[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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