ENROLLED ORIGINAL
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AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend, on a temporary basis, the District of Columbia Public Records Management Act of
1985 to clarify that communications created or received electronically in the course of
official business are subject to existing record-retention obligations.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Fidelity in Access to Government Communications Clarification Second
Temporary Amendment Act of 2023”.
Sec. 2. The District of Columbia Public Records Management Act of 1985, effective
September 5, 1985 (D.C. Law 6-19; D.C. Official Code § 2-1701 et seq.), is amended as follows:
(a) Section 2(13) (D.C. Official Code § 2-1701(13)) is amended by striking the phrase
“electronic mail” and inserting the phrase “electronic mail or other communications transmitted
electronically, including through any electronic messaging service or mobile messaging
application” in its place.
(b) Section 7(a)(1) (D.C. Official Code § 2-1706(a)(1)) is amended as follows:
(1) Strike the phrase “official business” and insert the phrase “official business,
including records created or received electronically,” in its place.
(2) Strike the phrase “in any manner” and insert the phrase “in any manner,
including through the enabling of settings on electronic devices that allow for the non-retention
or automatic deletion of records” in its place.
Sec. 3. Applicability.
This act shall apply as of March 24, 2023.
Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
statement required by section 4a of the General Legislative Procedures Act of 1975, approved
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
ENROLLED ORIGINAL
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Sec. 5. Effective date.
(a) This act shall take effect following approval by the Mayor (or in the event of veto by
the Mayor, action by the Council to override the veto), a 30-day period of congressional review
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
Columbia Register.
(b) This act shall expire after 225 days of its having taken effect.
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Chairman
Council of the District of Columbia
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Mayor
District of Columbia