I 
114TH CONGRESS 
2D SESSION 
H. R. 5709 
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 
A BILL 
To improve Federal employee compliance with 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, 
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. 
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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-
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 
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‘‘(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-
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 
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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; 
‘‘(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 
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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; 
(B) in subparagraph (E), by striking the 
period at the end and inserting ‘‘, or’’; and 
(C) by adding at the end the following: 
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‘‘(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 
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, 
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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 
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; 
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‘‘(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: 
‘‘§ 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 
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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. 
‘‘(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: 
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‘‘(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: 
‘‘§ 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 a Federal agency comes to the at-
tention of the head of the Federal agency, the head 
shall— 
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‘‘(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.—When-
ever the actual, impending, or threatened unlawful 
concealment, removal, mutilation, obliteration, fal-
sification, 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 Manage-
ment, such official shall immediately notify the head 
of the Federal agency. 
‘‘(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 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 Ar-
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chivist 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 request has been submitted to the Attorney Gen-
eral.’’. 
SEC. 5. SENIOR AGENCY OFFICIAL FOR RECORDS MANAGE-
MENT. 
(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 Manage-
ment 
‘‘(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 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 
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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— 
(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 
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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 
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.’’. 
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