[House Report 115-824]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-824
======================================================================
ELECTRONIC MESSAGE PRESERVATION ACT OF 2017
_______
July 16, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Gowdy, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 1376]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 1376) to amend title 44, United
States Code, to require preservation of certain electronic
records by Federal agencies, to require a certification and
reports relating to Presidential records, and for other
purposes, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
CONTENTS
Page
Summary and Purpose of the Legislation........................... 2
Background and Need for Legislation.............................. 2
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 2
Statement of General Performance Goals and Objectives............ 3
Legislative History.............................................. 3
Committee Consideration.......................................... 3
Roll Call Votes.................................................. 3
Explanation of Amendments........................................ 3
Application of Law to the Legislative Branch..................... 3
Duplication of Federal Programs.................................. 3
Disclosure of Directed Rule Makings.............................. 4
Federal Advisory Committee Act................................... 4
Unfunded Mandates Statement...................................... 4
Earmark Identification........................................... 4
Committee Estimate............................................... 4
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 4
Section-by-Section Analysis...................................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Summary and Purpose of Legislation
H.R. 1376, the Electronic Message Preservation Act of 2017,
requires agencies to capture, preserve, and manage federal
records electronically if they were created electronically. The
Archivist of the United States is directed to issue regulations
directing agencies to implement the bill. The bill also
requires the heads of each federal agency to report to the
Archivist on compliance with the regulations and make the
report publicly available on the agency's website.
Background and Need for Legislation
The federal government urgently needs to modernize its
recordkeeping infrastructure. When Congress enacted the Federal
Records Act of 1950, the variety of electronic platforms that
agencies now use to create federal records did not exist.\1\
With new forms of information technology constantly emerging,
applications and methods that federal agencies currently employ
to create and preserve records may not be viable in the future,
threatening the availability of federal records and making
their preservation more difficult and expensive, if they can be
preserved at all.\2\
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\1\Federal Records Act of 1950, Pub. L. No. 81-754, Title V, 64
Stat. 583 (codified as amended at 44 U.S.C. Chapters 29, 31, & 33).
\2\Cong. Research Serv., R43165, Retaining and Preserving Federal
Records in a Digital Environment: Background and Issues for Congress
(2013).
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While the federal government's use of electronic
communications continues to rise, several agencies still employ
a ``print-to-file'' method of electronic record preservation.
The volume of business conducted via electronic media,
especially email, increases the likelihood of unintentional
loss or deletion of federal records. Additionally, there are a
multitude of challenges with recordkeeping systems that require
paper copies of electronic records, ranging from their
susceptibility to error to their overall cost.\3\ Complicating
matters, the statutes governing the capture and storage of
electronic records are often ambiguous.
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\3\Nat'l Archives & Records Admin., Why Federal Agencies Need to
Move Towards Electronic Recordkeeping, http://www.archives.gov/records-
mgmt/policy/prod1afn.html (last updated Aug. 15, 2016).
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H.R. 1376 will help address these shortcomings by codifying
a directive from the Office of Management and Budget and the
National Archives and Records Administration (Archives)
requiring agencies to preserve records electronically if they
were created electronically.\4\ By codifying this requirement,
H.R. 1376 will help close a number of gaps in current law and
ensure federal agencies are using methods approved and
standardized by the Archives to capture and store electronic
files. The bill also requires presidential records be held to
the same standard.
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\4\Memorandum from Beth F. Cobert, Deputy Director for Mgmt.,
Office of Mgmt. & Budget, and David S. Ferriero, Archivist of the U.S.,
Nat'l Archives & Records Admin., to Heads of Executive Dep'ts and
Agencies and Independent Agencies, M-14-16 (2014), available at https:/
/www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2014/m-14-
16.pdf.
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Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the previous section.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal or objective of this bill is to amend title 44, United
States Code, to require preservation of certain electronic
records by Federal agencies, to require a certification and
reports relating to Presidential records.
Legislative History
On March 7, 2017, Representative Elijah Cummings (D-MD)
introduced H.R. 1376, the Electronic Message Preservation Act
of 2017. H.R. 1376 was referred to the Committee on Oversight
and Government Reform. The Committee considered H.R. 1376 at a
business meeting on March 15, 2018 and ordered the bill
favorably reported by voice vote.
In the 114th Congress, Representative Cummings introduced
H.R. 2319, the Electronic Message Preservation Act of 2015, a
substantially similar bill to H.R. 1376. On July 12, 2016, the
Committee ordered H.R. 2319 favorably reported by voice vote.
Committee Consideration
On March 15, 2018, the Committee met in open session and,
with a quorum being present, ordered the bill favorably
reported by voice vote.
Roll Call Votes
There were no roll call votes requested or conducted during
Committee consideration of H.R. 1376.
Explanation of Amendments
There were no amendments to H.R. 1376 offered or adopted
during Committee consideration of the bill.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill amends title 44, United States Code, to require
preservation of certain electronic records by Federal agencies
and to require a certification and reports relating to
Presidential records. As such, this bill does not relate to
employment or access to public services and accommodations.
Duplication of Federal Programs
In accordance with clause 2(c)(5) of rule XIII no provision
of this bill establishes or reauthorizes a program of the
Federal Government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rule Makings
The bill directs the completion of a specific rule making
within the meaning of 5 U.S.C. 551. The bill requires the
Archivist of the United States to promulgate regulations
governing federal agency preservation of electronic federal
records.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of Section 5(b) of the appendix to title 5,
United States Code.
Unfunded Mandates Statement
Pursuant to section 423 of the Congressional Budget and
Impoundment Control Act (Pub. L. 113-67) the Committee has
included a letter received from the Congressional Budget Office
below.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the House of Representatives.
Committee Estimate
Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of
the House of Representatives, the Committee includes below a
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the House of
Representatives, the cost estimate prepared by the
Congressional Budget Office and submitted pursuant to section
402 of the Congressional Budget Act of 1974 is as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 12, 2018.
Hon. Trey Gowdy,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1376, the
Electronic Message Preservation Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 1376--Electronic Message Preservation Act of 2017
H.R. 1376 would direct the National Archives and Records
Administration (NARA) to issue regulations governing the
preservation of email and other electronic records in an
electronic format. Under H.R. 1376, NARA would have 120 days to
promulgate regulations and agencies would have two years to
comply. The bill also would amend the Presidential Records Act
to authorize NARA to manage the President's electronic records.
Under the Federal Records Act, each agency is required to
make and preserve records of its activities and to have
appropriate systems to manage and preserve those records. That
act also requires NARA to oversee and issue guidance on
managing federal records, including email messages. In 2012,
the Office of Management and Budget issued Managing Government
Records Directive (M-12-18), which required federal agencies to
manage all email records in an electronic format by 2016.
Although current NARA regulations require that government email
messages be stored electronically, NARA allows agencies to
print and file paper copies instead.
Using information from NARA, CBO estimates that
implementing the bill would have no significant effect on
federal spending because most of the provisions of H.R. 1376
would codify current practices. NARA anticipates that by
December 2019 all federal agencies will have email and other
electronic records stored electronically. Having NARA manage
Presidential electronic records would not have a significant
effect on the federal budget, according to the agency.
Enacting H.R. 1376 could affect direct spending by agencies
that use fees, receipts from the sale of goods, and other
collections to cover operating costs. Therefore, pay-as-you-go
procedures apply. Because most agencies can adjust the amounts
collected as their operating costs change, CBO estimates that
any net changes in direct spending by those agencies would be
insignificant. Enacting the bill would not affect revenues.
CBO estimates that enacting H.R. 1376 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 1376 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Section-by-Section Analysis
Section 1. Short title
Section 1 establishes the short title of the bill.
Section 2. Preservation of electronic messages and other records
Section 2 adds a new section to chapter 29 of title 44,
United States Code, requiring the Archivist, within 120 days of
enactment, to issue regulations governing federal agency
preservation of electronic federal records. The regulations
require: (1) electronic capture, management, and preservation
of electronic records; (2) electronic records to be readily
accessible through electronic searches; and (3) timely agency
compliance with the regulations. Not later than two years after
enactment, the Archivist must establish mandatory minimum
functional requirements for electronic records management. The
Archivist is further required to establish a process whereby
agency electronic records systems meet the functional
requirements established by the Archivist. Agencies must comply
with the Archivist's regulations. Section 2 also requires
agencies to report to the Archivist within one year of
enactment on compliance with the regulations and for the
Archivist, in turn, to issue a report on overall agency
compliance.
Finally, section 2 adds definitions of ``electronic
messages'' and ``electronic records management system'' to
section 2901 of title 44, United States Code.
Section 3. Presidential records
Section 3 amends section 2206 of title 44, United States
Code, to require the Archivist to establish standards for the
economical and efficient management of electronic presidential
records during the President's term of office. This section
also adds definitions for ``electronic messages'' and
``electronic records management system'' to section 2201 of
title 44, United States Code, and establishes the effective
date of the section as one year after enactment. The Archivist
will certify whether a presidential administration's electronic
records management system is sufficient to meet the electronic
records management requirements of the Presidential Records
Act. The Archivist will also submit a report to Congress one
year after a President leaves office detailing the volume and
format of the electronic presidential records deposited into
that President's archival depository.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 44, UNITED STATES CODE
* * * * * * *
CHAPTER 22--PRESIDENTIAL RECORDS
Sec.
2201. Definitions.
* * * * * * *
2210. Certification of the President's management of Presidential
records.
Sec. 2201. Definitions
As used in this chapter--
(1) The term ``documentary material'' means all
books, correspondence, memoranda, documents, papers,
pamphlets, works of art, models, pictures, photographs,
plats, maps, films, and motion pictures, including, but
not limited to, audio and visual records, or other
electronic or mechanical recordations, whether in
analog, digital, or any other form.
(2) The term ``Presidential records'' means
documentary materials, or any reasonably segregable
portion thereof, created or received by the President,
the President's immediate staff, or a unit or
individual of the Executive Office of the President
whose function is to advise or assist the President, in
the course of conducting activities which relate to or
have an effect upon the carrying out of the
constitutional, statutory, or other official or
ceremonial duties of the President. Such term--
(A) includes any documentary materials
relating to the political activities of the
President or members of the President's staff,
but only if such activities relate to or have a
direct effect upon the carrying out of
constitutional, statutory, or other official or
ceremonial duties of the President; but
(B) does not include any documentary
materials that are (i) official records of an
agency (as defined in section 552(e) of title
5, United States Code); (ii) personal records;
(iii) stocks of publications and stationery; or
(iv) extra copies of documents produced only
for convenience of reference, when such copies
are clearly so identified.
(3) The term ``personal records'' means all
documentary materials, or any reasonably segregable
portion therof, of a purely private or nonpublic
character which do not relate to or have an effect upon
the carrying out of the constitutional, statutory, or
other official or ceremonial duties of the President.
Such term includes--
(A) diaries, journals, or other personal
notes serving as the functional equivalent of a
diary or journal which are not prepared or
utilized for, or circulated or communicated in
the course of, transacting Government business;
(B) materials relating to private political
associations, and having no relation to or
direct effect upon the carrying out of
constitutional, statutory, or other official or
ceremonial duties of the President; and
(C) materials relating exclusively to the
President's own election to the office of the
Presidency; and materials directly relating to
the election of a particular individual or
individuals to Federal, State, or local office,
which have no relation to or direct effect upon
the carrying out of constitutional, statutory,
or other official or ceremonial duties of the
President.
(4) The term ``Archivist'' means the Archivist of the
United States.
(5) The term ``former President'', when used with
respect to Presidential records, means the former
President during whose term or terms of office such
Presidential records were created.
(6) The term ``electronic messages'' has the meaning
given that term under section 2901(15).
(7) The term ``electronic records management system''
has the meaning given that term under section 2901(16).
* * * * * * *
Sec. 2203. Management and custody of Presidential records
(a) Through the implementation of records management controls
and other necessary actions, the President shall take all such
steps as may be necessary to assure that the activities,
deliberations, decisions, and policies that reflect the
performance of the President's constitutional, statutory, or
other official or ceremonial duties are adequately documented
and that such records are preserved and maintained as
Presidential records pursuant to the requirements of this
section and other provisions of law.
(b) Documentary materials produced or received by the
President, the President's staff, or units or individuals in
the Executive Office of the President the function of which is
to advise or assist the President, shall, to the extent
practicable, be categorized as Presidential records or personal
records upon their creation or receipt and be filed separately.
(c) During the President's term of office, the President may
dispose of those Presidential records of such President that no
longer have administrative, historical, informational, or
evidentiary value if--
(1) the President obtains the views, in writing, of
the Archivist concerning the proposed disposal of such
Presidential records; and
(2) the Archivist states that the Archivist does not
intend to take any action under subsection (e) of this
section.
(d) In the event the Archivist notifies the President under
subsection (c) that the Archivist does intend to take action
under subsection (e), the President may dispose of such
Presidential records if copies of the disposal schedule are
submitted to the appropriate Congressional Committees at least
60 calendar days of continuous session of Congress in advance
of the proposed disposal date. For the purpose of this section,
continuity of session is broken only by an adjournment of
Congress sine die, and the days on which either House is not in
session because of an adjournment of more than three days to a
day certain are excluded in the computation of the days in
which Congress is in continuous session.
(e) The Archivist shall request the advice of the Committee
on Rules and Administration and the Committee on Governmental
Affairs of the Senate and the Committee on House Oversight and
the Committee on Government Operations of the House of
Representatives with respect to any proposed disposal of
Presidential records whenever the Archivist considers that--
(1) these particular records may be of special
interest to the Congress; or
(2) consultation with the Congress regarding the
disposal of these particular records is in the public
interest.
(f) During a President's term of office, the Archivist may
maintain and preserve Presidential records on behalf of the
President, including records in digital or electronic form. The
President shall remain exclusively responsible for custody,
control, and access to such Presidential records. The Archivist
may not disclose any such records, except under direction of
the President, until the conclusion of a President's term of
office, if a President serves consecutive terms upon the
conclusion of the last term, or such other period provided for
under section 2204 of this title.
(g)(1) Upon the conclusion of a President's term of office,
or if a President serves consecutive terms upon the conclusion
of the last term, the Archivist of the United States shall
assume responsibility for the custody, control, and
preservation of, and access to, the Presidential records of
that President. The Archivist shall have an affirmative duty to
make such records available to the public as rapidly and
completely as possible consistent with the provisions of this
chapter.
(2) The Archivist shall deposit all such Presidential
records in a Presidential archival depository or
another archival facility operated by the United
States. The Archivist is authorized to designate, after
consultation with the former President, a director at
each depository or facility, who shall be responsible
for the care and preservation of such records.
(3) When the President considers it practicable and
in the public interest, the President shall include in
the President's budget transmitted to Congress, for
each fiscal year in which the term of office of the
President will expire, such funds as may be necessary
for carrying out the authorities of this subsection.
(4) The Archivist is authorized to dispose of such
Presidential records which the Archivist has appraised
and determined to have insufficient administrative,
historical, informational, or evidentiary value to
warrant their continued preservation. Notice of such
disposal shall be published in the Federal Register at
least 60 days in advance of the proposed disposal date.
Publication of such notice shall constitute a final
agency action for purposes of review under chapter 7 of
title 5, United States Code.
(5) One year following the conclusion of a President's term
of office, or if a President serves consecutive terms one year
following the conclusion of the last term, 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--
(A) the volume and format of electronic Presidential
records deposited into that President's Presidential
archival depository; and
(B) whether the electronic records management
controls of that President met the requirements under
sections 2203(a) and 2206(5).
* * * * * * *
Sec. 2206. Regulations
The Archivist shall promulgate in accordance with section 553
of title 5, United States Code, regulations necessary to carry
out the provisions of this chapter. Such regulations shall
include--
(1) provisions for advance public notice and
description of any Presidential records scheduled for
disposal pursuant to section 2203(f)(3);
(2) provisions for providing notice to the former
President when materials to which access would
otherwise be restricted pursuant to section 2204(a) are
to be made available in accordance with section
2205(2);
(3) provisions for notice by the Archivist to the
former President when the disclosure of particular
documents may adversely affect any rights and
privileges which the former President may have; [and]
(4) provisions for establishing procedures for
consultation between the Archivist and appropriate
Federal agencies regarding materials which may be
subject to section 552(b)(7) of title 5, United States
Code[.]; and
(5) provisions for establishing standards necessary
for the economical and efficient management of
electronic Presidential records during the President's
term of office, including--
(A) records management controls necessary for
the capture, management, and preservation of
electronic messages;
(B) records management controls necessary to
ensure that electronic messages are readily
accessible for retrieval through electronic
searches; and
(C) a process to ensure the electronic
records management system to be used by the
President for the purposes of complying with
the requirements in subparagraphs (A) and (B).
* * * * * * *
Sec. 2210. Certification of the President's management of Presidential
records
(a) Annual Certification.--The Archivist shall annually
certify whether the electronic records management controls
established by the President meet requirements under sections
2203(a) and 2206(5).
(b) 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
certification.
* * * * * * *
CHAPTER 29--RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED STATES
AND BY THE ADMINISTRATOR OF GENERAL SERVICES
Sec.
2901. Definitions.
* * * * * * *
2912. Preservation of electronic messages and other records.
Sec. 2901. Definitions
As used in this chapter, and chapters 21, 25, 31, and 33 of
this title--
(1) the term ``records'' has the meaning given it by
section 3301 of this title;
(2) the term ``records management'' means the
planning, controlling, directing, organizing, training,
promoting, and other managerial activities involved
with respect to records creation, records maintenance
and use, and records disposition in order to achieve
adequate and proper documentation of the policies and
transactions of the Federal Government and effective
and economical management of agency operations;
(3) the term ``records creation'' means the
production or reproduction of any record;
(4) the term ``records maintenance and use'' means
any activity involving--
(A) location of records of a Federal agency;
(B) storage, retrieval, and handling of
records kept at office file locations by or for
a Federal agency;
(C) processing of mail by a Federal agency;
or
(D) selection and utilization of equipment
and supplies associated with records and
copying;
(5) the term ``records disposition'' means any
activity with respect to--
(A) disposal of temporary records no longer
necessary for the conduct of business by
destruction or donation;
(B) transfer of records to Federal agency
storage facilities or records centers;
(C) transfer to the National Archives of the
United States of records determined to have
sufficient historical or other value to warrant
continued preservation; or
(D) transfer of records from one Federal
agency to any other Federal agency;
(6) the term ``records center'' means an
establishment maintained and operated by the Archivist
or by another Federal agency primarily for the storage,
servicing, security, and processing of records which
need to be preserved for varying periods of time and
need not be retained in office equipment or space;
(7) the term ``records management study'' means an
investigation and analysis of any Federal agency
records, or records management practices or programs
(whether manual or automated), with a view toward
rendering findings and recommendations with respect
thereto;
(8) the term ``inspection'' means reviewing any
Federal agency's records or records management
practices or programs with respect to effectiveness and
compliance with records management laws and making
necessary recommendations for correction or improvement
of records management;
(9) the term ``servicing'' means making available for
use information in records and other materials in the
custody of the Archivist, or in a records center--
(A) by furnishing the records or other
materials, or information from them, or copies
or reproductions thereof, to any Federal agency
for official use, or to the public; or
(B) by making and furnishing authenticated or
unauthenticated copies or reproductions of the
records or other materials;
(10) the term ``unauthenticated copies'' means exact
copies or reproductions of records or other materials
that are not certified as such under seal and that need
not be legally accepted as evidence;
(11) the term ``National Archives of the United
States'' means those official records which have been
determined by the Archivist of the United States to
have sufficient historical or other value to warrant
their continued preservation by the Federal Government,
and which have been accepted by the Archivist for
deposit in the Archivist's custody;
(12) the term ``Archivist'' means the Archivist of
the United States;
(13) the term ``executive agency'' shall have the
meaning given such term by section 102 of title 40;
(14) the term ``Federal agency'' means any executive
agency or any establishment in the legislative or
judicial branch of the Government (except the Supreme
Court, the Senate, the House of Representatives, and
the Architect of the Capitol and any activities under
the direction of the Architect of the Capitol); [and]
[(15) the term ``Administrator'' means the
Administrator of General Services.]
(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.
* * * * * * *
Sec. 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) Ensuring Compliance.--The Archivist shall promulgate
regulations that--
(1) 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
(2) establish a process to ensure that the electronic
records management system of each Federal agency meets
the functional requirements established under paragraph
(1).
(c) Coverage of Other Electronic Records.--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.
(d) Compliance by Federal Agencies.--Each Federal agency
shall comply with the regulations promulgated under subsections
(a) and (b).
(e) Review of Regulations Required.--The Archivist shall
periodically review and, as necessary, amend the regulations
promulgated under subsections (a) and (b).
* * * * * * *
[all]