Electronic Message Preservation Act

Bill: 111-hr-1387
Sponsor: Rep. Hodes, Paul W. [D-NH-2]
Introduced: 2009-03-09 in the House
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Congressional oversight
Digital media
Government information and archives
National Archives and Records Administration
Presidential administrations

Summary:
action_date: 2009-03-09
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 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 specified congressional committees on the status of such certification. 
 
Requires the Archivist to report to Congress 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. 

action_date: 2010-01-27
text: 
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 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 specified congressional committees on the status of such certification. 
 
Requires the Archivist to report to Congress 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. 
 
(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) prohibit any person, other than NARA 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 documents while in the possession of any personal communication device; (2) require all persons seeking access to classified records to consent to a search of their belongings upon conclusion of their records review; and (3) require all writings prepared by persons during the course of a review of classified records to be retained by NARA in a secure facility.
 
(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.

action_date: 2010-03-17
text: 
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 &quot;covered personnel&quot; 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 &quot;Budgetary Effects of PAYGO Legislation&quot; submitted for this Act.


Legislative actions:
action_date: 2010-03-18
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2010-03-17
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2010-03-17
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1540-1541)
action_date: 2010-03-17
text: 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)
action_date: 2010-03-17
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 1387.
action_date: 2010-03-17
text: Considered under suspension of the rules. (consideration: CR H1540-1542)
action_date: 2010-03-17
text: Mr. Clay moved to suspend the rules and pass the bill, as amended.
action_date: 2010-01-27
text: Placed on the Union Calendar, Calendar No. 237.
action_date: 2010-01-27
text: Reported (Amended) by the Committee on Oversight and Government. H. Rept. 111-406.
action_date: 2010-01-27
text: Reported (Amended) by the Committee on Oversight and Government. H. Rept. 111-406.
action_date: 2009-03-10
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2009-03-10
text: Committee Consideration and Mark-up Session Held.
action_date: 2009-03-09
text: Referred to the House Committee on Oversight and Government Reform.
action_date: 2009-03-09
text: Introduced in House
action_date: 2009-03-09
text: Introduced in House