SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Electronic Message Pres-
ervation Act’’. 
SEC. 2. PRESERVATION OF ELECTRONIC MESSAGES. 
(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 fol-
lowing 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 agency 
preservation of electronic messages that are records. Such 
regulations shall, at a minimum— 
‘‘(1) require the electronic capture, management, 
and preservation of such electronic records in accord-
ance 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); 
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‘‘(4) establish a process to certify that Federal 
agencies’ electronic records management systems meet 
the functional requirements established under para-
graph (3); and 
‘‘(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 promulgated 
under subsection (a) shall also include requirements 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 Ar-
chivist 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 
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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 required 
by paragraph (1), 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 Representa-
tives a report on Federal agency compliance 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 para-
graphs: 
‘‘(16) the term ‘electronic messages’ means elec-
tronic mail and other electronic messaging systems 
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that are used for purposes of communicating between 
individuals; and 
‘‘(17) the term ‘electronic records management 
system’ means a software system designed to manage 
electronic records within an information technology 
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 
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Presidential records during the President’s term of of-
fice, including— 
‘‘(A) records management controls necessary 
for the capture, management, and preservation 
of electronic messages; 
‘‘(B) records management controls necessary 
to ensure that electronic messages are readily ac-
cessible for retrieval through electronic 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.— 
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(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 Rep-
resentatives on the status of the certification.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 22 of title 44, United States Code, 
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 President’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 
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Governmental Affairs of the Senate and the Committee on 
Oversight and Government Reform of the House of Rep-
resentatives 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 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 enact-
ment of this Act. 
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Union Calendar No. 450 
110TH CONGRESS 
2D SESSION 
H. R. 5811 
[Report No. 110–709] 
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 11, 2008 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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