[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