I 
111TH CONGRESS 
1ST SESSION H. R. 1387 
To amend title 44, United States Code, to require preservation of certain 
electronic records by Federal agencies, to require a certification and 
reports relating to Presidential records, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 9, 2009 
Mr. HODES (for himself, Mr. TOWNS, and Mr. CLAY) introduced the following 
bill; which was referred to the Committee on Oversight and Government 
Reform 
A BILL 
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, 
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.— 
VerDate Nov 24 2008 
04:32 Mar 10, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1387.IH
H1387
smartinez on PROD1PC64 with BILLS
(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); 
‘‘(4) establish a process to certify that Federal 
agencies’ electronic records management systems 
meet the functional requirements established under 
paragraph (3); and 
VerDate Nov 24 2008 
04:32 Mar 10, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1387.IH
H1387
smartinez on PROD1PC64 with BILLS
‘‘(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 
compliance with the regulations promulgated under 
this section. 
‘‘(2) ARCHIVIST REPORT TO CONGRESS.—Not 
later than 90 days after receipt of all reports re-
VerDate Nov 24 2008 
04:32 Mar 10, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1387.IH
H1387
smartinez on PROD1PC64 with BILLS
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-
tems that are used for purposes of communicating 
between individuals; and 
‘‘(17) the term ‘electronic records management 
system’ means a software system designed to man-
VerDate Nov 24 2008 
04:32 Mar 10, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1387.IH
H1387
smartinez on PROD1PC64 with BILLS
age electronic records within an information tech-
nology system, 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) 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 Presidential records during the President’s term 
of office, including— 
VerDate Nov 24 2008 
04:32 Mar 10, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1387.IH
H1387
smartinez on PROD1PC64 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) 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.— 
(1) CERTIFICATION REQUIRED.—Chapter 22 of 
title 44, United States Code, is amended by adding 
at the end the following new section: 
VerDate Nov 24 2008 
04:32 Mar 10, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1387.IH
H1387
smartinez on PROD1PC64 with BILLS