[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5811 Introduced in House (IH)]







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.
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