29–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–127 

PRESIDENTIAL AND FEDERAL RECORDS ACT 

AMENDMENTS OF 2013 

JUNE 25, 2013.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. ISSA, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

[To accompany H.R. 1233] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 1233) to amend chapter 22 of title 44, 

United States Code, popularly known as the Presidential Records 

Act, to establish procedures for the consideration of claims of constitutionally based privilege against disclosure of Presidential 

records, and for other purposes, having considered the same, report 

favorably thereon with amendments and recommend that the bill 

as amended do pass. 

CONTENTS 

Page 

Committee Statement and Views ........................................................................... 4 

Section-by-Section .................................................................................................... 5 

Explanation of Amendments ................................................................................... 8 

Committee Consideration ........................................................................................ 8 

Application of Law to the Legislative Branch ....................................................... 8 

Statement of Oversight Findings and Recommendations of the Committee ...... 8 

Statement of General Performance Goals and Objectives .................................... 8 

Duplication of Federal Programs ............................................................................ 8 

Disclosure of Directed Rule Makings ..................................................................... 8 

Federal Advisory Committee Act ............................................................................ 9 

Unfunded Mandate Statement ............................................................................... 9 

Earmark Identification ............................................................................................ 9 

Committee Estimate ................................................................................................ 9 

Budget Authority and Congressional Budget Office Cost Estimate .................... 9 

Changes in Existing Law Made by the Bill as Reported ...................................... 10 


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The amendments (stated in terms of the page and line numbers 

of the introduced bill) are as follows: 

Page 9, after line 16, insert the following: 

(e) DISCLOSURE REQUIREMENT FOR OFFICIAL BUSINESS CONDUCTED USING NON-OFFICIAL ELECTRONIC MESSAGING ACCOUNT.— 

(1) AMENDMENT.—Chapter 22 of title 44, United States Code, 

as amended by subsection (a)(1), is further amended by adding 

at the end the following new section: 

‘‘§ 2209. Disclosure requirement for official business conducted using non-official electronic messaging accounts 

‘‘(a) IN GENERAL.—An officer or employee of an executive agency 

may not create or send a Presidential record using a non-official 

electronic messaging account unless such officer or employee— 

‘‘(1) copies an official electronic messaging account of the officer or employee in the original creation or transmission of the 

Presidential record; or 

‘‘(2) forwards a complete copy of the Presidential record to an 

official electronic messaging account of the officer or employee 

within five days after the original creation or transmission of 

the Presidential record. 

‘‘(b) ADVERSE ACTIONS.—The intentional violation of subsection 

(a) (including any rules, regulations, or other implementing guidelines), as determined by the appropriate supervisor, shall be a basis 

for disciplinary action in accordance with subchapter I, II, or V of 

chapter 75 of title 5, as the case may be. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) ELECTRONIC MESSAGES.—The term ‘electronic messages’ 

means electronic mail and other electronic messaging systems 

that are used for purposes of communicating between individuals. 

‘‘(2) ELECTRONIC MESSAGING ACCOUNT.—The term ‘electronic 

messaging account’ means any account that sends electronic 

messages. 

‘‘(3) EXECUTIVE AGENCY.—The term ‘executive agency’ has 

the meaning given that term in section 105 of title 5.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 22 of title 44, United States Code, as 

amended by subsection (a)(3), is further amended by adding at 

the end the following new item: 

‘‘2209. Disclosure requirement for official business conducted using nonofficial electronic messaging accounts.’’. 

Page 11, beginning on line 12, strike ‘‘for deposit’’ and insert ‘‘a 

copy of’’. 

Page 17, line 8, strike ‘‘and’’ the first place it appears and insert 

‘‘or’’. 

Page 21, line 20, insert ‘‘the first place it appears’’ before ‘‘and’’. 

Page 22, line 17, insert ‘‘the first place it appears’’ before ‘‘and’’. 

Page 24, strike lines 1 through 7, and insert the following: 

(b) RECORDS CENTERS AND CENTRALIZED MICROFILMING SERVICES.— 


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(1) AMENDMENT.—Section 2907 of title 44, United States 

Code, is amended— 

(A) in the section heading by inserting ‘‘or 

digitization’’ after ‘‘microfilming’’; and 

(B) by inserting ‘‘or digitization’’ after ‘‘microfilming’’. 

(2) CONFORMING AMENDMENT.—The table of sections at the 

beginning of chapter 29 of title 44, United States Code, is 

amended in the item relating to section 2907 by inserting ‘‘or 

digitization’’ after ‘‘microfilming’’. 

Page 25, line 9, strike ‘‘2906(a)(1)’’ and insert ‘‘2906’’. 

Page 27, strike lines 14 through 16 and insert the following: 

(1) AMENDMENT.—The heading for chapter 29 of title 44, 

United States Code, is amended by striking ‘‘AND BY THE 

ADMINISTRATOR OF GENERAL SERVICES’’. 

(2) CONFORMING AMENDMENT.—The table of chapters at the 

beginning of title 44, United States Code, is amended in the 

item related to chapter 29 by striking ‘‘and by the Administrator of General Services’’. 

At the end of the bill, insert the following (and amend the table 

of contents accordingly): 

SEC. 10. DISCLOSURE REQUIREMENT FOR OFFICIAL BUSINESS CONDUCTED USING NON-OFFICIAL ELECTRONIC MESSAGING 

ACCOUNT. 

(a) AMENDMENT.—Chapter 29 of title 44, United States Code is 

amended by adding at the end the following new section: 

‘‘§ 2911. Disclosure requirement for official business conducted using non-official electronic messaging accounts 

‘‘(a) IN GENERAL.—An officer or employee of an executive agency 

may not create or send a record using a non-official electronic messaging account unless such officer or employee— 

‘‘(1) copies an official electronic messaging account of the officer or employee in the original creation or transmission of the 

record; or 

‘‘(2) forwards a complete copy of the record to an official electronic messaging account of the officer or employee within five 

days after the original creation or transmission of the record. 

‘‘(b) ADVERSE ACTIONS.—The intentional violation of subsection 

(a) (including any rules, regulations, or other implementing guidelines), as determined by the appropriate supervisor, shall be a basis 

for disciplinary action in accordance with subchapter I, II, or V of 

chapter 75 of title 5, as the case may be. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) ELECTRONIC MESSAGES.—The term ‘electronic messages’ 

means electronic mail and other electronic messaging systems 

that are used for purposes of communicating between individuals. 

‘‘(2) ELECTRONIC MESSAGING ACCOUNT.—The term ‘electronic 

messaging account’ means any account that sends electronic 

messages. 

‘‘(3) EXECUTIVE AGENCY.—The term ‘executive agency’ has 

the meaning given that term in section 105 of title 5.’’. 


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1See generally National Archives Act, 48 Stat. 1122 (1934). 2See generally P.L. 84–695 (1955). 3See id. at § 2201. 4See id. at § 2202. 5See id. at § 2203. 6See id. at § 2204 and § 2205. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 29 of title 44, United States Code, is amended by 

adding at the end the following new item: 

‘‘2911. Disclosure requirement for official business conducted using nonofficial electronic messaging accounts.’’. 

COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

H.R. 1233, the Presidential and Federal Records Act Amendments of 2013, was introduced on March 18, 2013, by Representative Elijah E. Cummings (D–MD). This legislation makes a number 

of modernizing reforms to federal recordkeeping procedures and requirements. As amended, H.R. 1233 would codify an executive 

order to fill an executive privilege related gap in the Presidential 

Records Act (PRA) while also streamlining outdated statutory recordkeeping language and making additional changes to improve 

the federal government’s ability to capture and archive electronic 

records. 

BACKGROUND AND NEED FOR LEGISLATION

Congress first addressed federal recordkeeping in the 1930s, 

when the combination of growing public concern over poor agency 

recordkeeping practices and an expanding federal bureaucracy necessitated recordkeeping solutions for a larger volume of records. In 

1934, Congress established the National Archives and the position 

of Archivist of the United States (Archivist) as the primary, central 

agent of records preservation for the federal government.1 In 1950, 

Congress followed up the establishment of the National Archives 

with the Federal Records Act (FRA), which established basic 

records management authority for federal agencies and set basic 

records management standards, including standards for disposal of 

records. The intent was that agencies would manage their own 

records internally, while the National Archives would filter and 

preserve those records that were transferred to the National Archives for posterity. 

In 1955, Congress addressed presidential recordkeeping in its 

own right with the Presidential Libraries Act,2 which adopted the 

presidential library model, first conceptualized in 1938, for the permanent maintenance of the records of former presidents. In 1978, 

in the wake of Watergate, Congress passed the PRA, which was intended to be a comprehensive answer to the general issue of presidential records preservation and maintenance. 

The PRA defined what did and did not qualify as a presidential 

record,3 clarified the ownership of presidential records,4 detailed 

guidelines for the management and custody of presidential 

records,5 established procedures for restricting access to Presidential records under certain circumstances,6 and granted the ArVerDate Mar 15 2010 05:57 Jun 26, 2013 Jkt 029006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR127.XXX HR127

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7See id. at § 2206. The PRA also provides that the same rules governing the collection, storage, and preservation of presidential records govern the collection, storage, and preservation of 

vice presidential records. See id. at § 2207. 8 In 1989, President Reagan—who was the first president to be subject to the PRA—issued 

Executive Order 12667 to establish such a procedure. In 2001, President George W. Bush issued 

Executive Order 13233, which dramatically increased the scope of former presidents’ abilities 

to request and receive continued restricted access to their presidential records. In 2009, President Obama issued Executive Order 13489, which rescinded President Bush’s expansive executive order and effectively restored President Reagan’s request framework. See generally Exec. 

Order No. 13489, 74 Fed. Reg. 4669 (Jan. 26, 2009). 

chivist, who heads NARA, the ability to promulgate regulations enforcing the PRA.7

The PRA did not, however, provide a procedure allowing former 

presidents to request continued restricted access to presidential 

records created during their respective administrations. To fill this 

gap, several presidents since the passage of the PRA have issued 

executive orders to formalize a request procedure and define the 

limits of such requests.8 To definitively address this issue, H.R. 

1233 would create a framework that would enable former presidents to request continued restricted access on a very narrow basis, 

effectively in accord with the Reagan and Obama Administration 

frameworks. 

In other areas, both the PRA and the FRA have become increasingly antiquated, particularly in regard to electronic information. 

Despite the rapid migration over the last several decades toward 

electronic communication and recordkeeping, federal recordkeeping 

laws are still focused on the media in which a record is preserved, 

not the information that constitutes the record itself. To correct 

this flaw, this legislation will shift the onus of recordkeeping onto 

the record and not the media it is contained in as a way to better 

enable NARA, and other agencies, to handle growing amounts of 

electronic communication. Additionally, the bill helps address a 

number of potential records security issues by further restricting 

access to presidential records for those convicted of an Archives-related crime and by explicitly codifying requirements for federal employees to file electronic communications regarding official business 

done through personal messaging accounts with their agency. Finally, the legislation makes changes that streamline and modernize 

title 44, such as repealing defunct provisions and striking unnecessary statutory references to the General Services Administration. 

LEGISLATIVE HISTORY

H.R. 1233, the Presidential and Federal Records Act Amendments of 2013, was introduced on March 18, 2013, and referred to 

the House Committee on Oversight and Government Reform. In 

the 112th Congress, the provisions contained within the introduced 

version of H.R. 1233 were included in H.R. 3071, as amended and 

ordered reported by voice vote by the Oversight Committee. 

At a business meeting on March 20, 2013, the Committee considered H.R. 1233 and ordered the bill to be reported by voice vote. 

SECTION-BY-SECTION

Section 1. Short title; Table of contents 

Section 1 establishes the bill’s short title as the ‘‘Presidential and 

Federal Records Act Amendments of 2013’’ and provides the legislation’s table of contents. 


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Section 2. Presidential records 

Subsection (a) creates 44 U.S.C. § 2208 which establishes a clear 

appeals procedure by which a former president can request that an 

incumbent president maintain the privileged status of records of 

that former president that have yet to be released to the public by 

the Archivist. 

Subsection (b) makes technical corrections to modernize a number of definitions contained in 44 U.S.C. § 2201. 

Subsection (c) modifies 44 U.S.C. § 2203 to give presidential administrations the option to, in effect, allow pre-accession of physical 

and electronic records. 

Subsection (d) amends 44 U.S.C. § 2204 to bar designated presidential representatives who have previously been convicted of a 

National Archives record-related crime from access to NARA facilities or records. 

Subsection (e) creates 44 U.S.C. § 2209 which requires federal 

employees who create or send a Presidential record from a non-official electronic messaging account to forward a complete copy of the 

record to an official electronic messaging account within five days. 

In cases of intentional violation of this disclosure requirement, the 

section authorizes disciplinary action as determined by the appropriate supervisor, in accordance with subchapter I, II, or V of chapter 75 of title 5, U.S. Code. 

Section 3. National Archives and Records Administration 

Subsection (a) amends 44 U.S.C. § 2107 to outline the federal 

agency option of ‘‘pre-accessioning,’’ or the transfer of agency documents to NARA for processing and release in advance of the statutorily required date for doing so. 

Subsection (b) amends 44 U.S.C. § 2111 to shift NARA’s duty to 

receive ‘‘recorded information’’ generally, rather than to receive any 

specific media containing information. 

Subsection (c) amends provisions in 44 U.S.C. § 2114 to modernize terminology addressing the audio and visual records that 

NARA is likely to receive for deposit. 

Subsection (d) amends 44 U.S.C. § 2116 to include digital reproductions among the categories of reproductions that federal agencies may keep when they are statutorily required to maintain copies of documents indefinitely. 

Section 4. Records management by Federal agencies 

Section 4 amends 44 U.S.C. § 3016 to expand the types of destruction that can be carried out to destroy federal records. The 

changes are intended to list damage actions that are specific to 

electronic records, such as ‘‘corruption,’’ deletion,’’ and ‘‘erasure,’’ 

that may not be covered under the current statutory language. 

Section 5. Disposal of records 

Subsection (a) amends 44 U.S.C. 3301 to adjust the federal definition of ‘‘records’’ to shift the emphasis to the information being 

stored in a given record, rather than any specific media used to 

store information and gives NARA the authority to define the term 

‘‘record’’ as it applies to federal agencies, which, in effect, gives 

NARA the ability to issue binding regulations governing agencies’ 

record preservation, maintenance, and transfer requirements. 


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Subsections (b), (c), (e) amend 44 U.S.C. § 3302(3), § 3303(1), and 

§ 3312, respectively, to add digitization language to provisions dealing with the scheduled disposal and evidentiary validity of federal 

records. 

Subsection (d) amends 44 U.S.C. § 3303a(c) to update the language regarding the respective House and Senate congressional 

committees of jurisdiction. 

Section 6. Procedures to prevent unauthorized removal of classified 

records from National Archives 

This section creates new statutory rules governing access to 

NARA facilities and NARA records. It is intended to ensure against 

the theft of or damage to classified records under NARA’s control 

and limit regular access to appropriate NARA officials and employees. 

Section 7. Repeal of provisions related to the National Study Commission on Records and Documents of Federal Officials 

Section 7 repeals provisions of Chapter 33 of title 44 governing 

the now-defunct National Study Commission on Records and Documents of Federal Officials. 

Section 8. Pronoun amendments 

Section 8 removes pronouns throughout title 44 and replaces 

them with gender-neutral references to the Archivist, former President, incumbent President, or other official, as appropriate. 

Section 9. Records management by the Archivist 

Subsection (a) amends 44 U.S.C. § 2902 to require NARA promote and pursue electronic recordkeeping and receipt of electronic 

records from federal agencies. 

Subsection (b) amends 44 U.S.C. § 2907 to provide the Archivist 

with the authority to establish and use records centers with the capability of digitizing records in the same way that NARA would 

capture records on microfilm or other photographic processes. 

Subsection (c) amends 44 U.S.C. § 2904 to delete vestigial language regarding the General Services Administration (GSA) and its 

Administrator. 

Subsection (d) amends 44 U.S.C. § 2906 to clarify NARA’s ability 

to inspect federal agencies’ records for the purpose of ensuring 

their historical value. 

Subsections (e), (f), and (g) amend 44 U.S.C. § 2115, the heading 

for chapter 29, of title 44, U.S.C., and 44 U.S.C. § 3102(2), respectively, to delete additional vestigial references to GSA and its Administrator. 

Section 10. Disclosure requirement for official business conducted 

using non-official electronic messaging account 

Section 10 creates 44 U.S.C. § 2911 which requires federal employees who create or send a federal record from a non-official electronic messaging account to forward a complete copy of the record 

to an official electronic messaging account within five days. In 

cases of intentional violation of this disclosure requirement, the 

section authorizes disciplinary action as determined by the approVerDate Mar 15 2010 05:57 Jun 26, 2013 Jkt 029006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR127.XXX HR127

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priate supervisor, in accordance with subchapter I, II, or V of chapter 75 of title 5, U.S. Code. 

EXPLANATION OF AMENDMENTS

The provisions of the legislation as ordered reported are explained in this report. 

COMMITTEE CONSIDERATION

On March 20, 2013, the Committee met in open session and ordered reported favorably the bill, H.R. 1233, as amended, by voice 

vote, a quorum being present. 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to the terms and conditions of employment or access to public services and accommodations. This bill codifies an executive 

order to fill an executive privilege related gap in the Presidential 

Records Act while also streamlining outdated statutory recordkeeping language and making additional changes to improve the 

federal government’s ability to capture and archive electronic 

records. As such this bill does not relate to employment or access 

to public services and accommodations. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report. 

DUPLICATION OF FEDERAL PROGRAMS

No provision of H.R. 1233 establishes or reauthorizes a program 

of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

H.R. 1233 requires the Archivist to promulgate regulations requiring all Federal agencies to transfer all digital or electronic 

records to the National Archives in digital or electronic form to the 

greatest extent possible. 


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FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of 5 U.S.C. App., Section 5(b). 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandate 

Reform Act, P.L. 104–4) requires a statement as to whether the 

provisions of the reported include unfunded mandates. In compliance with this requirement the Committee has received a letter 

from the Congressional Budget Office included herein. 

EARMARK IDENTIFICATION

H.R. 1233 does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI. 

COMMITTEE ESTIMATE

Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out H.R. 

1233. However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee has included in its 

report a timely submitted cost estimate of the bill prepared by the 

Director of the Congressional Budget Office under section 402 of 

the Congressional Budget Act. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause (3)(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 

1974, the Committee has received the following cost estimate for 

H.R. 1233 from the Director of Congressional Budget Office: 

MAY 20, 2013. 

Hon. DARRELL ISSA, Chairman, Committee on Oversight and Government Reform, House 

of Representatives, Washington, DC, 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1233, the Presidential 

and Federal Records Act Amendments of 2013. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 


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H.R. 1233—Presidential and Federal Records Act Amendments of 

2013 

H.R. 1233 would amend federal law regarding the preservation, 

storage, and management of federal records. The legislation would 

amend the Presidential Records Act to establish a process for reviewing Presidential records. The bill also would update archival 

laws to accommodate the government’s use of electronic and digital 

communications. Finally, H.R. 1233 would require the National Archives and Records Administration (NARA) to prevent unauthorized access or removal of government records. 

According to NARA, most provisions in the bill would codify and 

expand current practices. Executive Orders and Presidential memoranda have directed NARA and agencies to better manage government records. Consequently, CBO estimates that implementing 

H.R. 1233 would have no significant cost over the next five years. 

The bill could affect direct spending by agencies not funded 

through annual appropriations; therefore, pay-as-you-go procedures 

apply. CBO estimates, however, that any net increase in spending 

by those agencies would not be significant. Enacting H.R. 1233 

would not affect revenues. 

H.R. 1233 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Matthew Pickford. The 

estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

TITLE 44, UNITED STATES CODE 

TITLE 44—PUBLIC PRINTING AND 

DOCUMENTS 

Chap. Sec. 

1. Joint Committee on Printing ..................................................................... 101 

* * * * * * * 

29. Records Management by the Archivist of the United States øand by 

the Administrator of General Services¿ ............................................... 2901 

* * * * * * * 

CHAPTER 21—NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

Sec. 

2101. Definitions. 

* * * * * * * 


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ø2114. Preservation of motion-picture films, still pictures, and sound recordings.¿ 

2114. Preservation of audio and visual records. 

* * * * * * * 

ø§ 2107. Acceptance of records for historical preservation 

øWhen it appears to the Archivist to be in the public interest, he 

may— 

ø(1) accept for deposit with the National Archives of the 

United States the records of a Federal agency, the Congress, 

the Architect of the Capitol, or the Supreme Court determined 

by the Archivist of the United States to have sufficient historical or other value to warrant their continued preservation by 

the United States Government; 

ø(2) direct and effect the transfer to the National Archives 

of the United States of records of a Federal agency that have 

been in existence for more than thirty years and determined by 

the Archivist of the United States to have sufficient historical 

or other value to warrant their continued preservation by the 

United States Government, unless the head of the agency 

which has custody of them certified in writing to the Archivist 

that they must be retained in his custody for use in the conduct of the regular current business of the agency; 

ø(3) direct and effect, with the approval of the head of the 

originating agency, or if the existence of the agency has been 

terminated, then with the approval of his successor in function, 

if any, the transfer of records, deposited or approved for deposit with the National Archives of the United States to public 

or educational institutions or associations; title to the records 

to remain vested in the United States unless otherwise authorized by Congress; and 

ø(4) transfer materials from private sources authorized to be 

received by the Archivist by section 2111 of this title.¿ 

§ 2107. Acceptance of records for historical preservation 

(a) IN GENERAL.—When it appears to the Archivist to be in the 

public interest, the Archivist may— 

(1) accept for deposit with the National Archives of the 

United States the records of a Federal agency, the Congress, the 

Architect of the Capitol, or the Supreme Court determined by 

the Archivist to have sufficient historical or other value to warrant their continued preservation by the United States Government; 

(2) direct and effect the transfer of records of a Federal agency determined by the Archivist to have sufficient historical or 

other value to warrant their continued preservation by the 

United States Government to the National Archives of the 

United States, as soon as practicable, and at a time mutually 

agreed upon by the Archivist and the head of that Federal 

agency not later than thirty years after such records were created or received by that agency, unless the head of such agency 

has certified in writing to the Archivist that such records must 

be retained in the custody of such agency for use in the conduct 

of the regular business of the agency; 

(3) direct and effect, with the approval of the head of the originating Federal agency, or if the existence of the agency has 


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been terminated, with the approval of the head of that agency’s 

successor in function, if any, the transfer of records, deposited 

or approved for deposit with the National Archives of the 

United States to public or educational institutions or associations; title to the records to remain vested in the United States 

unless otherwise authorized by Congress; and 

(4) transfer materials from private sources authorized to be 

received by the Archivist by section 2111 of this title. 

(b) EARLY TRANSFER OF RECORDS.—The Archivist— 

(1) in consultation with the head of the originating Federal 

agency, is authorized to accept a copy of the records described 

in subsection (a)(2) that have been in existence for less than 

thirty years; and 

(2) may not disclose any such records until the expiration of— 

(A) the thirty-year period described in paragraph (1); 

(B) any longer period established by the Archivist by 

order; or 

(C) any shorter period agreed to by the originating Federal agency. 

* * * * * * * 

ø§ 2111. Material accepted for deposit 

øWhen the Archivist considers it to be in the public interest he 

may accept for deposit— 

ø(1) the papers and other historical materials of a President 

or former President of the United States, or other official or 

former official of the Government, and other papers relating to 

and contemporary with a President or former President of the 

United States, subject to restrictions agreeable to the Archivist 

as to their use; and 

ø(2) documents, including motion-picture films, still pictures, 

and sound recordings, from private sources that are appropriate for preservation by the Government as evidence of its 

organization, functions, policies, decisions, procedures, and 

transactions. 

This section shall not apply in the case of any Presidential records 

which are subject to the provisions of chapter 22 of this title.¿ 

§ 2111. Material accepted for deposit 

(a) IN GENERAL.—When the Archivist considers it to be in the 

public interest the Archivist may accept for deposit— 

(1) the papers and other historical materials of a President or 

former President of the United States, or other official or former 

official of the Government, and other papers relating to and 

contemporary with a President or former President of the 

United States, subject to restrictions agreeable to the Archivist 

as to their use; and 

(2) recorded information (as such term is defined in section 

3301(a)(2) of this title) from private sources that are appropriate for preservation by the Government as evidence of its organization, functions, policies, decisions, procedures, and transactions. 


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(b) EXCEPTION.—This section shall not apply in the case of any 

Presidential records which are subject to the provisions of chapter 

22 of this title. 

* * * * * * * 

ø§ 2114. Preservation of motion-picture films, still pictures, 

and sound recordings 

øThe Archivist may make and preserve motion-picture films, still 

pictures, and sound recordings pertaining to and illustrative of the 

historical development of the United States Government and its activities, and provide for preparing, editing, titling, scoring, processing, duplicating, reproducing, exhibiting, and releasing for nonprofit educational purposes, motion-picture films, still pictures, and 

sound recordings in his custody.¿ 

§ 2114. Preservation of audio and visual records 

The Archivist may make and preserve audio and visual records, 

including motion-picture films, still photographs, and sound recordings, in analog, digital, or any other form, pertaining to and illustrative of the historical development of the United States Government and its activities, and provide for preparing, editing, titling, 

scoring, processing, duplicating, reproducing, exhibiting, and releasing for non-profit educational purposes, motion-picture films, still 

photographs, and sound recordings in the Archivist’s custody. 

§ 2115. Reports; correction of violations 

(a) In carrying out øtheir respective¿ the duties and responsibilities under chapters 21, 25, 29, 31, and 33 of this title, the Archivist øand the Administrator¿ may øeach¿ obtain reports from any 

Federal agency on such agency’s activities under such chapters. 

(b) When øeither¿ the Archivist øor the Administrator¿ finds 

that a provision of any such chapter has been or is being violated, 

the Archivist øor the Administrator¿ shall (1) inform in writing the 

head of the agency concerned of the violation and make recommendations for its correction; and (2) unless satisfactory corrective measures are øinaugurated¿ demonstrably commenced within 

a reasonable time, submit a written report of the matter to the 

President and the Congress. 

§ 2116. Legal status of reproductions; official seal; fees for 

copies and reproductions 

(a) When records that are required by statute to be retained indefinitely have been reproduced by photographic, microphotographic, digital, or other processes, in accordance with standards 

established by the Archivist the indefinite retention by the photographic, microphotographic, digital, or other reproductions constitutes compliance with the statutory requirement for the indefinite retention of the original records. The reproductions, as well as 

reproductions made under regulations to carry out chapter 21, 29, 

31, and 33 of this title, shall have the same legal status as the 

originals. 

* * * * * * * 

(c) The Archivist may charge a fee set to recover the costs for 

making or authenticating copies or reproductions of materials 


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transferred to øhis¿ the Archivist’s custody. Such fee shall be fixed 

by the Archivist at a level which will recover, so far as practicable, 

all elements of such costs, and may, in the Archivist’s discretion, 

include increments for the estimated replacement cost of equipment. Such fees shall be paid into, administered, and expended as 

a part of the National Archives Trust Fund. The Archivist may not 

charge for making or authenticating copies or reproductions of materials for official use by the United States Government unless appropriations available to the Archivist for this purpose are insufficient to cover the cost of performing the work. 

* * * * * * * 

CHAPTER 22—PRESIDENTIAL RECORDS 

Sec. 

2201. Definitions. 

* * * * * * * 

2208. Claims of constitutionally based privilege against disclosure. 

2209. Disclosure requirement for official business conducted using non-official electronic messaging accounts. 

§ 2201. Definitions 

As used in this chapter— 

(1) The term ‘‘documentary material’’ means all books, correspondence, ømemorandums¿ memoranda, documents, papers, pamphlets, works of art, models, pictures, photographs, 

plats, maps, films, and motion pictures, including, but not limited to, øaudio, audiovisual¿ audio and visual records, or other 

electronic or mechanical recordations, whether in analog, digital, or any other form. 

(2) The term ‘‘Presidential records’’ means documentary materials, or any reasonably segregable portion thereof, created or 

received by the President, øhis¿ the President’s immediate 

staff, or a unit or individual of the Executive Office of the 

President whose function is to øadvise and assist¿ advise or assist the President, in the course of conducting activities which 

relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of 

the President. Such term— 

(A) includes any documentary materials relating to the 

political activities of the President or members of øhis¿ the 

President’s staff, but only if such activities relate to or 

have a direct effect upon the carrying out of constitutional, 

statutory, or other official or ceremonial duties of the 

President; but 

* * * * * * * 

§ 2203. Management and custody of Presidential records 

(a) Through the implementation of records management controls 

and other necessary actions, the President shall take all such steps 

as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of øhis¿ the President’s constitutional, statutory, or other official or ceremonial duties are adequately documented and that such records are ømainVerDate Mar 15 2010 05:57 Jun 26, 2013 Jkt 029006 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\HR127.XXX HR127

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tained¿ preserved and maintained as Presidential records pursuant 

to the requirements of this section and other provisions of law. 

(b) Documentary materials produced or received by the President, øhis¿ the President’s staff, or units or individuals in the Executive Office of the President the function of which is to øadvise and 

assist¿ advise or assist the President, shall, to the extent practicable, be categorized as Presidential records or personal records 

upon their creation or receipt and be filed separately. 

(c) During øhis¿ the President’s term of office, the President may 

dispose of øthose of his Presidential records¿ those Presidential 

records of such President that no longer have administrative, historical, informational, or evidentiary value if— 

(1) * * * 

(2) the Archivist states that øhe¿ the Archivist does not intend to take any action under subsection (e) of this section. 

(d) In the event the Archivist notifies the President under subsection (c) that øhe¿ the Archivist does intend to take action under 

subsection (e), the President may dispose of such Presidential 

records if copies of the disposal schedule are submitted to the appropriate Congressional Committees at least 60 calendar days of 

continuous session of Congress in advance of the proposed disposal 

date. For the purpose of this section, continuity of session is broken 

only by an adjournment of Congress sine die, and the days on 

which either House is not in session because of an adjournment of 

more than three days to a day certain are excluded in the computation of the days in which Congress is in continuous session. 

(e) The Archivist shall request the advice of the Committee on 

Rules and Administration and the Committee on Governmental Affairs of the Senate and the Committee on House Oversight and the 

Committee on Government Operations of the House of Representatives with respect to any proposed disposal of Presidential records 

whenever øhe¿ the Archivist considers that— 

(1) * * * 

* * * * * * * 

(f) During a President’s term of office, the Archivist may maintain 

and preserve Presidential records on behalf of the President, including records in digital or electronic form. The President shall remain 

exclusively responsible for custody, control, and access to such Presidential records. The Archivist may not disclose any such records, except under direction of the President, until the conclusion of a President’s term of office, if a President serves consecutive terms upon the 

conclusion of the last term, or such other period provided for under 

section 2204 of this title. 

ø(f)¿ (g)(1) Upon the conclusion of a President’s term of office, or 

if a President serves consecutive terms upon the conclusion of the 

last term, the Archivist of the United States shall assume responsibility for the custody, control, and preservation of, and access to, 

the Presidential records of that President. The Archivist shall have 

an affirmative duty to make such records available to the public as 

rapidly and completely as possible consistent with the provisions of 

this øAct¿ chapter. 

* * * * * * * 

(3) The Archivist is authorized to dispose of such Presidential 

records which øhe¿ the Archivist has appraised and determined to 


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have insufficient administrative, historical, informational, or evidentiary value to warrant their continued preservation. Notice of 

such disposal shall be published in the Federal Register at least 60 

days in advance of the proposed disposal date. Publication of such 

notice shall constitute a final agency action for purposes of review 

under chapter 7 of title 5, United States Code. 

§ 2204. Restrictions on access to Presidential records 

(a) Prior to the conclusion of øhis¿ a President’s term of office or 

last consecutive term of office, as the case may be, the President 

shall specify durations, not to exceed 12 years, for which access 

shall be restricted with respect to information, in a Presidential 

record, within one or more of the following categories: 

(1) * * * 

* * * * * * * 

(5) confidential communications requesting or submitting advice, between the President and øhis¿ the President’s advisers, 

or between such advisers; or 

* * * * * * * 

(b)(1) Any Presidential record or reasonably segregable portion 

thereof containing information within a category restricted by the 

President under subsection (a) shall be so designated by the Archivist and access thereto shall be restricted until the earlier of— 

(A) * * * 

(B) upon a determination by the Archivist that such record 

or reasonably segregable portion thereof, or of any significant 

element or aspect of the information contained in such record 

or reasonably segregable portion thereof, has been placed in 

the public domain through publication by the former President, 

or øhis¿ the President’s agents. 

* * * * * * * 

(3) During the period of restricted access specified pursuant to 

subsection (b)(1), the determination whether access to a Presidential record or reasonably segregable portion thereof shall be restricted shall be made by the Archivist, in øhis¿ the Archivist’s discretion, after consultation with the former President, and, during 

such period, such determinations shall not be subject to judicial review, except as provided in subsection (e) of this section. The Archivist shall establish procedures whereby any person denied access 

to a Presidential record because such record is restricted pursuant 

to a determination made under this paragraph, may file an administrative appeal of such determination. Such procedures shall provide for a written determination by the Archivist or øhis designee¿ 

the Archivist’s designee, within 30 working days after receipt of 

such an appeal, setting forth the basis for such determination. 

* * * * * * * 

(d) Upon the death or disability of a President or former President, any discretion or authority the President or former President 

may have had under this chapter, except section 2208, shall be exercised by the Archivist unless otherwise previously provided by 


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the President or former President in a written notice to the Archivist. 

* * * * * * * 

(f) The Archivist shall not make available any original Presidential records to any individual claiming access to any Presidential record as a designated representative under section 2205(3) 

of this title if that individual has been convicted of a crime relating 

to the review, retention, removal, or destruction of records of the Archives. 

§ 2205. Exceptions to restricted access 

Notwithstanding any restrictions on access imposed pursuant to 

øsection 2204¿ sections 2204 and 2208 of this title— 

(1) * * * 

(2) subject to any rights, defenses, or privileges which the 

United States or any agency or person may invoke, Presidential records shall be made available— 

(A) pursuant to øsubpena¿ subpoena or other judicial 

process issued by a court of competent jurisdiction for the 

purposes of any civil or criminal investigation or proceeding; 

(B) to an incumbent President if such records contain information that is needed for the conduct of current business of øhis¿ the incumbent President’s office and that is 

not otherwise available; and 

* * * * * * * 

(3) the Presidential records of a former President shall be 

available to such former President or øhis¿ the former President’s designated representative. 

* * * * * * * 

§ 2207. Vice-Presidential records 

Vice-Presidential records shall be subject to the provisions of this 

chapter in the same manner as Presidential records. The duties 

and responsibilities of the Vice President, with respect to VicePresidential records, shall be the same as the duties and responsibilities of the President under this chapter, except section 2208, 

with respect to Presidential records. The authority of the Archivist 

with respect to Vice-Presidential records shall be the same as the 

authority of the Archivist under this chapter with respect to Presidential records, except that the Archivist may, when the Archivist 

determines that it is in the public interest, enter into an agreement 

for the deposit of Vice-Presidential records in a non-Federal archival depository. Nothing in this chapter shall be construed to authorize the establishment of separate archival depositories for such 

Vice-Presidential records. 

§ 2208. Claims of constitutionally based privilege against disclosure 

(a)(1) When the Archivist determines under this chapter to make 

available to the public any Presidential record that has not previously been made available to the public, the Archivist shall— 

(A) promptly provide notice of such determination to— 


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(i) the former President during whose term of office the 

record was created; and 

(ii) the incumbent President; and 

(B) make the notice available to the public. 

(2) The notice under paragraph (1)— 

(A) shall be in writing; and 

(B) shall include such information as may be prescribed in 

regulations issued by the Archivist. 

(3)(A) Upon the expiration of the 60-day period (excepting Saturdays, Sundays, and legal public holidays) beginning on the date the 

Archivist provides notice under paragraph (1)(A), the Archivist shall 

make available to the public the Presidential record covered by the 

notice, except any record (or reasonably segregable part of a record) 

with respect to which the Archivist receives from a former President 

or the incumbent President notification of a claim of constitutionally 

based privilege against disclosure under subsection (b). 

(B) A former President or the incumbent President may extend the 

period under subparagraph (A) once for not more than 30 additional days (excepting Saturdays, Sundays, and legal public holidays) by filing with the Archivist a statement that such an extension 

is necessary to allow an adequate review of the record. 

(C) Notwithstanding subparagraphs (A) and (B), if the 60-day period under subparagraph (A), or any extension of that period under 

subparagraph (B), would otherwise expire during the 6-month period after the incumbent President first takes office, then that 60- 

day period or extension, respectively, shall expire at the end of that 

6-month period. 

(b)(1) For purposes of this section, the decision to assert any claim 

of constitutionally based privilege against disclosure of a Presidential record (or reasonably segregable part of a record) must be 

made personally by a former President or the incumbent President, 

as applicable. 

(2) A former President or the incumbent President shall notify the 

Archivist, the Committee on Oversight and Government Reform of 

the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate of a privilege claim 

under paragraph (1) on the same day that the claim is asserted 

under such paragraph. 

(c)(1) If a claim of constitutionally based privilege against disclosure of a Presidential record (or reasonably segregable part of a 

record) is asserted under subsection (b) by a former President, the 

Archivist shall consult with the incumbent President, as soon as 

practicable during the period specified in paragraph (2)(A), to determine whether the incumbent President will uphold the claim asserted by the former President. 

(2)(A) Not later than the end of the 30-day period beginning on 

the date of which the Archivist receives notification from a former 

President of the assertion of a claim of constitutionally based privilege against disclosure, the Archivist shall provide notice to the 

former President and the public of the decision of the incumbent 

President under paragraph (1) regarding the claim. 

(B) If the incumbent President upholds the claim of privilege asserted by the former President, the Archivist shall not make the 

Presidential record (or reasonably segregable part of a record) subject to the claim publicly available unless— 


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(i) the incumbent President withdraws the decision upholding 

the claim of privilege asserted by the former President; or 

(ii) the Archivist is otherwise directed by a final court order 

that is not subject to appeal. 

(C) If the incumbent President determines not to uphold the claim 

of privilege asserted by the former President, or fails to make the 

determination under paragraph (1) before the end of the period 

specified in subparagraph (A), the Archivist shall release the Presidential record subject to the claim at the end of the 90-day period 

beginning on the date on which the Archivist received notification 

of the claim, unless otherwise directed by a court order in an action 

initiated by the former President under section 2204(e) of this title 

or by a court order in another action in any Federal court. 

(d) The Archivist shall not make publicly available a Presidential 

record (or reasonably segregable part of a record) that is subject to 

a privilege claim asserted by the incumbent President unless— 

(1) the incumbent President withdraws the privilege claim; or 

(2) the Archivist is otherwise directed by a final court order 

that is not subject to appeal. 

(e) The Archivist shall adjust any otherwise applicable time period under this section as necessary to comply with the return date 

of any congressional subpoena, judicial subpoena, or judicial process. 

§ 2209. Disclosure requirement for official business conducted 

using non-official electronic messaging accounts 

(a) IN GENERAL.—An officer or employee of an executive agency 

may not create or send a Presidential record using a non-official 

electronic messaging account unless such officer or employee— 

(1) copies an official electronic messaging account of the officer or employee in the original creation or transmission of the 

Presidential record; or 

(2) forwards a complete copy of the Presidential record to an 

official electronic messaging account of the officer or employee 

within five days after the original creation or transmission of 

the Presidential record. 

(b) ADVERSE ACTIONS.—The intentional violation of subsection (a) 

(including any rules, regulations, or other implementing guidelines), 

as determined by the appropriate supervisor, shall be a basis for 

disciplinary action in accordance with subchapter I, II, or V of 

chapter 75 of title 5, as the case may be. 

(c) DEFINITIONS.—In this section: 

(1) ELECTRONIC MESSAGES.—The term ‘‘electronic messages’’ 

means electronic mail and other electronic messaging systems 

that are used for purposes of communicating between individuals. 

(2) ELECTRONIC MESSAGING ACCOUNT.—The term ‘‘electronic 

messaging account’’ means any account that sends electronic 

messages. 

(3) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has the 

meaning given that term in section 105 of title 5. 


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CHAPTER 29—RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED STATES øAND BY THE ADMINISTRATOR OF GENERAL SERVICES¿ 

Sec. 

2901. Definitions. 

* * * * * * * 

2907. Records centers and centralized microfilming or digitization services. 

* * * * * * * 

2911. Disclosure requirement for official business conducted using non-official electronic messaging accounts. 

§ 2901. Definitions 

As used in this chapter, and chapters 21, 25, 31, and 33 of this 

title— 

(1) * * * 

* * * * * * * 

(11) the term ‘‘National Archives of the United States’’ 

means those official records which have been determined by 

the Archivist of the United States to have sufficient historical 

or other value to warrant their continued preservation by the 

Federal Government, and which have been accepted by the Archivist for deposit in øhis¿ the Archivist’s custody; 

* * * * * * * 

§ 2902. Objectives of records management 

It is the purpose of this chapter, and chapters 21, 31, and 33 of 

this title, to require the establishment of standards and procedures 

to assure efficient and effective records management. Such records 

management standards and procedures shall seek to implement the 

following goals: 

(1) * * * 

* * * * * * * 

(4) Simplification of the activities, systems, and processes of 

records øcreation and of records maintenance and use¿ creation, maintenance, transfer, and use. 

* * * * * * * 

(6) Direction of continuing attention on records from their 

initial creation to their final disposition, with particular emphasis on the prevention of unnecessary Federal paperwork 

and the transfer of records from Federal agencies to the National Archives of the United States in digital or electronic form 

to the greatest extent possible. 

(7) Establishment and maintenance of such other systems or 

techniques as øthe Administrator or¿ the Archivist considers 

necessary to carry out the purposes of this chapter, and chapters 21, 31, and 33 of this title. 

* * * * * * * 

§ 2904. General responsibilities for records management 

(a) * * * 


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(b) øThe Administrator¿ The Archivist shall provide guidance 

and assistance to Federal agencies to ensure economical and effective records management by such agencies. 

(c) In carrying out øtheir¿ the responsibilities under øsubsection 

(a) or (b), respectively¿ subsections (a) and (b), the Archivist øand 

the Administrator¿ shall øeach¿ have the responsibility— 

(1) * * * 

* * * * * * * 

(6) to conduct records management studies and, in øhis¿ the 

Archivist’s discretion, designate the heads of executive agencies 

to conduct records management studies with respect to establishing systems and techniques designed to save time and effort in records management; 

* * * * * * * 

(8) to report to the appropriate oversight and appropriations 

committees of the Congress and to the Director of the Office of 

Management and Budget in January of each year and at such 

other times as the Archivist øor the Administrator (as the case 

may be)¿ deems desirable— 

(A) * * * 

* * * * * * * 

ø(d) In addition, the Administrator, in carrying out subsection 

(b), shall have the responsibility to promote economy and efficiency 

in the selection and utilization of space, staff, equipment, and supplies for records management.¿ 

(d) The Archivist shall promulgate regulations requiring all Federal agencies to transfer all digital or electronic records to the National Archives of the United States in digital or electronic form to 

the greatest extent possible. 

§ 2905. Establishment of standards for selective retention of 

records; security measures 

(a) The Archivist shall establish standards for the selective retention of records of continuing value, and assist Federal agencies in 

applying the standards to records in their custody. øHe¿ The Archivist shall notify the head of a Federal agency of any actual, impending, or threatened unlawful removal, defacing, alteration, or 

destruction of records in the custody of the agency that shall come 

to øhis¿ the Archivist’s attention, and assist the head of the agency 

in initiating action through the Attorney General for the recovery 

of records unlawfully removed and for other redress provided by 

law. In any case in which the head of the agency does not initiate 

an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the 

Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been 

made. 

* * * * * * * 

§ 2906. Inspection of agency records 

(a)(1) In carrying out øtheir respective¿ the duties and responsibilities under this chapter, øthe Administrator of General Services and¿ the Archivist (or the ødesignee of either¿ the Archivist’s 


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designee) may inspect the records or the records management practices and programs of any Federal agency øsolely¿ for the purpose 

of rendering recommendations for the improvement of records management practices and programs and for determining whether the 

records of Federal agencies have sufficient value to warrant continued preservation or lack sufficient value to justify continued preservation. Officers and employees of such agencies shall cooperate 

fully in such inspections, subject to the provisions of paragraphs (2) 

and (3) of this subsection. 

(2) Records, the use of which is restricted by law or for reasons 

of national security or the public interest, shall be inspected, in accordance with regulations promulgated by øthe Administrator and¿ 

the Archivist, subject to the approval of the head of the agency concerned or of the President. øThe regulations promulgated by the 

Administrator and the Archivist under this paragraph shall, to the 

extent practicable, be identical.¿ 

(3) If øthe Administrator or¿ the Archivist (or the ødesignee of 

either¿ Archivist’s designee) inspects a record, as provided in this 

subsection, which is contained in a system of records which is subject to section 552a of title 5, such record shall be— 

(A) maintained by øthe Administrator, the Archivist,¿ the 

Archivist or such designee as a record contained in a system 

of records; or 

* * * * * * * 

(b) In conducting the inspection of agency records provided for in 

subsection (a) of this section, øthe Administrator and¿ the Archivist (or the ødesignee of either¿ Archivist’s designee) shall, in addition to complying with the provisions of law cited in subsection 

(a)(3), comply with all other Federal laws and be subject to the 

sanctions provided therein. 

§ 2907. Records centers and centralized microfilming or 

digitization services 

The Archivist may establish, maintain, and operate records centers and centralized microfilming or digitization services for Federal agencies. 

* * * * * * * 

§ 2911. Disclosure requirement for official business conducted 

using non-official electronic messaging accounts 

(a) IN GENERAL.—An officer or employee of an executive agency 

may not create or send a record using a non-official electronic messaging account unless such officer or employee— 

(1) copies an official electronic messaging account of the officer or employee in the original creation or transmission of the 

record; or 

(2) forwards a complete copy of the record to an official electronic messaging account of the officer or employee within five 

days after the original creation or transmission of the record. 

(b) ADVERSE ACTIONS.—The intentional violation of subsection (a) 

(including any rules, regulations, or other implementing guidelines), 

as determined by the appropriate supervisor, shall be a basis for 

disciplinary action in accordance with subchapter I, II, or V of 

chapter 75 of title 5, as the case may be. 


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(c) DEFINITIONS.—In this section: 

(1) ELECTRONIC MESSAGES.—The term ‘‘electronic messages’’ 

means electronic mail and other electronic messaging systems 

that are used for purposes of communicating between individuals. 

(2) ELECTRONIC MESSAGING ACCOUNT.—The term ‘‘electronic 

messaging account’’ means any account that sends electronic 

messages. 

(3) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has the 

meaning given that term in section 105 of title 5. 

CHAPTER 31—RECORDS MANAGEMENT BY FEDERAL 

AGENCIES 

* * * * * * * 

§ 3102. Establishment of program of management 

The head of each Federal agency shall establish and maintain an 

active, continuing program for the economical and efficient management of the records of the agency. The program, among other 

things, shall provide for 

(1) * * * 

(2) cooperation with øthe Administrator of General Services 

and¿ the Archivist in applying standards, procedures, and 

techniques designed to improve the management of records, 

promote the maintenance and security of records deemed appropriate for preservation, and facilitate the segregation and 

disposal of records of temporary value; and 

* * * * * * * 

§ 3103. Transfer of records to records centers 

When the head of a Federal agency determines that such action 

may affect substantial economies or increased operating efficiency, 

øhe¿ the head of such agency shall provide for the transfer of 

records to a records center maintained and operated by the Archivist, or, when approved by the Archivist, to a center maintained 

and operated by the head of the Federal agency. 

§ 3104. Certifications and determinations on transferred 

records 

An official of the Government who is authorized to certify to facts 

on the basis of records in øhis¿ such official’s custody, may certify 

to facts on the basis of records that have been transferred by øhim 

or his¿ such official or such official’s predecessors to the Archivist, 

and may authorize the Archivist to certify to facts and to make administrative determinations on the basis of records transferred to 

the Archivist, notwithstanding any other law. 

§ 3105. Safeguards 

The head of each Federal agency shall establish safeguards 

against the removal or loss of records øhe¿ the head of such agency 

determines to be necessary and required by regulations of the Archivist. Safeguards shall include making it known to officials and 

employees of the agency— 


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(1) * * * 

* * * * * * * 

ø§ 3106. Unlawful removal, destruction of records 

øThe head of each Federal agency shall notify the Archivist of 

any actual, impending, or threatened unlawful removal, defacing, 

alteration, or destruction of records in the custody of the agency of 

which he is the head that shall come to his attention, and with the 

assistance of the Archivist shall initiate action through the Attorney General for the recovery of records he knows or has reason to 

believe have been unlawfully removed from his agency, or from another Federal agency whose records have been transferred to his 

legal custody. In any case in which the head of the agency does not 

initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the Archivist shall request the Attorney General to initiate 

such an action, and shall notify the Congress when such a request 

has been made.¿ 

§ 3106. Unlawful removal, destruction of records 

(a) FEDERAL AGENCY NOTIFICATION.—The head of each Federal 

agency shall notify the Archivist of any actual, impending, or 

threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the 

agency, and with the assistance of the Archivist shall initiate action 

through the Attorney General for the recovery of records the head of 

the Federal agency knows or has reason to believe have been unlawfully removed from that agency, or from another Federal agency 

whose records have been transferred to the legal custody of that Federal agency. 

(b) ARCHIVIST NOTIFICATION.—In any case in which the head of 

a Federal agency does not initiate an action for such recovery or 

other redress within a reasonable period of time after being notified 

of any such unlawful action described in subsection (a), or is participating in, or believed to be participating in any such unlawful 

action, the Archivist shall request the Attorney General to initiate 

such an action, and shall notify the Congress when such a request 

has been made. 

* * * * * * * 

CHAPTER 33—DISPOSAL OF RECORDS 

Sec. 

3301. Definition of records. 

* * * * * * * 

ø3315. Definitions. 

ø3316. Establishment of Commission. 

ø3317. Duties of Commission. 

ø3318. Membership. 

ø3319. Director and staff; experts and consultants. 

ø3320. Powers of Commission. 

ø3321. Support services. 

ø3322. Report. 

ø3323. Termination. 

ø3324. Authorization of appropriations.¿ 


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ø§ 3301. Definition of records 

øAs used in this chapter, ‘‘records’’ includes all books, papers, 

maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made 

or received by an agency of the United States Government under 

Federal law or in connection with the transaction of public business 

and preserved or appropriate for preservation by that agency or its 

legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the 

Government or because of the informational value of data in them. 

Library and museum material made or acquired and preserved 

solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of 

publications and of processed documents are not included.¿ 

§ 3301. Definition of records 

(a) RECORDS DEFINED.— 

(1) IN GENERAL.—As used in this chapter, the term 

‘‘records’’— 

(A) includes all recorded information, regardless of form 

or characteristics, made or received by a Federal agency 

under Federal law or in connection with the transaction of 

public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence 

of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States 

Government or because of the informational value of data 

in them; and 

(B) does not include— 

(i) library and museum material made or acquired 

and preserved solely for reference or exhibition purposes; or 

(ii) duplicate copies of records preserved only for convenience. 

(2) RECORDED INFORMATION DEFINED.—For purposes of paragraph (1), the term ‘‘recorded information’’ includes all traditional forms of records, regardless of physical form or characteristics, including information created, manipulated, communicated, or stored in digital or electronic form. 

(b) DETERMINATION OF DEFINITION.—The Archivist’s determination whether recorded information, regardless of whether it exists in 

physical, digital, or electronic form, is a record as defined in subsection (a) shall be binding on all Federal agencies. 

§ 3302. Regulations covering lists of records for disposal, 

procedure for disposal, and standards for reproduction 

The Archivist shall promulgate regulations, not inconsistent with 

this chapter, establishing— 

(1) procedures for the compiling and submitting to øhim¿ the 

Archivist of lists and schedules of records proposed for disposal, 

* * * * * * * 

(3) standards for the reproduction of records by øphotographic or microphotographic processes¿ photographic, microVerDate Mar 15 2010 05:57 Jun 26, 2013 Jkt 029006 PO 00000 Frm 00025 Fmt 6659 Sfmt 6602 E:\HR\OC\HR127.XXX HR127

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photographic, or digital processes with a view to the disposal 

of the original records. 

§ 3303. Lists and schedules of records to be submitted to the 

Archivist by head of each Government agency 

The head of each agency of the United States Government shall 

submit to the Archivist, under regulations promulgated as provided 

by section 3302 of this title— 

(1) lists of any records in the custody of the agency that have 

been øphotographed or microphotographed¿ photographed, 

microphotographed, or digitized under the regulations and 

that, as a consequence, do not appear to have sufficient value 

to warrant their further preservation by the Government; 

* * * * * * * 

§ 3303a. Examination by Archivist of lists and schedules of 

records lacking preservation value; disposal of 

records 

(a) The Archivist shall examine the lists and schedules submitted 

to øhim¿ the Archivist under section 3303 of this title. If the Archivist determines that any of the records listed in a list or schedule 

submitted to øhim¿ the Archivist do not, or will not after the lapse 

of the period specified, have sufficient administrative, legal, research, or other value to warrant their continued preservation by 

the Government, øhe¿ the Archivist may, after publication of notice 

in the Federal Register and an opportunity for interested persons 

to submit comment thereon— 

(1) * * * 

* * * * * * * 

(c) The Archivist may request advice and counsel from øthe Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives¿ the 

Committee on Oversight and Government Reform of the House of 

Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate with respect to the disposal of any 

particular records under this chapter whenever øhe¿ the Archivist 

considers that— 

(1) * * * 

* * * * * * * 

(e) The Archivist may approve and effect the disposal of records 

that are in øhis¿ the Archivist’s legal custody, provided that records 

that had been in the custody of another existing agency may not 

be disposed of without the written consent of the head of the agency. 

(f) The Archivist shall make an annual report to the Congress 

concerning the disposal of records under this chapter, including 

general descriptions of the types of records disposed of and such 

other information as øhe¿ the Archivist considers appropriate to 

keep the Congress fully informed regarding the disposal of records 

under this chapter. 

* * * * * * * 


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§ 3312. Photographs or microphotographs of records considered as originals; certified reproductions admissible in evidence 

øPhotographs or microphotographs of records¿ Photographs, 

microphotographs of records, or digitized records made in compliance with regulations under section 3302 of this title shall have the 

same effect as the originals and shall be treated as originals for the 

purpose of their admissibility in evidence. Certified or authenticated reproductions of the øphotographs or microphotographs¿ photographs, microphotographs, or digitized records shall be admitted 

in evidence equally with the original øphotographs or microphotographs¿ photographs, microphotographs, or digitized records. 

* * * * * * * 

ø§ 3315. Definitions 

øFor purposes of this section and section 3316 through section 

3324 of this title— 

ø(1) the term ‘‘Federal official’’ means any individual holding 

the office of President or Vice President of the United States, 

or Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States, or any officer 

of the executive, judicial, or legislative branch of the Federal 

Government; 

ø(2) the term ‘‘Commission’’ means the National Study Commission on Records and Documents of Federal Officials; and 

ø(3) the term ‘‘records and documents’’ shall include handwritten and typewritten documents, motion pictures, television 

tapes and recordings, magnetic tapes, automated data processing documentation in various forms, and other records that 

reveal the history of the Nation. 

ø§ 3316. Establishment of Commission 

øThere is established a commission to be known as the National 

Study Commission on Records and Documents of Federal Officials. 

ø§ 3317. Duties of Commission 

øIt shall be the duty of the Commission to study problems and 

questions with respect to the control, disposition, and preservation 

of records and documents produced by or on behalf of Federal officials, with a view toward the development of appropriate legislative 

recommendations and other recommendations regarding appropriate rules and procedures with respect to such control, disposition, and preservation. Such study shall include consideration of— 

ø(1) whether the historical practice regarding the records 

and documents produced by or on behalf of Presidents of the 

United States should be rejected or accepted and whether such 

practice should be made applicable with respect to all Federal 

officials; 

ø(2) the relationship of the findings of the Commission to the 

provisions of chapter 19 of this title, section 2101 through section 2108 of this title, and other Federal laws relating to the 

control, disposition, and preservation of records and documents 

of Federal officials; 


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ø(3) whether the findings of the Commission should affect 

the control, disposition, and preservation of records and documents of agencies within the Executive Office of the President 

created for short-term purposes by the President; 

ø(4) the recordkeeping procedures of the White House Office, 

with a view toward establishing means to determine which 

records and documents are produced by or on behalf of the 

President; 

ø(5) the nature of rules and procedures which should apply 

to the control, disposition, and preservation of records and documents produced by Presidential task forces, commissions, and 

boards; 

ø(6) criteria which may be used generally in determining the 

scope of materials which should be considered to be the records 

and documents of Members of the Congress; 

ø(7) the privacy interests of individuals whose communications with Federal officials, and with task forces, commissions, 

and boards, are a part of the records and documents produced 

by such officials, task forces, commissions, and boards; and 

ø(8) any other problems, questions, or issues which the Commission considers relevant to carrying out its duties under section 3315 through section 3324 of this title. 

ø§ 3318. Membership 

ø(a)(1) The Commission shall be composed of seventeen members 

as follows: 

ø(A) one Member of the House of Representatives appointed 

by the Speaker of the House upon recommendation made by 

the majority leader of the House; 

ø(B) one Member of the House of Representatives appointed 

by the Speaker of the House upon recommendation made by 

the minority leader of the House; 

ø(C) one Member of the Senate appointed by the President 

pro tempore of the Senate upon recommendation made by the 

majority leader of the Senate; 

ø(D) one Member of the Senate appointed by the President 

pro tempore of the Senate upon recommendation made by the 

minority leader of the Senate; 

ø(E) one member of the Federal judiciary appointed by the 

Chief Justice of the United States; 

ø(F) one person employed by the Executive Office of the 

President or the White House Office, appointed by the President; 

ø(G) three appointed by the President, by and with the advice and consent of the Senate, from persons who are not officers or employees of any government and who are specially 

qualified to serve on the Commission by virtue of their education, training, or experience; 

ø(H) one representative of the Department of State, appointed by the Secretary of State; 

ø(I) one representative of the Department of Defense, appointed by the Secretary of Defense; 

ø(J) one representative of the Department of Justice, appointed by the Attorney General; 

ø(K) the Administrator of General Services (or his delegate); 


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ø(L) the Librarian of Congress; 

ø(M) one member of the American Historical Association, appointed by the counsel of such Association; 

ø(N) one member of the Society of American Archivists, appointed by such Society; and 

ø(O) one member of the Organization of American Historians, appointed by such Organization. 

ø(2) No more than two members appointed under paragraph 

(1)(G) may be of the same political party. 

ø(b) A vacancy in the Commission shall be filled in the manner 

in which the original appointment was made. 

ø(c) If any member of the Commission who was appointed to the 

Commission as a Member of the Congress leave such office, or if 

any member of the Commission who was appointed from persons 

who are not officers or employees of any government becomes an 

officer or employee of a government, he may continue as a member 

of the Commission for no longer than the sixty-day period beginning on the date he leaves such office or becomes such an officer 

or employee, as the case may be. 

ø(d) Members shall be appointed for the life of the Commission. 

ø(e)(1) Members of the Commission shall serve without pay. 

ø(2) While away from their homes or regular places of business 

in the performance of services for the Commission, members of the 

Commission shall be allowed travel expenses in the same manner 

as persons employed intermittently in the service of the Federal 

Government are allowed expenses under section 5703 of title 5, 

United States Code, except that per diem in lieu of subsistence 

shall be paid only to those members of the Commission who are not 

full-time officers or employees of the United States or Members of 

the Congress. 

ø(f) The Chairman of the Commission shall be designated by the 

President from among members appointed under subsection 

(a)(1)(G). 

ø(g) The Commission shall meet at the call of the Chairman or 

a majority of its members. 

ø§ 3319. Director and staff; experts and consultants 

ø(a) The Commission shall appoint a Director who shall be paid 

at a rate not to exceed the rate of basic pay in effect for level V 

of the Executive Schedule (5 U.S.C. 5316). 

ø(b) The Commission may appoint and fix the pay of such additional personnel as it deems necessary. 

ø(c)(1) The Commission may procure temporary and intermittent 

services to the same extent as is authorized by section 3109(b) of 

title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect 

for grade GS–15 of the General Schedule (5 U.S.C. 5332). 

ø(2) In procuring services under this subsection, the Commission 

shall seek to obtain the advice and assistance of constitutional 

scholars and members of the historical, archival, and journalistic 

professions. 

ø(d) Upon request of the Commission, the head of any Federal 

agency is authorized to detail, on a reimbursable basis, any of the 

personnel of such agency to the Commission to assist it in carrying 

out its duties under sections 3315 through 3324 of this title. 


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ø§ 3320. Powers of Commission 

ø(a) The Commission may, for the purpose of carrying out its duties under sections 3315 through 3324 of this title, hold such hearings, sit and act at such times and places, take such testimony, and 

receive such evidence, as the Commission may deem desirable. 

ø(b) When so authorized by the Commission, any member or 

agent of the Commission may take any action which the Commission is authorized to take by this section. 

ø(c) The Commission may secure directly from any department 

or agency of the United States information necessary to enable the 

Commission to carry out its duties under section 3315 through section 3324 of this title. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such 

information to the Commission. 

ø§ 3321. Support services 

ø(a) The Administrator of General Services shall provide to the 

Commission on a reimbursable basis such administrative support 

services and assistance as the Commission may request. 

ø(b) The Archivist of the United States shall provide to the Commission on a reimbursable basis such technical and expert advice, 

consultation, and support assistance as the Commission may request. 

ø§ 3322. Report 

øThe Commission shall transmit to the President and to each 

House of the Congress a report not later than March 31, 1977. 

Such report shall contain a detailed statement of the findings and 

conclusions of the Commission, together with its recommendations 

for such legislation, administrative actions, and other actions, as it 

deems appropriate. 

ø§ 3323. Termination 

øThe Commission shall cease to exist sixty days after transmitting its report under section 3322 of this title. 

ø§ 3324. Authorization of appropriations 

øThere is authorized to be appropriated such sums as may be 

necessary to carry out section 3315 through section 3324 of this 

title.¿ 

* * * * * * * 

Æ 


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