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A bill taking aim at the e-mail preservation policies of the White House and federal agencies will be the subject of a House Oversight and Government Reform subcommittee hearing Wednesday.

Expected to be introduced this week by Oversight and Government Reform Committee Chairman Henry Waxman, D-Calif., and Information Policy Subcommittee Chairman William Lacy Clay, D-Mo., the measure would update the Presidential Records Act, which leaves the president to manage records during his term. The bill would instead ask the National Archives to create standards for retaining records including e-mail and to report to Congress on the White House's compliance.

The bill responds to concerns that the Bush White House, by relying on an inadequate records system, lost hundreds of days of e-mails and allowed some officials to improperly use mostly Republican National Committee rather than White House e-mail accounts. The RNC says it has destroyed many of those records.

The measure would require federal agencies to keep e-mails electronically. Under the Federal Records Act, agencies now may store e-mails electronically or on paper. Many use a "print and file" system and do not keep electronic copies.

Another House Oversight and Government Reform subcommittee will hear Tuesday from the Office of Management and Budget, the Justice Department and other administration officials about a controversial exemption in a proposed rule affecting government contractors. The so-called "mystery loophole" exempts companies working overseas and commercial contractors from a rule that would require government contractors to report fraud by their employees or subcontractors.

The committee has opened an investigation into how the loophole was inserted in the rule, though administration officials insist the change came during a routine drafting process and remains under review. The hearing will address a bill introduced by Rep. Peter Welch, D-Vt., that eliminates the exemption.

Meanwhile, at a Senate Homeland Security and Governmental Affairs Committee hearing Tuesday, Commerce Department officials will be back in the hot seat over a botched plan to use handheld computers to collect information for the 2010 census.

In a move that enraged many lawmakers, the Census Bureau recently announced that due to potential problems related to using handheld devices, which have already cost hundreds of millions of dollars to develop, it will use paper questionnaires to follow up with citizens who do not respond to mailed inquiries.

Commerce Secretary Carlos Gutierrez, Census Bureau Director Steven Murdock and Government Accountability Office officials are to appear before the panel, which is the third congressional committee to hold a hearing on the matter since Census changed its plans.

COMMENTS

• I would tend to agree with Anonymous in that “Electronic storage of emails is an insignificant added effort …” and “Honest, hardworking "servants" of the public interest have no problem "showing their work." Well, most of us don’t. It only takes a semi-competent system administrator to back up the servers and an adequate filing system to make such available. It would seem that those who THINK they know best and, supposedly, have our best interests at heart, but can’t seem to express their reasoning to our satisfaction are the ones that wish to hide their communications and thoughts from the light of day. Don’t be a “decider”, be a leader. Tip off Posted April 16, 2008 1:35 PM
• This is a serious bipartisan issue that strikes at the core of what it means to be a public "servant." Electronic storage of emails is an insignificant added effort to the government and should apply across all boundaries executive, legislative and judicial branches. Honest, hardworking "servants" of the public interest have no problem "showing their work." The goodwill of the American people is what is at stake, so everyone get on-board and help Rep. Waxman bring us into the 21st century! Anonymous Posted April 16, 2008 8:36 AM
• Here we go again with Waxman/Reed high tech legislative syndrome. As with the issue of DoD classified file-to-file (F2F) transfers brought before congress in General Wesley Clark's testimony, the same vulnerabilities applies to email. Under PRESENT security practices and standards, there is NO way the DOJ can prove that "content" is original or unaltered. A backlash to this kind of thinking is to back emails up off-shore or use attachments as carrier content for hidden embedded covert correspondence. This practice is better than encryption and there are only twelve, time consuming, deciphering programs that analyze this type of content. Government would never get through the log jam it would create for an investigation. Congressman, rethink the problem or get someone that can. Such legislation is very questionable. A correction to the earlier posted comment; the White House computers were trashed by Clinton staffers as well as emails erased. It is a good example though but get your facts right. R. E. Smith Posted April 15, 2008 1:38 PM