#aafth ,,congress  #ast ,session  ,h4   
,r4 #aehb  ,,an ,,act  ,to amend title  
#dd1 ,united ,states ,code1 to require  
preservation of certain electronic      
records by ,federal agencies1 to require
 a certification and reports relating to
 ,presidential records1 and for other   
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,electronic ,message
 ,preservation ,act4  #b4 ,preservation 
of electronic messages and other records
  7a7 ,requirement for ,preservation of 
,electronic ,messages ,chapter #bi of   
title #dd1 ,united ,states ,code1 is    
amended by adding at the end the        
following new section3  #biab4          
,preservation of electronic messages and
 other records  7a7 ,regulations        
required ,the ,archivist shall          
promulgate regulations governing        
,federal agency preservation of         
electronic messages that are determined 
to be records4 ,such regulations shall1 
at a minimum-- 7#a7 require the         
electronic capture1 management1 and     

preservation of such electronic records 
in accordance with the records          
disposition requirements of chapter #cc2
  7#b7 require that such electronic     
records are readily accessible for      
retrieval through electronic searches2  
and  7#c7 include timelines for ,federal
 agency implementation of the           
regulations that ensure compliance as   
expeditiously as practicable4  7b7      
,ensuring compliance ,the ,archivist    
shall promulgate regulations that-- 7#a7
 establish mandatory minimum functional 
requirements for electronic records     
management systems to ensure compliance 
with the requirements in paragraphs 7#a7
 and 7#b7 of subsection 7a72 and  7#b7  
establish a process to ensure that the  
electronic records management system of 
each ,federal agency meets the          
functional requirements established     
under paragraph 7#a74  7c7 ,coverage of 
other electronic records ,to the extent 
practicable1 the regulations promulgated
 under subsections 7a7 and 7b7 shall    

also include requirements for the       
capture1 management1 and preservation of
 other electronic records4  7d7         
,compliance by ,federal agencies ,each  
,federal agency shall comply with the   
regulations promulgated under           
subsections 7a7 and 7b74  7e7 ,review of
 regulations required ,the ,archivist   
shall periodically review and1 as       
necessary1 amend the regulations        
promulgated under subsections 7a7 and   
7b74  4  7b7 ,deadline for regulations  
7#a7 ,preservation of electronic        
messages ,not later than #abj days after
 the date of the enactment of this ,act1
 the ,archivist shall promulgate the    
regulations required under section      
#biab7;a7 of title #dd1 ,united ,states 
,code1 as added by subsection 7a74  7#b7
 ,ensuring compliance ,not later than #b
 years after the date of the enactment  
of this ,act1 the ,archivist shall      
promulgate the regulations required     
under section #biab7;b7 of title #dd1   
,united ,states ,code1 as added by      

subsection 7a74  7c7 ,reports on        
implementation of regulations  7#a7     
,agency report to ,archivist ,not later 
than #a year after the date of the      
enactment of this ,act1 the head of each
 ,federal agency shall submit to the    
,archivist a report on the agency's     
compliance with the regulations         
promulgated under section #biab of title
 #dd1 ,united ,states ,code1 as added by
 subsection 7a71 and shall make the     
report publicly available on the website
 of the agency4  7#b7 ,archivist report 
to ,congress ,not later than #ij days   
after receipt of all reports required by
 paragraph 7#a71 the ,archivist shall   
submit to the ,committee on ,homeland   
,security and ,governmental ,affairs of 
the ,senate and the ,committee on       
,oversight and ,reform of the ,house of 
,representatives a report on ,federal   
agency compliance with the regulations  
promulgated under section #biab7;a7 of  
title #dd1 ,united ,states ,code1 as    
added by subsection 7a71 and shall make 

the report publicly available on the    
website of the agency4  7#c7 ,federal   
agency defined ,in this subsection1 the 
term ,federal agency has the meaning    
given that term in section #bija of     
title #dd1 ,united ,states ,code4  7d7  
,clerical amendment ,the table of       
sections at the beginning of chapter #bi
 of title #dd1 ,united ,states ,code1 is
 amended by adding after the item       
relating to section #biaa the following 
new item3  #biab4 ,preservation of      
electronic messages and other records4  
4  7e7 ,definitions ,section #bija of   
title #dd1 ,united ,states ,code1 is    
amended-- 7#a7 by striking and at the   
end of paragraph 7#ad72 and  7#b7 by    
striking paragraph 7#ae7 and inserting  
the following new paragraphs3  7#ae7 the
 term electronic messages means         
electronic mail and other electronic    
messaging systems that are used for     
purposes of communicating between       
individuals2 and  7#af7 the term        
electronic records management system    

means software designed to manage       
electronic records1 including by-- 7,a7 
categorizing and locating records2  7,b7
 ensuring that records are retained as  
long as necessary2  7,c7 identifying    
records that are due for disposition2   
and  7,d7 ensuring the storage1         
retrieval1 and disposition of records4  
4  #c4 ,presidential records  7a7       
,additional ,regulations ,relating to   
,presidential ,records  7#a7 ,in general
 ,section #bbjf of title #dd1 ,united   
,states ,code1 is amended--  7,a7 by    
striking and at the end of paragraph    
7#c72  7,b7 by striking the period at   
the end of paragraph 7#d7 and inserting 
2 and2 and  7,c7 by adding at the end   
the following3  7#e7 provisions for     
establishing standards necessary for the
 economical and efficient management of 
electronic ,presidential records during 
the ,president's term of office1        
including--  7,a7 records management    
controls necessary for the capture1     
management1 and preservation of         

electronic messages2  7,b7 records      
management controls necessary to ensure 
that electronic messages are readily    
accessible for retrieval through        
electronic searches2 and  7,c7 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 
7,a7 and 7,b74  4  7#b7 ,definitions    
,section #bbja of title #dd1 ,united    
,states ,code1 is amended by adding at  
the end the following new paragraphs3   
7#f7 ,the term electronic messages has  
the meaning given that term under       
section #bija7ae74  7#g7 ,the term      
electronic records management system has
 the meaning given that term under      
section #bija7af74  4  7b7              
,certification of ,president's          
,management of ,presidential ,records   
7#a7 ,certification required ,chapter   
#bb of title #dd1 ,united ,states ,code1
 is amended by adding at the end the    
following new section3  #bbaj4          

,certification of the ,president's      
management of ,presidential records  7a7
 ,annual ,certification ,the ,archivist 
shall annually certify whether the      
electronic records management controls  
established by the ,president meet      
requirements under sections #bbjc7;a7   
and #bbjf7e74  7b7 ,report to ,congress 
,the ,archivist shall report annually to
 the ,committee on ,homeland ,security  
and ,governmental ,affairs of the       
,senate and the ,committee on ,oversight
 and ,reform of the ,house of           
,representatives on the status of the   
certification4  4  7#b7 ,clerical       
amendment ,the table of sections at the 
beginning of chapter #bb of title #dd1  
,united ,states ,code1 is amended by    
adding at the end the following new     
item3  #bbaj4 ,certification of the     
,president's management of ,presidential
 records4  4  7c7 ,report to ,congress  
,section #bbjc7;g7 of title #dd1 ,united
 ,states ,code1 is amended by adding at 
the end the following new paragraph3    

7#e7 ,one year following the conclusion 
of a ,president's term of office1 or if 
a ,president serves consecutive terms #a
 year following the conclusion of the   
last term1 the ,archivist shall submit  
to the ,committee on ,homeland ,security
 and ,governmental ,affairs of the      
,senate and the ,committee on ,oversight
 and ,reform of the ,house of           
,representatives a report on--  7,a7 the
 volume and format of electronic        
,presidential records deposited into    
that ,president's ,presidential archival
 depository2 and  7,b7 whether the      
electronic records management controls  
of that ,president met the requirements 
under sections #bbjc7;a7 and #bbjf7e74  
4  7d7 ,effective date ,the amendments  
made by this section shall take effect  
#a year after the date of the enactment 
of this ,act4  #d4 ,determination of    
budgetary effects ,the budgetary effects
 of this ,act1 for the purpose of       
complying with the ,statutory           
,pay-,as-,you-,go ,act of #bjaj1 shall  

be determined by reference to the latest
 statement titled ,budgetary ,effects of
 ,,paygo ,legislation for this ,act1    
submitted for printing in the           
,congressional ,record by the ,chairman 
of the ,house ,budget ,committee1       
provided that such statement has been   
submitted prior to the vote on passage4 
,passed the ,house of ,representatives  
,march #ab1 #bjai4;,clerk4