IB 

Union Calendar No. 93 

113TH CONGRESS 

1ST SESSION H. R. 1234 

[Report No. 113–128] 

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 18, 2013 

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

Committee on Oversight and Government Reform 

JUNE 25, 2013 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Omit the part struck through and insert the part printed in italic] 


sroberts on DSK5SPTVN1PROD with BILLS
2 

•HR 1234 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. 


sroberts on DSK5SPTVN1PROD with BILLS
3 

•HR 1234 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’’. 

6 SEC. 2. RECORDS MANAGEMENT. 

7 (a) REQUIREMENT FOR PRESERVATION OF ELEC8 TRONIC MESSAGES.— 

9 (1) IN GENERAL.—Chapter 29 of title 44, 

10 United States Code, is amended by adding at the 

11 end the following new section: 

12 ‘‘§ 2911. Preservation of electronic messages and 

13 other records 

14 ‘‘(a) REGULATIONS REQUIRED.—Not later than 18 

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

16 the Archivist shall promulgate regulations governing Fed17 eral agency preservation of electronic messages that are 

18 determined to be records (as such term is defined under 

19 section 3301 of this title). Such regulations shall, at a 

20 minimum— 

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; 


sroberts on DSK5SPTVN1PROD with BILLS
4 

•HR 1234 RH

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

2 readily accessible for retrieval through electronic 

3 searches; 

4 ‘‘(3) establish mandatory minimum functional 

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

7 paragraphs (1) and (2); 

8 ‘‘(4) establish a process to certify that Federal 

9 agencies’ electronic records management systems 

10 meet the functional requirements established under 

11 paragraph (3); and 

12 ‘‘(5) include timelines for Federal agency com13 pliance with the regulations that ensure compliance 

14 as expeditiously as practicable but not later than 

15 four years after the date of the enactment of this 

16 section. 

17 ‘‘(b) COVERAGE OF OTHER ELECTRONIC

18 RECORDS.—To the extent practicable, the regulations pro19 mulgated under subsection (a) shall also include require20 ments for the capture, management, and preservation of 

21 other electronic records. 

22 ‘‘(c) COMPLIANCE BY FEDERAL AGENCIES.—Each 

23 Federal agency shall comply with the regulations promul24 gated under subsection (a). 


sroberts on DSK5SPTVN1PROD with BILLS
5 

•HR 1234 RH

1 ‘‘(d) REVIEW OF REGULATIONS REQUIRED.—The 

2 Archivist shall periodically review and, as necessary, 

3 amend the regulations promulgated under subsection (a). 

4 ‘‘(e) REPORTS ON IMPLEMENTATION OF REGULA5 TIONS.— 

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

7 later than four years after the date of the enactment 

8 of this section, the head of each Federal agency shall 

9 submit to the Archivist a report on the agency’s 

10 compliance with the regulations promulgated under 

11 this section. 

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

13 later than 90 days after receipt of all reports re14 quired by paragraph (1), the Archivist shall submit 

15 to the Committee on Homeland Security and Gov16 ernmental Affairs of the Senate and the Committee 

17 on Oversight and Government Reform of the House 

18 of Representatives a report on Federal agency com19 pliance with the regulations promulgated under sub20 section (a).’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of chapter 29 of title 44, 

23 United States Code, is amended by adding after the 

24 item relating to section 2910 the following new item: 

‘‘2911. Preservation of electronic messages and other records.’’. 


sroberts on DSK5SPTVN1PROD with BILLS
6 

•HR 1234 RH

1 (b) DISCLOSURE REQUIREMENT FOR OFFICIAL BUSI2 NESS CONDUCTED USING NON-OFFICIAL ELECTRONIC MES3 SAGING ACCOUNT.— 

4 (1) AMENDMENT.—Chapter 29 of title 44, United 

5 States Code, as amended by subsection (a)(1), is fur6 ther amended by adding at the end the following new 

7 section: 

8 ‘‘§ 2912. Disclosure requirement for official business 

9 conducted using non-official electronic 

10 messaging accounts 

11 ‘‘(a) IN GENERAL.—An officer or employee of an exec12 utive agency may not create or send a record using a non13 official electronic messaging account unless such officer or 

14 employee— 

15 ‘‘(1) copies an official electronic messaging ac16 count of the officer or employee in the original cre17 ation or transmission of the record; or 

18 ‘‘(2) forwards a complete copy of the record to an 

19 official electronic messaging account of the officer or 

20 employee within five days after the original creation 

21 or transmission of the record. 

22 ‘‘(b) ADVERSE ACTIONS.—The intentional violation of 

23 subsection (a) (including any rules, regulations, or other 

24 implementing guidelines), as determined by the appropriate 

25 supervisor, shall be a basis for disciplinary action in acVerDate Mar 15 2010 22:06 Jun 25, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1234.RH H1234

sroberts on DSK5SPTVN1PROD with BILLS
7 

•HR 1234 RH

1 cordance with subchapter I, II, or V of chapter 75 of title 

2 5, as the case may be. 

3 ‘‘(c) DEFINITIONS.—In this section: 

4 ‘‘(1) ELECTRONIC MESSAGES.—The term ‘elec5 tronic messages’ has the meaning given that term in 

6 section 2901. 

7 ‘‘(2) ELECTRONIC MESSAGING ACCOUNT.—The 

8 term ‘electronic messaging account’ means any ac9 count that sends electronic messages. 

10 ‘‘(3) EXECUTIVE AGENCY.—The term ‘executive 

11 agency’ has the meaning given that term in section 

12 105 of title 5.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of chapter 29 of title 44, 

15 United States Code, as amended by subsection (a)(2), 

16 is further amended by adding at the end the following 

17 new item: 

‘‘2912. Disclosure requirement for official business conducted using non-official 

electronic messaging accounts.’’. 

18 (b) (c) DEFINITIONS.—Section 2901 of title 44, 

19 United States Code, is amended— 

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

21 (14); and 

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

23 the following new paragraphs: 


sroberts on DSK5SPTVN1PROD with BILLS
8 

•HR 1234 RH

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

2 electronic mail and other electronic messaging sys3 tems that are used for purposes of communicating 

4 between individuals; and 

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

6 system’ means software designed to manage elec7 tronic records, including by— 

8 ‘‘(A) categorizing and locating records; 

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

10 long as necessary; 

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

12 disposition; and 

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

14 disposition of records.’’. 

15 SEC. 3. PRESIDENTIAL RECORDS. 

16 (a) ADDITIONAL REGULATIONS RELATING TO PRESI17 DENTIAL RECORDS.— 

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

19 United States Code, is amended— 

20 (A) by striking ‘‘and’’ at the end of para21 graph (3); 

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

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

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


sroberts on DSK5SPTVN1PROD with BILLS
9 

•HR 1234 RH

1 ‘‘(5) provisions for establishing standards nec2 essary for the economical and efficient management 

3 of electronic Presidential records during the Presi4 dent’s term of office, including— 

5 ‘‘(A) records management controls nec6 essary for the capture, management, and pres7 ervation of electronic messages; 

8 ‘‘(B) records management controls nec9 essary to ensure that electronic messages are 

10 readily accessible for retrieval through elec11 tronic searches; and 

12 ‘‘(C) a process to certify the electronic 

13 records management system to be used by the 

14 President for the purposes of complying with 

15 the requirements in subparagraphs (A) and 

16 (B).’’. 

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

18 United States Code, is amended by adding at the 

19 end the following new paragraphs: 

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

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

22 this title. 

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

24 system’ has the meaning given that term under sec25 tion 2901(16) of this title.’’. 


sroberts on DSK5SPTVN1PROD with BILLS
10 

•HR 1234 RH

1 (b) CERTIFICATION OF PRESIDENT’S MANAGEMENT

2 OF PRESIDENTIAL RECORDS.— 

3 (1) CERTIFICATION REQUIRED.—Chapter 22 of 

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

5 at the end the following new section: 

6 ‘‘§ 2208. Certification of the President’s management 

7 of Presidential records 

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

9 annually certify whether the electronic records manage10 ment controls established by the President meet require11 ments under sections 2203(a) and 2206(5) of this title. 

12 ‘‘(b) REPORT TO CONGRESS.—The Archivist shall re13 port annually to the Committee on Homeland Security and 

14 Governmental Affairs of the Senate and the Committee 

15 on Oversight and Government Reform of the House of 

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

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of chapter 22 of title 44, 

19 United States Code, as amended by subsection 

20 (a)(4), is further amended is amended by adding at 

21 the end the following new item: 

‘‘2208. Certification of the President’s management of Presidential records.’’. 

22 (c) REPORT TO CONGRESS.—Section 2203(f) of title 

23 44, United States Code, is amended by adding at the end 

24 the following: 


sroberts on DSK5SPTVN1PROD with BILLS
11 

•HR 1234 RH

1 ‘‘(4) One year following the conclusion of a Presi2 dent’s term of office, or if a President serves consecutive 

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

4 the Archivist shall submit to the Committee on Homeland 

5 Security and Governmental Affairs of the Senate and the 

6 Committee on Oversight and Government Reform of the 

7 House of Representatives a report on— 

8 ‘‘(A) the volume and format of electronic Presi9 dential records deposited into that President’s Presi10 dential archival depository; and 

11 ‘‘(B) whether the electronic records manage12 ment controls of that President met the require13 ments under sections 2203(a) and 2206(5) of this 

14 title.’’. 

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

16 this section subsections (a), (b), and (c) shall take effect 

17 one year after the date of the enactment of this Act. 

18 (e) DISCLOSURE REQUIREMENT FOR OFFICIAL BUSI19 NESS CONDUCTED USING NON-OFFICIAL ELECTRONIC MES20 SAGING ACCOUNT.— 

21 (1) AMENDMENT.—Chapter 22 of title 44, United 

22 States Code, as amended by subsection (b)(1), is fur23 ther amended by adding at the end the following new 

24 section: 


sroberts on DSK5SPTVN1PROD with BILLS
12 

•HR 1234 RH

1 ‘‘§ 2209. Disclosure requirement for official business 

2 conducted using non-official electronic 

3 messaging accounts 

4 ‘‘(a) IN GENERAL.—An officer or employee of an exec5 utive agency may not create or send a Presidential record 

6 using a non-official electronic messaging account unless 

7 such officer or employee— 

8 ‘‘(1) copies an official electronic messaging ac9 count of the officer or employee in the original cre10 ation or transmission of the Presidential record; or 

11 ‘‘(2) forwards a complete copy of the Presidential 

12 record to an official electronic messaging account of 

13 the officer or employee within five days after the 

14 original creation or transmission of the Presidential 

15 record. 

16 ‘‘(b) ADVERSE ACTIONS.—The intentional violation of 

17 subsection (a) (including any rules, regulations, or other 

18 implementing guidelines), as determined by the appropriate 

19 supervisor, shall be a basis for disciplinary action in ac20 cordance with subchapter I, II, or V of chapter 75 of title 

21 5, as the case may be. 

22 ‘‘(c) DEFINITIONS.—In this section: 

23 ‘‘(1) ELECTRONIC MESSAGES.—The term ‘elec24 tronic messages’ has the meaning given that term in 

25 section 2901. 


sroberts on DSK5SPTVN1PROD with BILLS
13 

•HR 1234 RH

1 ‘‘(2) ELECTRONIC MESSAGING ACCOUNT.—The 

2 term ‘electronic messaging account’ means any ac3 count that sends electronic messages. 

4 ‘‘(3) EXECUTIVE AGENCY.—The term ‘executive 

5 agency’ has the meaning given that term in section 

6 105 of title 5.’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of chapter 22 of title 44, 

9 United States Code, as amended by subsection (b)(2), 

10 is further amended by adding at the end the following 

11 new item: 

‘‘2209. Disclosure requirement for official business conducted using non-official 

electronic messaging accounts.’’. 


sroberts on DSK5SPTVN1PROD with BILLS
Union Calendar No. 93 

113TH CONGRESS 

1ST SESSION H. R. 1234 

[Report No. 113–128] 

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 FedJUNE 25, 2013 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Mar 15 2010 22:06 Jun 25, 2013 Jkt 029200 PO 00000 Frm 00014 Fmt 6651 Sfmt 6651 E:\BILLS\H1234.RH H1234

sroberts on DSK5SPTVN1PROD with BILLS