Electronic Message Preservation Act - (Sec. 2) 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 agency and Archivist reports on agency compliance with such regulations.
(Sec. 3) Requires the Archivist to: (1) establish standards for the management of electronic 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 electronic records management controls established by a President meet the requirements of the Presidential Records Act; and (3) report annually to specified congressional committees on the status of such certification.
Requires the Archivist to report to Congress on: (1) the volume and format of electronic presidential records deposited into the archival depository; and (2) whether the electronic records management controls of a President meet the requirements of this Act and the Presidential Records Act.
(Sec. 4) Directs the Archivist to prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration (NARA) or the destruction or damage of such records, including when such records are accessed electronically. Requires such procedures to: (1) apply to all NARA facilities authorized to store classified records; (2) prohibit any person, other than covered personnel, from viewing classified records in any room that is not secure, except in the presence of NARA personnel or under video surveillance, from being left alone with classified records unless under video surveillance, or from conducting any review of classified records while in the possession of any personal communication device; (3) require all persons seeking access to classified records to consent to a search of their belongings upon conclusion of their records review; and (4) require all writings prepared by persons, other than covered personnel, during the course of a review of classified records to be retained by NARA in a secure facility until such writings are determined to be unclassified, are declassified, or are securely transferred to another secure facility.
Defines "covered personnel" to mean any individual who: (1) has an appropriate and necessary reason for accessing classified records, as determined by the Archivist; and (2) is either an officer or employee of the federal government with appropriate security clearances or a person with appropriate security clearances of a federal contractor authorized in writing to act for purposes of this section by a federal officer or employee.
(Sec. 5) Prohibits the Archivist from making available any original presidential records to anyone claiming access to any such record as a designated representative of a former President if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of records of the Archives.
(Sec. 6) Requires the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, to be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" submitted for this Act.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 1387 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1387
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
March 9, 2009
Mr. Hodes (for himself, Mr. Towns, and Mr. Clay) 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 Message Preservation
Act''.
SEC. 2. PRESERVATION OF ELECTRONIC MESSAGES.
(a) Requirement for Preservation of Electronic Messages.--
(1) In general.--Chapter 29 of title 44, United States
Code, is amended by adding at the end the following new
section:
``Sec. 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 accordance 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 systems to ensure compliance
with the requirements in paragraphs (1) and (2);
``(4) establish a process to certify that Federal agencies'
electronic records management systems meet the functional
requirements established under paragraph (3); and
``(5) 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
29 of title 44, United States Code, is amended by adding after
the item relating to section 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 paragraph (15) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(16) the term `electronic messages' means electronic mail
and other electronic messaging systems 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 Presidential Records.--
(1) In general.--Section 2206 of title 44, United States
Code, is amended--
(A) by striking ``and'' at the end of paragraph
(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 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
messages;
``(B) records management controls necessary to
ensure that electronic messages are readily accessible
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.--
(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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Oversight and Government. H. Rept. 111-406.
Reported (Amended) by the Committee on Oversight and Government. H. Rept. 111-406.
Placed on the Union Calendar, Calendar No. 237.
Mr. Clay moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H1540-1542)
DEBATE - The House proceeded with forty minutes of debate on H.R. 1387.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H1540-1541)
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On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1540-1541)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.