[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5811 Referred in Senate (RFS)]
2d Session
H. R. 5811
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 10 (legislative day, July 9), 2008
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
AN ACT
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.
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:
(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.
(2) No person, other than NARA personnel, shall at any time
be left alone with classified records, unless that person is
under video surveillance.
(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.
(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.
(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.
(b) Definition of Records.--In this section, the term ``records''
has the meaning provided in section 3301 of title 44, United States
Code.
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:
``(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.''.
Passed the House of Representatives July 9, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.