IB 

Union Calendar No. 589 

114TH CONGRESS 

2D SESSION H. R. 2319 

[Report No. 114–757] 

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 

SEPTEMBER 19, 2016 

Additional sponsor: Ms. DUCKWORTH

SEPTEMBER 19, 2016 

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

and ordered to be printed 


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•HR 2319 RH

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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•HR 2319 RH

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’’. 

6 SECTION 2. PRESERVATION OF ELECTRONIC MESSAGES 

7 AND 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 following 

11 new section: 

12 ‘‘§ 2912. Preservation of electronic messages and 

13 other records 

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

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

16 Archivist shall promulgate regulations governing Federal 

17 agency preservation of electronic messages that are deter18 mined to be records (as such term is defined under section 

19 3301 of this title). Such regulations shall, at a min20 imum— 

21 ‘‘(1) require the electronic capture, manage22 ment, and preservation of such electronic records in 

23 accordance with the records disposition requirements 

24 of chapter 33 of this title; 


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

2 readily accessible for retrieval through electronic 

3 searches; and 

4 ‘‘(3) include timelines for Federal agency com5 pliance with the regulations that ensure compliance 

6 as expeditiously as practicable but not later than 

7 December 31, 2016. 

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

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

10 Archivist shall promulgate regulations that— 

11 ‘‘(1) establish mandatory minimum functional 

12 requirements for electronic records management sys13 tems to ensure compliance with the requirements in 

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

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

16 agencies’ electronic records management systems 

17 meet the functional requirements established under 

18 paragraph (1). 

19 ‘‘(c) COVERAGE OF OTHER ELECTRONIC

20 RECORDS.—To the extent practicable, the regulations pro21 mulgated under subsections (a) and (b) shall also include 

22 requirements for the capture, management, and preserva23 tion of other electronic records. 


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

2 Federal agency shall comply with the regulations promul3 gated under subsections (a) and (b). 

4 ‘‘(e) REVIEW OF REGULATIONS REQUIRED.—The Ar5 chivist shall periodically review and, as necessary, amend 

6 the regulations promulgated under subsections (a) and 

7 (b). 

8 ‘‘(f) REPORTS ON IMPLEMENTATION OF REGULA9 TIONS.— 

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

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

12 Federal agency shall submit to the Archivist a report 

13 on the agency’s compliance with the regulations pro14 mulgated under this section and shall make the re15 port publicly available on the website of the agency. 

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

17 later than 90 days after receipt of all reports re18 quired by paragraph (1), the Archivist shall submit 

19 to the Committee on Homeland Security and Gov20 ernmental Affairs of the Senate and the Committee 

21 on Oversight and Government Reform of the House 

22 of Representatives a report on Federal agency com23 pliance with the regulations promulgated under sub24 section (a) and shall make the report publicly avail25 able on the website of the agency.’’. 


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

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

3 Code, is amended by adding after the item relating to sec4 tion 2911 the following new item: 

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

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

6 States Code, is amended— 

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

8 (14); and 

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

10 the following new paragraphs: 

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

12 electronic mail and other electronic messaging sys13 tems that are used for purposes of communicating 

14 between individuals; and 

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

16 system’ means software designed to manage elec17 tronic records, including by— 

18 ‘‘(A) categorizing and locating records; 

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

20 long as necessary; 

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

22 disposition; and 

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

24 disposition of records.’’. 


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1 SEC. 3. PRESIDENTIAL RECORDS. 

2 (a) ADDITIONAL REGULATIONS RELATING TO PRESI3 DENTIAL RECORDS.— 

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

5 United States Code, is amended— 

6 (A) by striking ‘‘and’’ at the end of para7 graph (3); 

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

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

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

11 ‘‘(5) provisions for establishing standards nec12 essary for the economical and efficient management 

13 of electronic Presidential records during the Presi14 dent’s term of office, including— 

15 ‘‘(A) records management controls nec16 essary for the capture, management, and pres17 ervation of electronic messages; 

18 ‘‘(B) records management controls nec19 essary to ensure that electronic messages are 

20 readily accessible for retrieval through elec21 tronic searches; and 

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

23 records management system to be used by the 

24 President for the purposes of complying with 

25 the requirements in subparagraphs (A) and 

26 (B).’’. 


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

2 United States Code, is amended by adding at the 

3 end the following new paragraphs: 

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

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

6 this title. 

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

8 system’ has the meaning given that term under sec9 tion 2901(16) of this title.’’. 

10 (b) CERTIFICATION OF PRESIDENT’S MANAGEMENT

11 OF PRESIDENTIAL RECORDS.— 

12 (1) CERTIFICATION REQUIRED.—Chapter 22 of 

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

14 at the end the following new section: 

15 ‘‘§ 2210. Certification of the President’s management 

16 of Presidential records 

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

18 annually certify whether the electronic records manage19 ment controls established by the President meet require20 ments under sections 2203(a) and 2206(5) of this title. 

21 ‘‘(b) REPORT TO CONGRESS.—The Archivist shall re22 port annually to the Committee on Homeland Security and 

23 Governmental Affairs of the Senate and the Committee 

24 on Oversight and Government Reform of the House of 

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


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 22 of title 44, 

3 United States Code, is amended by adding at the 

4 end the following new item: 

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

records.’’. 

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

6 44, United States Code, is amended by adding at the end 

7 the following: 

8 ‘‘(4) One year following the conclusion of a Presi9 dent’s term of office, or if a President serves consecutive 

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

11 the Archivist shall submit to the Committee on Homeland 

12 Security and Governmental Affairs of the Senate and the 

13 Committee on Oversight and Government Reform of the 

14 House of Representatives a report on— 

15 ‘‘(A) the volume and format of electronic Presi16 dential records deposited into that President’s Presi17 dential archival depository; and 

18 ‘‘(B) whether the electronic records manage19 ment controls of that President met the require20 ments under sections 2203(a) and 2206(5) of this 

21 title.’’. 

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

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

24 the enactment of this Act. 


sradovich on DSK3GMQ082PROD with BILLS
Union Calendar No. 589 

114TH CONGRESS 

2D SESSION H. R. 2319 

[Report No. 114–757] 

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 FedSEPTEMBER 19, 2016 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


sradovich on DSK3GMQ082PROD with BILLS