Electronic Message Preservation Act

Bill: 110-hr-5811
Sponsor: Rep. Waxman, Henry A. [D-CA-30]
Introduced: 2008-04-15 in the House
Policy area: Government Operations and Politics
Subjects: Administrative procedure
Archives
Computer software
Congress
Congressional reporting requirements
Electronic government information
Electronic mail systems
Government paperwork
Law
National Archives and Records Administration
Presidential records
Science, Technology, Communications

Summary:
action_date: 2008-04-15
text: 
Electronic Communications Preservation Act - Requires: (1) the Archivist of the United States to promulgate regulations governing agency preservation of electronic communications that are records; (2) agencies to comply with such regulations and to report to the Archivist on their compliance; and (3) the Archivist to report to specified congressional committees on such compliance.

Requires the Archivist to promulgate regulations that include provisions for establishing standards necessary for the economical and efficient management of presidential records during a President's term of office.

Requires the Archivist to: (1) annually certify whether the records management controls established by the President meet this Act's requirements; and (2) report to specified congressional committees on the status of the certification.

Requires the Archivist, one year following the conclusion of a President's term or the conclusion of the last consecutive term, to report to specified congressional committees on: (1) the volume and format of records deposited into that President's archival depository; and (2) whether the records management controls of that President met this Act's requirements.

action_date: 2008-07-09
text: 
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.


Legislative actions:
action_date: 2008-07-10
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2008-07-09
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-07-09
text: On passage Passed by the Yeas and Nays: 286 - 137 (Roll no. 477).
action_date: 2008-07-09
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 286 - 137 (Roll no. 477).
action_date: 2008-07-09
text: On motion to recommit with instructions Agreed to by the Yeas and Nays: 419 - 1, 2 Present (Roll no. 476). (consideration: CR H6303-6304)
action_date: 2008-07-09
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H6303)
action_date: 2008-07-09
text: 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.
action_date: 2008-07-09
text: Mr. Davis, Tom moved to recommit with instructions to Oversight and Government. (consideration: CR H6302-6303; text: CR H6302)
action_date: 2008-07-09
text: The previous question was ordered pursuant to the rule. (consideration: CR H6302)
action_date: 2008-07-09
text: DEBATE - The House proceeded with one hour of debate on H.R. 5811.
action_date: 2008-07-09
text: 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.
action_date: 2008-07-09
text: 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)
action_date: 2008-07-09
text: Rule H. Res. 1318 passed House.
action_date: 2008-07-08
text: 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.
action_date: 2008-06-11
text: Placed on the Union Calendar, Calendar No. 450.
action_date: 2008-06-11
text: Reported (Amended) by the Committee on Oversight and Government. H. Rept. 110-709.
action_date: 2008-06-11
text: Reported (Amended) by the Committee on Oversight and Government. H. Rept. 110-709.
action_date: 2008-05-01
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2008-05-01
text: Subcommittee on Information Policy, Census, and National Archives Discharged.
action_date: 2008-05-01
text: Committee Consideration and Mark-up Session Held.
action_date: 2008-04-16
text: 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.
action_date: 2008-04-15
text: Referred to the House Committee on Oversight and Government Reform.
action_date: 2008-04-15
text: Introduced in House
action_date: 2008-04-15
text: Introduced in House