Electronic Message Preservation Act of 2015

Bill: 114-hr-2319
Sponsor: Rep. Cummings, Elijah E. [D-MD-7]
Introduced: 2015-05-14 in the House
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Congressional oversight
Digital media
Government information and archives
National Archives and Records Administration
Presidential administrations

Summary:
action_date: 2015-05-14
text: 

Electronic Message Preservation Act of 2015 

 
 Requires the Archivist of the United States to promulgate regulations governing federal agency preservation of electronic messages that are federal records and to periodically review and amend, as necessary, such regulations. Requires such regulations, at a minimum, to: (1) require the electronic capture, management, and preservation of such electronic records in accordance with the Federal Records Act; (2) require such records to be retrievable through electronic searches; and (3) include timelines for federal agency compliance with the regulations that ensure compliance not later than December 31, 2016. 
 
Requires the Archivist to promulgate regulations not later than two years after the enactment of this Act that: (1) establish mandatory minimum functional requirements for electronic records management systems and a process to ensure that such systems meet the functional requirements; and (2) include requirements for the capture, management, and preservation of other electronic records. Defines "electronic records management system" as software designed to manage electronic records, including by categorizing and locating records, ensuring that records are retained as long as necessary, identifying records that are due for disposition, and ensuring the storage, retrieval, and disposition of records.
 
Requires federal agency heads to report to the Archivist on agency compliance with the regulations promulgated by this Act and make such reports publicly available on the agency's website. 
 
Requires the Archivist to: (1) establish standards for the management of electronic presidential records during a President's term of office, including records management controls necessary for the capture, management, and preservation of electronic messages and for ensuring that electronic messages are readily accessible for retrieval through electronic searches; (2) certify annually whether electronic records management controls established by a President meet the requirements of the Presidential Records Act; and (3) report annually to specified congressional committees on the status of such certification. 
 
Requires the Archivist to report to Congress one year after the conclusion of a President's term of office on: (1) the volume and format of electronic presidential records deposited into the presidential archival depository, and (2) whether electronic records management controls of a President met the requirements of this Act and the Presidential Records Act. 

action_date: 2016-09-19
text: 
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
 

Electronic Message Preservation Act of 2015 

 
 (Sec. 2) This bill requires the Archivist of the United States to promulgate regulations governing federal agency preservation of electronic messages that are federal records and to periodically review and amend, as necessary, such regulations. Such regulations, at a minimum, shall: (1) require the electronic capture, management, and preservation of such electronic records in accordance with the Federal Records Act; (2) require such records to be retrievable through electronic searches; and (3) include timelines for federal agency compliance with the regulations that ensure compliance not later than December 31, 2016. 
 
The Archivist shall promulgate regulations not later than two years after the enactment of this Act that: (1) establish mandatory minimum functional requirements for electronic records management systems and a process to ensure that such systems meet the functional requirements; and (2) include requirements for the capture, management, and preservation of other electronic records. The bill defines "electronic records management system" as software designed to manage electronic records, including by categorizing and locating records, ensuring that records are retained as long as necessary, identifying records that are due for disposition, and ensuring the storage, retrieval, and disposition of records.
 
Federal agency heads must report to the Archivist on agency compliance with the regulations promulgated by this Act and make such reports publicly available on the agency's website. 
 
(Sec. 3) The bill requires the Archivist to: (1) establish standards for the management of electronic presidential records during a President's term of office, including records management controls necessary for the capture, management, and preservation of electronic messages and for ensuring that electronic messages are readily accessible for retrieval through electronic searches; (2) certify annually whether electronic records management controls established by a President meet the requirements of the Presidential Records Act; and (3) report annually to specified congressional committees on the status of such certification. 
 
The Archivist must report to Congress one year after the conclusion of a President's term of office on: (1) the volume and format of electronic presidential records deposited into the presidential archival depository, and (2) whether electronic records management controls of a President met the requirements of this Act and the Presidential Records Act. 


Legislative actions:
action_date: 2016-09-19
text: Placed on the Union Calendar, Calendar No. 589.
action_date: 2016-09-19
text: Reported by the Committee on Oversight and Government Reform. H. Rept. 114-757.
action_date: 2016-09-19
text: Reported by the Committee on Oversight and Government Reform. H. Rept. 114-757.
action_date: 2016-07-12
text: Ordered to be Reported by Voice Vote.
action_date: 2016-07-12
text: Committee Consideration and Mark-up Session Held.
action_date: 2015-05-14
text: Referred to the House Committee on Oversight and Government Reform.
action_date: 2015-05-14
text: Introduced in House
action_date: 2015-05-14
text: Introduced in House