HR 5811
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 following
bill; which was referred to the Committee on Oversight and Government Reform
A BILL
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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Electronic Communications Preservation Act'.
SEC. 2. PRESERVATION OF ELECTRONIC COMMUNICATIONS.
(a) Requirement for Preservation of Electronic Communications-
(1) IN GENERAL- Chapter 31 of title 44, United States Code, is amended by
adding at the end the following new section:
`Sec. 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
agency preservation of electronic communications that are records. Such regulations
shall, at a minimum--
`(1) require the electronic capture, management, 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 applications
to be used by Federal agencies for purposes of complying with the requirements
in paragraphs (1) and (2); and
`(4) include timelines for agency compliance 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 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 promulgated 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 Regulations-
`(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 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 Representatives
a report on Federal agency compliance with the regulations promulgated under
this section.'.
(2) CLERICAL AMENDMENT- The table of sections for chapter 31 of title 44,
United States Code, is amended by adding after the item relating to section
3107 the following new item:
`3108. Electronic communications.'.
(b) Definition of Electronic Records Management 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 paragraph (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 locating records, identifying records
that are due for disposition, and storing, retrieving, and disposing of
records stored in a repository.'.
SEC. 3. PRESIDENTIAL RECORDS.
(a) Additional Regulations Relating to Presidential Records-
(1) IN GENERAL- Section 2206 of title 44, United States Code, is amended--
(A) by striking `and' at the end of paragraph (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 necessary for the economical
and efficient management of Presidential records during the President's
term of office, including--
`(A) records management controls necessary for the capture, management,
and preservation of electronic communications;
`(B) records management controls necessary to ensure that electronic communications
are readily accessible for retrieval through electronic searches; and
`(C) a software certification testing process 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).'.
(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:
`Sec. 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 sections 2203(a) and 2206(5) of this title.
`(b) 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 Government Reform of the House of Representatives on the
status of the certification.'.
(2) CLERICAL AMENDMENT- The table of sections 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 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 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 enactment of this Act.
END
