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H.R. 5811 110th Congress House

Electronic Message Preservation Act

Official title: To amend title 44, United States Code, to require preservation of certain electronic records by Federal agencies, to require a certification and reports relati… Show full official titleShow less

Official title: 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.

Introduced: April 15, 2008 See on congress.gov
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Congressional reporting requirementsElectronic government informationElectronic mail systemsGovernment paperworkLawNational Archives and Records AdministrationPresidential recordsScience, Technology, Communications
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This bill died when the 110th Congress ended
It never became law before the 110th Congress (2007–2008) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 21 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jul 10, 2008
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Jul 9, 2008
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H6303)
Jul 9, 2008
Motion to reconsider laid on the table Agreed to without objection.
Jul 9, 2008
On passage Passed by the Yeas and Nays: 286 - 137 (Roll no. 477).
Jul 9, 2008
On motion to recommit with instructions Agreed to by the Yeas and Nays: 419 - 1, 2 Present (Roll no. 476). (consideration: CR H6303-6304)
Jul 9, 2008
DEBATE - The House proceeded with 10 minutes of debate on the Tom Davis motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House with an amendment to prevent unauthorized removal of classified records from National Archives.
Jul 9, 2008
Mr. Davis, Tom moved to recommit with instructions to Oversight and Government. (consideration: CR H6302-6303; text: CR H6302)
Jul 9, 2008
The previous question was ordered pursuant to the rule. (consideration: CR H6302)
Jul 9, 2008
DEBATE - The House proceeded with one hour of debate on H.R. 5811.
Jul 9, 2008
Rule provides for consideration of H.R. 5811 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on Oversight and Government Reform now printed in the bill shall be considered as adopted.
Jul 9, 2008
Considered under the provisions of rule H. Res. 1318. (consideration: CR H6294-6305; text of measure as reported in House: CR H6294-6295; text of measure as reported in House: CR H6295-6296)
Jul 9, 2008
Rule H. Res. 1318 passed House.
Jul 8, 2008
Rules Committee Resolution H. Res. 1318 Reported to House. Rule provides for consideration of H.R. 5811 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on Oversight and Government Reform now printed in the bill shall be considered as adopted.
Jun 11, 2008
Placed on the Union Calendar, Calendar No. 450.
Jun 11, 2008
Reported (Amended) by the Committee on Oversight and Government. H. Rept. 110-709.
May 1, 2008
Ordered to be Reported (Amended) by Voice Vote.
May 1, 2008
Subcommittee on Information Policy, Census, and National Archives Discharged.
May 1, 2008
Committee Consideration and Mark-up Session Held.
Apr 16, 2008
Referred for a period ending not later than April 16, 2008, (or for a later time if the Chairman so designates) to the Subcommittee on Information Policy, Census, and National Archives.
Apr 15, 2008
Referred to the House Committee on Oversight and Government Reform.
Apr 15, 2008
Introduced in House
 Votes taken on this bill 2
DateChamberWhat was voted onResultYes–No
Jul 9, 2008 House · vote #477 On Passage Passed 286–137 See who voted →
Jul 9, 2008 House · vote #476 On Motion to Recommit with Instructions Passed 419–1 See who voted →
 Amendments to this bill 2

Amendments propose changes to this bill. Members vote on amendments separately before the final bill vote. An agreed amendment becomes part of the bill; a failed amendment does not.

1 agreed to 1 with no recorded outcome

AmendmentSponsorPurposeStatusLatest action
HAMDT 1,108 – An amendment offered pursuant to the instructions contained in the Tom Davis (VA) motion to recommit. Agreed to Jul 9, 2008
HAMDT 1,107 – Amendment in the nature of a substitute. No recorded outcome –
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 Latest action July 10, 2008

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

 Plain-English summary Congressional Research Service

Electronic Message Preservation Act - Requires the Archivist of the United States to promulgate regulations governing federal agency preservation of electronic messages that are federal records and to periodically review and amend, as necessary, such regulations. Requires such regulations to: (1) require the electronic capture, management, and preservation of such electronic records in accordance with the Federal Records Act; (2) require such records to be retrievable through electronic searches; (3) establish mandatory minimum functional requirements for electronic records management systems and a process to certify federal agency compliance with such requirements; (4) include timelines for federal agency compliance; and (5) include requirements for the capture, management, and preservation of other electronic records.

Requires the head of each federal agency to report to the Archivist on the agency's compliance with the Archivist's regulations. Requires the Archivist to report to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs on federal agency compliance.

Requires the Archivist to: (1) establish standards for the management of presidential records during a President's term of office, including records management controls necessary for the capture, management, and preservation of electronic messages and for ensuring that electronic messages are readily accessible for retrieval through electronic searches; (2) certify annually whether records management controls established by a President meet the requirements of the Presidential Records Act; and (3) report annually to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs on the status of such certification.

Requires the Archivist to report to Congress one year after the conclusion of a President's term of office on: (1) the volume and format of presidential records deposited into the archival depository; and (2) whether records management controls of a President meet the requirements of this Act and the Presidential Records Act.

Requires the Archivist to prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration or the destruction or damage of such records.

Prohibits the Archivist from providing access to original presidential records to individuals who have been convicted of a crime relating to the review, retention, removal, or destruction of records of the National Archives.

 Related & companion bills 1
  • HRES 1318 Procedurally related Providing for consideration of the bill (H.R. 5811) to amend title 44, United States Code, to require preservation of c…
 Bill text 4 versions

Source documents hosted by congress.gov.

 Committees of jurisdiction 3
Cite this page click to expand
APA
U.S. Congress. (2026). H.R. 5811: Electronic Message Preservation Act. 110th Congress. Open America. https://openamerica.io/bill/110-HR-5811/
MLA
"H.R. 5811: Electronic Message Preservation Act." 110th Congress, 2026, Open America, https://openamerica.io/bill/110-HR-5811/.
Bluebook (legal)
H.R. 5811, 110th Cong. (2026), https://openamerica.io/bill/110-HR-5811/.
Markdown link
[H.R. 5811: Electronic Message Preservation Act](https://openamerica.io/bill/110-HR-5811/)
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