44 U.S.C. § 2912

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 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).

44 U.S.C. § 2912

Added Pub. L. 116-283 title XCVI, §9602(b)(1), Jan. 1, 2021, 134 Stat. 4828.

STATUTORY NOTES AND RELATED SUBSIDIARIES

DEADLINE FOR REGULATIONS Pub. L. 116-283 title XCVI, §9602(b)(2), Jan. 1, 2021, 134 Stat. 4828, provided that: "Not later than one year after the date of the enactment of this Act [Jan. 1, 2021], the Archivist shall propose the regulations required under section 2912(a) of title 44, United States Code, as added by paragraph (1)."

Archivist: the term "Archivist" means the Archivist of the United States;
electronic messages: the term "electronic messages" means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals; and
records disposition: 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;