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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1376 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 1376

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 17, 2018

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Electronic Message Preservation Act 
of 2017''.

SEC. 2. PRESERVATION OF ELECTRONIC MESSAGES AND OTHER RECORDS.

    (a) Requirement for Preservation of Electronic Messages.--Chapter 
29 of title 44, United States Code, is amended by adding at the end the 
following new section:
``Sec. 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.
    ``(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).''.
    (b) Deadline for Regulations.--
            (1) Preservation of electronic messages.--Not later than 
        120 days after the date of the enactment of this Act, the 
        Archivist shall promulgate the regulations required under 
        section 2912(a) of title 44, United States Code, as added by 
        subsection (a).
            (2) Ensuring compliance.--Not later than 2 years after the 
        date of the enactment of this Act, the Archivist shall 
        promulgate the regulations required under section 2912(b) of 
        title 44, United States Code, as added by subsection (a).
    (c) Reports on Implementation of Regulations.--
            (1) Agency report to archivist.--Not later than 1 year 
        after the date of the enactment of this Act, the head of each 
        Federal agency shall submit to the Archivist a report on the 
        agency's compliance with the regulations promulgated under 
        section 2912 of title 44, United States Code, as added by 
        subsection (a), and shall make the report publicly available on 
        the website of the agency.
            (2) Archivist report to congress.--Not later than 90 days 
        after receipt of all reports required by paragraph (1), the 
        Archivist shall submit to the Committee on Homeland Security 
        and Governmental Affairs of the Senate and the Committee on 
        Oversight and Government Reform of the House of Representatives 
        a report on Federal agency compliance with the regulations 
        promulgated under section 2912(a) of title 44, United States 
        Code, as added by subsection (a), and shall make the report 
        publicly available on the website of the agency.
            (3) Federal agency defined.--In this subsection, the term 
        ``Federal agency'' has the meaning given that term in section 
        2901 of title 44, United States Code.
    (d) Clerical Amendment.--The table of sections at the beginning of 
chapter 29 of title 44, United States Code, is amended by adding after 
the item relating to section 2911 the following new item:

        ``2912. Preservation of electronic messages and other 
                            records.''.
    (e) Definitions.--Section 2901 of title 44, United States Code, is 
amended--
            (1) by striking ``and'' at the end of paragraph (14); and
            (2) by striking paragraph (15) and inserting the following 
        new paragraphs:
            ``(15) the term `electronic messages' means electronic mail 
        and other electronic messaging systems that are used for 
        purposes of communicating between individuals; and
            ``(16) the term `electronic records management system' 
        means software designed to manage electronic records, including 
        by--
                    ``(A) categorizing and locating records;
                    ``(B) ensuring that records are retained as long as 
                necessary;
                    ``(C) identifying records that are due for 
                disposition; and
                    ``(D) ensuring the storage, retrieval, and 
                disposition of records.''.

SEC. 3. PRESIDENTIAL RECORDS.

    (a) Additional Regulations Relating to Presidential Records.--
            (1) In general.--Section 2206 of title 44, United States 
        Code, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(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).''.
            (2) Definitions.--Section 2201 of title 44, United States 
        Code, is amended by adding at the end the following new 
        paragraphs:
            ``(6) The term `electronic messages' has the meaning given 
        that term under section 2901(15).
            ``(7) The term `electronic records management system' has 
        the meaning given that term under section 2901(16).''.
    (b) Certification of President's Management of Presidential 
Records.--
            (1) Certification required.--Chapter 22 of title 44, United 
        States Code, is amended by adding at the end the following new 
        section:
``Sec. 2210. Certification of the President's management of 
              Presidential records
    ``(a) Annual Certification.--The Archivist shall annually certify 
whether the electronic records management controls established by the 
President meet requirements under sections 2203(a) and 2206(5).
    ``(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.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 22 of title 44, United States Code, is 
        amended by adding at the end the following new item:

        ``2210. Certification of the President's management of 
                            Presidential records.''.
    (c) Report to Congress.--Section 2203(g) of title 44, United States 
Code, is amended by adding at the end the following new paragraph:
    ``(5) One year following the conclusion of a President's term of 
office, or if a President serves consecutive terms 1 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).''.
    (d) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of the enactment of this Act.

            Passed the House of Representatives July 16, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```