IIB 
115TH CONGRESS 
2D SESSION 
H. R. 1376 
IN THE SENATE OF THE UNITED STATES 
JULY 17, 2018 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
To amend title 44, United States Code, to require preserva-
tion of certain electronic records by Federal agencies, 
to require a certification and reports relating to Presi-
dential records, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Electronic Message 
Preservation Act of 2017’’. 
SEC. 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 fol-
lowing new section: 
‘‘§ 2912. Preservation of electronic messages and 
other records 
‘‘(a) REGULATIONS REQUIRED.—The Archivist shall 
promulgate regulations governing Federal agency preser-
vation of electronic messages that are determined to be 
records. Such regulations shall, at a minimum— 
‘‘(1) require the electronic capture, manage-
ment, and preservation of such electronic records in 
accordance with the records disposition requirements 
of chapter 33; 
‘‘(2) require that such electronic records are 
readily accessible for retrieval through electronic 
searches; and 
‘‘(3) include timelines for Federal agency imple-
mentation of the regulations that ensure compliance 
as expeditiously as practicable. 
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‘‘(b) ENSURING COMPLIANCE.—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 the elec-
tronic records management system of each Federal 
agency meets the functional requirements estab-
lished 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).’’. 
(b) DEADLINE FOR REGULATIONS.— 
(1) PRESERVATION
OF
ELECTRONIC
MES-
SAGES.—Not later than 120 days after the date of 
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the enactment of this Act, the Archivist shall pro-
mulgate the regulations required under section 
2912(a) of title 44, United States Code, as added by 
subsection (a). 
(2) ENSURING COMPLIANCE.—Not later than 2 
years after the date of the enactment of this Act, the 
Archivist shall promulgate the regulations required 
under section 2912(b) of title 44, United States 
Code, as added by subsection (a). 
(c) REPORTS
ON IMPLEMENTATION
OF REGULA-
TIONS.— 
(1) AGENCY REPORT TO ARCHIVIST.—Not later 
than 1 year after the date of the enactment of this 
Act, the head of each Federal agency shall submit 
to the Archivist a report on the agency’s compliance 
with the regulations promulgated under section 2912 
of title 44, United States Code, as added by sub-
section (a), and shall make the report publicly avail-
able 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 
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of Representatives a report on Federal agency com-
pliance with the regulations promulgated under sec-
tion 2912(a) of title 44, United States Code, as 
added by subsection (a), and shall make the report 
publicly available on the website of the agency. 
(3) FEDERAL AGENCY DEFINED.—In this sub-
section, the term ‘‘Federal agency’’ has the meaning 
given that term in section 2901 of title 44, United 
States Code. 
(d) 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.’’. 
(e) 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-
tems that are used for purposes of communicating 
between individuals; and 
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‘‘(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 
(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— 
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‘‘(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). 
‘‘(7) The term ‘electronic records management 
system’ has the meaning given that term under sec-
tion 2901(16).’’. 
(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: 
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‘‘§ 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). 
‘‘(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.’’. 
(c) REPORT TO CONGRESS.—Section 2203(g) of title 
44, United States Code, is amended by adding at the end 
the following new paragraph: 
‘‘(5) One year following the conclusion of a Presi-
dent’s term of office, or if a President serves consecutive 
terms 1 year following the conclusion of the last term, the 
Archivist shall submit to the Committee on Homeland Se-
curity and Governmental Affairs of the Senate and the 
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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 sections 2203(a) and 2206(5).’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 1 year after the date of the 
enactment of this Act. 
Passed the House of Representatives July 16, 2018. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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