HR 5170 RFS
compliance with the regulations promulgated under 
this section. 
‘‘(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).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 29 of title 44, United States 
Code, as amended by section 3(c)(2), is further amended 
by adding after the item relating to section 2911 the fol-
lowing 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 
(2) by striking paragraph (15) and inserting 
the following new paragraphs: 
‘‘(15) the term ‘electronic messages’ means 
electronic mail and other electronic messaging sys-
VerDate Sep 11 2014 
00:16 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5170.RFS
H5170
emcdonald on DSK67QTVN1PROD with BILLS
HR 5170 RFS
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. 7. 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 
(C) by adding at the end the following: 
‘‘(5) provisions for establishing standards nec-
essary for the economical and efficient management 
VerDate Sep 11 2014 
00:16 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5170.RFS
H5170
emcdonald on DSK67QTVN1PROD with BILLS
HR 5170 RFS
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 certify 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. 
‘‘(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.— 
VerDate Sep 11 2014 
00:16 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5170.RFS
H5170
emcdonald on DSK67QTVN1PROD with BILLS
HR 5170 RFS
(1) CERTIFICATION REQUIRED.—Chapter 22 of 
title 44, United States Code, as amended by section 
3(a), is further amended by adding at the end the 
following new section: 
‘‘§ 2209. 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, as amended by section 3(c)(1), 
is further amended by adding at the end the fol-
lowing new item: 
‘‘2209. Certification of the President’s management of Presidential records.’’. 
(c) REPORT TO CONGRESS.—Section 2203(f) of title 
44, United States Code, is amended by adding at the end 
the following: 
‘‘(4) One year following the conclusion of a Presi-
dent’s term of office, or if a President serves consecutive 
VerDate Sep 11 2014 
00:16 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5170.RFS
H5170
emcdonald on DSK67QTVN1PROD with BILLS
HR 5170 RFS
terms one year following the conclusion of the last term, 
the Archivist shall submit 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 a report on— 
‘‘(A) the volume and format of electronic Presi-
dential records deposited into that President’s Presi-
dential archival depository; and 
‘‘(B) whether the electronic records manage-
ment controls of that President met the require-
ments under subsection (a) and section 2206(5) of 
this title.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect one year after the date of 
the enactment of this Act. 
SEC. 8. RETENTION OF ELECTRONIC CORRESPONDENCE. 
(a) RETENTION OF RECORDS OF HIGH LEVEL OFFI-
CIALS.—Section 3102 of title 44, United States Code, is 
amended— 
(1) in paragraph (2), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
VerDate Sep 11 2014 
00:16 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5170.RFS
H5170
emcdonald on DSK67QTVN1PROD with BILLS
HR 5170 RFS
‘‘(4) the identification of electronic messaging 
accounts (as defined in section 2911) that should be 
preserved because such accounts are most likely to 
contain records that should be preserved as perma-
nent Federal records and the automatic retention of 
those records, including the accounts of each head of 
a Federal agency, the deputies and assistants of 
such head, the head of each program office and staff 
office, each assistant secretary, each administrator, 
each commissioner, each director of an office, bu-
reau, or the equivalent, each principal regional offi-
cial, each staff assistant to such official (such as a 
special assistant, confidential assistant, and adminis-
trative assistant), each career Federal employee, 
each political appointee, and each member of the 
Armed Forces serving in equivalent or comparable 
positions; and 
‘‘(5) electronic capture, management, and pres-
ervation of the electronic messaging accounts (as de-
fined in section 2911) described in paragraph (4), in 
accordance with the records disposal requirements of 
chapter 33 of this title such that— 
‘‘(A) electronic records are readily acces-
sible for retrieval through electronic searches; 
and 
VerDate Sep 11 2014 
00:16 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H5170.RFS
H5170
emcdonald on DSK67QTVN1PROD with BILLS
HR 5170 RFS
‘‘(B) there are mandatory minimum func-
tional requirements for electronic records man-
agement systems to ensure compliance with this 
section.’’. 
(b) REVIEW BY THE COMPTROLLER GENERAL OF 
THE UNITED STATES.—Section 3107 of title 44, United 
States Code, is amended— 
(1) by striking ‘‘Chapters 21’’ and inserting 
‘‘(a) IN GENERAL.—Chapters 21’’; and 
(2) by adding at the end the following: 
‘‘(b) COMPTROLLER GENERAL EVALUATION.—The 
Comptroller General shall evaluate and report to Congress 
not less than every two years on agency management of 
electronic mail records required under paragraphs (4) and 
(5) of section 3102.’’. 
(c) REVIEW BY INSPECTOR GENERAL.—Section 4(a) 
of the Inspector General Act (5 U.S.C. App) is amended— 
(1) in paragraph (4), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (5), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(6) to review existing and proposed legislation 
and regulations relating to records retention require-
VerDate Sep 11 2014 
00:16 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H5170.RFS
H5170
emcdonald on DSK67QTVN1PROD with BILLS
HR 5170 RFS
ments under the chapters 21, 29, 31 and 33 of title 
44, United States Code (commonly referred to as 
the Federal Records Act) for programs and oper-
ations of such establishment and to make rec-
ommendations in the semiannual reports required by 
section 5(a) concerning compliance with records re-
tention requirements.’’. 
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on December 
31, 2016. 
Passed the House of Representatives September 16, 
2014. 
Attest: 
KAREN L. HAAS, 
Clerk. 
VerDate Sep 11 2014 
00:16 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H5170.RFS
H5170
emcdonald on DSK67QTVN1PROD with BILLS