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1 H.R. 1376, Electronic Message Preservation Act of 2017 1 (April 12, 2018)

handle is hein.congrec/cbomaycr0001 and id is 1 raw text is: 



                    CONGRESSIONAL BUDGET OFFICE
                               COST   ESTIMATE

                                                                   April 12, 2018


                                 H.R.   1376
                Electronic Message   Preservation   Act of 2017

  As ordered reported by the House Committee on Oversight and Government Reform
                               on March  15, 2018


H.R. 1376 would direct the National Archives and Records Administration (NARA) to
issue regulations governing the preservation of email and other electronic records in an
electronic format. Under H.R. 1376, 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.

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.

Using information from NARA, CBO  estimates that implementing the bill would have no
significant effect on federal spending because most of the provisions of H.R. 1376 would
codify current practices. NARA anticipates that by December 2019 all federal agencies
will have email and other electronic records stored electronically. Having NARA manage
Presidential electronic records would not have a significant effect on the federal budget,
according to the agency.

Enacting H.R. 1376 could affect direct spending by agencies that use fees, receipts from
the sale of goods, and other collections to cover operating costs. Therefore, pay-as-you-
go procedures apply. Because most agencies can adjust the amounts collected as their
operating costs change, CBO estimates that any net changes in direct spending by those
agencies would be insignificant. Enacting the bill would not affect revenues.

CBO  estimates that enacting H.R. 1376 would not increase net direct spending or on-
budget deficits in any of the four consecutive 10-year periods beginning in 2029.

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