I 

114TH CONGRESS 

1ST SESSION H. R. 2319 

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 

MAY 14, 2015 

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

Committee on Oversight and Government Reform 

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. 

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 2015’’. 


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1 SECTION 2. PRESERVATION OF ELECTRONIC MESSAGES 

2 AND OTHER RECORDS. 

3 (a) REQUIREMENT FOR PRESERVATION OF ELEC4 TRONIC MESSAGES.—Chapter 29 of title 44, United 

5 States Code is amended by adding at the end the following 

6 new section: 

7 ‘‘§ 2912. Preservation of electronic messages and 

8 other records 

9 ‘‘(a) REGULATIONS REQUIRED.—Not later than 120 

10 days after the date of the enactment of this section, the 

11 Archivist shall promulgate regulations governing Federal 

12 agency preservation of electronic messages that are deter13 mined to be records (as such term is defined under section 

14 3301 of this title). Such regulations shall, at a min15 imum— 

16 ‘‘(1) require the electronic capture, manage17 ment, and preservation of such electronic records in 

18 accordance with the records disposition requirements 

19 of chapter 33 of this title; 

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

21 readily accessible for retrieval through electronic 

22 searches; and 

23 ‘‘(3) include timelines for Federal agency com24 pliance with the regulations that ensure compliance 

25 as expeditiously as practicable but not later than 

26 December 31, 2016. 


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1 ‘‘(b) ENSURING COMPLIANCE.—Not later than 2 

2 years after the date of the enactment of this section, the 

3 Archivist shall promulgate regulations that— 

4 ‘‘(1) establish mandatory minimum functional 

5 requirements for electronic records management sys6 tems to ensure compliance with the requirements in 

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

8 ‘‘(2) establish a process to ensure that Federal 

9 agencies’ electronic records management systems 

10 meet the functional requirements established under 

11 paragraph (1). 

12 ‘‘(c) COVERAGE OF OTHER ELECTRONIC

13 RECORDS.—To the extent practicable, the regulations pro14 mulgated under subsections (a) and (b) shall also include 

15 requirements for the capture, management, and preserva16 tion of other electronic records. 

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

18 Federal agency shall comply with the regulations promul19 gated under subsections (a) and (b). 

20 ‘‘(e) REVIEW OF REGULATIONS REQUIRED.—The Ar21 chivist shall periodically review and, as necessary, amend 

22 the regulations promulgated under subsections (a) and 

23 (b). 

24 ‘‘(f) REPORTS ON IMPLEMENTATION OF REGULA25 TIONS.— 


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1 ‘‘(1) AGENCY REPORT TO ARCHIVIST.—Not 

2 later than December 31, 2017, the head of each 

3 Federal agency shall submit to the Archivist a report 

4 on the agency’s compliance with the regulations pro5 mulgated under this section and shall make the re6 port publicly available on the website of the agency. 

7 ‘‘(2) ARCHIVIST REPORT TO CONGRESS.—Not 

8 later than 90 days after receipt of all reports re9 quired by paragraph (1), the Archivist shall submit 

10 to the Committee on Homeland Security and Gov11 ernmental Affairs of the Senate and the Committee 

12 on Oversight and Government Reform of the House 

13 of Representatives a report on Federal agency com14 pliance with the regulations promulgated under sub15 section (a) and shall make the report publicly avail16 able on the website of the agency.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

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

19 Code, is amended by adding after the item relating to sec20 tion 2911 the following new item: 

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

21 (c) DEFINITIONS.—Section 2901 of title 44, United 

22 States Code, is amended— 

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

24 (14); and 


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

2 the following new paragraphs: 

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

4 electronic mail and other electronic messaging sys5 tems that are used for purposes of communicating 

6 between individuals; and 

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

8 system’ means software designed to manage elec9 tronic records, including by— 

10 ‘‘(A) categorizing and locating records; 

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

12 long as necessary; 

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

14 disposition; and 

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

16 disposition of records.’’. 

17 SEC. 3. PRESIDENTIAL RECORDS. 

18 (a) ADDITIONAL REGULATIONS RELATING TO PRESI19 DENTIAL RECORDS.— 

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

21 United States Code, is amended— 

22 (A) by striking ‘‘and’’ at the end of para23 graph (3); 

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

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


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

2 ‘‘(5) provisions for establishing standards nec3 essary for the economical and efficient management 

4 of electronic Presidential records during the Presi5 dent’s term of office, including— 

6 ‘‘(A) records management controls nec7 essary for the capture, management, and pres8 ervation of electronic messages; 

9 ‘‘(B) records management controls nec10 essary to ensure that electronic messages are 

11 readily accessible for retrieval through elec12 tronic searches; and 

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

14 records management system to be used by the 

15 President for the purposes of complying with 

16 the requirements in subparagraphs (A) and 

17 (B).’’. 

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

19 United States Code, is amended by adding at the 

20 end the following new paragraphs: 

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

22 meaning given that term under section 2901(15) of 

23 this title. 


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

2 system’ has the meaning given that term under sec3 tion 2901(16) of this title.’’. 

4 (b) CERTIFICATION OF PRESIDENT’S MANAGEMENT

5 OF PRESIDENTIAL RECORDS.— 

6 (1) CERTIFICATION REQUIRED.—Chapter 22 of 

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

8 at the end the following new section: 

9 ‘‘§ 2210. Certification of the President’s management 

10 of Presidential records 

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

12 annually certify whether the electronic records manage13 ment controls established by the President meet require14 ments under sections 2203(a) and 2206(5) of this title. 

15 ‘‘(b) REPORT TO CONGRESS.—The Archivist shall re16 port annually to the Committee on Homeland Security and 

17 Governmental Affairs of the Senate and the Committee 

18 on Oversight and Government Reform of the House of 

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

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of chapter 22 of title 44, 

22 United States Code, is amended by adding at the 

23 end the following new item: 

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

records.’’. 


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

2 44, United States Code, is amended by adding at the end 

3 the following: 

4 ‘‘(4) One year following the conclusion of a Presi5 dent’s term of office, or if a President serves consecutive 

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

7 the Archivist shall submit to the Committee on Homeland 

8 Security and Governmental Affairs of the Senate and the 

9 Committee on Oversight and Government Reform of the 

10 House of Representatives a report on— 

11 ‘‘(A) the volume and format of electronic Presi12 dential records deposited into that President’s Presi13 dential archival depository; and 

14 ‘‘(B) whether the electronic records manage15 ment controls of that President met the require16 ments under sections 2203(a) and 2206(5) of this 

17 title.’’. 

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

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

20 the enactment of this Act. 

Æ 


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