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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) IN GENERAL.—This Act may be cited as the 
‘‘Federal Records Accountability Act of 2014’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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. 
SEC. 2. REMOVAL FOR DELIBERATE DESTRUCTION OF FED-
ERAL RECORDS. 
(a) IN GENERAL.—Chapter 75 of title 5, United 
States Code, is amended by adding after subchapter V the 
following: 
‘‘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 serv-
ice who is not serving a probationary or trial 
period under an initial appointment or who has 
completed 1 year of current continuous employ-
ment 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 Ex-
ecutive 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) 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 Inspec-
tor General of an agency determines an employee of the 
agency has 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 verifies a violation 
under section 2208 or 2911 of title 44, the Inspector Gen-
eral shall promptly inform the head of the agency of that 
determination in writing. 
‘‘(b) SUSPENSION.—Notwithstanding any other pro-
vision of law, the head of an agency shall suspend an em-
ployee of that agency who has been determined by the In-
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spector General under subsection (a) to have willfully and 
unlawfully concealed, removed, mutilated, obliterated, fal-
sified, 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 Gen-
eral to be in violation of section 2208 or 2911 of title 44. 
‘‘(c) REQUIREMENTS AFTER SUSPENSION.—An em-
ployee 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 re-
ceipt of the written statement under paragraph (2), 
plus an additional 15 days if the charges are amend-
ed, to answer the charges and submit affidavits; 
‘‘(4) a hearing, at the request of the employee, 
by an agency authority duly constituted for this pur-
pose; 
‘‘(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 
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‘‘(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, fal-
sified, or destroyed any record, proceeding, map, book, 
document, paper, or other thing in the custody of such 
employee. 
‘‘(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.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF SECTIONS.—The table of sections 
for chapter 75 of title 5, United States Code, is 
amended by adding at the end the following new 
items: 
‘‘SUBCHAPTER VI—FEDERAL RECORDS 
‘‘7551. Definitions. 
‘‘7552. Suspension and removal.’’. 
(2) SUBCHAPTER
II
APPLICABILITY.—Section 
7512 of such title is amended— 
(A) in subparagraph (D), by striking ‘‘or’’ 
at the end; 
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(B) in subparagraph (E), by striking the 
period at the end and inserting ‘‘, or’’; and 
(C) by adding at the end the following: 
‘‘(F) a suspension or removal under section 
7552 of this title.’’. 
SEC. 3. USE OF NON-OFFICIAL ELECTRONIC MESSAGING 
ACCOUNTS. 
(a) PRESIDENTIAL RECORDS ACT.—Chapter 22 of 
title 44, United States Code is amended by adding at the 
end the following new section: 
‘‘§ 2208. 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 ‘applica-
ble electronic message’) unless the President, Vice Presi-
dent, or covered employee— 
‘‘(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; 
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‘‘(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 fifteen 
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 appro-
priate archival storage by the Executive Office of the 
President within fifteen days after the original cre-
ation 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 deter-
mined 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— 
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‘‘(A) the immediate staff of the President; 
‘‘(B) the immediate staff of the Vice Presi-
dent; 
‘‘(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 ‘elec-
tronic message’ means electronic mail and all other 
means by which individuals and groups may commu-
nicate with each other electronically. 
‘‘(3) ELECTRONIC MESSAGING ACCOUNT.—The 
term ‘electronic messaging account’ means any ac-
count that sends an electronic message.’’. 
(b) FEDERAL RECORDS.—Chapter 29 of title 44, 
United States Code is amended by adding at the end the 
following new section: 
‘‘§ 2911. Disclosure requirement for official business 
conducted using non-official electronic 
messaging accounts 
‘‘(a) IN GENERAL.—An officer or employee of a Fed-
eral agency may not create or send a record using a non- 
official electronic messaging account (in this section, re-
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ferred 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 applica-
ble 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 
fifteen days after the original creation or trans-
mission 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 ap-
propriate location or individual for appropriate ar-
chival storage by the Federal agency within fifteen 
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 a 
Federal agency, as determined by the appropriate super-
visor, shall be forwarded to the Inspector General of the 
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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 ‘elec-
tronic message’ means electronic mail and all other 
means by which individuals and groups may commu-
nicate with each other electronically. 
‘‘(2) ELECTRONIC MESSAGING ACCOUNT.—The 
term ‘electronic messaging account’ means any ac-
count that sends an electronic message.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) CHAPTER 22.—The table of sections at the 
beginning of chapter 22 of title 44, United States 
Code, is amended by adding at the end the following 
new item: 
‘‘2208. Disclosure requirement for official business conducted using non-official 
electronic messaging accounts.’’. 
(2) CHAPTER 29.—The table of sections at the 
beginning of chapter 29 of title 44, United States 
Code, is amended by adding at the end the following 
new item: 
‘‘2911. Disclosure requirement for official business conducted using non-official 
electronic messaging accounts.’’. 
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SEC. 4. REPORTING OF THE LOSS OR POTENTIAL LOSS OF 
RECORDS. 
Section 3106 of title 44, United States Code, is 
amended to read as follows: 
‘‘§ 3106. Unlawful removal, destruction of records 
‘‘(a) NOTIFICATION.— 
‘‘(1) ARCHIVIST AND PUBLIC NOTIFICATION.— 
Whenever the actual, impending, or threatened un-
lawful concealment, removal, mutilation, obliteration, 
falsification, or destruction of any record, pro-
ceeding, map, book, document, paper, or other thing 
in the custody of an agency comes to the attention 
of the head of the Federal agency, the head of the 
agency 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 agency. 
‘‘(2) AGENCY
NOTIFICATION.—Whenever the 
actual, impending, or threatened unlawful conceal-
ment, removal, mutilation, obliteration, falsification, 
or destruction of any record, proceeding, map, book, 
document, paper, or other thing in the custody of an 
agency comes to the attention of a Senior Agency 
Official for Records Management, such official shall 
immediately notify the head of the agency. 
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‘‘(b) RECLAMATION OF RECORDS.—With the assist-
ance of the Archivist, the head of a Federal agency shall 
initiate action through the Attorney General for the recov-
ery 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 trans-
ferred to the legal custody of such head. 
‘‘(c) ACTION BY THE ARCHIVIST.—In any case in 
which the head of the agency does not initiate an action 
for the recovery of records described in subsection (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 an action 
described in subsection (b), and shall notify the Congress 
not later than 5 days after the date on which such a re-
quest has been submitted to the Attorney General.’’. 
SEC. 5. SENIOR AGENCY OFFICIAL FOR RECORDS COMPLI-
ANCE. 
(a) SENIOR AGENCY OFFICIAL.—Chapter 31 of title 
44, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 3108. Senior Agency Official for Records Compli-
ance 
‘‘(a) DESIGNATION.—Not later than November 15, 
2014, the head of each Federal agency shall designate a 
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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 Sec-
retary or the equivalent; and 
‘‘(2) be responsible for the coordinating with 
the appropriate Agency Records Officer and appro-
priate 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.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections at the beginning of chapter 31 of 
title 44, United States Code, is amended by adding at the 
end the following new item: 
‘‘3108. Senior Agency Official for Records Compliance.’’. 
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SEC. 6. PRESERVATION OF ELECTRONIC MESSAGES AND 
OTHER RECORDS. 
(a) REQUIREMENT FOR PRESERVATION OF ELEC-
TRONIC MESSAGES.—Chapter 29 of title 44, United 
States Code, as amended by section 3(b), is further 
amended by adding at the end the following new section: 
‘‘§ 2912. Preservation of electronic messages and 
other records 
‘‘(a) REGULATIONS REQUIRED.—Not later than 18 
months after the date of the enactment of this section, 
the Archivist shall promulgate regulations governing Fed-
eral agency preservation of electronic messages that are 
determined to be records (as such term is defined under 
section 3301 of this title). Such regulations shall, at a 
minimum— 
‘‘(1) require the electronic capture, manage-
ment, and preservation of such electronic records in 
accordance with the records disposition requirements 
of chapter 33 of this title; 
‘‘(2) require that such electronic records are 
readily accessible for retrieval through electronic 
searches; 
‘‘(3) establish mandatory minimum functional 
requirements for electronic records management sys-
tems to ensure compliance with the requirements in 
paragraphs (1) and (2); 
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‘‘(4) establish a process to certify that Federal 
agencies’ electronic records management systems 
meet the functional requirements established under 
paragraph (3); and 
‘‘(5) include timelines for Federal agency com-
pliance with the regulations that ensure compliance 
as expeditiously as practicable but not later than 2 
years after the date of the enactment of this section. 
‘‘(b) 
COVERAGE
OF
OTHER
ELECTRONIC 
RECORDS.—To the extent practicable, the regulations pro-
mulgated under subsection (a) shall also include require-
ments for the capture, management, and preservation of 
other electronic records. 
‘‘(c) COMPLIANCE BY FEDERAL AGENCIES.—Each 
Federal agency shall comply with the regulations promul-
gated under subsection (a). 
‘‘(d) REVIEW
OF REGULATIONS REQUIRED.—The 
Archivist shall periodically review and, as necessary, 
amend the regulations promulgated under subsection (a). 
‘‘(e) REPORTS ON IMPLEMENTATION OF REGULA-
TIONS.— 
‘‘(1) AGENCY
REPORT
TO
ARCHIVIST.—Not 
later than 3 years after the date of the enactment 
of this section, the head of each Federal agency shall 
submit to the Archivist a report on the agency’s 
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