; (I) an officer or employee appointed by the President, by and with the advice and consent of the Senate; (J) any other officer or employee serving in a position that predominantly creates permanent records related to mission critical functions or policy decisions of a Federal agency or that are of historical significance; and (K) any officer or employee serving in a position described in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), or (J) in an acting capacity. (b) Agency report to archivist (1) In general Not later than the date specified in paragraph (2), and every 5 years thereafter, the head of each Federal agency shall submit to the Archivist a report on the compliance of the Federal agency with subsection (a), including statistics on— (A) the number of senior officers and senior employees of the Federal agency whose electronic messages are being stored as permanent records in accordance with guidelines prescribed by the Archivist; (B) the volume of electronic messages of senior officers and senior employees of the Federal agency designated as a permanent record that are held by the Federal agency; and (C) the volume of total electronic messages of officers and employees of the Federal agency that are held by the Federal agency. (2) Deadline for initial reports The date specified in this paragraph is the earlier of— (A) the date that is 210 days after the date on which the Archivist promulgates regulations under subsection (a)