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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1234 Reported in House (RH)]

                                                  Union Calendar No. 93
113th CONGRESS
  1st Session
                                H. R. 1234

                          [Report No. 113-128]

   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

                             March 18, 2013

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

                             June 25, 2013

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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''.

SEC. 2. RECORDS MANAGEMENT.

    (a) Requirement for Preservation of Electronic Messages.--
            (1) In general.--Chapter 29 of title 44, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 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).''.
            (2) 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 2910 the 
        following new item:

``2911. Preservation of electronic messages and other records.''.
    (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:
``Sec. 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--
            ``(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 
                            non-official electronic messaging 
                            accounts.''.
    <DELETED>(b)</DELETED> (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 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).''.
            (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. 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.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 22 of title 44, United States 
        Code<DELETED>, as amended by subsection (a)(4), is further 
        amended</DELETED> is amended by adding at the end the following 
        new item:

``2208. Certification of the President's management of Presidential 
                            records.''.
    (c) Report to Congress.--Section 2203(f) 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 <DELETED>this section</DELETED> 
subsections (a), (b), and (c) shall take effect one year after the date 
of the enactment of this Act.
    (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:
``Sec. 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.
    ``(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 
                            non-official electronic messaging 
                            accounts.''.
                                                  Union Calendar No. 93

113th CONGRESS

  1st Session

                               H. R. 1234

                          [Report No. 113-128]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             June 25, 2013

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
```