[Congressional Record Volume 160, Number 132 (Tuesday, September 16, 2014)]
[House]
[Pages H7594-H7598]
FEDERAL RECORDS ACCOUNTABILITY ACT OF 2014
Mr. MEADOWS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5170) to improve Federal employee compliance with the
Federal and Presidential recordkeeping requirements, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5170
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) In General.--This Act may be cited as the ``Federal
Records Accountability Act of 2014''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Removal for deliberate destruction of Federal records.
Sec. 3. Use of non-official electronic messaging accounts.
Sec. 4. Reporting of the loss or potential loss of records.
Sec. 5. Senior Agency Official for Records Compliance.
Sec. 6. Preservation of electronic messages and other records.
Sec. 7. Presidential records.
Sec. 8. Retention of electronic correspondence.
SEC. 2. REMOVAL FOR DELIBERATE DESTRUCTION OF FEDERAL
RECORDS.
(a) In General.--Chapter 75 of title 5, United States Code,
is amended by adding after subchapter V the following:
``SUBCHAPTER VI--FEDERAL RECORDS
``Sec. 7551. Definitions
``In this subchapter the following definitions apply:
``(1) Employee.--The term `employee' means--
``(A) an individual in the competitive service who is not
serving a probationary or trial period under an initial
appointment or who has completed 1 year of current continuous
employment in the same or similar positions under other than
a temporary appointment limited to 1 year or less; or
``(B) a career appointee in the Senior Executive Service
who--
``(i) has completed the probationary period prescribed
under section 3393(d) of this title; or
``(ii) was covered by the provisions of subchapter II of
this chapter immediately before appointment to the Senior
Executive Service.
``(2) Suspension.--The term `suspension' has the meaning
given that term in section 7501 of this title.
``Sec. 7552. Suspension and removal
``(a) Inspector General Finding.--If the Inspector General
of an agency determines an employee of the agency has
willfully and unlawfully concealed, removed, mutilated,
obliterated, falsified, or destroyed any record, proceeding,
map, book, document, paper, or other thing in the custody of
such employee, or verifies a violation under section 2208 or
2911 of title 44, the Inspector General shall promptly inform
the head of the agency of that determination in writing.
``(b) Suspension.--Notwithstanding any other provision of
law, the head of an agency shall suspend an employee of that
agency who has been determined by the Inspector General under
subsection (a) to have willfully and unlawfully concealed,
removed, mutilated, obliterated, falsified, or destroyed any
record, proceeding, map, book, document, paper, or other
thing in the custody of such employee, or who has been
verified by the Inspector General to be in violation of
section 2208 or 2911 of title 44.
``(c) Requirements After Suspension.--An employee suspended
under subsection (b) is entitled, after suspension and before
removal, to--
``(1) be represented by an attorney or other
representative;
``(2) a written statement of the charges against the
employee within 15 days after suspension, which may be
amended within 30 days thereafter;
``(3) an opportunity within 15 days after the receipt of
the written statement under paragraph (2), plus an additional
15 days if the charges are amended, to answer the charges and
submit affidavits;
``(4) a hearing, at the request of the employee, by an
agency authority duly constituted for this purpose;
``(5) a review of the employee's case by the head of the
agency or a designee, before a decision adverse to the
employee is made final; and
``(6) a written statement of the decision of the head of
the agency.
``(d) Removal.--Subject to subsection (c) of this section
and after any investigation and review the head of the agency
considers necessary, the head of an agency shall remove an
employee suspended under subsection (b) if such head
determines that the employee willfully and unlawfully
concealed, removed, mutilated, obliterated, falsified, or
destroyed any record, proceeding, map, book, document, paper,
or other thing in the custody of such employee.
``(e) Appeal.--An employee who is removed under subsection
(d) is entitled to appeal to the Merit Systems Protection
Board under section 7701 of this title.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter
75 of title 5, United States Code, is amended by adding at
the end the following new items:
``subchapter vi--federal records
``7551. Definitions.
``7552. Suspension and removal.''.
(2) Subchapter ii applicability.--Section 7512 of such
title is amended--
(A) in subparagraph (D), by striking ``or'' at the end;
(B) in subparagraph (E), by striking the period at the end
and inserting ``, or''; and
(C) by adding at the end the following:
``(F) a suspension or removal under section 7552 of this
title.''.
SEC. 3. USE OF NON-OFFICIAL ELECTRONIC MESSAGING ACCOUNTS.
(a) Presidential Records Act.--Chapter 22 of title 44,
United States Code is amended by adding at the end the
following new section:
[[Page H7595]]
``Sec. 2208. Disclosure requirement for official business
conducted using non-official electronic messaging accounts
``(a) In General.--The President, Vice President, or
covered employee may not create or send a Presidential or
Vice Presidential record using a non-official electronic
messaging account (in this section, referred to as
`applicable electronic message') unless the President, Vice
President, or covered employee--
``(1) includes an official electronic messaging account of
the President, Vice President, or covered employee, as
applicable, as a recipient in the original creation or
transmission of the applicable electronic message and
identifies all recipients of the applicable electronic
message in such message;
``(2) forwards a complete copy of the applicable electronic
message, including a complete list of the recipients of such
message, to an official electronic messaging account of the
President, Vice President, or covered employee, as
applicable, within fifteen days after the original creation
or transmission of the message; or
``(3) prints a complete copy of the applicable electronic
message, including a complete list of the recipients of such
message, and submits the message to the appropriate location
or individual for appropriate archival storage by the
Executive Office of the President within fifteen days after
the original creation or transmission of the message.
``(b) Adverse Actions.--An intentional violation of
subsection (a) (including any rules, regulations, or other
implementing guidelines) by a covered employee, as determined
by the appropriate supervisor, shall be forwarded to the
Inspector General of the agency for a verification of the
violation, and upon verification, shall be subject to the
suspension and removal provisions under section 7552 of title
5.
``(c) Definitions.--In this section:
``(1) Covered employee.--The term `covered employee'
means--
``(A) the immediate staff of the President;
``(B) the immediate staff of the Vice President;
``(C) an individual of the Executive Office of the
President whose function is to advise and assist the
President; or
``(D) an individual of the Office of the Vice President
whose function is to advise and assist the Vice President.
``(2) Electronic message.--The term `electronic message'
means electronic mail and all other means by which
individuals and groups may communicate with each other
electronically.
``(3) Electronic messaging account.--The term `electronic
messaging account' means any account that sends an electronic
message.''.
(b) Federal Records.--Chapter 29 of title 44, United States
Code is amended by adding at the end the following new
section:
``Sec. 2911. Disclosure requirement for official business
conducted using non-official electronic messaging accounts
``(a) In General.--An officer or employee of a Federal
agency may not create or send a record using a non-official
electronic messaging account (in this section, referred to as
`applicable electronic message') unless such officer or
employee--
``(1) includes an official electronic messaging account of
the officer or employee as a recipient in the original
creation or transmission of the applicable electronic message
and identifies all recipients of the applicable electronic
message in such message;
``(2) forwards a complete copy of the applicable electronic
message, including a complete list of the recipients of such
message, to an official electronic messaging account of the
officer or employee within fifteen days after the original
creation or transmission of the record; or
``(3) prints a complete copy of the applicable electronic
message, including a complete list of the recipients of such
message, and submits it to the appropriate location or
individual for appropriate archival storage by the Federal
agency within fifteen days after the original creation or
transmission of the message.
``(b) Adverse Actions.--An intentional violation of
subsection (a) (including any rules, regulations, or other
implementing guidelines) by an officer or employee of a
Federal agency, as determined by the appropriate supervisor,
shall be forwarded to the Inspector General of the agency for
a verification of the violation, and upon verification, shall
be subject to the suspension and removal provisions under
section 7552 of title 5.
``(c) Definitions.--In this section:
``(1) Electronic message.--The term `electronic message'
means electronic mail and all other means by which
individuals and groups may communicate with each other
electronically.
``(2) Electronic messaging account.--The term `electronic
messaging account' means any account that sends an electronic
message.''.
(c) Technical and Conforming Amendments.--
(1) Chapter 22.--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:
``2208. Disclosure requirement for official business conducted using
non-official electronic messaging accounts.''.
(2) Chapter 29.--The table of sections at the beginning of
chapter 29 of title 44, United States Code, is amended by
adding at the end the following new item:
``2911. Disclosure requirement for official business conducted using
non-official electronic messaging accounts.''.
SEC. 4. REPORTING OF THE LOSS OR POTENTIAL LOSS OF RECORDS.
Section 3106 of title 44, United States Code, is amended to
read as follows:
``Sec. 3106. Unlawful removal, destruction of records
``(a) Notification.--
``(1) Archivist and public notification.--Whenever the
actual, impending, or threatened unlawful concealment,
removal, mutilation, obliteration, falsification, or
destruction of any record, proceeding, map, book, document,
paper, or other thing in the custody of an agency comes to
the attention of the head of the Federal agency, the head of
the agency shall--
``(A) notify the Archivist; and
``(B) publish a general description of the records at risk
or that have been lost on the website of the agency.
``(2) Agency notification.--Whenever the actual, impending,
or threatened unlawful concealment, removal, mutilation,
obliteration, falsification, or destruction of any record,
proceeding, map, book, document, paper, or other thing in the
custody of an agency comes to the attention of a Senior
Agency Official for Records Management, such official shall
immediately notify the head of the agency.
``(b) Reclamation of Records.--With the assistance of the
Archivist, the head of a Federal agency shall initiate action
through the Attorney General for the recovery of records the
head knows or has reason to believe have been unlawfully
removed from the agency, or from another Federal agency whose
records have been transferred to the legal custody of such
head.
``(c) Action by the Archivist.--In any case in which the
head of the agency does not initiate an action for the
recovery of records described in subsection (b) or other
redress within a reasonable period of time after being
notified of any such unlawful removal, the Archivist shall
request the Attorney General to initiate an action described
in subsection (b), and shall notify the Congress not later
than 5 days after the date on which such a request has been
submitted to the Attorney General.''.
SEC. 5. SENIOR AGENCY OFFICIAL FOR RECORDS COMPLIANCE.
(a) Senior Agency Official.--Chapter 31 of title 44, United
States Code, is amended by adding at the end the following
new section:
``Sec. 3108. Senior Agency Official for Records Compliance
``(a) Designation.--Not later than November 15, 2014, the
head of each Federal agency shall designate a Senior Agency
Official for Records Management, and not later than November
15 of each year thereafter the head of each Federal agency
shall reaffirm or designate a new Senior Agency Official for
Records Management.
``(b) Authorities and Responsibilities.--The Senior Agency
Official for Records Management shall--
``(1) be at least at the level of an Assistant Secretary or
the equivalent; and
``(2) be responsible for the coordinating with the
appropriate Agency Records Officer and appropriate agency
officials to ensure compliance with all applicable records
management statutes, regulations, and any guidance issued by
the Archivist.
``(c) Federal Agency Coordination.--In addition to the
designation made pursuant to subsection (a), the head of a
Federal agency may designate additional Senior Agency
Officials for Records Management as the head of the agency
determines to be necessary.''.
(b) Technical and Conforming Amendment.--The table of
sections at the beginning of chapter 31 of title 44, United
States Code, is amended by adding at the end the following
new item:
``3108. Senior Agency Official for Records Compliance.''.
SEC. 6. PRESERVATION OF ELECTRONIC MESSAGES AND OTHER
RECORDS.
(a) Requirement for Preservation of Electronic Messages.--
Chapter 29 of title 44, United States Code, as amended by
section 3(b), is further amended by adding at the end the
following new section:
``Sec. 2912. Preservation of electronic messages and other
records
``(a) Regulations Required.--Not later than 18 months after
the date of the enactment of this section, the Archivist
shall promulgate regulations governing Federal agency
preservation of electronic messages that are determined to be
records (as such term is defined under section 3301 of this
title). 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 of this
title;
``(2) require that such electronic records are readily
accessible for retrieval through electronic searches;
``(3) establish mandatory minimum functional requirements
for electronic records management systems to ensure
compliance with the requirements in paragraphs (1) and (2);
``(4) establish a process to certify that Federal agencies'
electronic records management systems meet the functional
requirements established under paragraph (3); and
[[Page H7596]]
``(5) include timelines for Federal agency compliance with
the regulations that ensure compliance as expeditiously as
practicable but not later than 2 years after the date of the
enactment of this section.
``(b) Coverage of Other Electronic Records.--To the extent
practicable, the regulations promulgated under subsection (a)
shall also include requirements for the capture, management,
and preservation of other electronic records.
``(c) Compliance by Federal Agencies.--Each Federal agency
shall comply with the regulations promulgated under
subsection (a).
``(d) Review of Regulations Required.--The Archivist shall
periodically review and, as necessary, amend the regulations
promulgated under subsection (a).
``(e) Reports on Implementation of Regulations.--
``(1) Agency report to archivist.--Not later than 3 years
after the date of the enactment of this section, the head of
each Federal agency shall submit to the Archivist a report on
the agency's compliance with the regulations promulgated
under this section.
``(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 subsection (a).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 29 of title 44, United States Code, as
amended by section 3(c)(2), is further amended by adding
after the item relating to section 2911 the following new
item:
``2912. Preservation of electronic messages and other records.''.
(c) 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. 7. 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 certify 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) of this title.
``(7) The term `electronic records management system' has
the meaning given that term under section 2901(16) of this
title.''.
(b) Certification of President's Management of Presidential
Records.--
(1) Certification required.--Chapter 22 of title 44, United
States Code, as amended by section 3(a), is further amended
by adding at the end the following new section:
``Sec. 2209. 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) of this title.
``(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.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 22 of title 44, United States Code, as
amended by section 3(c)(1), is further amended by adding at
the end the following new item:
``2209. Certification of the President's management of Presidential
records.''.
(c) Report to Congress.--Section 2203(f) of title 44,
United States Code, is amended by adding at the end the
following:
``(4) 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 subsection (a) and
section 2206(5) of this title.''.
(d) Effective Date.--The amendments made by this section
shall take effect one year after the date of the enactment of
this Act.
SEC. 8. RETENTION OF ELECTRONIC CORRESPONDENCE.
(a) Retention of Records of High Level Officials.--Section
3102 of title 44, United States Code, is amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) the identification of electronic messaging accounts
(as defined in section 2911) that should be preserved because
such accounts are most likely to contain records that should
be preserved as permanent Federal records and the automatic
retention of those records, including the accounts of each
head of a Federal agency, the deputies and assistants of such
head, the head of each program office and staff office, each
assistant secretary, each administrator, each commissioner,
each director of an office, bureau, or the equivalent, each
principal regional official, each staff assistant to such
official (such as a special assistant, confidential
assistant, and administrative assistant), each career Federal
employee, each political appointee, and each member of the
Armed Forces serving in equivalent or comparable positions;
and
``(5) electronic capture, management, and preservation of
the electronic messaging accounts (as defined in section
2911) described in paragraph (4), in accordance with the
records disposal requirements of chapter 33 of this title
such that--
``(A) electronic records are readily accessible for
retrieval through electronic searches; and
``(B) there are mandatory minimum functional requirements
for electronic records management systems to ensure
compliance with this section.''.
(b) Review by the Comptroller General of the United
States.--Section 3107 of title 44, United States Code, is
amended--
(1) by striking ``Chapters 21'' and inserting ``(a) In
General.--Chapters 21''; and
(2) by adding at the end the following:
``(b) Comptroller General Evaluation.--The Comptroller
General shall evaluate and report to Congress not less than
every two years on agency management of electronic mail
records required under paragraphs (4) and (5) of section
3102.''.
(c) Review by Inspector General.--Section 4(a) of the
Inspector General Act (5 U.S.C. App) is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) to review existing and proposed legislation and
regulations relating to records retention requirements under
the chapters 21, 29, 31 and 33 of title 44, United States
Code (commonly referred to as the Federal Records Act) for
programs and operations of such establishment and to make
recommendations in the semiannual reports required by section
5(a) concerning compliance with records retention
requirements.''.
(d) Effective Date.--This section and the amendments made
by this section shall take effect on December 31, 2016.
The SPEAKER pro tempore (Mr. Bentivolio). Pursuant to the rule, the
gentleman from North Carolina (Mr. Meadows) and the gentleman from
Maryland (Mr. Cummings) each will control 20 minutes.
The Chair recognizes the gentleman from North Carolina.
General Leave
Mr. MEADOWS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous materials 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. MEADOWS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, compliance with the Federal Records Act and the
Presidential Records Act is vital in preserving the history of our
government and ensuring its continued transparency.
[[Page H7597]]
Unfortunately, too frequently of late, Congress has heard examples of
agencies and individuals failing to comply with the basic provisions of
Federal recordkeeping law. The most recent illustration is the IRS
which, according to the Archivist of the United States, failed to
follow the law by not disclosing the potential loss of Federal records
relating to Lois Lerner.
In another instance, the Oversight Committee learned that the then-
Assistant Attorney General Tom Perez used his personal email account
almost 1,200 times over a 4-year period to conduct official business.
We should not tolerate this type of behavior.
Democracy requires transparency, Mr. Speaker. The public has a right
to know the actions their government takes on their behalf. This
principle of a right to know has been enshrined in numerous statutes at
the Federal, State, and local levels. These include open meeting laws,
Freedom of Information Act processes, and records laws.
At the national level, two bedrock transparency laws are the Federal
Records Act and the Presidential Records Act. Together, these two laws
ensure that our Nation's key documents, whether they be emails, maps,
agendas, microfilm, or any other type of media, are preserved,
sometimes in perpetuity, as a clear record of the government's
operation and decisionmaking process.
Unfortunately, in recent weeks, particularly in relation to the
events at the IRS surrounding the loss of Lois Lerner's emails, it is
clear that records laws are not being followed appropriately by
agencies and their employees.
The Archivist of the United States in testimony before this committee
on June 24 stated that the IRS ``did not follow the law'' in failing to
notify him of the potential loss of Federal records of Lois Lerner's
hard drive.
Records can be lost due to ignorance, inattention, or intentional
malice. We should not tolerate any of these excuses, but the
intentional destruction of records, Mr. Speaker, in particular, is a
criminal act, and Federal employees found to have committed such a
crime should be fired.
I am pleased that today we are considering the Federal Records
Accountability Act of 2014, a bill I was proud to introduce. This
commonsense legislation will make a number of reforms to better hold
Federal employees accountable to the requirements of the Federal
Records Act and the Presidential Records Act.
Specifically, the bill creates a process requiring agencies to fire
employees who have been found to have ``willfully and unlawfully''
altered, removed, or destroyed a Federal record.
The bill bars Federal employees from using nonofficial emails and
other electronic messaging accounts to conduct official business,
unless that communication is disclosed in full within 15 days to the
government. Failure to do so would be considered a ``willful and
unlawful'' destruction of Federal records and subject the employee to
termination.
Mr. Speaker, additionally, the legislation will require agencies to
disclose on their Web site notices indicating an actual, impending, or
threatened loss of Federal records. This expands the current law
mandate that agencies only inform the Archivist, the mandate recently
ignored by the IRS.
This bill also requires agencies to appoint or reconfirm a senior
agency official for records management. This individual would be
responsible for ensuring full agency compliance with records laws, and
Congress will be able to hold them directly accountable for
noncompliance.
Additionally, thanks to an amendment from my good friend, the ranking
member, Mr. Cummings, this bill will require agencies to preserve their
electronic records in an electronic format. This reform will end the
absurd and yet all too common practice in which agencies require emails
and other electronic records to be manually printed out for long-term
storage and instead save them on a hard drive.
Finally, thanks to efforts by Ms. Speier and Mr. DeSantis, the bill
will require agencies to automatically capture all official emails,
instant messages, tweets, and other electronic communications by senior
agency officials, their assistants, and other officials likely to come
into regular digital contact with a large number of Federal records.
This process will dramatically improve transparency at the most
senior levels of government by starting with the presumption that
electronic messages are Federal records instead of the current process
under which officials self-select what constitutes a record.
Collectively, the reforms in H.R. 5170 will send a powerful message
that transparency and faithful recordkeeping are priorities of our
government.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve
the balance of my time.
Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
{time} 2045
Mr. Speaker, I rise in strong support of this bill and I want to
thank Representative Mark Meadows for his hard work on this bill.
This bill would make the Federal Government's records more
transparent. This bill includes the language of a bill I introduced,
the Electronic Message Preservation Act. That portion of the
legislation would require the Archivist of the United States to issue
regulations mandating that within 2 years of enactment all Federal
agencies manage and preserve their email records electronically.
The bill would also direct the Archivist to establish standards for
the preservation and management of electronic Presidential records and
to annually certify that the White House has records management
controls in place that meet those standards. Under this bill, the
Archivist must report 1 year after the President leaves office on
whether the controls used by the President met the required standards.
This amendment would move agencies out of the arcane print-and-file
recordkeeping systems that many of them still use, a system which can
lead to records getting lost or not being turned over in response to
requests.
This bill also includes an amendment offered by my colleague
Representative Jackie Speier during the committee markup. The Speier
amendment would provide a clearer standard for agencies to follow with
regard to which records had to be kept and for how long. Under this
approach, the records of senior agency officials would be kept
permanently.
This bill also provides procedures for agencies to follow if an
employee intentionally destroys records. Under this bill, employees
will be held accountable and they will also receive the same due
process rights that they have under current law.
There are a couple of issues with this bill that I would like to
flag. One concern that has been raised is that the bill could have the
unintended consequence of encouraging Federal employees to save every
email. Under current law, the National Archives works with agencies to
establish schedules that define how long an agency has to keep
categories of records.
Agencies can't save everything forever or the volume would be so
overwhelming we wouldn't be able to sort out important information from
junk. We should evaluate this concern and just ensure that we aren't
creating unintended consequences.
Another concern that has been raised with this bill is that, in
attempts to restrict the manner in which the President and Vice
President create records, the bill says the President and Vice
President or a covered employee may not create or send a Presidential
or Vice Presidential record using a nonofficial electronic messaging
account unless the President or Vice President or covered employee
takes certain steps. Those steps include copying an official email
account, forwarding a copy of the email to an official account, or
printing the email and properly archiving it.
The Presidential Records Act already requires the President, the Vice
President, and their immediate staff to preserve their records. I think
we should just make sure that we are not crossing the line in the
requirements for the President and the Vice President. I believe those
two concerns should be evaluated and addressed if this bill is
considered in the Senate.
Again, I strongly support this bill and urge my colleagues to support
it.
With that, I yield back the balance of my time.
[[Page H7598]]
Mr. MEADOWS. Mr. Speaker, I yield myself such time as I may consume.
As we look at this particular piece of legislation, the real genesis
of this came from very troubling testimony that a number of us on both
sides of this aisle heard in hearing after hearing. It was not one
agency. It has been a plethora of agencies that seem to have
communication that is going on, Mr. Speaker, on a regular basis that is
not being preserved.
Now, part of this is accountability; part of this is historical. Can
you imagine what our Founding Fathers would do if they had communicated
to one another and never preserved the letter or the communication that
had taken place between them? What would our history be? It would be
filled with a number of holes. So, from a historical perspective, we
have the real duty to require it for our children and our grandchildren
to understand what goes on in government.
But, from an accountability standpoint, I think that is where most
Americans are focusing these days, Mr. Speaker. They don't understand
why we continue to lose email after email, while there seems to be hard
drive problems at the IRS that transcend all logical comprehension of
why so many hard drives would have failed. I have a hard time
understanding that as well.
Regardless of those issues, if we enact this particular bill--and I
thank the ranking member from Maryland because he has, indeed, with his
amendment made this bill better. It is stronger, and I thank him for
his support. Because when we work together in a bipartisan way to make
sure that these records are kept, it not only preserves it for
historical purposes, but it starts to build back the foundation, block
by block, layer by layer, where the American people can once again
trust their government.
I think it is time, Mr. Speaker, that we take this act and make it
into law. So I encourage my colleagues to support this. I urge them to
support this 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. Meadows) that the House suspend the
rules and pass the bill, H.R. 5170, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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