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Federal Daily - July 14, 2008

House Passes E-Mail Preservation Bill—But White House Threatens Veto

The House of Representatives passed the Electronic Communications Preservation Act (H.R. 5811), by a vote of 286-137. The bill would strengthen and clarify rules that, backers say, would make certain that e-mail records are preserved and archived properly. Currently, agencies are permitted to exercise wide discretion over how such records are preserved—and many federal offices employ only simple—and unreliable—“print and file” systems to save records. If the bill becomes law, government e-mail will have to be saved in electronic form. “These regulations must cover, at minimum, the capture, management, preservation, and electronic retrieval of electronic messages,” a summary of the bill released by Rep. Henry Waxman, D-Calif., said. “In addition, the [National Archives] would be required to establish certification standards for any electronic records management systems implemented at agencies.” The bill, which passed on July 10, gained momentum in recent months in the face of revelations that hundreds of thousands of White House e-mails had been lost, possibly forever. Meanwhile, the White House issued a statement claiming that the bill would “unwisely overturn” current rules on presidential records—and threatened a veto. For more, go to: http://oversight.house.gov/documents/20080709125536.pdf

Unions Applaud Senate Committee OK of 3.9 Percent Raise, A-76 Halt

The Senate Appropriations Committee approved on July 10 a bill that would provide federal civilian employees a 3.9 percent pay raise—1 percent higher than the White House had proposed, and on par with the raise offered to the military in separate spending bills. The committee’s approval was accompanied by a mark-up of the FY 2009 Financial Services and General Government Appropriations bill that would put a one-year moratorium on further public-private (A-76) competitions for federal work. “By its actions, the Senate Appropriations Committee not only recognizes the value of the federal workforce,” said NTEU President Colleen M. Kelley, “it takes a major step toward reining in the runaway contracting of federal jobs to the private sector that has been a hallmark of this administration’s domestic agenda.” American Federation of Government Employees (AFGE) President John Gage said that his union is “profoundly grateful to Senate Financial Affairs Appropriations Subcommittee Chairman Richard Durbin,” D-Ill., for including the A-76 moratorium provision. For more, go to: www.NTEU.org and www.AFGE.org.

Senators Press VA To Remove On-Site Voter Registration Drive Ban

A group of senators has asked Department of Veterans Affairs (VA) Secretary James Peake to remove an existing prohibition on non-partisan voter registration drives at VA facilities. In a July 10 letter to Peake, Sens. Daniel K. Akaka, D-Hawaii, Dianne Feinstein, D-Calif., and John Kerry, D-Mass., asked Peake to use his authority to lift the ban on third-party organization voter registration drives on agency premises. According to the senators, the current VA prohibition—codified in May—improperly references "Hatch Act requirements" as a basis for the ban, the senators said. The Hatch Act, among other things, prohibits federal employees from engaging in political activity on official time or on federal property. However, the Office of Special Counsel has found that federal employees are not in violation of the Hatch Act if they assist in specifically non-partisan voter registration drives on federal property and on official time. In addition, OSC has said, the Hatch Act does not prohibit outside groups from actually registering voters at VA facilities, as long as federal employees do not participate. “Veterans receiving care at VA facilities risked life and limb to defend the freedoms we enjoy, including the right to vote,” said Akaka. “Current VA policy makes it unnecessarily difficult for some veterans to participate in the electoral process.” To see more, go to: www.vawatchdog.org/08/scva08/scva071008-1.htm.

OMB Applauds Agency Reduction in External Internet Links

The Office of Management and Budget (OMB) has released a report showing that federal agencies have slashed the number of external Internet link “points of presence.” Reduction of links has been a goal, as part of the Trusted Internet Connections (TIC) initiative—a government-wide effort to lessen potential agency exposure to Internet-based attacks. “Fewer external connections, means fewer vulnerabilities and better secured networks,” said Karen Evans, OMB administrator for E-Government and IT. So far this year, the number of external links has been cut by 36 percent, from more than 4,300 in January to just 2,758 in May, according to OMB. OMB also reported that it has reconfigured its target for the maximum number of external links desired. Originally, the plan—launched last fall—called for a total of 50 overall connections, which the OMB has increased to about 100, Evans said. "OMB intends to monitor and evaluate the government's needs and will adjust based on business and mission needs," she said. For more, go to: www.whitehouse.gov/omb/pubpress/2008/071008_tic.html.

Federal Daily - July 14, 2008