Sec. 1712. Preservation of electronic messages and other records
576 words·~3 min read·
/bill/116/hr/6395/pcs/section-1712·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 29 of title 44, United States Code, is amended by adding at the end the following new section: The Archivist shall promulgate regulations governing Federal agency preservation of electronic messages that are determined to be records. Such regulations shall, at a minimum— require the electronic capture, management, and preservation of such electronic records in accordance with the records disposition requirements of chapter 33; require that such electronic records are readily accessible for retrieval through electronic searches; and include timelines for Federal agency implementation of the regulations that ensure compliance as expeditiously as practicable.
The Archivist shall promulgate regulations that— 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 establish a process to ensure that the electronic records management system of each Federal agency meets the functional requirements established under paragraph (1). 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. Each Federal agency shall comply with the regulations promulgated under subsections
(a)and (b). The Archivist shall periodically review and, as necessary, amend the regulations promulgated under subsections
(a)and (b). . Not later than 120 days after the date of the enactment of this Act, the Archivist shall promulgate the regulations required under section 2912(a) of title 44, United States Code, as added by subsection (a). Not later than 2 years after the date of the enactment of this Act, the Archivist shall promulgate the regulations required under section 2912(b) of title 44, United States Code, as added by subsection (a). Not later than 1 year after the date of the enactment of this Act, the head of each Federal agency shall submit to the Archivist a report on the agency’s compliance with the regulations promulgated under section 2912 of title 44, United States Code, as added by subsection (a), and shall make the report publicly available on the website of the agency. 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 Reform of the House of Representatives a report on Federal agency compliance with the regulations promulgated under section 2912(a) of title 44, United States Code, as added by subsection (a), and shall make the report publicly available on the website of the agency. In this subsection, the term Federal agency has the meaning given that term in section 2901 of title 44, United States Code. 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. . Section 2901 of title 44, United States Code, is amended— by striking and at the end of paragraph (14); and by striking paragraph
(15)and inserting the following new paragraphs: the term electronic messages means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals; and the term electronic records management system means software designed to manage electronic records, including by— categorizing and locating records; ensuring that records are retained as long as necessary; identifying records that are due for disposition; and ensuring the storage, retrieval, and disposition of records. .