I 
110TH CONGRESS 
2D SESSION 
H. R. 5811 
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 
APRIL 15, 2008 
Mr. WAXMAN (for himself, Mr. CLAY, and Mr. HODES) introduced the fol-
lowing bill; which was referred to the Committee on Oversight and Gov-
ernment 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 Communica-
tions Preservation Act’’. 
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SEC. 2. PRESERVATION OF ELECTRONIC COMMUNICA-
TIONS. 
(a) REQUIREMENT FOR PRESERVATION OF ELEC-
TRONIC COMMUNICATIONS.— 
(1) IN
GENERAL.—Chapter 31 of title 44, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 3108. Electronic communications 
‘‘(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 communications that are 
records. Such regulations shall, at a minimum— 
‘‘(1) require the electronic capture, manage-
ment, and preservation of such electronic records; 
‘‘(2) require that such electronic records are 
readily accessible for retrieval through electronic 
searches; 
‘‘(3) establish mandatory minimum functional 
requirements and a software certification testing 
process to certify electronic records management ap-
plications to be used by Federal agencies for pur-
poses of complying with the requirements in para-
graphs (1) and (2); and 
‘‘(4) include timelines for agency compliance 
with the regulations that ensure compliance as expe-
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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-
quired by paragraph (1), the Archivist shall submit 
to the Committee on Homeland Security and Gov-
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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 31 of title 44, United States Code, 
is amended by adding after the item relating to sec-
tion 3107 the following new item: 
‘‘3108. Electronic communications.’’. 
(b) DEFINITION OF ELECTRONIC RECORDS MANAGE-
MENT APPLICATION.—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 ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(16) the term ‘electronic records management 
application’ means a software system designed to 
manage electronic records within an information 
technology system, including by categorizing and lo-
cating records, identifying records that are due for 
disposition, and storing, retrieving, and disposing of 
records stored in a repository.’’. 
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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 (4); 
(B) by striking the period at the end of 
paragraph (5) 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— 
‘‘(A) records management controls nec-
essary for the capture, management, and pres-
ervation of electronic communications; 
‘‘(B) records management controls nec-
essary to ensure that electronic communications 
are readily accessible for retrieval through elec-
tronic searches; and 
‘‘(C) a software certification testing proc-
ess to certify the electronic records management 
application to be used by the President for the 
purposes of complying with the requirements in 
subparagraphs (A) and (B).’’. 
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(2) DEFINITION.—Section 2201 of title 44, 
United States Code, is amended by adding at the 
end the following new paragraph: 
‘‘(6) The term ‘electronic records management 
application’ has the meaning provided in section 
2901(16) 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: 
‘‘§ 2208. Certification of the President’s management 
of Presidential records 
‘‘(a) ANNUAL CERTIFICATION.—The Archivist shall 
annually certify whether the records management controls 
established by the President meet requirements under sec-
tions 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, 
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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 
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 Presidential 
records deposited into that President’s Presidential 
archival depository; and 
‘‘(B) whether the records management controls 
of that President met the requirements under sec-
tions 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 
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