29–006 

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): 


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(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: 

‘‘§ 2912. Disclosure requirement for official business conducted using nonofficial 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 nonofficial 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: 

‘‘§ 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. 


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1See generally National Archives Act, 48 Stat. 1122 (1934). 

‘‘(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 nonofficial 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. 


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2See id. at § 2201. 3 See id. at § 2202. 4 See id. at § 2203. 5 See id. at §§ 2204 and 2205. 6 See id. at § 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 § 2207. 

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

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. 


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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. 


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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 elecVerDate Mar 15 2010 06:45 Jun 26, 2013 Jkt 029006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR128.XXX HR128

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tronic 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: 


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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 email 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 offbudget. 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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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. 

§ 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. 

* * * * * * * 

§ 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— 


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(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. 

* * * * * * * 

§ 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; 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 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). 

* * * * * * * 

§ 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. 

§ 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— 


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(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. 

§ 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); 

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; 

(B) ensuring that records are retained as long as necessary; 

(C) identifying records that are due for disposition; and 


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(D) ensuring the storage, retrieval, and disposition of 

records. 

* * * * * * * 

§ 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). 

§ 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— 


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(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. 

* * * * * * * 

Æ 


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