PRESERVATION OF ELECTRONIC MESSAGES AND OTHER RECORDS.

SEC. 9602. [44 U.S.C. 101 note] PRESERVATION OF ELECTRONIC MESSAGES AND OTHER RECORDS. (a) Short Title.—This section may be cited as the “Electronic Message Preservation Act”. (b) Preservation of Electronic Messages and Other Records.— (1) Requirement for preservation of electronic messages.—Chapter 29 of title 44, United States Code, is amended by adding at the end the following new section: “SEC. 2912. [44 U.S.C. 2912] Preservation of electronic messages and other records “(a) Regulations Required.—The Archivist shall promulgate regulations governing Federal agency preservation of electronic messages that are determined to be records. 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; “(2) require that such electronic records are readily accessible for retrieval through electronic searches; and “(3) include timelines for Federal agency implementation of the regulations that ensure compliance as expeditiously as practicable. “(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) Review of Regulations Required.—The Archivist shall periodically review and, as necessary, amend the regulations promulgated under subsection (a).” . (2) [44 U.S.C. 2912 note] Deadline for regulations.—Not later than one year after the date of the enactment of this Act, the Archivist shall propose the regulations required under section 2912(a) of title 44, United States Code, as added by paragraph (1). (3) Reports on implementation of regulations.— (A) Agency report to archivist.—Not later than two years 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 paragraph (1), and shall make the report publicly available on the website of the agency. (B) Archivist report to congress.—Not later than 90 days after receipt of all reports required by subparagraph (A), 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 paragraph (1), and shall make the report publicly available on the website of the agency. (C) Federal agency defined.—In this subsection, the term “Federal agency” has the meaning given that term in section 2901 of title 44, United States Code. (4) [44 U.S.C. 2901] 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 2911 the following new item: “2912. Preservation of electronic messages and other records.” . (5) Definitions.—Section 2901 of title 44, United States Code, is amended— (A) by striking “and” at the end of paragraph (14); and (B) 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.” .