,,ib ,union ,calendar ,no4 #ic #aacth ,,congress #ast ,session ,h4 ,r4 #abcd ,report ,no4 #aac-abh ,,in ,,the ,,house ,,of ,,representatives ,march #ah1 #bjac ,mr4 ,cummings introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform ,june #be1 #bjac ,reported with amendments1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,omit the part struck through and insert the part printed in italic ,a ,,bill ,to amend title #dd1 ,united ,states ,code1 to require preservation of certain electronic records by ,federal agencies1 to require a certification and reports relating to ,presidential records1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,electronic ,message ,preservation ,act4 #b4 ,records management 7a7 ,requirement for ,preservation of ,electronic ,messages 7#a7 ,in general ,chapter #bi of title #dd1 ,united ,states ,code1 is amended by adding at the end the following new section3 #biaa4 ,preservation of electronic messages and other records 7a7 ,regulations ,required ,not later than #ah months after the date of the enactment of this section1 the ,archivist shall promulgate regulations governing ,federal agency preservation of electronic messages that are determined to be records 7as such term is defined under section #ccja of this title74 ,such regulations shall1 at a minimum-- 7#a7 require the electronic capture1 management1 and preservation of such electronic records in accordance with the records disposition requirements of chapter #cc of this title2 7#b7 require that such electronic records are readily accessible for retrieval through electronic searches2 7#c7 establish mandatory minimum functional requirements for electronic records management systems to ensure compliance with the requirements in paragraphs 7#a7 and 7#b72 7#d7 establish a process to certify that ,federal agencies' electronic records management systems meet the functional requirements established under paragraph 7#c72 and 7#e7 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 section4 7b7 ,coverage of ,other ,electronic ,records ,to the extent practicable1 the regulations promulgated under subsection 7a7 shall also include requirements for the capture1 management1 and preservation of other electronic records4 7c7 ,compliance by ,federal ,agencies ,each ,federal agency shall comply with the regulations promulgated under subsection 7a74 7d7 ,review of ,regulations ,required ,the ,archivist shall periodically review and1 as necessary1 amend the regulations promulgated under subsection 7a74 7e7 ,reports on ,implementation of ,regulations 7#a7 ,agency report to archivist ,not later than four years after the date of the enactment of this section1 the head of each ,federal agency shall submit to the ,archivist a report on the agency's compliance with the regulations promulgated under this section4 7#b7 ,archivist report to congress ,not later than #ij days after receipt of all reports required by paragraph 7#a71 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 7a74 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #bi of title #dd1 ,united ,states ,code1 is amended by adding after the item relating to section #biaj the following new item3 #biaa4 ,preservation of electronic messages and other records4 4 7b7 ,disclosure requirement for official business conducted using non-official electronic messaging account 7#a7 ,amendment ,chapter #bi of title #dd1 ,united ,states ,code1 as amended by subsection 7a77#a71 is further amended by adding at the end the following new section3 #biab4 ,disclosure requirement for official business conducted using non-official electronic messaging accounts 7a7 ,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-- 7#a7 copies an official electronic messaging account of the officer or employee in the original creation or transmission of the record2 or 7#b7 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 record4 7b7 ,adverse ,actions ,the intentional violation of subsection 7a7 7including any rules1 regulations1 or other implementing guidelines71 as determined by the appropriate supervisor1 shall be a basis for disciplinary action in accordance with subchapter ,i1 ,,ii1 or ,v of chapter #ge of title #e1 as the case may be4 7c7 ,definitions ,in this section3 7#a7 ,electronic messages ,the term electronic messages has the meaning given that term in section #bija4 7#b7 ,electronic messaging account ,the term electronic messaging account means any account that sends electronic messages4 7#c7 ,executive agency ,the term executive agency has the meaning given that term in section #aje of title #e4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #bi of title #dd1 ,united ,states ,code1 as amended by subsection 7a77#b71 is further amended by adding at the end the following new item3 #biab4 ,disclosure requirement for official business conducted using non-official electronic messaging accounts4 4 7b7 7c7 ,definitions ,section #bija of title #dd1 ,united ,states ,code1 is amended-- 7#a7 by striking and at the end of paragraph 7#ad72 and 7#b7 by striking paragraph 7#ae7 and inserting the following new paragraphs3 7#ae7 the term electronic messages means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals2 and 7#af7 the term electronic records management system means software designed to manage electronic records1 including by-- 7,a7 categorizing and locating records2 7,b7 ensuring that records are retained as long as necessary2 7,c7 identifying records that are due for disposition2 and 7,d7 ensuring the storage1 retrieval1 and disposition of records4 4 #c4 ,presidential records 7a7 ,additional ,regulations ,relating to ,presidential ,records 7#a7 ,in general ,section #bbjf of title #dd1 ,united ,states ,code1 is amended-- 7,a7 by striking and at the end of paragraph 7#c72 7,b7 by striking the period at the end of paragraph 7#d7 and inserting 2 and2 and 7,c7 by adding at the end the following3 7#e7 provisions for establishing standards necessary for the economical and efficient management of electronic ,presidential records during the ,president's term of office1 including-- 7,a7 records management controls necessary for the capture1 management1 and preservation of electronic messages2 7,b7 records management controls necessary to ensure that electronic messages are readily accessible for retrieval through electronic searches2 and 7,c7 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 7,a7 and 7,b74 4 7#b7 ,definitions ,section #bbja of title #dd1 ,united ,states ,code1 is amended by adding at the end the following new paragraphs3 7#f7 ,the term electronic messages has the meaning given that term under section #bija7ae7 of this title4 7#g7 ,the term electronic records management system has the meaning given that term under section #bija7af7 of this title4 4 7b7 ,certification of ,president's ,management of ,presidential ,records 7#a7 ,certification required ,chapter #bb of title #dd1 ,united ,states ,code1 is amended by adding at the end the following new section3 #bbjh4 ,certification of the ,president's management of ,presidential records 7a7 ,annual ,certification ,the ,archivist shall annually certify whether the electronic records management controls established by the ,president meet requirements under sections #bbjc7;a7 and #bbjf7e7 of this title4 7b7 ,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 certification4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #bb of title #dd1 ,united ,states ,code1 as amended by subsection 7a77#d71 is further amendedis amended by adding at the end the following new item3 #bbjh4 ,certification of the ,president's management of ,presidential records4 4 7c7 ,report to ,congress ,section #bbjc7;f7 of title #dd1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 ,one year following the conclusion of a ,president's term of office1 or if a ,president serves consecutive terms one year following the conclusion of the last term1 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-- 7,a7 the volume and format of electronic ,presidential records deposited into that ,president's ,presidential archival depository2 and 7,b7 whether the electronic records management controls of that ,president met the requirements under sections #bbjc7;a7 and #bbjf7e7 of this title4 4 7d7 ,effective date ,the amendments made by this sectionsubsections 7a71 7b71 and 7c7 shall take effect one year after the date of the enactment of this ,act4 7e7 ,disclosure requirement for official business conducted using non-official electronic messaging account 7#a7 ,amendment ,chapter #bb of title #dd1 ,united ,states ,code1 as amended by subsection 7b77#a71 is further amended by adding at the end the following new section3 #bbji4 ,disclosure requirement for official business conducted using non-official electronic messaging accounts 7a7 ,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-- 7#a7 copies an official electronic messaging account of the officer or employee in the original creation or transmission of the ,presidential record2 or 7#b7 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 record4 7b7 ,adverse actions ,the intentional violation of subsection 7a7 7including any rules1 regulations1 or other implementing guidelines71 as determined by the appropriate supervisor1 shall be a basis for disciplinary action in accordance with subchapter ,i1 ,,ii1 or ,v of chapter #ge of title #e1 as the case may be4 7c7 ,definitions ,in this section3 7#a7 ,electronic messages ,the term electronic messages has the meaning given that term in section #bija4 7#b7 ,electronic messaging account ,the term electronic messaging account means any account that sends electronic messages4 7#c7 ,executive agency ,the term executive agency has the meaning given that term in section #aje of title #e4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #bb of title #dd1 ,united ,states ,code1 as amended by subsection 7b77#b71 is further amended by adding at the end the following new item3 #bbji4 ,disclosure requirement for official business conducted using non-official electronic messaging accounts4 4 ,june #be1 #bjac ,reported with amendments1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed