59–006 

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 


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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). 3Why Federal Agencies Need to Move Towards Electronic Recordkeeping, National Archives, 

available at http://www.archives.gov/records-mgmt/policy/prod1afn.html. 4Office 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. 

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

While the federal government’s use of electronic communications 

continues to rise, there are still agencies that employ a ‘‘print-tofile’’ 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. 

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. 

LEGISLATIVE HISTORY

H.R. 2319 was introduced by Representative Elijah Cummings 

(D–MD) on May 14, 2015, and was referred to the Committee on 


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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. § 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. § 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. § 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. 


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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 


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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: 


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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 email 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. 


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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. 

§ 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 


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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. 

* * * * * * * 

§ 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— 


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(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. 


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(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. 

* * * * * * * 

§ 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; øand¿ 

(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 Codeø.¿; 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). 

* * * * * * * 


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§ 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. 

§ 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; 


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(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); 

øand¿ 

ø(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; 


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(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. 

* * * * * * * 

§ 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 proVerDate Sep 11 2014 01:01 Sep 24, 2016 Jkt 059006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6603 E:\HR\OC\HR757.XXX HR757

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mulgated under subsection (a) and shall make the report publicly available on the website of the agency. 

* * * * * * * 

Æ 


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