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IIB
116TH CONGRESS
1ST SESSION H. R. 1582
IN THE SENATE OF THE UNITED STATES
MARCH 13, 2019
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 preserva-
tion of certain electronic records by Federal agencies,
to require a certification and reports relating to Presi-
dential records, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Electronic Message
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Preservation Act’’.
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SEC. 2. PRESERVATION OF ELECTRONIC MESSAGES AND
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OTHER RECORDS.
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(a) REQUIREMENT FOR PRESERVATION OF ELEC-
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TRONIC MESSAGES.—Chapter 29 of title 44, United
7
States Code, is amended by adding at the end the fol-
8
lowing new section:
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‘‘§ 2912. Preservation of electronic messages and
10
other records
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‘‘(a) REGULATIONS REQUIRED.—The Archivist shall
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promulgate regulations governing Federal agency preser-
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vation of electronic messages that are determined to be
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records. Such regulations shall, at a minimum—
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‘‘(1) require the electronic capture, manage-
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ment, and preservation of such electronic records in
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accordance with the records disposition requirements
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of chapter 33;
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‘‘(2) require that such electronic records are
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readily accessible for retrieval through electronic
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searches; and
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‘‘(3) include timelines for Federal agency imple-
23
mentation of the regulations that ensure compliance
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as expeditiously as practicable.
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‘‘(b) ENSURING COMPLIANCE.—The Archivist shall
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promulgate regulations that—
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‘‘(1) establish mandatory minimum functional
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requirements for electronic records management sys-
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tems to ensure compliance with the requirements in
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paragraphs (1) and (2) of subsection (a); and
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‘‘(2) establish a process to ensure that the elec-
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tronic records management system of each Federal
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agency meets the functional requirements estab-
9
lished under paragraph (1).
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‘‘(c)
COVERAGE
OF
OTHER
ELECTRONIC
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RECORDS.—To the extent practicable, the regulations pro-
12
mulgated under subsections (a) and (b) shall also include
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requirements for the capture, management, and preserva-
14
tion of other electronic records.
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‘‘(d) COMPLIANCE BY FEDERAL AGENCIES.—Each
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Federal agency shall comply with the regulations promul-
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gated under subsections (a) and (b).
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‘‘(e) REVIEW OF REGULATIONS REQUIRED.—The Ar-
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chivist shall periodically review and, as necessary, amend
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the regulations promulgated under subsections (a) and
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(b).’’.
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(b) DEADLINE FOR REGULATIONS.—
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(1) PRESERVATION
OF
ELECTRONIC
MES-
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SAGES.—Not later than 120 days after the date of
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the enactment of this Act, the Archivist shall pro-
1
mulgate the regulations required under section
2
2912(a) of title 44, United States Code, as added by
3
subsection (a).
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(2) ENSURING COMPLIANCE.—Not later than 2
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years after the date of the enactment of this Act, the
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Archivist shall promulgate the regulations required
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under section 2912(b) of title 44, United States
8
Code, as added by subsection (a).
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(c) REPORTS
ON IMPLEMENTATION
OF REGULA-
10
TIONS.—
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(1) AGENCY REPORT TO ARCHIVIST.—Not later
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than 1 year after the date of the enactment of this
13
Act, the head of each Federal agency shall submit
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to the Archivist a report on the agency’s compliance
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with the regulations promulgated under section 2912
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of title 44, United States Code, as added by sub-
17
section (a), and shall make the report publicly avail-
18
able on the website of the agency.
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(2) ARCHIVIST
REPORT
TO
CONGRESS.—Not
20
later than 90 days after receipt of all reports re-
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quired by paragraph (1), the Archivist shall submit
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to the Committee on Homeland Security and Gov-
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ernmental Affairs of the Senate and the Committee
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on Oversight and Reform of the House of Represent-
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atives a report on Federal agency compliance with
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the regulations promulgated under section 2912(a)
2
of title 44, United States Code, as added by sub-
3
section (a), and shall make the report publicly avail-
4
able on the website of the agency.
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(3) FEDERAL AGENCY DEFINED.—In this sub-
6
section, the term ‘‘Federal agency’’ has the meaning
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given that term in section 2901 of title 44, United
8
States Code.
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(d) CLERICAL AMENDMENT.—The table of sections
10
at the beginning of chapter 29 of title 44, United States
11
Code, is amended by adding after the item relating to sec-
12
tion 2911 the following new item:
13
‘‘2912. Preservation of electronic messages and other records.’’.
(e) DEFINITIONS.—Section 2901 of title 44, United
14
States Code, is amended—
15
(1) by striking ‘‘and’’ at the end of paragraph
16
(14); and
17
(2) by striking paragraph (15) and inserting
18
the following new paragraphs:
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‘‘(15) the term ‘electronic messages’ means
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electronic mail and other electronic messaging sys-
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tems that are used for purposes of communicating
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between individuals; and
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‘‘(16) the term ‘electronic records management
1
system’ means software designed to manage elec-
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tronic records, including by—
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‘‘(A) categorizing and locating records;
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‘‘(B) ensuring that records are retained as
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long as necessary;
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‘‘(C) identifying records that are due for
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disposition; and
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‘‘(D) ensuring the storage, retrieval, and
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disposition of records.’’.
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SEC. 3. PRESIDENTIAL RECORDS.
11
(a) ADDITIONAL REGULATIONS RELATING TO PRESI-
12
DENTIAL RECORDS.—
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(1) IN
GENERAL.—Section 2206 of title 44,
14
United States Code, is amended—
15
(A) by striking ‘‘and’’ at the end of para-
16
graph (3);
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(B) by striking the period at the end of
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paragraph (4) and inserting ‘‘; and’’; and
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(C) by adding at the end the following:
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‘‘(5) provisions for establishing standards nec-
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essary for the economical and efficient management
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of electronic Presidential records during the Presi-
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dent’s term of office, including—
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‘‘(A) records management controls nec-
1
essary for the capture, management, and pres-
2
ervation of electronic messages;
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‘‘(B) records management controls nec-
4
essary to ensure that electronic messages are
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readily accessible for retrieval through elec-
6
tronic searches; and
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‘‘(C) a process to ensure the electronic
8
records management system to be used by the
9
President for the purposes of complying with
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the requirements in subparagraphs (A) and
11
(B).’’.
12
(2) DEFINITIONS.—Section 2201 of title 44,
13
United States Code, is amended by adding at the
14
end the following new paragraphs:
15
‘‘(6) The term ‘electronic messages’ has the
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meaning given that term under section 2901(15).
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‘‘(7) The term ‘electronic records management
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system’ has the meaning given that term under sec-
19
tion 2901(16).’’.
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(b) CERTIFICATION OF PRESIDENT’S MANAGEMENT
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OF PRESIDENTIAL RECORDS.—
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(1) CERTIFICATION REQUIRED.—Chapter 22 of
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title 44, United States Code, is amended by adding
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at the end the following new section:
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‘‘§ 2210. Certification of the President’s management
1
of Presidential records
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‘‘(a) ANNUAL CERTIFICATION.—The Archivist shall
3
annually certify whether the electronic records manage-
4
ment controls established by the President meet require-
5
ments under sections 2203(a) and 2206(5).
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‘‘(b) REPORT TO CONGRESS.—The Archivist shall re-
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port annually to the Committee on Homeland Security and
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Governmental Affairs of the Senate and the Committee
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on Oversight and Reform of the House of Representatives
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on the status of the certification.’’.
11
(2) CLERICAL AMENDMENT.—The table of sec-
12
tions at the beginning of chapter 22 of title 44,
13
United States Code, is amended by adding at the
14
end the following new item:
15
‘‘2210. Certification of the President’s management of Presidential
records.’’.
(c) REPORT TO CONGRESS.—Section 2203(g) of title
16
44, United States Code, is amended by adding at the end
17
the following new paragraph:
18
‘‘(5) One year following the conclusion of a Presi-
19
dent’s term of office, or if a President serves consecutive
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terms 1 year following the conclusion of the last term, the
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Archivist shall submit to the Committee on Homeland Se-
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curity and Governmental Affairs of the Senate and the
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Committee on Oversight and Reform of the House of Rep-
1
resentatives a report on—
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‘‘(A) the volume and format of electronic Presi-
3
dential records deposited into that President’s Presi-
4
dential archival depository; and
5
‘‘(B) whether the electronic records manage-
6
ment controls of that President met the require-
7
ments under sections 2203(a) and 2206(5).’’.
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(d) EFFECTIVE DATE.—The amendments made by
9
this section shall take effect 1 year after the date of the
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enactment of this Act.
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SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.
12
The budgetary effects of this Act, for the purpose of
13
complying with the Statutory Pay-As-You-Go Act of 2010,
14
shall be determined by reference to the latest statement
15
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this
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Act, submitted for printing in the Congressional Record
17
by the Chairman of the House Budget Committee, pro-
18
vided that such statement has been submitted prior to the
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vote on passage.
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Passed the House of Representatives March 12,
2019.
Attest:
CHERYL L. JOHNSON,
Clerk.
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