regulations, or other 

17 implementing guidelines) by a covered employee, as deter18 mined by the appropriate supervisor, shall be forwarded 

19 to the Inspector General of the agency for a verification 

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

21 the suspension and removal provisions under section 7552 

22 of title 5. 

23 ‘‘(c) DEFINITIONS.—In this section: 

24 ‘‘(1) COVERED EMPLOYEE.—The term ‘covered 

25 employee’ means— 


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1 ‘‘(A) the immediate staff of the President; 

2 ‘‘(B) the immediate staff of the Vice Presi3 dent; 

4 ‘‘(C) an individual of the Executive Office 

5 of the President whose function is to advise and 

6 assist the President; or 

7 ‘‘(D) an individual of the Office of the Vice 

8 President whose function is to advise and assist 

9 the Vice President. 

10 ‘‘(2) ELECTRONIC MESSAGE.—The term ‘elec11 tronic message’ means electronic mail and all other 

12 means by which individuals and groups may commu13 nicate with each other electronically. 

14 ‘‘(3) ELECTRONIC MESSAGING ACCOUNT.—The 

15 term ‘electronic messaging account’ means any ac16 count that sends an electronic message.’’. 

17 (b) FEDERAL RECORDS.—Chapter 29 of title 44, 

18 United States Code is amended by adding at the end the 

19 following new section: 

20 ‘‘§ 2911. Disclosure requirement for official business 

21 conducted using non-official electronic 

22 messaging accounts 

23 ‘‘(a) IN GENERAL.—An officer or employee of a Fed24 eral agency may not create or send a record using a non25 official electronic messaging account (in this section, reVerDate Sep 11 2014 00:16 Sep 18, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5170.RFS H5170

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1 ferred to as ‘applicable electronic message’) unless such 

2 officer or employee— 

3 ‘‘(1) includes an official electronic messaging 

4 account of the officer or employee as a recipient in 

5 the original creation or transmission of the applica6 ble electronic message and identifies all recipients of 

7 the applicable electronic message in such message; 

8 ‘‘(2) forwards a complete copy of the applicable 

9 electronic message, including a complete list of the 

10 recipients of such message, to an official electronic 

11 messaging account of the officer or employee within 

12 fifteen days after the original creation or trans13 mission of the record; or 

14 ‘‘(3) prints a complete copy of the applicable 

15 electronic message, including a complete list of the 

16 recipients of such message, and submits it to the ap17 propriate location or individual for appropriate ar18 chival storage by the Federal agency within fifteen 

19 days after the original creation or transmission of 

20 the message. 

21 ‘‘(b) ADVERSE ACTIONS.—An intentional violation of 

22 subsection (a) (including any rules, regulations, or other 

23 implementing guidelines) by an officer or employee of a 

24 Federal agency, as determined by the appropriate super25 visor, shall be forwarded to the Inspector General of the 


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1 agency for a verification of the violation, and upon 

2 verification, shall be subject to the suspension and removal 

3 provisions under section 7552 of title 5. 

4 ‘‘(c) DEFINITIONS.—In this section: 

5 ‘‘(1) ELECTRONIC MESSAGE.—The term ‘elec6 tronic message’ means electronic mail and all other 

7 means by which individuals and groups may commu8 nicate with each other electronically. 

9 ‘‘(2) ELECTRONIC MESSAGING ACCOUNT.—The 

10 term ‘electronic messaging account’ means any ac11 count that sends an electronic message.’’. 

12 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

13 (1) CHAPTER 22.—The table of sections at the 

14 beginning of chapter 22 of title 44, United States 

15 Code, is amended by adding at the end the following 

16 new item: 

‘‘2208. Disclosure requirement for official business conducted using non-official 

electronic messaging accounts.’’. 

17 (2) CHAPTER 29.—The table of sections at the 

18 beginning of chapter 29 of title 44, United States 

19 Code, is amended by adding at the end the following 

20 new item: 

‘‘2911. Disclosure requirement for official business conducted using non-official 

electronic messaging accounts.’’. 


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1 SEC. 4. REPORTING OF THE LOSS OR POTENTIAL LOSS OF 

2 RECORDS. 

3 Section 3106 of title 44, United States Code, is 

4 amended to read as follows: 

5 ‘‘§ 3106. Unlawful removal, destruction of records 

6 ‘‘(a) NOTIFICATION.— 

7 ‘‘(1) ARCHIVIST AND PUBLIC NOTIFICATION.— 

8 Whenever the actual, impending, or threatened un9 lawful concealment, removal, mutilation, obliteration, 

10 falsification, or destruction of any record, pro11 ceeding, map, book, document, paper, or other thing 

12 in the custody of an agency comes to the attention 

13 of the head of the Federal agency, the head of the 

14 agency shall— 

15 ‘‘(A) notify the Archivist; and 

16 ‘‘(B) publish a general description of the 

17 records at risk or that have been lost on the 

18 website of the agency. 

19 ‘‘(2) AGENCY NOTIFICATION.—Whenever the 

20 actual, impending, or threatened unlawful conceal21 ment, removal, mutilation, obliteration, falsification, 

22 or destruction of any record, proceeding, map, book, 

23 document, paper, or other thing in the custody of an 

24 agency comes to the attention of a Senior Agency 

25 Official for Records Management, such official shall 

26 immediately notify the head of the agency. 


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1 ‘‘(b) RECLAMATION OF RECORDS.—With the assist2 ance of the Archivist, the head of a Federal agency shall 

3 initiate action through the Attorney General for the recov4 ery of records the head knows or has reason to believe 

5 have been unlawfully removed from the agency, or from 

6 another Federal agency whose records have been trans7 ferred to the legal custody of such head. 

8 ‘‘(c) ACTION BY THE ARCHIVIST.—In any case in 

9 which the head of the agency does not initiate an action 

10 for the recovery of records described in subsection (b) or 

11 other redress within a reasonable period of time after 

12 being notified of any such unlawful removal, the Archivist 

13 shall request the Attorney General to initiate an action 

14 described in subsection (b), and shall notify the Congress 

15 not later than 5 days after the date on which such a re16 quest has been submitted to the Attorney General.’’. 

17 SEC. 5. SENIOR AGENCY OFFICIAL FOR RECORDS COMPLI18 ANCE. 

19 (a) SENIOR AGENCY OFFICIAL.—Chapter 31 of title 

20 44, United States Code, is amended by adding at the end 

21 the following new section: 

22 ‘‘§ 3108. Senior Agency Official for Records Compli23 ance 

24 ‘‘(a) DESIGNATION.—Not later than November 15, 

25 2014, the head of each Federal agency shall designate a 


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1 Senior Agency Official for Records Management, and not 

2 later than November 15 of each year thereafter the head 

3 of each Federal agency shall reaffirm or designate a new 

4 Senior Agency Official for Records Management. 

5 ‘‘(b) AUTHORITIES AND RESPONSIBILITIES.—The 

6 Senior Agency Official for Records Management shall— 

7 ‘‘(1) be at least at the level of an Assistant Sec8 retary or the equivalent; and 

9 ‘‘(2) be responsible for the coordinating with 

10 the appropriate Agency Records Officer and appro11 priate agency officials to ensure compliance with all 

12 applicable records management statutes, regulations, 

13 and any guidance issued by the Archivist. 

14 ‘‘(c) FEDERAL AGENCY COORDINATION.—In addition 

15 to the designation made pursuant to subsection (a), the 

16 head of a Federal agency may designate additional Senior 

17 Agency Officials for Records Management as the head of 

18 the agency determines to be necessary.’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

20 The table of sections at the beginning of chapter 31 of 

21 title 44, United States Code, is amended by adding at the 

22 end the following new item: 

‘‘3108. Senior Agency Official for Records Compliance.’’. 


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1 SEC. 6. PRESERVATION OF ELECTRONIC MESSAGES AND 

2 OTHER RECORDS. 

3 (a) REQUIREMENT FOR PRESERVATION OF ELEC4 TRONIC MESSAGES.—Chapter 29 of title 44, United 

5 States Code, as amended by section 3(b), is further 

6 amended by adding at the end the following new section: 

7 ‘‘§ 2912. Preservation of electronic messages and 

8 other records 

9 ‘‘(a) REGULATIONS REQUIRED.—Not later than 18 

10 months after the date of the enactment of this section, 

11 the Archivist shall promulgate regulations governing Fed12 eral agency preservation of electronic messages that are 

13 determined to be records (as such term is defined under 

14 section 3301 of this title). Such regulations shall, at a 

15 minimum— 

16 ‘‘(1) require the electronic capture, manage17 ment, and preservation of such electronic records in 

18 accordance with the records disposition requirements 

19 of chapter 33 of this title; 

20 ‘‘(2) require that such electronic records are 

21 readily accessible for retrieval through electronic 

22 searches; 

23 ‘‘(3) establish mandatory minimum functional 

24 requirements for electronic records management sys25 tems to ensure compliance with the requirements in 

26 paragraphs (1) and (2); 


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1 ‘‘(4) establish a process to certify that Federal 

2 agencies’ electronic records management systems 

3 meet the functional requirements established under 

4 paragraph (3); and 

5 ‘‘(5) include timelines for Federal agency com6 pliance with the regulations that ensure compliance 

7 as expeditiously as practicable but not later than 2 

8 years after the date of the enactment of this section. 

9 ‘‘(b) COVERAGE OF OTHER ELECTRONIC

10 RECORDS.—To the extent practicable, the regulations pro11 mulgated under subsection (a) shall also include require12 ments for the capture, management, and preservation of 

13 other electronic records. 

14 ‘‘(c) COMPLIANCE BY FEDERAL AGENCIES.—Each 

15 Federal agency shall comply with the regulations promul16 gated under subsection (a). 

17 ‘‘(d) REVIEW OF REGULATIONS REQUIRED.—The 

18 Archivist shall periodically review and, as necessary, 

19 amend the regulations promulgated under subsection (a). 

20 ‘‘(e) REPORTS ON IMPLEMENTATION OF REGULA21 TIONS.— 

22 ‘‘(1) AGENCY REPORT TO ARCHIVIST.—Not 

23 later than 3 years after the date of the enactment 

24 of this section, the head of each Federal agency shall 

25 submit to the Archivist a report on the agency’s 


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1 compliance with the regulations promulgated under 

2 this section. 

3 ‘‘(2) ARCHIVIST REPORT TO CONGRESS.—Not 

4 later than 90 days after receipt of all reports re5 quired by paragraph (1), the Archivist shall submit 

6 to the Committee on Homeland Security and Gov7 ernmental Affairs of the Senate and the Committee 

8 on Oversight and Government Reform of the House 

9 of Representatives a report on Federal agency com10 pliance with the regulations promulgated under sub11 section (a).’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of chapter 29 of title 44, United States 

14 Code, as amended by section 3(c)(2), is further amended 

15 by adding after the item relating to section 2911 the fol16 lowing new item: 

‘‘2912. Preservation of electronic messages and other records.’’. 

17 (c) DEFINITIONS.—Section 2901 of title 44, United 

18 States Code, is amended— 

19 (1) by striking ‘‘and’’ at the end of paragraph 

20 (14); and 

21 (2) by striking paragraph (15) and inserting 

22 the following new paragraphs: 

23 ‘‘(15) the term ‘electronic messages’ means 

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1 tems that are used for purposes of communicating 

2 between individuals; and 

3 ‘‘(16) the term ‘electronic records management 

4 system’ means software designed to manage elec5 tronic records, including by— 

6 ‘‘(A) categorizing and locating records; 

7 ‘‘(B) ensuring that records are retained as 

8 long as necessary; 

9 ‘‘(C) identifying records that are due for 

10 disposition; and 

11 ‘‘(D) ensuring the storage, retrieval, and 

12 disposition of records.’’. 

13 SEC. 7. PRESIDENTIAL RECORDS. 

14 (a) ADDITIONAL REGULATIONS RELATING TO PRESI15 DENTIAL RECORDS.— 

16 (1) IN GENERAL.—Section 2206 of title 44, 

17 United States Code, is amended— 

18 (A) by striking ‘‘and’’ at the end of para19 graph (3); 

20 (B) by striking the period at the end of 

21 paragraph (4) and inserting ‘‘; and’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(5) provisions for establishing standards nec24 essary for the economical and efficient management 


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1 of electronic Presidential records during the Presi2 dent’s term of office, including— 

3 ‘‘(A) records management controls nec4 essary for the capture, management, and pres5 ervation of electronic messages; 

6 ‘‘(B) records management controls nec7 essary to ensure that electronic messages are 

8 readily accessible for retrieval through elec9 tronic searches; and 

10 ‘‘(C) a process to certify the electronic 

11 records management system to be used by the 

12 President for the purposes of complying with 

13 the requirements in subparagraphs (A) and 

14 (B).’’. 

15 (2) DEFINITIONS.—Section 2201 of title 44, 

16 United States Code, is amended by adding at the 

17 end the following new paragraphs: 

18 ‘‘(6) The term ‘electronic messages’ has the 

19 meaning given that term under section 2901(15) of 

20 this title. 

21 ‘‘(7) The term ‘electronic records management 

22 system’ has the meaning given that term under sec23 tion 2901(16) of this title.’’. 

24 (b) CERTIFICATION OF PRESIDENT’S MANAGEMENT

25 OF PRESIDENTIAL RECORDS.— 


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1 (1) CERTIFICATION REQUIRED.—Chapter 22 of 

2 title 44, United States Code, as amended by section 

3 3(a), is further amended by adding at the end the 

4 following new section: 

5 ‘‘§ 2209. Certification of the President’s management 

6 of Presidential records 

7 ‘‘(a) ANNUAL CERTIFICATION.—The Archivist shall 

8 annually certify whether the electronic records manage9 ment controls established by the President meet require10 ments under sections 2203(a) and 2206(5) of this title. 

11 ‘‘(b) REPORT TO CONGRESS.—The Archivist shall re12 port annually to the Committee on Homeland Security and 

13 Governmental Affairs of the Senate and the Committee 

14 on Oversight and Government Reform of the House of 

15 Representatives on the status of the certification.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of chapter 22 of title 44, 

18 United States Code, as amended by section 3(c)(1), 

19 is further amended by adding at the end the fol20 lowing new item: 

‘‘2209. Certification of the President’s management of Presidential records.’’. 

21 (c) REPORT TO CONGRESS.—Section 2203(f) of title 

22 44, United States Code, is amended by adding at the end 

23 the following: 

24 ‘‘(4) One year following the conclusion of a Presi25 dent’s term of office, or if a President serves consecutive 


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1 terms one year following the conclusion of the last term, 

2 the Archivist shall submit to the Committee on Homeland 

3 Security and Governmental Affairs of the Senate and the 

4 Committee on Oversight and Government Reform of the 

5 House of Representatives a report on— 

6 ‘‘(A) the volume and format of electronic Presi7 dential records deposited into that President’s Presi8 dential archival depository; and 

9 ‘‘(B) whether the electronic records manage10 ment controls of that President met the require11 ments under subsection (a) and section 2206(5) of 

12 this title.’’. 

13 (d) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect one year after the date of 

15 the enactment of this Act. 

16 SEC. 8. RETENTION OF ELECTRONIC CORRESPONDENCE. 

17 (a) RETENTION OF RECORDS OF HIGH LEVEL OFFI18 CIALS.—Section 3102 of title 44, United States Code, is 

19 amended— 

20 (1) in paragraph (2), by striking ‘‘; and’’ and 

21 inserting a semicolon; 

22 (2) in paragraph (3), by striking the period at 

23 the end and inserting ‘‘; and’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(4) the identification of electronic messaging 

2 accounts (as defined in section 2911) that should be 

3 preserved because such accounts are most likely to 

4 contain records that should be preserved as perma5 nent Federal records and the automatic retention of 

6 those records, including the accounts of each head of 

7 a Federal agency, the deputies and assistants of 

8 such head, the head of each program office and staff 

9 office, each assistant secretary, each administrator, 

10 each commissioner, each director of an office, bu11 reau, or the equivalent, each principal regional offi12 cial, each staff assistant to such official (such as a 

13 special assistant, confidential assistant, and adminis14 trative assistant), each career Federal employee, 

15 each political appointee, and each member of the 

16 Armed Forces serving in equivalent or comparable 

17 positions; and 

18 ‘‘(5) electronic capture, management, and pres19 ervation of the electronic messaging accounts (as de20 fined in section 2911) described in paragraph (4), in 

21 accordance with the records disposal requirements of 

22 chapter 33 of this title such that— 

23 ‘‘(A) electronic records are readily acces24 sible for retrieval through electronic searches; 

25 and 


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1 ‘‘(B) there are mandatory minimum func2 tional requirements for electronic records man3 agement systems to ensure compliance with this 

4 section.’’. 

5 (b) REVIEW BY THE COMPTROLLER GENERAL OF

6 THE UNITED STATES.—Section 3107 of title 44, United 

7 States Code, is amended— 

8 (1) by striking ‘‘Chapters 21’’ and inserting 

9 ‘‘(a) IN GENERAL.—Chapters 21’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(b) COMPTROLLER GENERAL EVALUATION.—The 

12 Comptroller General shall evaluate and report to Congress 

13 not less than every two years on agency management of 

14 electronic mail records required under paragraphs (4) and 

15 (5) of section 3102.’’. 

16 (c) REVIEW BY INSPECTOR GENERAL.—Section 4(a) 

17 of the Inspector General Act (5 U.S.C. App) is amended— 

18 (1) in paragraph (4), by striking ‘‘; and’’ and 

19 inserting a semicolon; 

20 (2) in paragraph (5), by striking the period at 

21 the end and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following new 

23 paragraph: 

24 ‘‘(6) to review existing and proposed legislation 

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1 ments under the chapters 21, 29, 31 and 33 of title 

2 44, United States Code (commonly referred to as 

3 the Federal Records Act) for programs and oper4 ations of such establishment and to make rec5 ommendations in the semiannual reports required by 

6 section 5(a) concerning compliance with records re7 tention requirements.’’. 

8 (d) EFFECTIVE DATE.—This section and the amend9 ments made by this section shall take effect on December 

10 31, 2016. 

Passed the House of Representatives September 16, 

2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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