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).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 29 of title 44, 
United States Code, is amended by adding after the 
item relating to section 2910 the following new item: 
‘‘2911. Preservation of electronic messages and other records.’’. 
(b) 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 
VerDate Mar 15 2010 
22:22 Mar 22, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1234.IH
H1234
srobinson on DSK4SPTVN1PROD with BILLS
‘‘(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— 
VerDate Mar 15 2010 
22:22 Mar 22, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1234.IH
H1234
srobinson on DSK4SPTVN1PROD with BILLS
‘‘(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 Mar 15 2010 
22:22 Mar 22, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1234.IH
H1234
srobinson on DSK4SPTVN1PROD with BILLS
(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 at the beginning of chapter 22 of title 44, 
United States Code, as amended by subsection 
(a)(4), is further 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, 
VerDate Mar 15 2010 
22:22 Mar 22, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1234.IH
H1234
srobinson on DSK4SPTVN1PROD with BILLS
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 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. 
Æ 
VerDate Mar 15 2010 
22:22 Mar 22, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H1234.IH
H1234
srobinson on DSK4SPTVN1PROD with BILLS