IB 
Union Calendar No. 591 
114TH CONGRESS 
2D SESSION 
H. R. 5709 
[Report No. 114–759] 
To improve Federal employee compliance with Federal and Presidential 
recordkeeping requirements, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 11, 2016 
Mr. MEADOWS introduced the following bill; which was referred to the 
Committee on Oversight and Government Reform 
SEPTEMBER 19, 2016 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
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A BILL 
To improve Federal employee compliance with Federal and 
Presidential recordkeeping requirements, and for other 
purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) IN GENERAL.—This Act may be cited as the 
‘‘Federal Records Modernization Act of 2016’’. 
(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 Management. 
Sec. 6. Retention of electronic correspondence. 
Sec. 7. Federal Register modernization. 
Sec. 8. Statutory protection for National Archives and Records Administration 
volunteers. 
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-
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ment in the same or similar positions under 
other than a temporary appointment limited to 
1 year or less; or 
‘‘(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) 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 Inspec-
tor 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 Gen-
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eral shall promptly inform the head of the agency of that 
determination in writing. 
‘‘(b) SUSPENSION.—The head of an agency shall sus-
pend an employee of that agency who has been determined 
by the Inspector General under subsection (a) to have will-
fully and unlawfully concealed, removed, mutilated, oblit-
erated, 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 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; 
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‘‘(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 
‘‘(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 
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‘‘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; 
(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.—Section 2209 of title 
44, United States Code, is amended to read as follows: 
‘‘§ 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 ‘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 
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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 appro-
priate archival storage by the Executive Office of the 
President within twenty 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 
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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 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.—Section 2911 of title 44, 
United States Code is amended to read as follows: 
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‘‘§ 2911. Disclosure requirement for official business 
conducted using non-official electronic 
messaging accounts 
‘‘(a) IN GENERAL.—An officer or employee of an ex-
ecutive 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 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 
twenty 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 executive agency within twenty 
days after the original creation or transmission of 
the message. 
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‘‘(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 super-
visor, 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 ‘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
CORRECTION.—Section 
2204(b)(2)(A) of title 44, United States Code, is amended 
by striking ‘‘section 2203(d)(1)’’ and inserting ‘‘section 
2203(g)(1)’’. 
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: 
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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.’’. 
SEC. 6. RETENTION OF ELECTRONIC CORRESPONDENCE. 
(a) RETENTION OF RECORDS OF HIGH LEVEL OFFI-
CIALS.—Section 3102 of title 44, United States Code, is 
amended— 
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(1) in paragraph (2), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(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 perma-
nent 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, bu-
reau, or the equivalent, each principal regional offi-
cial, each staff assistant to such official (such as a 
special assistant, confidential assistant, or adminis-
trative 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 pres-
ervation of the electronic messaging accounts (as de-
fined in section 2911) described in paragraph (4), in 
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accordance with the records disposal requirements of 
chapter 33 of this title such that— 
‘‘(A) electronic records are readily acces-
sible for retrieval through electronic searches; 
and 
‘‘(B) there are mandatory minimum func-
tional requirements for electronic records man-
agement systems to ensure compliance with this 
section.’’. 
(b) REVIEW BY THE COMPTROLLER GENERAL OF 
THE UNITED STATES.—Section 3107 of title 44, United 
States Code, is amended— 
(1) by striking ‘‘Chapters 21’’ and inserting 
‘‘(a) IN GENERAL.—Chapters 21’’; and 
(2) by adding at the end the following: 
‘‘(b) COMPTROLLER GENERAL EVALUATION.—The 
Comptroller General shall evaluate and report to Congress 
not less than every two years on Federal agency manage-
ment of electronic mail records required under paragraphs 
(4) and (5) of section 3102.’’. 
(c) REVIEW BY INSPECTOR GENERAL.—Section 4(a) 
of the Inspector General Act (5 U.S.C. App) is amended— 
(1) in paragraph (4), by striking ‘‘; and’’ and 
inserting a semicolon; 
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(2) in paragraph (5), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(6) to review existing and proposed legislation 
and regulations relating to records retention require-
ments 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 oper-
ations of such establishment and to make rec-
ommendations in the semiannual reports required by 
section 5(a) concerning compliance with records re-
tention requirements.’’. 
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on December 
31, 2017. 
SEC. 7. FEDERAL REGISTER MODERNIZATION. 
(a) REFERENCES TO PRINTING.—Chapter 15 of title 
44, United States Code, is amended— 
(1) in section 1502— 
(A) in the heading, by striking ‘‘print-
ing’’ and inserting ‘‘publishing’’; and 
(B) by striking ‘‘printing and distribution’’ 
and inserting ‘‘publishing’’; 
(2) in section 1507 is amended— 
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(A) by striking ‘‘the duplicate originals or 
certified copies of the document have’’ and in-
serting ‘‘the document has’’; and 
(B) in paragraph (2), by striking ‘‘print-
ed’’ and inserting ‘‘published’’; and 
(3) in section 1509, in subsections (a) and (b) 
of, by striking ‘‘printing, reprinting, wrapping, bind-
ing, and distributing’’ and inserting ‘‘publishing’’, 
each place it appears. 
(b) PUBLISH DEFINED.—Section 1501 of title 44, 
United States Code, is amended— 
(1) by striking ‘‘; and’’ at the end of the defini-
tion for ‘‘person’’ and inserting a semicolon; and 
(2) by inserting after the definition for ‘‘per-
son’’ the following: 
‘‘ ‘publish’ means to circulate for sale or dis-
tribution to the public; and’’. 
(c) FILING DOCUMENTS WITH OFFICE AMEND-
MENT.—Section 1503 of title 44, United States Code, is 
amended to read as follows: 
‘‘§ 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 
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the Office of the Federal Register for publication at times 
established by the Administrative Committee of the Fed-
eral Register by regulation. The Archivist of the United 
States shall cause to be noted on the original of each docu-
ment 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 Ar-
chives and Records Administration and shall be available 
for inspection under regulations prescribed by the Archi-
vist, unless such original is disposed of in accordance with 
disposal schedules submitted by the Administrative Com-
mittee and authorized by the Archivist pursuant to regula-
tions issued under chapter 33 of this title; however, origi-
nals of proclamations of the President and executive or-
ders 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.’’. 
(d) FEDERAL
REGISTER
AMENDMENT.—Section 
1504 of title 44, United States Code, is amended to read 
as follows: 
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‘‘§ 1504. ‘Federal Register’; publishing; contents; dis-
tribution; 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 publica-
tion designated the ‘Federal Register’. The Director of the 
Government Publishing Office shall make available the fa-
cilities 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 regula-
tions 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 Of-
fice, the document was made available for public inspec-
tion. 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 Fed-
eral Register may be fixed by the Administrative Com-
mittee of the Federal Register established by section 1506 
of this title without reference to the restrictions placed 
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upon and fixed for the sale of Government publications 
by sections 1705 and 1708 of this title.’’. 
(e) DOCUMENTS TO BE PUBLISHED IN FEDERAL 
REGISTER.—Section 1505 of title 44, United States Code, 
is amended— 
(1) in subsection (b)— 
(A) in the heading, by striking ‘‘COM-
MENTS’’ and inserting ‘‘NEWS COMMENTARY’’; 
and 
(B) by striking ‘‘comments’’ and inserting 
‘‘news commentary’’; and 
(2) in subsection (c), in the matter following 
paragraph (2)— 
(A) by inserting ‘‘telecommunications, the 
Internet,’’ after ‘‘the press, the radio,’’; and 
(B) by striking ‘‘and two duplicate origi-
nals or two certified copies’’ and inserting ‘‘doc-
ument’’. 
(f) ADMINISTRATIVE COMMITTEE OF THE FEDERAL 
REGISTER
AMENDMENT.—Section 1506 of title 44, 
United States Code, is amended to read as follows: 
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‘‘§ 1506. Administrative Committee of the Federal 
Register; establishment and composition; 
powers and duties 
‘‘The Administrative Committee of the Federal Reg-
ister shall consist of the Archivist of the United States 
or Acting Archivist, who shall chair the committee, an offi-
cer of the Department of Justice designated by the Attor-
ney General, and the Director of the Government Pub-
lishing Office or Acting Director of the Government Pub-
lishing 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; 
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‘‘(4) the prices to be charged for individual cop-
ies 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 
‘‘(6) special editions of the Federal Register.’’. 
(g) CODE
OF
FEDERAL
REGULATIONS
AMEND-
MENT.—Section 1510 of title 44, United States Code, is 
amended to read as follows: 
‘‘§ 1510. Code of Federal Regulations 
‘‘(a) SPECIAL EDITION FOR CODIFICATION OF AGEN-
CY 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 Fed-
eral Register a complete codification of the documents of 
each agency of the Government having general applica-
bility 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. 
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‘‘(b) CODE OF FEDERAL REGULATIONS.—A codifica-
tion prepared under subsection (a) of this section shall be 
published and shall be designated as the ‘Code of Federal 
Regulations’. The Administrative Committee shall regu-
late the manner and forms of publishing this codification. 
‘‘(c) SUPPLEMENTATION, COLLATION, AND REPUBLI-
CATION.—The Administrative Committee shall regulate 
the supplementation and the collation and republication 
of the codification with a view to keeping the Code of Fed-
eral 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 Reg-
ister 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 FED-
ERAL 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 docu-
ments of the several agencies published in the Code of 
Federal Regulations under this section, as amended by 
documents subsequently filed with the Office and pub-
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lished 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 pub-
lished and periodically compiled in supplements to title 3 
of the Code of Federal Regulations.’’. 
(h) TECHNICAL AND CONFORMING AMENDMENTS.— 
The table of sections for chapter 15 of title 44, United 
States Code, is amended by striking the items related to 
sections 1502, 1503, and 1504 and inserting the following: 
‘‘1502. Custody and publishing of Federal documents; appointment of Director. 
‘‘1503. Filing documents with Office; notation of time; public inspection; trans-
mission for publishing. 
‘‘1504. ‘Federal Register’; publishing; contents; distribution; price.’’. 
SEC. 8. STATUTORY PROTECTION FOR NATIONAL AR-
CHIVES 
AND 
RECORDS 
ADMINISTRATION 
VOLUNTEERS. 
Section 2105(d) of title 44, United States Code is 
amended by adding at the end the following new sentence: 
‘‘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 (re-
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lating 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).’’. 
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Union Calendar No. 591 
114TH CONGRESS 
2D SESSION 
H. R. 5709 
[Report No. 114–759] 
A BILL 
To improve Federal employee compliance with Fed-
eral and Presidential recordkeeping requirements, 
and for other purposes. 
SEPTEMBER 19, 2016 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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