Federal Records Accountability Act of 2014 - (Sec. 2) Creates a process for the suspension and removal (subject to specified due process requirements) of an employee whom the Inspector General of a federal agency determines has: (1) willfully and unlawfully concealed, removed, mutilated, obliterated, falsified, or destroyed any record, book, or other thing in the custody of such employee; or (2) violated the following disclosure prohibitions.
(Sec. 3) Prohibits the President, Vice President, or specified staff members or advisers from creating or sending a presidential or vice presidential record using a non-official electronic messaging account unless such individual: (1) includes an official electronic messaging account of the President, Vice President, staff member, or adviser as a recipient in the original creation or transmission of the electronic message and identifies all recipients in such message; and (2) submits the message for appropriate archival storage by the Executive Office of the President.
Prohibits a federal agency official or employee from creating or sending a record using a non-official electronic messaging account 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 electronic message and identifies all recipients in such message; and (2) submits the message for appropriate archival storage by the agency.
(Sec. 4) Requires a federal agency head: (1) whenever the unlawful concealment, removal, mutilation, obliteration, falsification, or destruction of any record, book, or other thing in the agency's custody comes to his or her attention, to notify the Archivist and publish a general description of the records on the agency's website; and (2) to initiate action through the Attorney General for the recovery of records that have been unlawfully removed from the agency. Requires the Archivist to initiate action to recover such records if the agency head fails to do so within a reasonable period.
(Sec. 5) Requires each agency head to designate a Senior Agency Official for Records Management by November 15, 2014 (and to reaffirm or designate a new such Official by November 15 of each year thereafter), who shall ensure compliance with all applicable records management statutes, regulations, and any guidance issued by the Archivist. Authorizes an agency head to designate additional Senior Agency Officials for Records Management as determined necessary.
(Sec. 6) Directs the Archivist to promulgate regulations governing federal agency preservation of electronic messages that are determined to be records, which shall:
Requires: (1) such regulations to include requirements for the capture, management, and preservation of other electronic records; (2) the Archivist to periodically review, and amend as necessary, such regulations; and (3) each federal agency head to report on agency compliance with such regulations to the Archivist, who shall report to specified congressional committees.
(Sec. 7) Directs the Archivist: (1) to promulgate regulations that provide for the establishment of standards for the economical and efficient management of electronic presidential records during the President's term of office, (2) annually, to certify whether the electronic records management controls established by the President meet requirements under this Act and to report to specified congressional committees on the status of such certification, and (3) one year after the conclusion of a President's last term of office, to report on the volume and format of electronic presidential records deposited into that President's archival depository and on whether the electronic records management controls of that President met the requirements of this Act.
(Sec. 8) Requires each agency's records management program to provide for: (1) the identification and automatic retention of electronic messaging accounts that should be preserved as permanent federal records; and (2) the electronic capture, management, and preservation of electronic messaging accounts such that electronic records are readily accessible for retrieval through electronic searches and there are mandatory minimum functional requirements for electronic records management systems to ensure compliance with program requirements. Directs the Comptroller General to report to Congress not less than every two years on agency management of electronic mail records.
Amends the Inspector General Act to include among the duties and responsibilities of each agency's Inspector General to review legislation and regulations relating to records retention requirements for programs and operations of such agency and to make recommendations in required semiannual reports concerning compliance with such requirements.
Makes this section effective on December 31, 2016.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5170 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5170
To improve Federal employee compliance with the Federal and
Presidential recordkeeping requirements, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 23, 2014
Mr. Meadows (for himself and Mr. Issa) introduced the following bill;
which was referred to the Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
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 Representatives 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
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. 2. REMOVAL FOR DELIBERATE DESTRUCTION OF FEDERAL 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
``Sec. 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
``(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) Suspension.--The term `suspension' has the meaning
given that term in section 7501 of this title.
``Sec. 7552. Suspension and removal
``(a) Inspector General Finding.--If the Inspector 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 General shall promptly
inform the head of the agency of that determination in writing.
``(b) Suspension.--Notwithstanding any other provision of law, 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 2208 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.
``(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 subchapters.--The table of subchapters 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:
``(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:
``Sec. 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 `applicable electronic message') unless the
President, Vice President, 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, 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 appropriate archival storage by the Executive
Office of the President 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
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.''.
(b) Federal Records.--Chapter 29 of title 44, United States Code is
amended by adding at the end the following new section:
``Sec. 2911. Disclosure requirement for official business conducted
using non-official electronic messaging accounts
``(a) In General.--An officer or employee of a Federal 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 fifteen 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 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 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.
``(2) Electronic messaging account.--The term `electronic
messaging account' means any account 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.''.
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:
``Sec. 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 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 concealment, 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.
``(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 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 request has been submitted
to the Attorney General.''.
SEC. 5. SENIOR AGENCY OFFICIAL FOR RECORDS COMPLIANCE.
(a) Senior Agency Official.--Chapter 31 of title 44, United States
Code, is amended by adding at the end the following new section:
``Sec. 3108. Senior Agency Official for Records Compliance
``(a) Designation.--Not later than November 15, 2014, 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 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.''.
(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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Mr. Meadows moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H7594-7598)
DEBATE - The House proceeded with forty minutes of debate on H.R. 5170.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H7594-7596)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H7594-7596)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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