Sec. 131. Electronic record retention

492 words·~2 min read·/bill/114/s/3156/pcs/section-131

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Email records of the Internal Revenue Service shall be retained in an appropriate electronic system that supports records management and litigation requirements, including the capability to identify, retrieve, and retain the records, in accordance with the requirements described in paragraph (2). The Commissioner of Internal Revenue and the Chief Counsel for the Internal Revenue Service shall retain all email records generated on or after the date of the enactment of this Act and before the date on which the Treasury Inspector General for Tax Administration makes the certification under subsection (c)(1).

Not later than December 31, 2016, the Commissioner of Internal Revenue and the Chief Counsel for the Internal Revenue Service shall maintain email records of all principal officers and specified employees of the Internal Revenue Service for a period of 15 years beginning on the date such record was generated. Not later than the last day of the 15-year period described in subsection (a)(2)(B), the Commissioner of Internal Revenue and the Chief Counsel for the Internal Revenue Service shall transfer the email records of principal officers and specified employees of the Internal Revenue Service to the Archivist of the United States.

On the date that the Treasury Inspector General for Tax Administration determines that the Internal Revenue Service has a program in place that complies with the requirements of subsections (a)(2)(B) and (b), the Treasury Inspector General for Tax Administration shall certify to the applicable Congressional committees that the Internal Revenue Service is in compliance with such requirements. Not later than September 30, 2016, the Treasury Inspector General for Tax Administration shall submit a report to the applicable Congressional committees on the steps being taken by the Commissioner of Internal Revenue and the Chief Counsel for the Internal Revenue Service to comply with the requirements of subsections (a)(2)(B) and (b).

Not later than April 1, 2017, the Treasury Inspector General for Tax Administration shall submit a report to the applicable Congressional committees describing whether the Internal Revenue Service is in compliance with the requirements of subsections (a)(2)(B) and (b). For purposes of this section— The term principal officer means, with respect to the Internal Revenue Service— any employee whose position is listed under the Internal Revenue Service in the most recent version of the United States Government Manual published by the Office of the Federal Register, any employee who is a senior staff member reporting directly to the Commissioner of Internal Revenue or the Chief Counsel for the Internal Revenue Service, and any associate counsel, deputy counsel, or division head in the Office of the Chief Counsel for the Internal Revenue Service.

The term specified employee means, with respect to the Internal Revenue Service, any employee who— holds a Senior Executive Service position (as defined in section 3132 of title 5, United States Code) in the Internal Revenue Service or the Office of Chief Counsel for the Internal Revenue Service, and is not a principal officer of the Internal Revenue Service.