Should Records of Electronic Messages Sent by Federal Officials be Digitally Preserved and Searchable? (H.R. 1376)
Do you support or oppose this bill?
What is H.R. 1376?
(Updated October 12, 2018)
This bill ― the Electronic Message Preservation Act― would require the Archivist of the United States to create regulations governing federal agency preservation of electronic messages that are federal records and to periodically review and amend those rules, as necessary. It’d direct the National Archives and Records Administration (NARA) to issue regulations governing the preservation of email and other electronic records in an electronically searchable format. NARA would have 120 days to promulgate regulations and agencies would have two years to comply. The bill also would amend the Presidential Records Act to authorize NARA to manage the President’s electronic records.
Argument in favor
All electronic messages sent by federal officials should be preserved digitally, and related regulations should be updated to account for changing technology.
Argument opposed
While open records are important for accountability purposes, preserving all electronic messages sent by federal officials will prove too costly.
Impact
Whistleblowers; the federal government National Archives and Records Administration.
Cost of H.R. 1376
The CBO estimates that enacting this bill wouldn’t increase net direct spending or on-budget deficits.
Additional Info
In-Depth: The bill was introduced in March of last year by Rep. Elijah Cummings (D-MD) who also introduced this bill in 2013, 2015 and 2017. It comes at a time of controversy in which White House staffers in the Trump administration are said to be using an app that deletes messages immediately after being read.
This legislation passed the House Oversight and Government Reform Committee on a voice vote.
Of Note: Under the Federal Records Act, each agency is required to make and preserve records of its activities and to have appropriate systems to manage and preserve those records. That act also requires NARA to oversee and issue guidance on managing federal records, including email messages. In 2012, the Office of Management and Budget issued Managing Government Records Directive (M-12-18), which required federal agencies to manage all email records in an electronic format by 2016. Although current NARA regulations require that government email messages be stored electronically, NARA allows agencies to print and file paper copies instead.
Media:
-
CBO Estimate
-
FCW
-
Fedscoop (Context)
Summary by Lucas McConnell
(Photo Credit: Aurielaki/ iStock)The Latest
-
IT: Here's how you can help fight for justice in the U.S., and... 📱 Are you concerned about your tech listening to you?Welcome to Thursday, April 18th, communities... Despite being deep into the 21st century, inequity and injustice burden the U.S. read more...
-
Restore Freedom and Fight for Justice With GravvyDespite being deep into the 21st century, inequity and injustice burden the U.S., manifesting itself in a multitude of ways. read more... Criminal Justice Reform
-
Myth or Reality: Is Our Tech Listening?What's the story? As technology has become more advanced, accessible, and personalized, many have noticed increasingly targeted read more... Artificial Intelligence
-
IT: 🧊 Scientists say Antarctic ice melt is inevitable, and... Do you think Trump is guilty?Welcome to Tuesday, April 16th, members... Scientists say Antarctic ice melt is inevitable, implying "dire" climate change read more...