[House Report 114-757]
[From the U.S. Government Publishing Office]


114th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {       114-757

======================================================================



 
              ELECTRONIC MESSAGE PRESERVATION ACT OF 2015

                                _______
                                

 September 19, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Chaffetz, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2319]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 2319) 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 
without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     2
Section-by-Section...............................................     3
Explanation of Amendments........................................     4
Committee Consideration..........................................     4
Roll Call Votes..................................................     4
Application of Law to the Legislative Branch.....................     4
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     4
Statement of General Performance Goals and Objectives............     4
Duplication of Federal Programs..................................     4
Disclosure of Directed Rule Makings..............................     5
Federal Advisory Committee Act...................................     5
Unfunded Mandate Statement.......................................     5
Earmark Identification...........................................     5
Committee Estimate...............................................     5
Budget Authority and Congressional Budget Office Cost Estimate...     5
Changes in Existing Law Made by the Bill, as Reported............     7

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    H.R. 2319, the Electronic Message Preservation Act of 2015, 
modernizes the way that federal agencies store electronic 
communications. Specifically, the bill would direct the 
National Archives and Records Administration (Archives) to 
require agencies to preserve electronic records electronically. 
The bill would also direct the Archives to ensure that federal 
agencies are meeting minimum electronic storage capabilities 
and would move the government closer to the automatic 
preservation of records, rather than the current self-selection 
process that is prone to error.

                  BACKGROUND AND NEED FOR LEGISLATION

    The federal government urgently needs to modernize its 
recordkeeping infrastructure. When the Federal Records Act was 
originally enacted in 1950, the variety of electronic platforms 
that agencies now use to create federal records did not 
exist.\1\ With new forms of information technology constantly 
emerging, applications and methods that federal agencies 
currently employ to create and preserve records may not even be 
viable in the future, threatening the future availability of 
federal records and making their preservation more difficult, 
expensive, and potentially impossible.\2\
---------------------------------------------------------------------------
    \1\44 U.S.C. chapters 29, 31 and 33.
    \2\Congressional Research Service, Retaining and Preserving Federal 
Records in a Digital Environment: Background and Issues for Congress 
(July 2013).
---------------------------------------------------------------------------
    While the federal government's use of electronic 
communications continues to rise, there are still agencies that 
employ a ``print-to-file'' method of electronic record 
preservation. The volume of business conducted via electronic 
media, especially email, raises the possibility that records 
are lost or improperly destroyed, even without ill-intent. 
Additionally, there are a multitude of challenges with 
recordkeeping systems that require paper copies of electronic 
records, ranging from their susceptibility to error to their 
overall cost.\3\ Complicating matters, the statutes governing 
the capture and storage of electronic records are often 
ambiguous.
---------------------------------------------------------------------------
    \3\Why Federal Agencies Need to Move Towards Electronic 
Recordkeeping, National Archives, available at http://www.archives.gov/
records-mgmt/policy/prod1afn.html.
---------------------------------------------------------------------------
    H.R. 2319 would help address these shortcomings by 
codifying a directive from the Office of Management and Budget 
and the National Archives and Records Administration that 
agencies preserve electronically-created records electronically 
by December 31, 2016.\4\ By codifying this requirement, H.R. 
2319 will help close a number of gaps in current law and ensure 
that federal agencies are using methods approved and 
standardized by the Archives to capture and store all of their 
electronic files. The bill also institutes requirements to 
ensure presidential electronic records preservation is held to 
the same standards as those of other executive agencies.
---------------------------------------------------------------------------
    \4\Office of Management and Budget, Memorandum for the Heads of 
Executive Departments and Agencies and Independent Agencies (Sept. 
2014), available at https://www.whitehouse.gov/sites/default/files/omb/
memoranda/2014/m-14-16.pdf.
---------------------------------------------------------------------------

                          LEGISLATIVE HISTORY

    H.R. 2319 was introduced by Representative Elijah Cummings 
(D-MD) on May 14, 2015, and was referred to the Committee on 
Oversight and Government Reform. On July 12, 2016, the 
Committee ordered the bill reported favorably, by voice vote.
    In the 113th Congress, Rep. Elijah Cummings (D-MD) 
introduced similar legislation, H.R. 1234, which was referred 
to the House Committee on Oversight and Government Reform and 
ordered reported by the Committee with an amendment by voice 
vote on June 25, 2013. Additionally, the text of H.R 1234 was 
incorporated via an amendment by Rep. Cummings during Committee 
consideration of H.R. 5170, the Federal Records Accountability 
Act of 2014, introduced by Rep. Mark Meadows (R-NC). H.R. 5170 
was passed by the House by voice vote on September 16, 2014.
    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 
ordered favorably reported by the Committee on Oversight and 
Government Reform.

                           Section-by-Section


Section 1. Short title

    Designates the short title of the bill as the ``Electronic 
Message Preservation Act of 2015.''

Section 2. Preservation of electronic messages and other records

    Creates 44 U.S.C. Sec. 2912 which requires the Archivist, 
within 120 days 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; and (3) agency compliance with the regulations no 
later than December 31, 2016.
    Further requires not later than two years after enactment 
that the Archivist establish mandatory minimum functional 
requirements for electronic records management and establish a 
process to ensure that federal agencies electronic records 
systems meet the functional requirements established by the 
Archivist and requires federal agencies to comply with the 
Archivist's regulations.
    Requires agencies to report to the Archivist by December 
31, 2017 on their compliance with the Archivist's regulations 
and for the Archivist, in turn, to issue a report on overall 
agency compliance to the House Committee on Oversight and 
Government Reform and the Senate Committee on Homeland Security 
and Governmental Affairs.
    Adds definitions of ``electronic messages'' and 
``electronic records management system'' to 44 U.S.C. 
Sec. 2901.

Section 3. Presidential records

    Subsection (a) amends 44 U.S.C. Sec. 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. Sec. 2210 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 to the 
House Committee on Oversight and Government Reform and the 
Senate Committee on Homeland Security and Governmental Affairs.
    Subsection (d) provides an effective date for section 3 of 
one year after date of enactment.

                       Explanation of Amendments

    No amendments to H.R. 2319 were offered or adopted during 
Full Committee consideration of the bill.

                        Committee Consideration

    On July 12, 2016 the Committee met in open session and 
ordered reported favorably the bill, H.R. 2319, by voice vote, 
a quorum being present.

                            Roll Call Votes

    No roll call votes were requested or conducted during Full 
Committee consideration of H.R. 50.

              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 amends title 44, United States Code, to require 
preservation of certain electronic records by Federal agencies 
and to require a certification and reports relating to 
Presidential records. 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 
goal or objective of this bill is to amend title 44, United 
States Code, to require preservation of certain electronic 
records by Federal agencies and to require a certification and 
reports relating to Presidential records.

                    Duplication of Federal Programs

    No provision of this bill 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

    The Committee estimates that enacting this bill does direct 
the completion of specific rule makings within the meaning of 5 
U.S.C. 551. The bill requires the Archivist of the United 
States, within 120 days of enactment, to promulgate regulations 
governing federal agency preservation of electronic federal 
records.

                     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

    This bill 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)(1) 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 
this bill. However, clause 3(d)(2)(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 of 
1974.

     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 this bill from the Director of 
Congressional Budget Office:

                                                   August 29, 2016.
Hon. Jason Chaffetz,
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. 2319, the 
Electronic Message Preservation Act of 2015.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 2319--Electronic Message Preservation Act of 2015

    H.R. 2319 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. The bill also would amend the 
Presidential Records Act to authorize NARA to manage the 
electronic records of the President.
    Most of the provisions of H.R. 2319 would codify current 
practices of the federal government. Under the Federal REcords 
Act, each agency is required to make and preserve records of 
its activities and to have appropriate systems to manage and 
preserve those records. The act also gives NARA the 
responsibility to oversee and issue guidance on managing 
federal records, including e-mail messages. In 2012, the Office 
of Management and Budget issued a Managing Government Records 
Directive (M-12-18) that requires all federal agencies to 
manage all of their e-mail in an electronic format by 2016. 
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.
    Under the legislation, NARA would have 120 days to 
promulgate regulations and agencies would have two years to 
comply. After reviewing information provided by NARA, CBO 
expects that some agencies--mostly small independent agencies 
with fewer than 100 employees--will not be able to meet the 
2016 deadline specified in the directive for using electronic 
systems to manage e-mail records. Thus, CBO estimates that 
implementing the bill would require those agencies to acquire 
additional computer hardware and software to meet the new 
requirements sooner than they otherwise would have. CBO 
estimates that implementing H.R. 2319 would cost about $4 
million dollars over the 2017-2021 period, for those 
acquisitions; such spending would be subject to the 
availability of appropriated funds. CBO also estimates that 
implementing other provisions of the bill regarding managing 
Presidential records would not have a significant effect on the 
federal budget.
    The legislation also could affect direct spending by 
agencies not funded through annual appropriations; 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.
    CBO estimates that enacting H.R. 2319 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 2319 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Theresa Gullo, 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, and existing law in which no 
change is proposed is shown in roman):

TITLE 44, UNITED STATES CODE

           *       *       *       *       *       *       *


                    CHAPTER 22--PRESIDENTIAL RECORDS

Sec.
2201. Definitions.
     * * * * * * *
2210. Certification of the President's management of Presidential 
          records.

Sec. 2201. Definitions

   As used in this chapter--
          (1) The term ``documentary material'' means all 
        books, correspondence, memoranda, documents, papers, 
        pamphlets, works of art, models, pictures, photographs, 
        plats, maps, films, and motion pictures, including, but 
        not limited to, audio and visual records, or other 
        electronic or mechanical recordations, whether in 
        analog, digital, or any other form.
          (2) The term ``Presidential records'' means 
        documentary materials, or any reasonably segregable 
        portion thereof, created or received by the President, 
        the President's immediate staff, or a unit or 
        individual of the Executive Office of the President 
        whose function is to advise or assist the President, in 
        the course of conducting activities which relate to or 
        have an effect upon the carrying out of the 
        constitutional, statutory, or other official or 
        ceremonial duties of the President. Such term--
                  (A) includes any documentary materials 
                relating to the political activities of the 
                President or members of the President's staff, 
                but only if such activities relate to or have a 
                direct effect upon the carrying out of 
                constitutional, statutory, or other official or 
                ceremonial duties of the President; but
                  (B) does not include any documentary 
                materials that are (i) official records of an 
                agency (as defined in section 552(e) of title 
                5, United States Code); (ii) personal records; 
                (iii) stocks of publications and stationery; or 
                (iv) extra copies of documents produced only 
                for convenience of reference, when such copies 
                are clearly so identified.
          (3) The term ``personal records'' means all 
        documentary materials, or any reasonably segregable 
        portion therof, of a purely private or nonpublic 
        character which do not relate to or have an effect upon 
        the carrying out of the constitutional, statutory, or 
        other official or ceremonial duties of the President. 
        Such term includes--
                  (A) diaries, journals, or other personal 
                notes serving as the functional equivalent of a 
                diary or journal which are not prepared or 
                utilized for, or circulated or communicated in 
                the course of, transacting Government business;
                  (B) materials relating to private political 
                associations, and having no relation to or 
                direct effect upon the carrying out of 
                constitutional, statutory, or other official or 
                ceremonial duties of the President; and
                  (C) materials relating exclusively to the 
                President's own election to the office of the 
                Presidency; and materials directly relating to 
                the election of a particular individual or 
                individuals to Federal, State, or local office, 
                which have no relation to or direct effect upon 
                the carrying out of constitutional, statutory, 
                or other official or ceremonial duties of the 
                President.
          (4) The term ``Archivist'' means the Archivist of the 
        United States.
          (5) The term ``former President'', when used with 
        respect to Presidential records, means the former 
        President during whose term or terms of office such 
        Presidential records were created.
          (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) Through the implementation of records management controls 
and other necessary actions, the President shall take all such 
steps as may be necessary to assure that the activities, 
deliberations, decisions, and policies that reflect the 
performance of the President's constitutional, statutory, or 
other official or ceremonial duties are adequately documented 
and that such records are preserved and maintained as 
Presidential records pursuant to the requirements of this 
section and other provisions of law.
  (b) Documentary materials produced or received by the 
President, the President's staff, or units or individuals in 
the Executive Office of the President the function of which is 
to advise or assist the President, shall, to the extent 
practicable, be categorized as Presidential records or personal 
records upon their creation or receipt and be filed separately.
  (c) During the President's term of office, the President may 
dispose of those Presidential records of such President that no 
longer have administrative, historical, informational, or 
evidentiary value if--
          (1) the President obtains the views, in writing, of 
        the Archivist concerning the proposed disposal of such 
        Presidential records; and
          (2) the Archivist states that the Archivist does not 
        intend to take any action under subsection (e) of this 
        section.
  (d) In the event the Archivist notifies the President under 
subsection (c) that the Archivist does intend to take action 
under subsection (e), the President may dispose of such 
Presidential records if copies of the disposal schedule are 
submitted to the appropriate Congressional Committees at least 
60 calendar days of continuous session of Congress in advance 
of the proposed disposal date. For the purpose of this section, 
continuity of session is broken only by an adjournment of 
Congress sine die, and the days on which either House is not in 
session because of an adjournment of more than three days to a 
day certain are excluded in the computation of the days in 
which Congress is in continuous session.
  (e) The Archivist shall request the advice of the Committee 
on Rules and Administration and the Committee on Governmental 
Affairs of the Senate and the Committee on House Oversight and 
the Committee on Government Operations of the House of 
Representatives with respect to any proposed disposal of 
Presidential records whenever the Archivist considers that--
          (1) these particular records may be of special 
        interest to the Congress; or
          (2) consultation with the Congress regarding the 
        disposal of these particular records is in the public 
        interest.
  (f) During a President's term of office, the Archivist may 
maintain and preserve Presidential records on behalf of the 
President, including records in digital or electronic form. The 
President shall remain exclusively responsible for custody, 
control, and access to such Presidential records. The Archivist 
may not disclose any such records, except under direction of 
the President, until the conclusion of a President's term of 
office, if a President serves consecutive terms upon the 
conclusion of the last term, or such other period provided for 
under section 2204 of this title.
  (g)(1) Upon the conclusion of a President's term of office, 
or if a President serves consecutive terms upon the conclusion 
of the last term, the Archivist of the United States shall 
assume responsibility for the custody, control, and 
preservation of, and access to, the Presidential records of 
that President. The Archivist shall have an affirmative duty to 
make such records available to the public as rapidly and 
completely as possible consistent with the provisions of this 
chapter.
  (2) The Archivist shall deposit all such Presidential records 
in a Presidential archival depository or another archival 
facility operated by the United States. The Archivist is 
authorized to designate, after consultation with the former 
President, a director at each depository or facility, who shall 
be responsible for the care and preservation of such records.
  (3) When the President considers it practicable and in the 
public interest, the President shall include in the President's 
budget transmitted to Congress, for each fiscal year in which 
the term of office of the President will expire, such funds as 
may be necessary for carrying out the authorities of this 
subsection.
  (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.
  (4) The Archivist is authorized to dispose of such 
Presidential records which the Archivist has appraised and 
determined to have insufficient administrative, historical, 
informational, or evidentiary value to warrant their continued 
preservation. Notice of such disposal shall be published in the 
Federal Register at least 60 days in advance of the proposed 
disposal date. Publication of such notice shall constitute a 
final agency action for purposes of review under chapter 7 of 
title 5, United States Code.

           *       *       *       *       *       *       *


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) provisions for advance public notice and 
        description of any Presidential records scheduled for 
        disposal pursuant to section 2203(f)(3);
          (2) provisions for providing notice to the former 
        President when materials to which access would 
        otherwise be restricted pursuant to section 2204(a) are 
        to be made available in accordance with section 
        2205(2);
          (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 ensure 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. 2210. 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.

           *       *       *       *       *       *       *


  CHAPTER 29--RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED STATES

Sec.
2901. Definitions.
     * * * * * * *
2912. Preservation of electronic messages and other records.

Sec. 2901. Definitions

   As used in this chapter, and chapters 21, 25, 31, and 33 of 
this title--
          (1) the term ``records'' has the meaning given it by 
        section 3301 of this title;
          (2) the term ``records management'' means the 
        planning, controlling, directing, organizing, training, 
        promoting, and other managerial activities involved 
        with respect to records creation, records maintenance 
        and use, and records disposition in order to achieve 
        adequate and proper documentation of the policies and 
        transactions of the Federal Government and effective 
        and economical management of agency operations;
          (3) the term ``records creation'' means the 
        production or reproduction of any record;
          (4) the term ``records maintenance and use'' means 
        any activity involving--
                  (A) location of records of a Federal agency;
                  (B) storage, retrieval, and handling of 
                records kept at office file locations by or for 
                a Federal agency;
                  (C) processing of mail by a Federal agency; 
                or
                  (D) selection and utilization of equipment 
                and supplies associated with records and 
                copying;
          (5) the term ``records disposition'' means any 
        activity with respect to--
                  (A) disposal of temporary records no longer 
                necessary for the conduct of business by 
                destruction or donation;
                  (B) transfer of records to Federal agency 
                storage facilities or records centers;
                  (C) transfer to the National Archives of the 
                United States of records determined to have 
                sufficient historical or other value to warrant 
                continued preservation; or
                  (D) transfer of records from one Federal 
                agency to any other Federal agency;
          (6) the term ``records center'' means an 
        establishment maintained and operated by the Archivist 
        or by another Federal agency primarily for the storage, 
        servicing, security, and processing of records which 
        need to be preserved for varying periods of time and 
        need not be retained in office equipment or space;
          (7) the term ``records management study'' means an 
        investigation and analysis of any Federal agency 
        records, or records management practices or programs 
        (whether manual or automated), with a view toward 
        rendering findings and recommendations with respect 
        thereto;
          (8) the term ``inspection'' means reviewing any 
        Federal agency's records or records management 
        practices or programs with respect to effectiveness and 
        compliance with records management laws and making 
        necessary recommendations for correction or improvement 
        of records management;
          (9) the term ``servicing'' means making available for 
        use information in records and other materials in the 
        custody of the Archivist, or in a records center--
                  (A) by furnishing the records or other 
                materials, or information from them, or copies 
                or reproductions thereof, to any Federal agency 
                for official use, or to the public; or
                  (B) by making and furnishing authenticated or 
                unauthenticated copies or reproductions of the 
                records or other materials;
          (10) the term ``unauthenticated copies'' means exact 
        copies or reproductions of records or other materials 
        that are not certified as such under seal and that need 
        not be legally accepted as evidence;
          (11) the term ``National Archives of the United 
        States'' means those official records which have been 
        determined by the Archivist of the United States to 
        have sufficient historical or other value to warrant 
        their continued preservation by the Federal Government, 
        and which have been accepted by the Archivist for 
        deposit in the Archivist's custody;
          (12) the term ``Archivist'' means the Archivist of 
        the United States;
          (13) the term ``executive agency'' shall have the 
        meaning given such term by section 102 of title 40;
          (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.

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Sec. 2912. Preservation of electronic messages and other records

  (a) Regulations Required.--Not later than 120 days 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; 
        and
          (3) include timelines for Federal agency compliance 
        with the regulations that ensure compliance as 
        expeditiously as practicable but not later than 
        December 31, 2016.
  (b) Ensuring Compliance.--Not later than 2 years after the 
date of the enactment of this section, the Archivist shall 
promulgate regulations that--
          (1) establish mandatory minimum functional 
        requirements for electronic records management systems 
        to ensure compliance with the requirements in 
        paragraphs (1) and (2) of subsection (a); and
          (2) establish a process to ensure that Federal 
        agencies' electronic records management systems meet 
        the functional requirements established under paragraph 
        (1).
  (c) Coverage of Other Electronic Records.--To the extent 
practicable, the regulations promulgated under subsections (a) 
and (b) shall also include requirements for the capture, 
management, and preservation of other electronic records.
  (d) Compliance by Federal Agencies.--Each Federal agency 
shall comply with the regulations promulgated under subsections 
(a) and (b).
  (e) Review of Regulations Required.--The Archivist shall 
periodically review and, as necessary, amend the regulations 
promulgated under subsections (a) and (b).
  (f) Reports on Implementation of Regulations.--
          (1) Agency report to archivist.--Not later than 
        December 31, 2017, 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 and shall make the report publicly available on 
        the website of the agency.
          (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) and shall make the 
        report publicly available on the website of the agency.

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