79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–823 

GOOD ACCOUNTING OBLIGATION IN GOVERNMENT ACT 

JULY 16, 2018.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. GOWDY, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

[To accompany H.R. 5415] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 5415) to require agencies to submit reports on outstanding recommendations in the annual budget justification submitted to Congress, having considered the same, report favorably thereon with an amendment and recommend that 

the bill as amended do pass. 

CONTENTS 

Page 

Summary and Purpose of Legislation .................................................................... 3 

Background and Need for Legislation .................................................................... 3 

Statement of Oversight Findings and Recommendations of the Committee ...... 4 

Statement of General Performance Goals and Objectives .................................... 4 

Legislative History .................................................................................................. 4 

Committee Consideration ........................................................................................ 4 

Roll Call Votes ......................................................................................................... 4 

Explanation of Amendments ................................................................................... 4 

Application of Law to the Legislative Branch ....................................................... 4 

Duplication of Federal Programs ............................................................................ 5 

Disclosure of Directed Rule Makings ..................................................................... 5 

Federal Advisory Committee Act ............................................................................ 5 

Unfunded Mandates Statement .............................................................................. 5 

Earmark Identification ............................................................................................ 5 

Committee Estimate ................................................................................................ 5 

New Budget Authority and Congressional Budget Office Cost Estimate ........... 5 

Section-by-Section Analysis .................................................................................... 7 

Changes in Existing Law Made by the Bill, as Reported ..................................... 7 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

2 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Good Accounting Obligation in Government Act’’ 

or the ‘‘GAO–IG Act’’. 

SEC. 2. REPORTS ON OUTSTANDING GOVERNMENT ACCOUNTABILITY OFFICE AND INSPECTOR GENERAL RECOMMENDATIONS. 

(a) REQUIRED REPORTS.—In the annual budget justification submitted to Congress, as submitted with the budget of the President under section 1105 of title 31, 

United States Code, the head of each agency shall include the following: 

(1) A report listing each public recommendation of the Government Accountability Office that is designated by the Government Accountability Office as 

‘‘open’’ or ‘‘closed, unimplemented’’ as of the date on which the annual budget 

justification is submitted. 

(2) A report listing each public recommendation for corrective action from the 

Office of Inspector General of the agency for which no final action has been 

taken as of the date on which the annual budget justification is submitted. 

(3) A report on the implementation status of each public recommendation described in paragraphs (1) and (2), which shall include the following: 

(A) With respect to a public recommendation that is designated by the 

Government Accountability Office as ‘‘open’’ or ‘‘closed, unimplemented’’— 

(i) that the agency has decided not to implement, a detailed justification for the decision; or 

(ii) that the agency has decided to adopt, a timeline for full implementation. 

(B) With respect to a public recommendation for corrective action from 

the Office of Inspector General of the agency— 

(i) for which the agency has taken action not recommended and considers closed, an explanation of the reason why the agency took different action with respect to each audit report to which the public recommendation for corrective action pertains; and 

(ii) for which no final action has been taken, an explanation of the 

reasons why no final action was taken with respect to each audit report 

to which the public recommendation for corrective action pertains. 

(C) With respect to an outstanding unimplemented public recommendation from the Office of Inspector General of the agency that the agency has 

decided to adopt, a timeline for implementation. 

(4) An explanation for any discrepancy between— 

(A) the most recent semiannual report submitted by the Inspector General of the agency and the report submitted under paragraphs (2) and (3); 

and 

(B) any report submitted by the Government Accountability Office relating to public recommendations that are designated by the Government Accountability Office as ‘‘open’’ or ‘‘closed, unimplemented’’ and any report 

submitted under paragraph (1) and (2). 

(b) ADDITIONAL REPORT REQUIREMENTS FOR CERTAIN AGENCIES.—The head of a 

covered agency shall include in the annual budget justification described in subsection (a) a written response to each recommendation designated by the Comptroller in the annual priority recommendation letter sent to such head as high priority for attention by that head. 

(c) COPIES OF SUBMISSIONS.—The head of each agency or covered agency, as applicable, shall provide a copy of the information submitted under subsections (a) and 

(b) to the Comptroller General and the Inspector General of the agency. 

(d) RULE OF CONSTRUCTION.—Nothing in this bill may be construed to affect an 

authority provided to an Inspector General of an agency under the Inspector General Act of 1978 (5 U.S.C. App.), including the authority of such Inspector General 

to identify each recommendation on which final action has not been taken. 

(e) DEFINITIONS.—In this section: 

(1) AGENCY.—the term ‘‘agency’’ means— 

(A) a designated Federal entity, as defined in section 8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.); and 

(B) an establishment, as defined in section 12(2) of the Inspector General 

Act of 1978 (5 U.S.C. App.). 

(2) COVERED AGENCY.—The term ‘‘covered agency’’ means the following: 

(A) Each agency described in section 901(b) of title 31, United States 

Code. 

(B) The Internal Revenue Service. 

(C) The Securities and the Security and Exchange Commission. 

(D) Any additional agency determined by the Comptroller General. 

3 

1Gov’t Accountability Office, Reports and Testimonies: Recommendations Database, https:// 

www.gao.gov/recommendations/. 2Gov’t Accountability Office, Presidential and Congressional Transition: Priority Recommendations, https://www.gao.gov/resources/presidential-transition/priority-recommendations. 3 Id. 

4 E.g., Council of the Inspectors General on Integrity & Efficiency, https://www.oversight.gov/ 

(last accessed July 10, 2018). 5 Id. 

(3) SEMIANNUAL REPORT.—The term ‘‘semiannual report’’ means the semiannual report submitted to Congress by each Inspector General under section 

5 of the Inspector General Act of 1978 (5 U.S.C. App.). 

SUMMARY AND PURPOSE OF LEGISLATION

The GAO–IG Act requires each federal agency to submit—within 

the agency’s annual budget justification to Congress—a list of 

‘‘open’’ and ‘‘closed unimplemented’’ recommendations from the 

Government Accountability Office (GAO), and recommendations for 

corrective action from the agency’s office of the inspector general 

(OIG) for which no final action has been taken. The bill also requires each agency to report on the implementation status of each 

recommendation and justify why it has not been fully implemented. 

BACKGROUND AND NEED FOR LEGISLATION

GAO and agency inspectors general help fight waste, fraud, and 

abuse, and promote effective and efficient executive agencies. To 

achieve these goals, GAO and inspectors general conduct audits 

and investigations, which often result in recommendations directed 

to an agency. As of May 2018, GAO issued 1,566 products with 

4,827 open recommendations.1 Among the database of recommendations, GAO also identifies ‘‘priority recommendations’’ 

warranting immediate attention from the heads of federal agencies.2 If fully implemented, GAO notes these recommendations 

could save large amounts of money; help Congress make decisions 

on major issues; substantially improve or transform major government programs or agencies; eliminate mismanagement, fraud, 

waste, and abuse; ensure programs comply with laws and funds are 

legally spent; and reduce unnecessary duplication, overlap, and 

fragmentation.3

Since 2014, inspectors general have issued more than 8,900 reports with over 40,300 corresponding recommendations.4 Like GAO 

recommendations, OIG findings are often associated with potentially large savings for the federal government. Since 2014, recommendations from OIG audits and investigations identified over 

$99 billion in potential savings.5 The recommendations issued by 

GAO and inspectors general are an excellent tool to improve federal government operations and should be taken seriously by the 

federal agencies that receive them. 

H.R. 5415, the GAO–IG Act, requires agencies to submit within 

the annual budget justification to Congress a list of ‘‘open’’ or 

‘‘closed unimplemented’’ recommendations from GAO, and recommendations for corrective action from the agency’s OIG for 

which no final action has been taken. Agencies should consider and 

track implementation of these recommendations. The GAO–IG Act 

ensures each agency does so, and does so transparently. H.R. 5415 

creates a formal process in which agencies must take stock of their 

open and unimplemented recommendations during each budget 

4 

cycle. The intent is for agencies to use this annual compilation to 

work with GAO and their respective OIG to identify and implement 

major open recommendations. It can be used to implement minor 

recommendations that can be closed quickly and easily. 

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 

previous section. 

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 require agencies to submit reports on outstanding recommendations in the annual budget justification submitted to Congress. 

LEGISLATIVE HISTORY

On March 26, 2018, Representative Mark Walker (R–NC) introduced H.R. 5415, the GAO–IG Act. H.R. 5415 was referred to the 

Committee on Oversight and Government Reform. The Committee 

considered H.R. 5415 at a business meeting on May 23, 2018 and 

ordered the bill favorably reported, as amended, by voice vote. 

Senator Todd Young (R–IN) and Senator Elizabeth Warren (D– 

MA) introduced S. 2276, the Senate companion to H.R. 5415, on 

January 4, 2018. The bill was referred to the Senate Committee on 

Homeland Security and Governmental Affairs. 

COMMITTEE CONSIDERATION

On May 23, 2018, the Committee met in open session and, with 

a quorum being present, ordered the bill favorably reported, as 

amended, by voice vote. 

ROLL CALL VOTES

There were no roll call votes requested or conducted during Committee consideration of H.R. 5415. 

EXPLANATION OF AMENDMENTS

During Committee consideration of the bill, Representative Mark 

Walker (R–NC) offered an amendment in the nature of a substitute 

to require specific agencies to report on GAO high priority programs and to make certain technical corrections. The amendment 

in the nature of a substitute also clarified OIGs are responsible for 

identifying recommendations on which final action has not been 

taken. The amendment in the nature of a substitute was agreed to 

by voice vote. 

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 

5 

relates to the terms and conditions of employment or access to public services and accommodations. This bill requires agencies to submit reports on outstanding recommendations in their annual budget justification to Congress. As such, this bill does not relate to employment or access to public services and accommodations. 

DUPLICATION OF FEDERAL PROGRAMS

In accordance with clause 2(c)(5) of rule XIII 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

This bill does not direct the completion of any specific rule makings within the meaning of section 551 of title 5, United States 

Code. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds the legislation does not establish or authorize the establishment of an advisory committee within the definition of Section 5(b) of the appendix to title 5, United States Code. 

UNFUNDED MANDATES STATEMENT

Pursuant to section 423 of the Congressional Budget and Impoundment Control Act (Pub. L. 113–67) the Committee has included a letter received from the Congressional Budget Office 

below. 

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 of the House of Representatives. 

COMMITTEE ESTIMATE

Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of the 

House of Representatives, the Committee includes below a cost estimate of the bill prepared by the Director of the Congressional 

Budget Office under section 402 of the Congressional Budget Act 

of 1974. 

NEW BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE

COST ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the House of Representatives, the cost estimate prepared by the Congressional Budget Office and submitted pursuant to section 402 of the Congressional 

Budget Act of 1974 is as follows: 

6 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, April 12, 2018. 

Hon. TREY GOWDY, 

Chairman, Committee on Oversight and Government Reform, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1376, the Electronic Message Preservation Act of 2017. 

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, 

Director. 

Enclosure. 

H.R. 1376—Electronic Message Preservation Act of 2017 

H.R. 1376 would direct the National Archives and Records Administration (NARA) to issue regulations governing the preservation of email and other electronic records in an electronic format. 

Under H.R. 1376, NARA would have 120 days to promulgate regulations and agencies would have two years to comply. The bill also 

would amend the Presidential Records Act to authorize NARA to 

manage the President’s electronic records. 

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. That act also requires 

NARA to oversee and issue guidance on managing federal records, 

including email messages. In 2012, the Office of Management and 

Budget issued Managing Government Records Directive (M–12–18), 

which required federal agencies to manage all email records in an 

electronic format by 2016. Although current NARA regulations require that government email messages be stored electronically, 

NARA allows agencies to print and file paper copies instead. 

Using information from NARA, CBO estimates that implementing the bill would have no significant effect on federal spending because most of the provisions of H.R. 1376 would codify current practices. NARA anticipates that by December 2019 all federal 

agencies will have email and other electronic records stored electronically. Having NARA manage Presidential electronic records 

would not have a significant effect on the federal budget, according 

to the agency. 

Enacting H.R. 1376 could affect direct spending by agencies that 

use fees, receipts from the sale of goods, and other collections to 

cover operating costs. Therefore, pay-as-you-go procedures apply. 

Because most agencies can adjust the amounts collected as their 

operating costs change, CBO estimates that any net changes in direct spending by those agencies would be insignificant. Enacting 

the bill would not affect revenues. 

CBO estimates that enacting H.R. 1376 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2029. 

7 

H.R. 1376 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 reviewed by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 establishes the short title of the bill. 

Sec. 2. Reports on outstanding Government Accountability Office 

and Inspector General recommendations 

Section 2 requires each agency to include a report on each of the 

following topics in its annual congressional budget justification: 

1. Each public recommendation of the Government Accountability Office (GAO) that GAO has designated as ‘‘open’’ or 

‘‘closed, unimplemented’’; 

2. Each public recommendation of the agency’s inspector general for which no final action has been taken; 

3. The implementation status of each recommendation identified in the previous two reports, with several elements including a justification for those recommendations the agency has 

elected not to implement and a timeline for those it has; and 

4. An explanation for any discrepancy between the reports in 

items 1 and 2 and those items identified by GAO and the agency’s inspector general. 

Section 2 also requires each agency to include in its congressional budget justification a written response to each priority recommendation identified by GAO. Additionally, a rule of construction in subsection (d) clarifies that the inspector general is the final 

authority in determining whether an agency has taken a final action on one of a recommendation by the inspector general. 

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— 

8 

(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). 

9 

(7) The term ‘‘electronic records management system’’ has the 

meaning given that term under section 2901(16). 

* * * * * * * 

§ 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 concluVerDate Sep 11 2014 02:50 Jul 21, 2018 Jkt 079006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6601 E:\HR\OC\HR823.XXX HR823
10 

sion 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) 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. 

(5) 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). 

* * * * * * * 

§ 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 

11 

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). 

* * * * * * * 

§ 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). 

(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 AND BY THE ADMINISTRATOR OF GENERAL SERVICES 

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 

12 

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 

13 

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; 

(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.—The Archivist shall promulgate 

regulations governing Federal agency preservation of electronic messages that are determined to be records. 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; 

(2) require that such electronic records are readily accessible 

for retrieval through electronic searches; and 

(3) include timelines for Federal agency implementation of 

the regulations that ensure compliance as expeditiously as practicable. 

(b) ENSURING COMPLIANCE.—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 the electronic records 

management system of each Federal agency meets 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. 

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(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). 

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