Title 44 — Public Printing and Documents
Chapter 29 — Records Management by the Archivist of the United States and by the Administrator of General Services
§ 2912. Preservation of electronic messages and other records
Statutory text
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—
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.
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.
Review of Regulations Required.—
The Archivist shall periodically review and, as necessary, amend the regulations promulgated under subsection (a).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Electronic Message Preservation Act
Pub. L. 116–283 div. H title XCVI § 9602(b)(1) · 134 Stat. 3388
Enacted · 44 U.S.C. § 2912
(Added Pub. L. 116–283, div. H, title XCVI, § 9602(b)(1), Jan. 1, 2021, 134 Stat. 4828.)
Source evidence
Code source credit
(Added Pub. L. 116–283, div. H, title XCVI, § 9602(b)(1), Jan. 1, 2021, 134 Stat. 4828.)Enacted provision · exact public law section
(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: “§ 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).” .
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Deadline for Regulations
Pub. L. 116–283, div. H, title XCVI, § 9602(b)(2), , 134 Stat. 4828, provided that: “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).”
Credits
(Added Pub. L. 116–283, div. H, title XCVI, § 9602(b)(1), , 134 Stat. 4828.)