IB 

Union Calendar No. 638 

115TH CONGRESS 

2D SESSION H. R. 1376 

[Report No. 115–824] 

To amend title 44, United States Code, to require preservation of certain 

electronic records by Federal agencies, to require a certification and 

reports relating to Presidential records, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 7, 2017 

Mr. CUMMINGS introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

JULY 16, 2018 

Committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed 


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A BILL 

To amend title 44, United States Code, to require preservation of certain electronic records by Federal agencies, 

to require a certification and reports relating to Presidential records, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Electronic Message 

5 Preservation Act of 2017’’. 

6 SEC. 2. PRESERVATION OF ELECTRONIC MESSAGES AND 

7 OTHER RECORDS. 

8 (a) REQUIREMENT FOR PRESERVATION OF ELEC9 TRONIC MESSAGES.—Chapter 29 of title 44, United 

10 States Code, is amended by adding at the end the fol11 lowing new section: 

12 ‘‘§ 2912. Preservation of electronic messages and 

13 other records 

14 ‘‘(a) REGULATIONS REQUIRED.—The Archivist shall 

15 promulgate regulations governing Federal agency preser16 vation of electronic messages that are determined to be 

17 records. Such regulations shall, at a minimum— 

18 ‘‘(1) require the electronic capture, manage19 ment, and preservation of such electronic records in 

20 accordance with the records disposition requirements 

21 of chapter 33; 

22 ‘‘(2) require that such electronic records are 

23 readily accessible for retrieval through electronic 

24 searches; and 


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1 ‘‘(3) include timelines for Federal agency imple2 mentation of the regulations that ensure compliance 

3 as expeditiously as practicable. 

4 ‘‘(b) ENSURING COMPLIANCE.—The Archivist shall 

5 promulgate regulations that— 

6 ‘‘(1) establish mandatory minimum functional 

7 requirements for electronic records management sys8 tems to ensure compliance with the requirements in 

9 paragraphs (1) and (2) of subsection (a); and 

10 ‘‘(2) establish a process to ensure that the elec11 tronic records management system of each Federal 

12 agency meets the functional requirements estab13 lished under paragraph (1). 

14 ‘‘(c) COVERAGE OF OTHER ELECTRONIC

15 RECORDS.—To the extent practicable, the regulations pro16 mulgated under subsections (a) and (b) shall also include 

17 requirements for the capture, management, and preserva18 tion of other electronic records. 

19 ‘‘(d) COMPLIANCE BY FEDERAL AGENCIES.—Each 

20 Federal agency shall comply with the regulations promul21 gated under subsections (a) and (b). 

22 ‘‘(e) REVIEW OF REGULATIONS REQUIRED.—The Ar23 chivist shall periodically review and, as necessary, amend 

24 the regulations promulgated under subsections (a) and 

25 (b).’’. 


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1 (b) DEADLINE FOR REGULATIONS.— 

2 (1) PRESERVATION OF ELECTRONIC MES3 SAGES.—Not later than 120 days after the date of 

4 the enactment of this Act, the Archivist shall pro5 mulgate the regulations required under section 

6 2912(a) of title 44, United States Code, as added by 

7 subsection (a). 

8 (2) ENSURING COMPLIANCE.—Not later than 2 

9 years after the date of the enactment of this Act, the 

10 Archivist shall promulgate the regulations required 

11 under section 2912(b) of title 44, United States 

12 Code, as added by subsection (a). 

13 (c) REPORTS ON IMPLEMENTATION OF REGULA14 TIONS.— 

15 (1) AGENCY REPORT TO ARCHIVIST.—Not later 

16 than one year after the date of the enactment of this 

17 Act, the head of each Federal agency shall submit 

18 to the Archivist a report on the agency’s compliance 

19 with the regulations promulgated under section 2912 

20 of title 44, United States Code, as added by sub21 section (a), and shall make the report publicly avail22 able on the website of the agency. 

23 (2) ARCHIVIST REPORT TO CONGRESS.—Not 

24 later than 90 days after receipt of all reports re25 quired by paragraph (1), the Archivist shall submit 


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1 to the Committee on Homeland Security and Gov2 ernmental Affairs of the Senate and the Committee 

3 on Oversight and Government Reform of the House 

4 of Representatives a report on Federal agency com5 pliance with the regulations promulgated under sec6 tion 2912(a) of title 44, United States Code, as 

7 added by subsection (a), and shall make the report 

8 publicly available on the website of the agency. 

9 (3) FEDERAL AGENCY DEFINED.—In this sub10 section, the term ‘‘Federal agency’’ has the meaning 

11 given that term in section 2901 of title 44, United 

12 States Code. 

13 (d) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of chapter 29 of title 44, United States 

15 Code, is amended by adding after the item relating to sec16 tion 2911 the following new item: 

‘‘2912. Preservation of electronic messages and other records.’’. 

17 (e) DEFINITIONS.—Section 2901 of title 44, United 

18 States Code, is amended— 

19 (1) by striking ‘‘and’’ at the end of paragraph 

20 (14); and 

21 (2) by striking paragraph (15) and inserting 

22 the following new paragraphs: 

23 ‘‘(15) the term ‘electronic messages’ means 

24 electronic mail and other electronic messaging sysVerDate Sep 11 2014 22:41 Jul 16, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1376.RH H1376

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1 tems that are used for purposes of communicating 

2 between individuals; and 

3 ‘‘(16) the term ‘electronic records management 

4 system’ means software designed to manage elec5 tronic records, including by— 

6 ‘‘(A) categorizing and locating records; 

7 ‘‘(B) ensuring that records are retained as 

8 long as necessary; 

9 ‘‘(C) identifying records that are due for 

10 disposition; and 

11 ‘‘(D) ensuring the storage, retrieval, and 

12 disposition of records.’’. 

13 SEC. 3. PRESIDENTIAL RECORDS. 

14 (a) ADDITIONAL REGULATIONS RELATING TO PRESI15 DENTIAL RECORDS.— 

16 (1) IN GENERAL.—Section 2206 of title 44, 

17 United States Code, is amended— 

18 (A) by striking ‘‘and’’ at the end of para19 graph (3); 

20 (B) by striking the period at the end of 

21 paragraph (4) and inserting ‘‘; and’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(5) provisions for establishing standards nec24 essary for the economical and efficient management 


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1 of electronic Presidential records during the Presi2 dent’s term of office, including— 

3 ‘‘(A) records management controls nec4 essary for the capture, management, and pres5 ervation of electronic messages; 

6 ‘‘(B) records management controls nec7 essary to ensure that electronic messages are 

8 readily accessible for retrieval through elec9 tronic searches; and 

10 ‘‘(C) a process to ensure the electronic 

11 records management system to be used by the 

12 President for the purposes of complying with 

13 the requirements in subparagraphs (A) and 

14 (B).’’. 

15 (2) DEFINITIONS.—Section 2201 of title 44, 

16 United States Code, is amended by adding at the 

17 end the following new paragraphs: 

18 ‘‘(6) The term ‘electronic messages’ has the 

19 meaning given that term under section 2901(15). 

20 ‘‘(7) The term ‘electronic records management 

21 system’ has the meaning given that term under sec22 tion 2901(16).’’. 

23 (b) CERTIFICATION OF PRESIDENT’S MANAGEMENT

24 OF PRESIDENTIAL RECORDS.— 


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1 (1) CERTIFICATION REQUIRED.—Chapter 22 of 

2 title 44, United States Code, is amended by adding 

3 at the end the following new section: 

4 ‘‘§ 2210. Certification of the President’s management 

5 of Presidential records 

6 ‘‘(a) ANNUAL CERTIFICATION.—The Archivist shall 

7 annually certify whether the electronic records manage8 ment controls established by the President meet require9 ments under sections 2203(a) and 2206(5). 

10 ‘‘(b) REPORT TO CONGRESS.—The Archivist shall re11 port annually to the Committee on Homeland Security and 

12 Governmental Affairs of the Senate and the Committee 

13 on Oversight and Government Reform of the House of 

14 Representatives on the status of the certification.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of chapter 22 of title 44, 

17 United States Code, is amended by adding at the 

18 end the following new item: 

‘‘2210. Certification of the President’s management of Presidential 

records.’’. 

19 (c) REPORT TO CONGRESS.—Section 2203(g) of title 

20 44, United States Code, is amended by adding at the end 

21 the following new paragraph: 

22 ‘‘(5) One year following the conclusion of a Presi23 dent’s term of office, or if a President serves consecutive 

24 terms one year following the conclusion of the last term, 


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1 the Archivist shall submit to the Committee on Homeland 

2 Security and Governmental Affairs of the Senate and the 

3 Committee on Oversight and Government Reform of the 

4 House of Representatives a report on— 

5 ‘‘(A) the volume and format of electronic Presi6 dential records deposited into that President’s Presi7 dential archival depository; and 

8 ‘‘(B) whether the electronic records manage9 ment controls of that President met the require10 ments under sections 2203(a) and 2206(5).’’. 

11 (d) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect one year after the date of 

13 the enactment of this Act. 


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Union Calendar No. 638 

115TH CONGRESS 

2D SESSION H. R. 1376 

[Report No. 115–824] 

A BILL 

To amend title 44, United States Code, to require 

other purposes. ports relating to Presidential records, and for eral agencies, to require a certification and represervation of certain electronic records by FedJULY 16, 2018 

Committed to the Committee of the Whole House on the 

State of the Union, and ordered to be printed 


tkelley on DSKBCP9HB2PROD with BILLS