IB 
Union Calendar No. 93 
113TH CONGRESS 
1ST SESSION H. R. 1234 
[Report No. 113–128] 
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 18, 2013 
Mr. CUMMINGS introduced the following bill; which was referred to the 
Committee on Oversight and Government Reform 
JUNE 25, 2013 
Reported with amendments, committed to the Committee of the Whole House 
on the State of the Union, and ordered to be printed 
[Omit the part struck through and insert the part printed in italic] 
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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. RECORDS MANAGEMENT. 
(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. Preservation of electronic messages and 
other records 
‘‘(a) REGULATIONS REQUIRED.—Not later than 18 
months after the date of the enactment of this section, 
the Archivist shall promulgate regulations governing Fed-
eral agency preservation of electronic messages that are 
determined to be records (as such term is defined under 
section 3301 of this title). 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; 
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‘‘(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 
‘‘(5) include timelines for Federal agency com-
pliance with the regulations that ensure compliance 
as expeditiously 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). 
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‘‘(d) REVIEW
OF REGULATIONS REQUIRED.—The 
Archivist shall periodically review and, as necessary, 
amend the regulations promulgated under subsection (a). 
‘‘(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-
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.’’. 
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(b) DISCLOSURE REQUIREMENT FOR OFFICIAL BUSI-
NESS CONDUCTED USING NON-OFFICIAL ELECTRONIC MES-
SAGING ACCOUNT.— 
(1) AMENDMENT.—Chapter 29 of title 44, United 
States Code, as amended by subsection (a)(1), is fur-
ther amended by adding at the end the following new 
section: 
‘‘§ 2912. Disclosure requirement for official business 
conducted using non-official electronic 
messaging accounts 
‘‘(a) IN GENERAL.—An officer or employee of an exec-
utive agency may not create or send a record using a non- 
official electronic messaging account unless such officer or 
employee— 
‘‘(1) copies an official electronic messaging ac-
count of the officer or employee in the original cre-
ation or transmission of the record; or 
‘‘(2) forwards a complete copy of the record to an 
official electronic messaging account of the officer or 
employee within five days after the original creation 
or transmission of the record. 
‘‘(b) ADVERSE ACTIONS.—The intentional violation of 
subsection (a) (including any rules, regulations, or other 
implementing guidelines), as determined by the appropriate 
supervisor, shall be a basis for disciplinary action in ac-
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cordance with subchapter I, II, or V of chapter 75 of title 
5, as the case may be. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) ELECTRONIC
MESSAGES.—The term ‘elec-
tronic messages’ has the meaning given that term in 
section 2901. 
‘‘(2) ELECTRONIC
MESSAGING
ACCOUNT.—The 
term ‘electronic messaging account’ means any ac-
count that sends electronic messages. 
‘‘(3) EXECUTIVE AGENCY.—The term ‘executive 
agency’ has the meaning given that term in section 
105 of title 5.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 29 of title 44, 
United States Code, as amended by subsection (a)(2), 
is further amended by adding at the end the following 
new item: 
‘‘2912. Disclosure requirement for official business conducted using non-official 
electronic messaging accounts.’’. 
(b) (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: 
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‘‘(15) the term ‘electronic messages’ means 
electronic mail and other electronic messaging sys-
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. 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: 
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(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: 
‘‘§ 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 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: 
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‘‘(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 
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 subsections (a), (b), and (c) shall take effect 
one year after the date of the enactment of this Act. 
(e) DISCLOSURE REQUIREMENT FOR OFFICIAL BUSI-
NESS CONDUCTED USING NON-OFFICIAL ELECTRONIC MES-
SAGING ACCOUNT.— 
(1) AMENDMENT.—Chapter 22 of title 44, United 
States Code, as amended by subsection (b)(1), is fur-
ther amended by adding at the end the following new 
section: 
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‘‘§ 2209. Disclosure requirement for official business 
conducted using non-official electronic 
messaging accounts 
‘‘(a) IN GENERAL.—An officer or employee of an exec-
utive agency may not create or send a Presidential record 
using a non-official electronic messaging account unless 
such officer or employee— 
‘‘(1) copies an official electronic messaging ac-
count of the officer or employee in the original cre-
ation or transmission of the Presidential record; or 
‘‘(2) forwards a complete copy of the Presidential 
record to an official electronic messaging account of 
the officer or employee within five days after the 
original creation or transmission of the Presidential 
record. 
‘‘(b) ADVERSE ACTIONS.—The intentional violation of 
subsection (a) (including any rules, regulations, or other 
implementing guidelines), as determined by the appropriate 
supervisor, shall be a basis for disciplinary action in ac-
cordance with subchapter I, II, or V of chapter 75 of title 
5, as the case may be. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) ELECTRONIC
MESSAGES.—The term ‘elec-
tronic messages’ has the meaning given that term in 
section 2901. 
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‘‘(2) ELECTRONIC
MESSAGING
ACCOUNT.—The 
term ‘electronic messaging account’ means any ac-
count that sends electronic messages. 
‘‘(3) EXECUTIVE AGENCY.—The term ‘executive 
agency’ has the meaning given that term in section 
105 of title 5.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 22 of title 44, 
United States Code, as amended by subsection (b)(2), 
is further amended by adding at the end the following 
new item: 
‘‘2209. Disclosure requirement for official business conducted using non-official 
electronic messaging accounts.’’. 
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Union Calendar No. 93 
113TH CONGRESS 
1ST SESSION 
H. R. 1234 
[Report No. 113–128] 
A BILL 
To amend title 44, United States Code, to require 
preservation of certain electronic records by Fed-
eral agencies, to require a certification and re-
ports relating to Presidential records, and for 
other purposes. 
JUNE 25, 2013 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
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