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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2319 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 589
114th CONGRESS
  2d Session
                                H. R. 2319

                          [Report No. 114-757]

   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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2015

 Mr. Cummings introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

                           September 19, 2016

                   Additional sponsor: Ms. Duckworth

                           September 19, 2016

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
   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 2015''.

SECTION 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.--Not later than 120 days after the date 
of the enactment of this section, the Archivist shall promulgate 
regulations governing Federal agency preservation of electronic 
messages that are determined to be records (as such term is defined 
under section 3301 of this title). Such regulations shall, at a 
minimum--
            ``(1) require the electronic capture, management, and 
        preservation of such electronic records in accordance with the 
        records disposition requirements of chapter 33 of this title;
            ``(2) require that such electronic records are readily 
        accessible for retrieval through electronic searches; and
            ``(3) include timelines for Federal agency compliance with 
        the regulations that ensure compliance as expeditiously as 
        practicable but not later than December 31, 2016.
    ``(b) Ensuring Compliance.--Not later than 2 years after the date 
of the enactment of this section, the Archivist shall promulgate 
regulations that--
            ``(1) establish mandatory minimum functional requirements 
        for electronic records management systems to ensure compliance 
        with the requirements in paragraphs (1) and (2) of subsection 
        (a); and
            ``(2) establish a process to ensure that Federal agencies' 
        electronic records management systems meet the functional 
        requirements established under paragraph (1).
    ``(c) Coverage of Other Electronic Records.--To the extent 
practicable, the regulations promulgated under subsections (a) and (b) 
shall also include requirements for the capture, management, and 
preservation of other electronic records.
    ``(d) Compliance by Federal Agencies.--Each Federal agency shall 
comply with the regulations promulgated under subsections (a) and (b).
    ``(e) Review of Regulations Required.--The Archivist shall 
periodically review and, as necessary, amend the regulations 
promulgated under subsections (a) and (b).
    ``(f) Reports on Implementation of Regulations.--
            ``(1) Agency report to archivist.--Not later than December 
        31, 2017, the head of each Federal agency shall submit to the 
        Archivist a report on the agency's compliance with the 
        regulations promulgated under this section and shall make the 
        report publicly available on the website of the agency.
            ``(2) Archivist report to congress.--Not later than 90 days 
        after receipt of all reports required by paragraph (1), the 
        Archivist shall submit to the Committee on Homeland Security 
        and Governmental Affairs of the Senate and the Committee on 
        Oversight and Government Reform of the House of Representatives 
        a report on Federal agency compliance with the regulations 
        promulgated under subsection (a) and shall make the report 
        publicly available on the website of the agency.''.
    (b) 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.''.
    (c) 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) of this title.
            ``(7) The term `electronic records management system' has 
        the meaning given that term under section 2901(16) of this 
        title.''.
    (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) 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.''.
            (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:
    ``(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.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect one year after the date of the enactment of this Act.
                                                 Union Calendar No. 589

114th CONGRESS

  2d Session

                               H. R. 2319

                          [Report No. 114-757]

_______________________________________________________________________

                                 A BILL

   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.

_______________________________________________________________________

                           September 19, 2016

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```