SECTION 2. PRESERVATION OF ELECTRONIC MESSAGES 
AND OTHER RECORDS. 
(a) REQUIREMENT FOR PRESERVATION OF ELEC-
TRONIC MESSAGES.—Chapter 29 of title 44, United 
States Code is amended by adding at the end the following 
new section: 
‘‘§ 2912. Preservation of electronic messages and 
other records 
‘‘(a) REGULATIONS REQUIRED.—Not later than 120 
days after the date of the enactment of this section, the 
Archivist shall promulgate regulations governing Federal 
agency preservation of electronic messages that are deter-
mined to be records (as such term is defined under section 
3301 of this title). Such regulations shall, at a min-
imum— 
‘‘(1) require the electronic capture, manage-
ment, and preservation of such electronic records in 
accordance with the records disposition requirements 
of chapter 33 of this title; 
‘‘(2) require that such electronic records are 
readily accessible for retrieval through electronic 
searches; and 
‘‘(3) include timelines for Federal agency com-
pliance with the regulations that ensure compliance 
as expeditiously as practicable but not later than 
December 31, 2016. 
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‘‘(b) ENSURING COMPLIANCE.—Not later than 2 
years after the date of the enactment of this section, the 
Archivist shall promulgate regulations that— 
‘‘(1) establish mandatory minimum functional 
requirements for electronic records management sys-
tems to ensure compliance with the requirements in 
paragraphs (1) and (2) of subsection (a); and 
‘‘(2) establish a process to ensure that Federal 
agencies’ electronic records management systems 
meet the functional requirements established under 
paragraph (1). 
‘‘(c) 
COVERAGE
OF
OTHER
ELECTRONIC 
RECORDS.—To the extent practicable, the regulations pro-
mulgated under subsections (a) and (b) shall also include 
requirements for the capture, management, and preserva-
tion of other electronic records. 
‘‘(d) COMPLIANCE BY FEDERAL AGENCIES.—Each 
Federal agency shall comply with the regulations promul-
gated under subsections (a) and (b). 
‘‘(e) REVIEW OF REGULATIONS REQUIRED.—The Ar-
chivist shall periodically review and, as necessary, amend 
the regulations promulgated under subsections (a) and 
(b). 
‘‘(f) REPORTS ON IMPLEMENTATION OF REGULA-
TIONS.— 
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‘‘(1) AGENCY
REPORT
TO
ARCHIVIST.—Not 
later than December 31, 2017, the head of each 
Federal agency shall submit to the Archivist a report 
on the agency’s compliance with the regulations pro-
mulgated under this section and shall make the re-
port publicly available on the website of the agency. 
‘‘(2) ARCHIVIST REPORT TO CONGRESS.—Not 
later than 90 days after receipt of all reports re-
quired by paragraph (1), the Archivist shall submit 
to the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate and the Committee 
on Oversight and Government Reform of the House 
of Representatives a report on Federal agency com-
pliance with the regulations promulgated under sub-
section (a) and shall make the report publicly avail-
able on the website of the agency.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 29 of title 44, United States 
Code, is amended by adding after the item relating to sec-
tion 2911 the following new item: 
‘‘2912. Preservation of electronic messages and other records.’’. 
(c) DEFINITIONS.—Section 2901 of title 44, United 
States Code, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(14); and 
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(2) by striking paragraph (15) and inserting 
the following new paragraphs: 
‘‘(15) the term ‘electronic messages’ means 
electronic mail and other electronic messaging sys-
tems that are used for purposes of communicating 
between individuals; and 
‘‘(16) the term ‘electronic records management 
system’ means software designed to manage elec-
tronic records, including by— 
‘‘(A) categorizing and locating records; 
‘‘(B) ensuring that records are retained as 
long as necessary; 
‘‘(C) identifying records that are due for 
disposition; and 
‘‘(D) ensuring the storage, retrieval, and 
disposition of records.’’. 
SEC. 3. PRESIDENTIAL RECORDS. 
(a) ADDITIONAL REGULATIONS RELATING TO PRESI-
DENTIAL RECORDS.— 
(1) IN
GENERAL.—Section 2206 of title 44, 
United States Code, is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (3); 
(B) by striking the period at the end of 
paragraph (4) and inserting ‘‘; and’’; and 
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(C) by adding at the end the following: 
‘‘(5) provisions for establishing standards nec-
essary for the economical and efficient management 
of electronic Presidential records during the Presi-
dent’s term of office, including— 
‘‘(A) records management controls nec-
essary for the capture, management, and pres-
ervation of electronic messages; 
‘‘(B) records management controls nec-
essary to ensure that electronic messages are 
readily accessible for retrieval through elec-
tronic searches; and 
‘‘(C) a process to ensure the electronic 
records management system to be used by the 
President for the purposes of complying with 
the requirements in subparagraphs (A) and 
(B).’’. 
(2) DEFINITIONS.—Section 2201 of title 44, 
United States Code, is amended by adding at the 
end the following new paragraphs: 
‘‘(6) The term ‘electronic messages’ has the 
meaning given that term under section 2901(15) of 
this title. 
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‘‘(7) The term ‘electronic records management 
system’ has the meaning given that term under sec-
tion 2901(16) of this title.’’. 
(b) CERTIFICATION OF PRESIDENT’S MANAGEMENT 
OF PRESIDENTIAL RECORDS.— 
(1) CERTIFICATION REQUIRED.—Chapter 22 of 
title 44, United States Code, is amended by adding 
at the end the following new section: 
‘‘§ 2210. Certification of the President’s management 
of Presidential records 
‘‘(a) ANNUAL CERTIFICATION.—The Archivist shall 
annually certify whether the electronic records manage-
ment controls established by the President meet require-
ments under sections 2203(a) and 2206(5) of this title. 
‘‘(b) REPORT TO CONGRESS.—The Archivist shall re-
port annually to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee 
on Oversight and Government Reform of the House of 
Representatives on the status of the certification.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 22 of title 44, 
United States Code, is amended by adding at the 
end the following new item: 
‘‘2210. Certification of the President’s management of Presidential 
records.’’. 
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