H.R. 1387, Electronic Message Preservation Act

3.0.0 1387 2023-01-11T13:16:29Z 2023-01-11T13:16:29Z House H HR 2009-03-09 111 ssga00 Homeland Security and Governmental Affairs Committee Senate Standing Referred to 2010-03-18T15:36:21Z hsgo00 Oversight and Accountability Committee House Standing Reported by 2010-01-27T22:14:51Z Markup by 2009-03-10T15:03:32Z Referred to 2009-03-09T16:32:48Z H. Rept. 111-406 2010-03-18 ssga00 Homeland Security and Governmental Affairs Committee Senate Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs. IntroReferral 2010-03-17 14:20:53 Motion to reconsider laid on the table Agreed to without objection. Floor H38310 2 House floor actions 2010-03-17 14:20:52 On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1540-1541) Floor H37300 2 House floor actions 2010-03-17 14:20:52 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) Floor 8000 9 Library of Congress 2010-03-17 14:11:31 DEBATE - The House proceeded with forty minutes of debate on H.R. 1387. Floor H8D000 2 House floor actions 2010-03-17 14:11:30 Considered under suspension of the rules. (consideration: CR H1540-1542) Floor H30000 2 House floor actions 2010-03-17 14:11:29 Mr. Clay moved to suspend the rules and pass the bill, as amended. Floor H30300 2 House floor actions 2010-01-27 Placed on the Union Calendar, Calendar No. 237. Calendars H12410 2 House floor actions U00237 2010-01-27 Reported (Amended) by the Committee on Oversight and Government. H. Rept. 111-406. Committee H12200 2 House floor actions hsgo00 Oversight and Accountability Committee 2010-01-27 Reported (Amended) by the Committee on Oversight and Government. H. Rept. 111-406. Committee 5000 9 Library of Congress hsgo00 Oversight and Accountability Committee 2009-03-10 hsgo00 Oversight and Accountability Committee 1 House committee actions Ordered to be Reported (Amended) by Voice Vote. Committee 2009-03-10 hsgo00 Oversight and Accountability Committee 1 House committee actions Committee Consideration and Mark-up Session Held. Committee 2009-03-09 Referred to the House Committee on Oversight and Government Reform. IntroReferral H11100 2 House floor actions hsgo00 Oversight and Accountability Committee 2009-03-09 Introduced in House IntroReferral Intro-H 9 Library of Congress 2009-03-09 Introduced in House IntroReferral 1000 9 Library of Congress H001043 Rep. Hodes, Paul W. [D-NH-2] Paul Hodes D NH W. 2 N T000326 Rep. Towns, Edolphus [D-NY-10] EDOLPHUS TOWNS D NY 10 2009-03-09 True C001049 Rep. Clay, Wm. Lacy [D-MO-1] WM. CLAY D MO LACY 1 2009-03-09 True 2009-03-13T04:00:00Z H.R. 1387, Electronic Message Preservation Act http://www.cbo.gov/publication/20508 Cost estimate for the bill as ordered reported by the House Committee on Oversight and Government Reform on March 10, 2009 2009-03-13T04:00:00Z H.R. 1387, Electronic Message Preservation Act https://www.cbo.gov/publication/20508 Cost estimate for the bill as ordered reported by the House Committee on Oversight and Government Reform on March 10, 2009 2010-03-15T04:00:00Z H.R. 1387, Electronic Message Preservation Act http://www.cbo.gov/publication/21317 Pay-as-you-go estimate for the bill as provided by the House Committe on the Budget on March 13, 2010 2010-03-15T04:00:00Z H.R. 1387, Electronic Message Preservation Act http://www.cbo.gov/publication/21382 Pay-as-you-go estimate for the bill as provided by the House Committee on the Budget on March 13, 2010 2010-03-15T04:00:00Z H.R. 1387, Electronic Message Preservation Act https://www.cbo.gov/publication/21317 Pay-as-you-go estimate for the bill as provided by the House Committe on the Budget on March 13, 2010 2010-03-15T04:00:00Z H.R. 1387, Electronic Message Preservation Act https://www.cbo.gov/publication/21382 Pay-as-you-go estimate for the bill as provided by the House Committee on the Budget on March 13, 2010 Government Operations and Politics Administrative law and regulatory procedures Congressional oversight Digital media Government information and archives National Archives and Records Administration Presidential administrations Government Operations and Politics

00 2009-03-09 Introduced in House 2009-03-25T20:46:33Z 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.

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17 2010-01-27 Reported to House with amendment(s) 2010-01-29T20:48:59Z 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.

(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.

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36 2010-03-17 Passed House amended 2010-04-16T20:37:59Z 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. 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.

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Electronic Message Preservation Act Display Title Electronic Message Preservation Act Short Titles as Introduced Electronic Message Preservation Act Short Titles as Reported to House Electronic Message Preservation Act H House Short Titles as Passed House Electronic Message Preservation Act H House Official Title as Introduced 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. Referred in Senate 2010-03-18T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111hr1387rfs/xml/BILLS-111hr1387rfs.xml Engrossed in House 2010-03-17T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111hr1387eh/xml/BILLS-111hr1387eh.xml Reported in House 2010-01-27T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111hr1387rh/xml/BILLS-111hr1387rh.xml Introduced in House 2009-03-09T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111hr1387ih/xml/BILLS-111hr1387ih.xml 2010-03-18 Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.