[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1387 Referred in Senate (RFS)]

111th CONGRESS
  2d Session
                                H. R. 1387


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 2010

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 software designed to manage electronic records, 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) ensuring 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 electronic 
        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 electronic 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 electronic Presidential 
        records deposited into that President's Presidential archival 
        depository; and
            ``(B) whether the electronic 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 apply to all 
National Archives and Records Administration facilities authorized to 
store classified records and include the following prohibitions:
            (1) No person, other than covered personnel, shall view 
        classified records in any room that is not secure except in the 
        presence of National Archives and Records Administration 
        personnel or under video surveillance.
            (2) No person, other than covered personnel, shall at any 
        time be left alone with classified records, unless that person 
        is under video surveillance.
            (3) No person, other than covered personnel, shall conduct 
        any review of classified records while in the possession of any 
        cell phone or other personal communication device.
            (4) All persons seeking access to review 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 other 
        than covered personnel during the course of a review of 
        classified records shall be retained by the National Archives 
        and Records Administration in a secure facility until such 
        notes and other writings are determined to be unclassified, are 
        declassified, or are securely transferred to another secure 
        facility.
    (b) Definitions.--In this section:
            (1) The term ``records'' has the meaning provided in 
        section 3301 of title 44, United States Code.
            (2) The term ``covered personnel'' means any individual--
                    (A) who has an appropriate and necessary reason for 
                accessing classified records, as determined by the 
                Archivist; and
                    (B) who is either--
                            (i) an officer or employee of the Federal 
                        Government with appropriate security 
                        clearances; or
                            (ii) any personnel with appropriate 
                        security clearances of a Federal contractor 
                        authorized in writing to act for purposes of 
                        this section by an officer or employee of the 
                        Federal Government.

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) of this title if that individual has been convicted of a crime 
relating to the review, retention, removal, or destruction of records 
of the Archives.''.

SEC. 6. BUDGETARY EFFECTS OF PAYGO LEGISLATION FOR THIS ACT.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives March 17, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.