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Councilmember Anita Bonds 2
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A BILL 6
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10
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To amend, on a temporary basis, the District of Columbia Public Records Management Act of 15
1985 to clarify that communications created or received electronically in the course of 16
official business are subject to existing record-retention obligations. 17
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 19
act may be cited as the “ Fidelity in Access to Government Communications Clarification 20
Temporary Amendment Act of 2024”. 21
Sec. 2. The District of Columbia Public Records Management Act of 1985, effective 22
September 5, 1985 (D.C. Law 6- 19; D.C. Official Code § 2- 1701 et seq.), is amended as follows: 23
(a) Section 2(13) (D.C. Official Code § 2- 1701(13)) is amended by striking the phrase 24
“electronic mail” and inserting the phrase “electronic mail or other communications transmitted 25
electronically, including through any electronic messaging service or mobile messaging 26
application” in its place. 27
(b) Section 7(a)(1) (D.C. Official Code § 2- 1706(a)(1)) is amended as follows: 28
(1) Strike the phrase “official business” and insert the phrase “official business, 29
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including records created or received electronically,” in its place. 30
(2) Strike the phrase “in any manner” and insert the phrase “in any manner, 31
including through the enabling of settings on electronic devices that allow for the non- retention 32
or automatic deletion of records” in its place. 33
Sec. 3. Applicability. 34
This act shall apply as of the expiration date of the Fidelity in Electronic 35
Communications Clarification Second Temporary Amendment Act of 2023, effective March 1, 36
2024 (D.C. Act 25- 0056; 70 DCR 3809). 37
Sec. 4. Fiscal impact statement. 38
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 39
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 40
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 41
Sec. 5. Effective date. 42
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 43
58 the Mayor, action by the Council to override the veto), a 30-day period of congressional 44
review 59 as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved 45
December 60 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in 46
the District of 61 Columbia Register. 62 47
(b) This act shall expire after 225 days of its having taken effect. 48