[Congressional Record Volume 164, Number 119 (Monday, July 16, 2018)]
[House]
[Pages H6199-H6200]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ELECTRONIC MESSAGE PRESERVATION ACT OF 2017
Mr. WALKER. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1376) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1376
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 of 2017''.
SEC. 2. PRESERVATION OF ELECTRONIC MESSAGES AND OTHER
RECORDS.
(a) Requirement for Preservation of Electronic Messages.--
Chapter 29 of title 44, United States Code, is amended by
adding at the end the following new section:
``Sec. 2912. Preservation of electronic messages and other
records
``(a) Regulations Required.--The Archivist shall promulgate
regulations governing Federal agency preservation of
electronic messages that are determined to be 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;
``(2) require that such electronic records are readily
accessible for retrieval through electronic searches; and
``(3) include timelines for Federal agency implementation
of the regulations that ensure compliance as expeditiously as
practicable.
``(b) Ensuring Compliance.--The Archivist shall promulgate
regulations that--
``(1) establish mandatory minimum functional requirements
for electronic records management systems to ensure
compliance with the requirements in paragraphs (1) and (2) of
subsection (a); and
``(2) establish a process to ensure that the electronic
records management system of each Federal agency meets the
functional requirements established under paragraph (1).
``(c) Coverage of Other Electronic Records.--To the extent
practicable, the regulations promulgated under subsections
(a) and (b) shall also include requirements for the capture,
management, and preservation of other electronic records.
``(d) Compliance by Federal Agencies.--Each Federal agency
shall comply with the regulations promulgated under
subsections (a) and (b).
``(e) Review of Regulations Required.--The Archivist shall
periodically review and, as necessary, amend the regulations
promulgated under subsections (a) and (b).''.
(b) Deadline for Regulations.--
(1) Preservation of electronic messages.--Not later than
120 days after the date of the enactment of this Act, the
Archivist shall promulgate the regulations required under
section 2912(a) of title 44, United States Code, as added by
subsection (a).
(2) Ensuring compliance.--Not later than 2 years after the
date of the enactment of this Act, the Archivist shall
promulgate the regulations required under section 2912(b) of
title 44, United States Code, as added by subsection (a).
(c) Reports on Implementation of Regulations.--
(1) Agency report to archivist.--Not later than one year
after the date of the enactment of this Act, the head of each
Federal agency shall submit to the Archivist a report on the
agency's compliance with the regulations promulgated under
section 2912 of title 44, United States Code, as added by
subsection (a), and shall make the report publicly available
on the website of the agency.
(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 section 2912(a) of title
44, United States Code, as added by subsection (a), and shall
make the report publicly available on the website of the
agency.
(3) Federal agency defined.--In this subsection, the term
``Federal agency'' has the meaning given that term in section
2901 of title 44, United States Code.
(d) Clerical Amendment.--The table of sections at the
beginning of chapter 29 of title 44, United States Code, is
amended by adding after the item relating to section 2911 the
following new item:
``2912. Preservation of electronic messages and other records.''.
(e) Definitions.--Section 2901 of title 44, United States
Code, is amended--
(1) by striking ``and'' at the end of paragraph (14); and
(2) by striking paragraph (15) and inserting the following
new paragraphs:
``(15) the term `electronic messages' means electronic mail
and other electronic messaging systems that are used for
purposes of communicating between individuals; and
``(16) 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 ensure 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) Definitions.--Section 2201 of title 44, United States
Code, is amended by adding at the end the following new
paragraphs:
``(6) The term `electronic messages' has the meaning given
that term under section 2901(15).
``(7) The term `electronic records management system' has
the meaning given that term under section 2901(16).''.
(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. 2210. 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).
``(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.''.
[[Page H6200]]
(2) Clerical amendment.--The table of sections at the
beginning of chapter 22 of title 44, United States Code, is
amended by adding at the end the following new item:
``2210. Certification of the President's management of Presidential
records.''.
(c) Report to Congress.--Section 2203(g) of title 44,
United States Code, is amended by adding at the end the
following new paragraph:
``(5) 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).''.
(d) Effective Date.--The amendments made by this section
shall take effect one year after the date of the enactment of
this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
North Carolina (Mr. Walker) and the gentleman from Maryland (Mr.
Cummings) each will control 20 minutes.
The Chair recognizes the gentleman from North Carolina.
General Leave
Mr. WALKER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from North Carolina?
There was no objection.
Mr. WALKER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 1376, the Electronic Message
Preservation Act of 2017, introduced by the gentleman from Maryland
(Mr. Cummings), the ranking member of the Committee on Oversight and
Government Reform. The Electronic Message Preservation Act of 2017 will
ensure the Federal Government continues to take the necessary steps to
modernize its recordkeeping.
Despite the significant shift to electronic communications over the
last two decades, many Federal agencies are just now moving away from a
print-to-file method of electronic record preservation. Using paper to
preserve electronic records is inefficient, difficult to manage,
difficult to search, and risks loss of the records. Paper-based systems
can also increase the cost to the taxpayer.
At the end of 2016, the Office of Management and Budget began
requiring agencies to preserve records electronically if they were
created electronically. This bill codifies that requirement. This bill
ensures agencies will continue to electronically manage their records,
where possible, and closes gaps in current law.
H.R. 1376 also requires electronic Presidential records be held to
the same archival standards as those of executive agencies.
I would like to thank the gentleman from Maryland for his work on
this important issue this Congress and in the previous Congress.
I encourage my colleagues to support the bill, and I reserve the
balance of my time.
Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of the Electronic Message Preservation
Act of 2017, and I want to thank Mr. Gowdy, our chairman, for getting
this bill to the floor as he has today.
I introduced this bill with the goal of modernizing the Federal and
Presidential Records Acts. This bill would require the Archivist of the
United States to issue regulations mandating that all Federal agencies
manage and preserve their email records electronically. This bill would
help ensure that email records from Federal agencies and the White
House are preserved.
According to an October 2017 report from the National Archives and
Records Administration, approximately 46 percent of agencies continue
to print and file paper copies of email messages. These records are
more likely to get lost and are harder for agencies to retrieve during
record searches under the Freedom of Information Act.
This bill would put into statute what agencies are already required
to do under a directive issued by the Archivist and the Director of the
Office of Management and Budget.
In 2016, the National Archives issued a document for agency records
officers titled: ``Why Agencies Need to Move Toward Electronic
Recordkeeping.'' The document identified a number of reasons, including
long-term cost savings, information security, and more efficient and
effective implementation of the Freedom of Information Act.
This bill also would require the Archivist to establish standards for
the preservation and management of email records that are Presidential
records and to certify annually that the White House has records
management controls in place that meet those standards.
Under this bill, the Archivist must report 1 year after a President
leaves office on whether the controls used by the President met the
required standards. This legislation would provide accountability to
encourage every President to have the controls in place that are
necessary to preserve emails and other electronic records.
This bill has been passed by the House with bipartisan support
several times before. I urge my colleagues to support the bill again
today, and I hope that the Senate will act on the bill and send it to
the President's desk before the end of the year.
Mr. Speaker, I think the gentleman from North Carolina and I have
laid out very nicely exactly and eloquently what this bill is all
about. It is very important that we modernize all of our systems in the
Federal Government, and recordkeeping is so important.
We see it, particularly in our committee, the Oversight and
Government Reform Committee, because we are constantly trying to get
records and requesting records and occasionally subpoenaing records. So
this is a way, I believe, to make that whole process more effective,
efficient, and transparent.
Mr. Speaker, I yield back the balance of my time.
Mr. WALKER. Mr. Speaker, I urge adoption of the bill, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from North Carolina (Mr. Walker) that the House suspend the
rules and pass the bill, H.R. 1376.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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