[House Report 113-128]
[From the U.S. Government Publishing Office]
113th Congress } { Report
} HOUSE OF REPRESENTATIVES {
1st Session 113-128
======================================================================
ELECTRONIC MESSAGE PRESERVATION ACT
_______
June 25, 2013.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Issa, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 1234]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 1234) to amend title 44, United
States Code, to require preservation of certain electronic
records by Federal agencies, to require a certification and
reports relating to Presidential records, and for other
purposes, having considered the same, report favorably thereon
with amendment and recommend that the bill as amended do pass.
CONTENTS
Page
Committee Statement and Views.................................... 3
Section-by-Section............................................... 5
Explanation of Amendments........................................ 6
Committee Consideration.......................................... 6
Application of Law to the Legislative Branch..................... 6
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 6
Statement of General Performance Goals and Objectives............ 6
Duplication of Federal Programs.................................. 6
Disclosure of Directed Rule Makings.............................. 6
Federal Advisory Committee Act................................... 7
Unfunded Mandate Statement....................................... 7
Earmark Identification........................................... 7
Committee Estimate............................................... 7
Budget Authority and Congressional Budget Office Cost Estimate... 7
Changes in Existing Law Made by the Bill as Reported............. 9
The amendments (stated in terms of the page and line
numbers of the introduced bill) are as follows:
Page 4, before line 16, insert the following new subsection
(and redesignate the subsequent subsection accordingly):
(b) Disclosure Requirement for Official Business Conducted Using Non-
official Electronic Messaging Account.--
(1) Amendment.--Chapter 29 of title 44, United States Code,
as amended by subsection (a)(1), is further amended by adding
at the end the following new section:
``Sec. 2912. Disclosure requirement for official business conducted
using non-official electronic messaging accounts
``(a) In General.--An officer or employee of an executive agency may
not create or send a record using a non-official electronic messaging
account unless such officer or employee--
``(1) copies an official electronic messaging account of the
officer or employee in the original creation or transmission of
the record; or
``(2) forwards a complete copy of the record to an official
electronic messaging account of the officer or employee within
five days after the original creation or transmission of the
record.
``(b) Adverse Actions.--The intentional violation of subsection (a)
(including any rules, regulations, or other implementing guidelines),
as determined by the appropriate supervisor, shall be a basis for
disciplinary action in accordance with subchapter I, II, or V of
chapter 75 of title 5, as the case may be.
``(c) Definitions.--In this section:
``(1) Electronic messages.--The term `electronic messages'
has the meaning given that term in section 2901.
``(2) Electronic messaging account.--The term `electronic
messaging account' means any account that sends electronic
messages.
``(3) Executive agency.--The term `executive agency' has the
meaning given that term in section 105 of title 5.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 29 of title 44, United States Code, as
amended by subsection (a)(2), is further amended by adding at
the end the following new item:
``2912. Disclosure requirement for official business conducted using
non-official electronic messaging accounts.''.
Page 7, beginning on line 17, strike ``, as amended'' and all
that follows through ``is further amended'' on line 18, and
inserting ``is amended''.
Page 8, line 13, strike ``this section'' and insert
``subsections (a), (b), and (c)''.
At the end of the bill, add the following:
(e) Disclosure Requirement for Official Business Conducted
Using Non-official Electronic Messaging Account.--
(1) Amendment.--Chapter 22 of title 44, United States
Code, as amended by subsection (b)(1), is further
amended by adding at the end the following new section:
``Sec. 2209. Disclosure requirement for official business conducted
using non-official electronic messaging accounts
``(a) In General.--An officer or employee of an executive
agency may not create or send a Presidential record using a
non-official electronic messaging account unless such officer
or employee--
``(1) copies an official electronic messaging account
of the officer or employee in the original creation or
transmission of the Presidential record; or
``(2) forwards a complete copy of the Presidential
record to an official electronic messaging account of
the officer or employee within five days after the
original creation or transmission of the Presidential
record.
``(b) Adverse Actions.--The intentional violation of
subsection (a) (including any rules, regulations, or other
implementing guidelines), as determined by the appropriate
supervisor, shall be a basis for disciplinary action in
accordance with subchapter I, II, or V of chapter 75 of title
5, as the case may be.
``(c) Definitions.--In this section:
``(1) Electronic messages.--The term `electronic
messages' has the meaning given that term in section
2901.
``(2) Electronic messaging account.--The term
`electronic messaging account' means any account that
sends electronic messages.
``(3) Executive agency.--The term `executive agency'
has the meaning given that term in section 105 of title
5.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 22 of title 44, United States
Code, as amended by subsection (b)(2), is further
amended by adding at the end the following new item:
``2209. Disclosure requirement for official business conducted using
non-official electronic messaging accounts.''.
Committee Statement and Views
PURPOSE AND SUMMARY
H.R. 1234, the Electronic Message Preservation Act was
introduced on March 18, 2013, by Ranking Minority Member Elijah
E. Cummings (D-MD). As amended, this legislation would require
federal agencies to preserve electronic messages that are
determined to be records, require preservation and
certification of electronic messages that are presidential
records, and make additional changes to improve the Federal
Government's ability to capture and archive electronic federal
records created or sent by personal electronic messaging
accounts of federal employees.
BACKGROUND AND NEED FOR LEGISLATION
Congress first addressed federal recordkeeping in the
1930s, when the combination of growing public concern over poor
agency recordkeeping practices and an expanding federal
bureaucracy necessitated recordkeeping solutions for a larger
volume of records. In 1934, Congress established the National
Archives and the position of Archivist of the United States as
the primary, central agent of records preservation for the
Federal Government.\1\ In 1950, Congress followed up the
establishment of the National Archives with the Federal Records
Act (FRA), which established basic records management authority
for federal agencies and set basic records management
standards, including standards for the disposal of records. The
intent was that agencies would manage their own records
internally, while the National Archives would filter and
preserve those records that were transferred to the National
Archives for posterity.
---------------------------------------------------------------------------
\1\See generally National Archives Act, 48 Stat. 1122 (1934).
---------------------------------------------------------------------------
In 1978, in the wake of Watergate, Congress also passed the
Presidential Records Act (PRA), intended to be a comprehensive
answer to the general issue of presidential records
preservation and maintenance. The PRA defined what did and did
not qualify as a presidential record,\2\ clarified the
ownership of presidential records,\3\ detailed guidelines for
the management and custody of presidential records,\4\
established procedures for restricting access to Presidential
records under certain circumstances,\5\ and granted the
Archivist the ability to promulgate regulations enforcing the
PRA.\6\
---------------------------------------------------------------------------
\2\See id. at Sec. 2201.
\3\ See id. at Sec. 2202.
\4\ See id. at Sec. 2203.
\5\ See id. at Sec. Sec. 2204 and 2205.
\6\ See id. at Sec. 2206. The PRA also provides that the same rules
governing the collection, storage, and preservation of presidential
records govern the collection, storage, and preservation of vice
presidential records. See id. at Sec. 2207.
---------------------------------------------------------------------------
Unfortunately, the rapid migration over the last several
decades toward electronic communication and recordkeeping has
rendered antiquated aspects of both the FRA and the PRA. This
legislation will begin to address the deficiencies of current
law in three ways. First, it will require the electronic
capture, management, and preservation of electronic federal
records by agencies. To ensure the success of this requirement,
the National Archives will be required to establish mandatory
minimum function requirements for electronic records management
systems and to establish a process to certify that agencies'
systems meet those requirements. Second, it will require the
Archivist to issue regulations that establish standards
necessary for the economical and efficient management of
electronic Presidential records during the President's term of
office. Similar to the standard for federal agencies, records
management controls must be established and the Archivist will
be required to annually certify whether the President's
electronic records management controls meet the requirements of
the Archivist. Finally, the legislation will also explicitly
codify a requirement that federal employees who create or
transmit a federal or presidential record through a non-
governmental electronic messaging account file an electronic
copy of that record with their agency.
LEGISLATIVE HISTORY
H.R. 1234, the Electronic Message Preservation Act, was
introduced on March 18, 2013, and referred to the House
Committee on Oversight and Government Reform. In the 112th
Congress, the provisions contained within the introduced
version were among a number of provisions included in H.R. 1144
and in the amended version of H.R. 3071, which was itself
ordered favorably reported by the Oversight and Government
Reform Committee.
At a business meeting on March 20, 2013, the Committee
considered H.R. 1234 and, after the adoption by voice vote of
an amendment offered by Chairman Issa (R-CA), H.R. 1234 was
ordered to be favorably reported from the Committee, also by
voice vote.
Section-by-Section
Section 1. Short title
Section 1 establishes the bill's title as the, ``Electronic
Message Preservation Act.''
Section 2. Records management
Subsection (a) creates 44 U.S.C. 2911 which requires the
Archivist, within 18 months of enactment, to promulgate
regulations governing Federal agency preservation of electronic
federal records which must ensure: (1) the electronic capture,
management, and preservation of electronic records; (2) that
electronic records are readily accessible through electronic
searches; (3) mandatory minimum functional requirements
necessary to comply with electronic storage and retrieval
guidelines; (4) a process is created to certify agency
electronic records management systems meet the necessary
functional requirements; and (5) agency compliance with the
regulations not later than four years after enactment.
Subsection (b) creates 44 U.S.C. 2912 which requires
federal employees who create or send a federal record from a
non-official electronic messaging account to forward a complete
copy of the record to an official electronic messaging account
within five days. In cases of intentional violation of this
disclosure requirement, the section authorizes disciplinary
action as determined by the appropriate supervisor, in
accordance with subchapter I, II, or V of chapter 75 of title
5, U.S. Code.
Subsection (c) adds definitions of ``electronic messages''
and ``electronic records management system'' to 44 U.S.C. 2901.
Section 3. Presidential records
Subsection (a) amends 44 U.S.C. 2206 to require the
Archivist to promulgate provisions for the economical and
efficient management of electronic Presidential records during
the President's term of office.
Subsection (b) creates 44 U.S.C. 2208 which requires the
Archivist to certify whether a presidential administration's
electronic records management system is sufficient to meet the
electronic records management requirements of the Presidential
Records Act.
Subsection (c) requires the Archivist to submit a report to
Congress one year after a President leaves office detailing the
volume and format of the electronic Presidential records
deposited into that President's archival depository.
Subsection (d) provides an effective date for subsection
(a), (b), and (c) of one year after date of enactment.
Subsection (e) creates 44 U.S.C. 2209 which requires
federal employees who create or send a Presidential record from
a non-official electronic messaging account to forward a
complete copy of the record to an official electronic messaging
account within five days. In cases of intentional violation of
this disclosure requirement, the section authorizes
disciplinary action as determined by the appropriate
supervisor, in accordance with subchapter I, II, or V of
chapter 75 of title 5, U.S. Code.
Explanation of Amendments
The provisions of the adopted amendments are explained in
this report.
Committee Consideration
On March 20, 2013, the Committee met in open session and
ordered reported favorably the bill, H.R. 1234, as amended, by
voice vote, a quorum being present.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill requires federal agencies to preserve electronic
messages that are determined to be records, requires
preservation and certification of electronic messages that are
presidential records, and makes additional changes to improve
the Federal Government's ability to capture and archive
electronic federal records created or sent by personal
electronic messaging accounts of federal employees. As such
this bill does not relate to employment or access to public
services and accommodations.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report.
Duplication of Federal Programs
No provision of H.R. 1234 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
H.R. 1234 requires the Archivist to develop and issue a
number of regulations related to electronic messaging. With
regard to federal records, the Archivist is required to issue
regulations within 18 months of enactment of the legislation
to: (1) require the electronic capture, management, and
preservation of electronic records; (2) require that such
electronic records are readily accessible for retrieval by
elections searches; (3) establish mandatory minimum functional
requirements for electronic records management systems; (4)
establish a process to certify agency compliance with
electronic records management system functional requirements;
and (5) provide timelines for agency compliance with the
aforementioned requirements, not to exceed four years from
enactment. The Archivist is also directed to update these
regulations as necessary. With regard to Presidential records,
the Archivist is required to establish standards necessary for
the economical and efficient management of electronic
Presidential Records, including through a process to annually
certify a President's compliance with such regulations.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.
Earmark Identification
H.R. 1234 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 1234. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 1234 from the Director of
Congressional Budget Office:
May 23, 2013.
Hon. Darrell Issa,
Chairman, Committee on Oversight and Government Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1234, the
Electronic Message Preservation Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 1234--Electronic Message Preservation Act
H.R. 1234 would amend federal law concerning the
preservation, storage, and management of records by federal
agencies. The legislation would direct the National Archives
and Records Administration (NARA) to issue regulations
governing the preservation of e-mail and other electronic
records in electronic format and establish procedures for using
nonfederal e-mail services for official government business.
Finally, H.R. 1234 would amend the Presidential Records Act to
authorize NARA to manage the electronic records of the
President.
Under the legislation, NARA would have 18 months to
promulgate regulations on the preservation of electronic
messages, and agencies would have four years to comply. Most of
the provisions of H.R. 1234 would codify or expand current
practices of the federal government. Under the Federal Records
Act, each agency is required to make and preserve records of
its activities. To accomplish this, agencies are required to
have appropriate systems to manage and preserve their records.
The act also gives NARA the responsibility to oversee and issue
guidance on managing federal records, including e-mail
messages. Although current NARA regulations require that
government e-mail messages be stored electronically, NARA
allows agencies to print and file paper copies of e-mail
records. In addition, a 2012 Managing Government Records
Directive (M-12-18) from the Office of Management and Budget
requires that federal agencies manage all e-mail in an
electronic format by 2016.
CBO expects that not all agencies will meet the timeline
specified in the directive for using electronic systems to
manage e-mail records. Some agencies will probably have to
acquire additional computer hardware and software to meet the
new requirements. Based on information from NARA and selected
agencies, CBO estimates that implementing H.R. 1234 would cost
$15 million over the 2014-2018 period, assuming the
availability of appropriated funds. CBO estimates that
implementing other provisions of the bill regarding nonfederal
e-mail and managing Presidential records would not have a
significant impact on the federal budget. The legislation also
could affect direct spending by agencies not funded through
annual appropriations or by agencies considered to be off-
budget. Therefore, pay-as-you-go procedures apply. CBO
estimates, however, that any net increase in spending by those
agencies would not be significant. Enacting the bill would not
affect revenues.
Electronically archiving e-mail could reduce the
administrative costs agencies incur to print and file paper
copies and to perform other tasks, such as fulfilling Freedom
of Information Act requests and retiring records for judicial
proceedings. However, CBO expects that any such savings over
the next five years would be small.
H.R. 1234 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 44, UNITED STATES CODE
* * * * * * *
CHAPTER 22--PRESIDENTIAL RECORDS
Sec.
2201. Definitions.
* * * * * * *
2208. Certification of the President's management of Presidential
records.
2209. Disclosure requirement for official business conducted using non-
official electronic messaging accounts.
Sec. 2201. Definitions
As used in this chapter--
(1) * * *
* * * * * * *
(6) The term ``electronic messages'' has the meaning
given that term under section 2901(15) of this title.
(7) The term ``electronic records management system''
has the meaning given that term under section 2901(16)
of this title.
* * * * * * *
Sec. 2203. Management and custody of Presidential records
(a) * * *
* * * * * * *
(f)(1) * * *
* * * * * * *
(4) One year following the conclusion of a President's term
of office, or if a President serves consecutive terms one year
following the conclusion of the last term, the Archivist shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Government Reform of the House of Representatives a report on--
(A) the volume and format of electronic Presidential
records deposited into that President's Presidential
archival depository; and
(B) whether the electronic records management
controls of that President met the requirements under
sections 2203(a) and 2206(5) of this title.
* * * * * * *
Sec. 2206. Regulations
The Archivist shall promulgate in accordance with section 553
of title 5, United States Code, regulations necessary to carry
out the provisions of this chapter. Such regulations shall
include--
(1) * * *
* * * * * * *
(3) provisions for notice by the Archivist to the
former President when the disclosure of particular
documents may adversely affect any rights and
privileges which the former President may have; [and]
(4) provisions for establishing procedures for
consultation between the Archivist and appropriate
Federal agencies regarding materials which may be
subject to section 552(b)(7) of title 5, United States
Code[.]; and
* * * * * * *
(5) provisions for establishing standards necessary
for the economical and efficient management of
electronic Presidential records during the President's
term of office, including--
(A) records management controls necessary for
the capture, management, and preservation of
electronic messages;
(B) records management controls necessary to
ensure that electronic messages are readily
accessible for retrieval through electronic
searches; and
(C) a process to certify the electronic
records management system to be used by the
President for the purposes of complying with
the requirements in subparagraphs (A) and (B).
* * * * * * *
Sec. 2208. Certification of the President's management of Presidential
records
(a) Annual Certification.--The Archivist shall annually
certify whether the electronic records management controls
established by the President meet requirements under sections
2203(a) and 2206(5) of this title.
(b) Report to Congress.--The Archivist shall report annually
to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Oversight and Government
Reform of the House of Representatives on the status of the
certification.
Sec. 2209. Disclosure requirement for official business conducted using
non-official electronic messaging accounts
(a) In General.--An officer or employee of an executive
agency may not create or send a Presidential record using a
non-official electronic messaging account unless such officer
or employee--
(1) copies an official electronic messaging account
of the officer or employee in the original creation or
transmission of the Presidential record; or
(2) forwards a complete copy of the Presidential
record to an official electronic messaging account of
the officer or employee within five days after the
original creation or transmission of the Presidential
record.
(b) Adverse Actions.--The intentional violation of subsection
(a) (including any rules, regulations, or other implementing
guidelines), as determined by the appropriate supervisor, shall
be a basis for disciplinary action in accordance with
subchapter I, II, or V of chapter 75 of title 5, as the case
may be.
(c) Definitions.--In this section:
(1) Electronic messages.--The term ``electronic
messages'' has the meaning given that term in section
2901.
(2) Electronic messaging account.--The term
``electronic messaging account'' means any account that
sends electronic messages.
(3) Executive agency.--The term ``executive agency''
has the meaning given that term in section 105 of title
5.
* * * * * * *
CHAPTER 29--RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED STATES
AND BY THE ADMINISTRATOR OF GENERAL SERVICES
Sec.
2901. Definitions.
* * * * * * *
2911. Preservation of electronic messages and other records.
2912. Disclosure requirement for official business conducted using non-
official electronic messaging accounts.
Sec. 2901. Definitions
As used in this chapter, and chapters 21, 25, 31, and 33 of
this title--
(1) * * *
* * * * * * *
(14) the term ``Federal agency'' means any executive
agency or any establishment in the legislative or
judicial branch of the Government (except the Supreme
Court, the Senate, the House of Representatives, and
the Architect of the Capitol and any activities under
the direction of the Architect of the Capitol); [and]
[(15) the term ``Administrator'' means the
Administrator of General Services.]
(15) the term ``electronic messages'' means
electronic mail and other electronic messaging systems
that are used for purposes of communicating between
individuals; and
(16) the term ``electronic records management
system'' means software designed to manage electronic
records, including by--
(A) categorizing and locating records;
(B) ensuring that records are retained as
long as necessary;
(C) identifying records that are due for
disposition; and
(D) ensuring the storage, retrieval, and
disposition of records.
* * * * * * *
Sec. 2911. 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 Federal 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, management, 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 systems
to ensure compliance with the requirements in
paragraphs (1) and (2);
(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 compliance
with the regulations that ensure compliance as
expeditiously as practicable but not later than four
years after the date of the enactment of this section.
(b) Coverage of Other Electronic Records.--To the extent
practicable, the regulations promulgated under subsection (a)
shall also include requirements for the capture, management,
and preservation of other electronic records.
(c) Compliance by Federal Agencies.--Each Federal agency
shall comply with the regulations promulgated 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 Regulations.--
(1) Agency report to archivist.--Not later than four
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 compliance with the
regulations promulgated under this section.
(2) Archivist report to congress.--Not later than 90
days after receipt of all reports required by paragraph
(1), the Archivist shall submit to the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Government
Reform of the House of Representatives a report on
Federal agency compliance with the regulations
promulgated under subsection (a).
Sec. 2912. Disclosure requirement for official business conducted using
non-official electronic messaging accounts
(a) In General.--An officer or employee of an executive
agency may not create or send a record using a non-official
electronic messaging account unless such officer or employee--
(1) copies an official electronic messaging account
of the officer or employee in the original creation or
transmission of the record; or
(2) forwards a complete copy of the record to an
official electronic messaging account of the officer or
employee within five days after the original creation
or transmission of the record.
(b) Adverse Actions.--The intentional violation of subsection
(a) (including any rules, regulations, or other implementing
guidelines), as determined by the appropriate supervisor, shall
be a basis for disciplinary action in accordance with
subchapter I, II, or V of chapter 75 of title 5, as the case
may be.
(c) Definitions.--In this section:
(1) Electronic messages.--The term ``electronic
messages'' has the meaning given that term in section
2901.
(2) Electronic messaging account.--The term
``electronic messaging account'' means any account that
sends electronic messages.
(3) Executive agency.--The term ``executive agency''
has the meaning given that term in section 105 of title
5.
* * * * * * *