[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.

                          ____________________