HR 5811 EHRFSCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Electronic Message Preservation Act’.CommentsClose CommentsPermalink

SEC. 2. PRESERVATION OF ELECTRONIC MESSAGES.

(a) Requirement for Preservation of Electronic Messages-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 29 of title 44, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘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--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(2) require that such electronic records are readily accessible for retrieval through electronic searches;CommentsClose CommentsPermalink





‘(3) establish mandatory minimum functional requirements for electronic records management systems to ensure compliance with the requirements in paragraphs (1) and (2);CommentsClose CommentsPermalink





‘(4) establish a process to certify that Federal agencies’ electronic records management systems meet the functional requirements established under paragraph (3); andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(c) Compliance by Federal Agencies- Each Federal agency shall comply with the regulations promulgated under subsection (a).CommentsClose CommentsPermalink





‘(d) Review of Regulations Required- The Archivist shall periodically review and, as necessary, amend the regulations promulgated under this section.CommentsClose CommentsPermalink





‘(e) Reports on Implementation of Regulations-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘2911. Electronic messages.’.CommentsClose CommentsPermalink





(b) Definitions- Section 2901 of title 44, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of paragraph (14);CommentsClose CommentsPermalink





(2) by striking the period at the end of paragraph (15) and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





‘(16) the term ‘electronic messages’ means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals; andCommentsClose CommentsPermalink





‘(17) the term ‘electronic records management system’ means a software system designed to manage electronic records within an information technology system, including by--CommentsClose CommentsPermalink





‘(A) categorizing and locating records;CommentsClose CommentsPermalink





‘(B) ensuring that records are retained as long as necessary;CommentsClose CommentsPermalink





‘(C) identifying records that are due for disposition; andCommentsClose CommentsPermalink





‘(D) the storage, retrieval, and disposition of records.’.CommentsClose CommentsPermalink

SEC. 3. PRESIDENTIAL RECORDS.

(a) Additional Regulations Relating to Presidential Records-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 2206 of title 44, United States Code, is amended--CommentsClose CommentsPermalink





(A) by striking ‘and’ at the end of paragraph (3);CommentsClose CommentsPermalink





(B) by striking the period at the end of paragraph (4) and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(5) provisions for establishing standards necessary for the economical and efficient management of Presidential records during the President’s term of office, including--CommentsClose CommentsPermalink





‘(A) records management controls necessary for the capture, management, and preservation of electronic messages;CommentsClose CommentsPermalink





‘(B) records management controls necessary to ensure that electronic messages are readily accessible for retrieval through electronic searches; andCommentsClose CommentsPermalink





‘(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).’.CommentsClose CommentsPermalink





(2) DEFINITION- Section 2201 of title 44, United States Code, is amended by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





‘(5) The term ‘electronic messages’ has the meaning provided in section 2901(16) of this title.CommentsClose CommentsPermalink





‘(6) The term ‘electronic records management system’ has the meaning provided in section 2901(17) of this title.’.CommentsClose CommentsPermalink





(b) Certification of President’s Management of Presidential Records-CommentsClose CommentsPermalink





(1) CERTIFICATION REQUIRED- Chapter 22 of title 44, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘2208. Certification of the President’s management of Presidential records.’.CommentsClose CommentsPermalink





(c) Report to Congress- Section 2203(f) of title 44, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) the volume and format of Presidential records deposited into that President’s Presidential archival depository; andCommentsClose CommentsPermalink





‘(B) whether the records management controls of that President met the requirements under sections 2203(a) and 2206(5) of this title.’.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall take effect one year after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 4. PROCEDURES TO PREVENT UNAUTHORIZED REMOVAL OF CLASSIFIED RECORDS FROM NATIONAL ARCHIVES.

(a) In General- The Archivist of the United States shall 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, including when such records are accessed or searched electronically. The procedures shall include the following prohibitions:CommentsClose CommentsPermalink





(1) No person, other than personnel of the National Archives and Records Administration (in this section hereafter referred to as ‘NARA personnel’), shall view classified records in any room that is not secure except in the presence of NARA personnel or under video surveillance.CommentsClose CommentsPermalink





(2) No person, other than NARA personnel, shall at any time be left alone with classified records, unless that person is under video surveillance.CommentsClose CommentsPermalink





(3) No person, other than NARA personnel, shall conduct any review of documents while in the possession of any cell phone or other personal communication device.CommentsClose CommentsPermalink





(4) All persons seeking access to classified records, as a precondition to such access, must consent to a search of their belongings upon conclusion of their records review.CommentsClose CommentsPermalink





(5) All notes and other writings prepared by persons during the course of a review of classified records shall be retained by the National Archives and Records Administration in a secure facility.CommentsClose CommentsPermalink





(b) Definition of Records- In this section, the term ‘records’ has the meaning provided in section 3301 of title 44, United States Code.CommentsClose CommentsPermalink

SEC. 5. RESTRICTIONS ON ACCESS TO PRESIDENTIAL RECORDS.

Section 2204 of title 44, United States Code (relating to restrictions on access to presidential records) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(f) The Archivist shall not make available any original presidential records to any individual claiming access to any presidential record as a designated representative under section 2205(3) if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of records of the Archives.’.CommentsClose CommentsPermalink

Passed the House of Representatives July 9, 2008.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.