IIB 
111TH CONGRESS 
2D SESSION 
H. R. 1387 
IN THE SENATE OF THE UNITED STATES 
MARCH 18, 2010 
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’’. 
SEC. 2. PRESERVATION OF ELECTRONIC MESSAGES. 
(a) REQUIREMENT FOR PRESERVATION OF ELEC-
TRONIC MESSAGES.— 
(1) IN
GENERAL.—Chapter 29 of title 44, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2911. Electronic messages 
‘‘(a) REGULATIONS REQUIRED.—Not later than 18 
months after the date of the enactment of this section, 
the Archivist shall promulgate regulations governing agen-
cy preservation of electronic messages that are 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 of this title; 
‘‘(2) require that such electronic records are 
readily accessible for retrieval through electronic 
searches; 
‘‘(3) establish mandatory minimum functional 
requirements for electronic records management sys-
tems to ensure compliance with the requirements in 
paragraphs (1) and (2); 
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‘‘(4) establish a process to certify that Federal 
agencies’ electronic records management systems 
meet the functional requirements established under 
paragraph (3); and 
‘‘(5) include timelines for agency compliance 
with the regulations that ensure compliance as expe-
ditiously as practicable but not later than four years 
after the date of the enactment of this section. 
‘‘(b) 
COVERAGE
OF
OTHER
ELECTRONIC 
RECORDS.—To the extent practicable, the regulations pro-
mulgated under subsection (a) shall also include require-
ments for the capture, management, and preservation of 
other electronic records. 
‘‘(c) COMPLIANCE BY FEDERAL AGENCIES.—Each 
Federal agency shall comply with the regulations promul-
gated under subsection (a). 
‘‘(d) REVIEW
OF REGULATIONS REQUIRED.—The 
Archivist shall periodically review and, as necessary, 
amend the regulations promulgated under this section. 
‘‘(e) REPORTS ON IMPLEMENTATION OF REGULA-
TIONS.— 
‘‘(1) AGENCY
REPORT
TO
ARCHIVIST.—Not 
later than four years after the date of the enactment 
of this section, the head of each Federal agency shall 
submit to the Archivist a report on the agency’s 
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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 this 
section.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 29 of title 44, United States Code, 
is amended by adding after the item relating to sec-
tion 2910 the following new item: 
‘‘2911. Electronic messages.’’. 
(b) DEFINITIONS.—Section 2901 of title 44, United 
States Code, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(14); 
(2) by striking the period at the end of para-
graph (15) and inserting a semicolon; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(16) the term ‘electronic messages’ means 
electronic mail and other electronic messaging sys-
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tems that are used for purposes of communicating 
between individuals; and 
‘‘(17) 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 
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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) DEFINITION.—Section 2201 of title 44, 
United States Code, is amended by adding at the 
end the following new paragraphs: 
‘‘(5) The term ‘electronic messages’ has the 
meaning provided in section 2901(16) of this title. 
‘‘(6) The term ‘electronic records management 
system’ has the meaning provided in section 
2901(17) of this title.’’. 
(b) CERTIFICATION OF PRESIDENT’S MANAGEMENT 
OF PRESIDENTIAL RECORDS.— 
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(1) CERTIFICATION REQUIRED.—Chapter 22 of 
title 44, United States Code, is amended by adding 
at the end the following new section: 
‘‘§ 2208. 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 for chapter 22 of title 44, United States Code, 
is amended by adding at the end the following new 
item: 
‘‘2208. 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 
terms one year following the conclusion of the last term, 
the Archivist shall submit to the Committee on Homeland 
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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 sections 2203(a) and 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. 4. PROCEDURES TO PREVENT UNAUTHORIZED RE-
MOVAL OF CLASSIFIED RECORDS FROM NA-
TIONAL ARCHIVES. 
(a) IN GENERAL.—The Archivist of the United 
States shall prescribe internal procedures to prevent the 
unauthorized removal of classified records from the Na-
tional Archives and Records Administration or the de-
struction or damage of such records, including when such 
records are accessed or searched electronically. The proce-
dures shall apply to all National Archives and Records Ad-
ministration facilities authorized to store classified records 
and include the following prohibitions: 
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(1) No person, other than covered personnel, 
shall view classified records in any room that is not 
secure except in the presence of National Archives 
and Records Administration personnel or under 
video surveillance. 
(2) No person, other than covered personnel, 
shall at any time be left alone with classified 
records, unless that person is under video surveil-
lance. 
(3) No person, other than covered personnel, 
shall conduct any review of classified records while 
in the possession of any cell phone or other personal 
communication device. 
(4) All persons seeking access to review classi-
fied records, as a precondition to such access, must 
consent to a search of their belongings upon conclu-
sion of their records review. 
(5) All notes and other writings prepared by 
persons other than covered personnel during the 
course of a review of classified records shall be re-
tained by the National Archives and Records Admin-
istration in a secure facility until such notes and 
other writings are determined to be unclassified, are 
declassified, or are securely transferred to another 
secure facility. 
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(b) DEFINITIONS.—In this section: 
(1) The term ‘‘records’’ has the meaning pro-
vided in section 3301 of title 44, United States 
Code. 
(2) The term ‘‘covered personnel’’ means any 
individual— 
(A) who has an appropriate and necessary 
reason for accessing classified records, as deter-
mined by the Archivist; and 
(B) who is either— 
(i) an officer or employee of the Fed-
eral Government with appropriate security 
clearances; or 
(ii) any personnel with appropriate se-
curity clearances of a Federal contractor 
authorized in writing to act for purposes of 
this section by an officer or employee of 
the Federal Government. 
SEC. 5. RESTRICTIONS ON ACCESS TO PRESIDENTIAL 
RECORDS. 
Section 2204 of title 44, United States Code (relating 
to restrictions on access to presidential records) is amend-
ed by adding at the end the following new subsection: 
‘‘(f) The Archivist shall not make available any origi-
nal presidential records to any individual claiming access 
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to any presidential record as a designated representative 
under section 2205(3) of this title if that individual has 
been convicted of a crime relating to the review, retention, 
removal, or destruction of records of the Archives.’’. 
SEC. 6. BUDGETARY EFFECTS OF PAYGO LEGISLATION FOR 
THIS ACT. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go-Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
Passed the House of Representatives March 17, 
2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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