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H.R. 1582: Electronic Message Preservation Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Mar 7, 2019.

Electronic Message Preservation Act

This bill requires the National Archives and Records Administration (NARA) to regulate federal agency preservation of electronic messages that are federal records.

NARA's regulations must (1) require the electronic capture, management, and preservation of such records in accordance with the Federal Records Act; (2) require such records to be retrievable through electronic searches; (3) include timelines for federal agency implementation of the regulations that ensure compliance as expeditiously as practicable; (4) establish functional requirements for electronic records management systems and a process to ensure that such systems meet the functional requirements; and (5) include requirements for the capture, management, and preservation of other electronic records.

Agencies must publicly report on their compliance with the regulations.

NARA must (1) establish standards for the management of electronic presidential records during a President's term of office, (2) certify annually whether a President's electronic records management controls meet the requirements of the Presidential Records Act, and (3) report after the conclusion of a President's term of office regarding electronic records deposited into the presidential archival depository and whether electronic records management controls met specified requirements.