Congressional Record, Volume 165 Issue 44 (Tuesday, March 12, 2019)

[Congressional Record Volume 165, Number 44 (Tuesday, March 12, 2019)]
[House]
[Pages H2665-H2667]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

ELECTRONIC MESSAGE PRESERVATION ACT

Ms. NORTON. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 1582) 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.

[[Page H2666]]

The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 1582

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 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 1 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 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 Reform of the House of Representatives on the
status of the certification.''.
(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 1
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 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 1 year after the date of the enactment of
this Act.

SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.

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.

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
the District of Columbia (Ms. Norton) and the gentleman from North
Carolina (Mr. Meadows) each will control 20 minutes.
The Chair recognizes the gentlewoman from the District of Columbia.

General Leave

Ms. NORTON. Madam 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 this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from the District of Columbia?
There was no objection.
Ms. NORTON. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of the Electronic Message
Preservation Act. This bill would update the Federal Records Act and
the Presidential Records Act to ensure that agencies save records
created through electronic messages, including emails. This bill would
require the Archivist of the United States to issue regulations

[[Page H2667]]

mandating that all Federal agencies manage and preserve their email
records electronically.
Agencies are already supposed to be saving emails electronically. In
2012, the Archivist and the Director of the Office of Management and
Budget issued a directive that required agencies to do so. This bill
would help ensure that email records from Federal agencies and the
White House are all preserved.
According to a September 2018 report from the National Archives and
Records Administration, approximately 35 percent of agencies continue
to print and file hard copies of email messages. This means that these
records are more likely to get lost, and they are harder for the agency
to retrieve during records 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 2012. Agencies are required, under
the directive, to save all permanent electronic records electronically
by the end of 2019. Putting this requirement to save email records
electronically into statute would show agencies to take this issue
seriously.
This bill would also require the Archivist to establish standards for
the preservation and management of Presidential email records and to
certify, annually, that the White House has records management controls
in place that meet those standards. The Archivist would be required,
under this legislation, to report 1 year after the President leaves
office on whether the controls used by the President met the required
standards.
This bill has been introduced and passed by the House under multiple
administrations. This is not a partisan bill for sure. It is a good
government bill.
Madam Speaker, I urge all Members to support this bill, and I reserve
the balance of my time.
Mr. MEADOWS. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise today in support of H.R. 1582, the Electronic
Message Preservation Act.
The American people, Madam Speaker, as you know, have the right to
know what is going on in their government. Preservation of Federal
records is essential to that right. The Federal Government must
preserve Federal records, regardless of the form or technology used to
create those records in order to remain accountable to the American
people.
Over the last two decades, technology has advanced. Electronic
communication has permeated all parts of the Federal Government. The
Electronic Message Preservation Act requires the Federal Government to
preserve those electronic records in electronic format. It just makes
sense.
For decades, many Federal agencies have used what we call the print-
to-file method of electronic record preservation. That is right;
Federal employees were actually encouraged to print out emails to
archive the paper copies instead of just archiving them electronically.
Paper-based records, as you know, Madam Speaker, really are
inefficient, prone to record loss, and difficult to manage. A poorly
managed, paper-based system can also increase the costs of
recordkeeping for the Federal Government and the American taxpayers.
The Office of Management and Budget and my good friends over at the
National Archives, under the leadership of David Ferriero, have been
working to modernize Federal recordkeeping. They issued a joint
directive that requires agencies to preserve emails and other
electronic records in electronic format. Under that directive, all
Federal agencies should be preserving electronic records in an
electronic format by the end of this year.
This bill, Madam Speaker, just codifies that requirement in a joint
directive and expands the scope of the electronic message preservations
to include the Presidential records, as my colleague opposite has
already noted.
The bill also requires agencies to report on compliance with the
electronic record preservation requirements, which will allow Congress
to understand the progress towards these goals.
Madam Speaker, I would like to thank Chairman Cummings for working on
this important issue. I encourage all of my colleagues to support this
bipartisan legislation, and I reserve the balance of my time.
Ms. NORTON. Madam Speaker, I yield myself such time as I may consume.
If anything, I am surprised, perhaps shocked, that we have had to put
the matter of electronic recordkeeping into statutory form to make sure
it has happened.
We are deep into the electronic era, and perhaps, when you put a
matter into statutory form, it finally is a matter of law and it gets
people's attention. I certainly hope so.
Madam Speaker, I am prepared to yield back unless the gentleman has
something more to say.
I reserve the balance of my time.
Mr. MEADOWS. Madam Speaker, I want to thank the gentlewoman for her
deliberative process and the way that she has managed that. I thank
her.
I think this is one of the rare moments where you have true
bipartisan support on something that is just common sense. We need to
be doing that.
Madam Speaker, I yield back the balance of my time.
Ms. NORTON. Madam Speaker, I yield back the balance of my time.
Mr. CUMMINGS. Madam Speaker, I rise in support of the Electronic
Message Preservation Act. 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 a September 2018 report from the National Archives and
Records Administration, approximately 35 percent of agencies continue
to print and file hard copies of email messages.
This means that these records are more likely to get lost and that
they are harder for the agency to retrieve during records 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 2012.
In 2016, the National Archives issued a document for agency records
officers titled, ``Why Agencies Need to Move Towards Electronic
Recordkeeping.'' The National Archives 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 would also 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 one year after the
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 passed the House with bipartisan support several times
before, including last Congress. I urge my colleagues to support the
bill again today and I hope the Senate will act on the bill and send it
to the President's desk before the end of the year.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from the District of Columbia (Ms. Norton) that the House
suspend the rules and pass the bill, H.R. 1582.
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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