HR 5709 · 114th Congress 2015โ€“2017, ended

Federal Records Modernization Act of 2016

Latest action · Sep 19, 2016 Placed on the Union Calendar, Calendar No. 591.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJul 11, 2016
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Federal Records Modernization Act of 2016

(Sec. 2) This bill creates a process for the suspension and removal of federal employees if an agency inspector general determines that they have: (1) willfully and unlawfully concealed, removed, mutilated, obliterated, falsified, or destroyed any record, proceeding, or other thing in their custody; or (2) violated prohibitions against creating or sending records using nonofficial electronic messaging accounts.

(Sec. 3) The President, Vice President, or their staff or advisers may not create or send a presidential or vice presidential record using nonofficial electronic messaging accounts unless they: (1) include their official electronic messaging account as a recipient in the original creation or transmission of the electronic message (currently, the official account must only be copied on the message); (2) identify all recipients in such message; and (3) print a copy of the message, including a complete list of recipients, to submit for archival storage by the Executive Office of the President (currently, the message must only be forwarded electronically to their official electronic messaging account). Other executive agency officials or employees may not create or send records using nonofficial electronic messaging accounts unless they follow similar requirements to include their official account as a recipient, identify all recipients, and print a copy to submit for their agencies' archival storage.

(Sec. 4) The bill modifies the categories of record removal or destruction that obligate federal agency heads to notify the National Archives and Records Administration (NARA) and initiate actions to recover removed records through the Department of Justice. Agencies must also: (1) notify NARA of concealments or falsifications of agency items, and (2) publish a general description of records at risk or that have been lost.

(Sec. 5) Agencies must designate at least one senior records management official (and then reaffirm or designate new officials each year) to: (1) ensure compliance with records management requirements; and (2) immediately notify the agency whenever an actual or threatened destruction, removal, concealment, or falsification of records comes to their attention.

(Sec. 6) Each agency's records management program must provide for the electronic capture and automatic retention of messaging accounts containing electronic records that should be: (1) preserved as permanent federal records, and (2) accessible for retrieval through electronic searches.

The Government Accountability Office must report every two years on agency management of electronic mail records.

The Inspector General Act is amended to require inspectors general to make semiannual recommendations for compliance with records retention requirements.

(Sec. 7) The bill requires the Federal Register to be: (1) published (e.g., by electronic means), rather than printed; and (2) available for sale or distribution to the public in published form. It revises requirements for the filing of documents with the Office of the Federal Register and the publication of the Code of Federal Regulations.

(Sec. 8) Volunteers serving at NARA may be considered employees for purposes of injury compensation, tort claims, and personal property damages.

Cosponsors

Members who signed on, in the order they did.

No cosponsors are on file for this measure.

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseOversight and Government Reform Committee
Referred Jul 11, 2016Markup Jul 12, 2016Reported Sep 19, 2016

Actions 6

Everything that happened, newest first.

  1. Sep 19, 2016Reported by the Committee on Oversight and Government Reform. H. Rept. 114-759.
  2. Sep 19, 2016Placed on the Union Calendar, Calendar No. 591.
  3. Jul 12, 2016Committee Consideration and Mark-up Session Held.
  4. Jul 12, 2016Ordered to be Reported by Voice Vote.
  5. Jul 11, 2016Introduced in House
  6. Jul 11, 2016Referred to the House Committee on Oversight and Government Reform.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimate

  1. Sep 9, 2016H.R. 5709, Federal Records Modernization Act of 2016As ordered reported by the House Committee on Oversight and Government Reform on July 12, 2016

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article 1, Section 8, Clause 18

The sponsor’s statement, as printed in the Congressional Record, vol. 162, no. 111, July 11, 2016, page H4660.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 745Federal Records Modernization Act of 2017Reintroduced BillJan 30, 2017

Titles 3

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To improve Federal employee compliance with Federal and Presidential recordkeeping requirements, and for other purposes.
Short Titles as Introduced
Federal Records Modernization Act of 2016
Short Titles as Reported to House
Federal Records Modernization Act of 2016

Subjects

Assigned by the Library of Congress. Policy area: Government Operations and Politics.

Text 2

Each version as it was printed, newest first.

  1. Sep 19, 2016Reported in House
  2. Jul 11, 2016Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.