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Under current law, federal agencies have broad discretion to determine how electronic messages are
preserved. Investigations and reports by Congressional Committees, several nonprofits, and the
Government Accountability Office (GAO) document the significant deficiencies in the preservation of
email by the federal government. Since the introduction of this bill in the House, the National Archives
and Records Administration (NARA) released the results of an assessment of records management
programs in the Federal Government that revealed 79% of reporting Federal agencies have moderate to
high levels of risk of records loss associated with their electronic records management programs.
H.R. 1387 directs the Archivist to establish standards for the capture, management, and preservation of
tŚŝƚĞ,ŽƵƐĞĂŶĚŽĨĂŐĞŶĐŝĞƐ͛Ğ-‐mails, and certification standards for any electronic records
management systems implemented at agencies. While we would prefer Congress pass a bill that
requires agencies to implement records management systems that are consistent with modern
technology, this legislation demonstrates the concern of Congress about this serious issue, and takes a
first step to ensure that these vital records are preserved for the public.
Thank you in advance for your attention to this critical aspect of government management and
accountability. We welcome the opportunity to discuss H.R. 1387 and the systemic problems with
electronic record management in general. To arrange a meeting, please feel free to contact Patrice
McDermott, Director of OpenTheGovernment.org at pmcdermott@openthegovernment.org or
202/332-‐6736.
Sincerely,
Essential Information
iSolon.org
OpenTheGovernment.org
Sunlight Foundation
cc: Senator Tom Carper, Chair, Senate Homeland Security and Governmental Affairs Subcommittee on
Federal Financial Management, Government Information, Federal Services and International Security