H. R. 1233 

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and fourteen 

An Act 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Presidential 

and Federal Records Act Amendments of 2014’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Presidential records. 

Sec. 3. National Archives and Records Administration. 

Sec. 4. Records management by Federal agencies. 

Sec. 5. Disposal of records. 

Sec. 6. Procedures to prevent unauthorized removal of classified records from National Archives. 

Sec. 7. Repeal of provisions related to the National Study Commission on Records 

and Documents of Federal Officials. 

Sec. 8. Pronoun amendments. 

Sec. 9. Records management by the Archivist. 

Sec. 10. Disclosure requirement for official business conducted using non-official 

electronic messaging account. 

SEC. 2. PRESIDENTIAL RECORDS. 

(a) PROCEDURES FOR CONSIDERATION OF CLAIMS OF CONSTITU- TIONALLY BASED PRIVILEGE AGAINST DISCLOSURE.— (1) AMENDMENT.—Chapter 22 of title 44, United States 

Code, is amended by adding at the end the following: 

‘‘§ 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— 

‘‘(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. 
H. R. 1233—2 

‘‘(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 on 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— 

‘‘(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 
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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.’’. 

(2) CONFORMING AMENDMENTS.—(A) Section 2204(d) of title 

44, United States Code, is amended by inserting ‘‘, except 

section 2208,’’ after ‘‘chapter’’. 

(B) Section 2205 of title 44, United States Code, is 

amended— 

(i) in the matter preceding paragraph (1), by striking 

‘‘section 2204’’ and inserting ‘‘sections 2204 and 2208 of 

this title’’; and 

(ii) in paragraph (2)(A), by striking ‘‘subpena’’ and 

inserting ‘‘subpoena’’. 

(C) Section 2207 of title 44, United States Code, is amended 

in the second sentence by inserting ‘‘, except section 2208,’’ 

after ‘‘chapter’’. 

(3) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 22 of title 44, United States Code, is 

amended by adding at the end the following: 

‘‘2208. Claims of constitutionally based privilege against disclosure.’’. 

(4) RULE OF CONSTRUCTION.—Nothing in the amendment 

made by paragraph (2)(C) shall be construed to— 

(A) affect the requirement of section 2207 of title 44, 

United States Code, that Vice Presidential records shall 

be subject to chapter 22 of that title in the same manner 

as Presidential records; or 

(B) affect any claim of constitutionally based privilege 

by a President or former President with respect to a Vice 

Presidential record. 

(b) DEFINITIONS.—Section 2201 of title 44, United States Code, 

is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘memorandums’’ and inserting ‘‘memoranda’’; 

(B) by striking ‘‘audio, audiovisual’’ and inserting 

‘‘audio and visual records’’; and 

(C) by inserting ‘‘, whether in analog, digital, or any 

other form’’ after ‘‘mechanical recordations’’; and 

(2) in paragraph (2), by striking ‘‘advise and assist’’ and 

inserting ‘‘advise or assist’’. 
H. R. 1233—4 

(c) MANAGEMENT AND CUSTODY OF PRESIDENTIAL RECORDS.— 

Section 2203 of title 44, United States Code, is amended— 

(1) in subsection (a), by striking ‘‘maintained’’ and inserting 

‘‘preserved and maintained’’; 

(2) in subsection (b), by striking ‘‘advise and assist’’ and 

inserting ‘‘advise or assist’’; 

(3) by redesignating subsection (f) as subsection (g); 

(4) by inserting after subsection (e) the following new subsection: 

‘‘(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.’’; and 

(5) in subsection (g)(1), as so redesignated, by striking 

‘‘Act’’ and inserting ‘‘chapter’’. 

(d) RESTRICTIONS ON ACCESS TO PRESIDENTIAL RECORDS.—Section 2204 of title 44, United States Code, is amended by adding 

at the end the following new subsection: 

‘‘(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.’’. 

(e) DISCLOSURE REQUIREMENT FOR OFFICIAL BUSINESS CON- DUCTED 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.—The President, the Vice President, or a covered employee may not create or send a Presidential or Vice Presidential record using a non-official electronic message account unless 

the President, Vice President, or covered employee— 

‘‘(1) copies an official electronic messaging account of the 

President, Vice President, or covered employee in the original 

creation or transmission of the Presidential record or Vice 

Presidential record; or 

‘‘(2) forwards a complete copy of the Presidential or Vice 

Presidential record to an official electronic messaging account 

of the President, Vice President, or covered employee not later 

than 20 days after the original creation or transmission of 

the Presidential or Vice Presidential record. 

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

(a) by a covered employee (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. 
H. R. 1233—5 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) COVERED EMPLOYEE.—The term ‘covered employee’ 

means— 

‘‘(A) the immediate staff of the President; 

‘‘(B) the immediate staff of the Vice President; 

‘‘(C) a unit or individual of the Executive Office of 

the President whose function is to advise and assist the 

President; and 

‘‘(D) a unit or individual of the Office of the Vice 

President whose function is to advise and assist the Vice 

President. 

‘‘(2) ELECTRONIC MESSAGES.—The term ‘electronic messages’ means electronic mail and other electronic messaging 

systems that are used for purposes of communicating between 

individuals. 

‘‘(3) ELECTRONIC MESSAGING ACCOUNT.—The term ‘electronic messaging account’ means any account that sends electronic messages.’’. 

(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 non-official electronic messaging accounts.’’. 

SEC. 3. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. 

(a) ACCEPTANCE OF RECORDS FOR HISTORICAL PRESERVATION.— 

Section 2107 of title 44, United States Code, is amended to read 

as follows: 

‘‘§ 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 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 
H. R. 1233—6 

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.’’. 

(b) MATERIAL ACCEPTED FOR DEPOSIT.—Section 2111 of title 

44, United States Code, is amended to read as follows: 

‘‘§ 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. 

‘‘(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.’’. 

(c) PRESERVATION OF AUDIO AND VISUAL RECORDS.— 

(1) IN GENERAL.—Section 2114 of title 44, United States 

Code, is amended to read as follows: 

‘‘§ 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.’’. 

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

beginning of chapter 21 of title 44, United States Code, is 

amended by striking the item for section 2114 and inserting 

the following: 

‘‘2114. Preservation of audio and visual records.’’. 

(d) LEGAL STATUS OF REPRODUCTIONS; OFFICIAL SEAL; FEES

FOR COPIES AND REPRODUCTIONS.—Section 2116(a) of title 44, 
H. R. 1233—7 

United States Code, is amended by inserting ‘‘digital,’’ after ‘‘microphotographic,’’, each place it appears. 

SEC. 4. RECORDS MANAGEMENT BY FEDERAL AGENCIES. 

Section 3106 of title 44, United States Code, is amended to 

read as follows: 

‘‘§ 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.’’. 

SEC. 5. DISPOSAL OF RECORDS. 

(a) DEFINITION OF RECORDS.—Section 3301 of title 44, United 

States Code, is amended to read as follows: 

‘‘§ 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 
H. R. 1233—8 

exists in physical, digital, or electronic form, is a record as defined 

in subsection (a) shall be binding on all Federal agencies.’’. 

(b) REGULATIONS COVERING LISTS OF RECORDS FOR DISPOSAL, 

PROCEDURE FOR DISPOSAL, AND STANDARDS FOR REPRODUCTION.— 

Section 3302(3) of title 44, United States Code, is amended by 

striking ‘‘photographic or microphotographic processes’’ and 

inserting ‘‘photographic, microphotographic, or digital processes’’. 

(c) LISTS AND SCHEDULES OF RECORDS TO BE SUBMITTED TO

THE ARCHIVIST BY HEAD OF EACH GOVERNMENT AGENCY.—Section 

3303(1) of title 44, United States Code, is amended by striking 

‘‘photographed or microphotographed’’ and inserting ‘‘photographed, 

microphotographed, or digitized’’. 

(d) EXAMINATION BY ARCHIVIST OF LISTS AND SCHEDULES OF

RECORDS LACKING PRESERVATION VALUE; DISPOSAL OF RECORDS.— 

Section 3303a(c) of title 44, United States Code, is amended by 

striking ‘‘the Committee on Rules and Administration of the Senate 

and the Committee on House Oversight of the House of Representatives’’ and inserting ‘‘the Committee on Oversight and Government 

Reform of the House of Representatives and the Committee on 

Homeland Security and Governmental Affairs of the Senate’’. 

(e) PHOTOGRAPHS OR MICROPHOTOGRAPHS OF RECORDS CONSIDERED AS ORIGINALS; CERTIFIED REPRODUCTIONS ADMISSIBLE IN EVIDENCE.—Section 3312 of title 44, United States Code, is amended— 

(1) in the first sentence, by striking ‘‘Photographs or microphotographs of records’’ and inserting ‘‘Photographs, microphotographs of records, or digitized records’’; and 

(2) in the second sentence, by striking ‘‘photographs or 

microphotographs’’ and inserting ‘‘photographs, microphotographs, or digitized records’’, each place it appears. 

SEC. 6. PROCEDURES TO PREVENT UNAUTHORIZED REMOVAL OF 

CLASSIFIED RECORDS FROM NATIONAL ARCHIVES. 

(a) CLASSIFIED RECORDS.—Not later than 90 days after the 

date of the enactment of this Act, the Archivist shall prescribe 

internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration 

or the destruction or damage of such records, including when such 

records are accessed or searched electronically. Such procedures 

shall include, at a minimum, the following prohibitions: 

(1) An individual, other than covered personnel, may not 

view classified records in any room that is not secure, except 

in the presence of National Archives and Records Administration personnel or under video surveillance. 

(2) An individual, other than covered personnel, may not 

be left alone with classified records, unless that individual 

is under video surveillance. 

(3) An individual, other than covered personnel, may not 

review classified records while possessing any cellular phone, 

electronic personal communication device, or any other devices 

capable of photographing, recording, or transferring images 

or content. 

(4) An individual seeking access to review classified records, 

as a precondition to such access, must consent to a search 

of their belongings upon conclusion of their records review. 

(5) All notes and other writings prepared by an individual, 

other than covered personnel, during the course of a review 

of classified records shall be retained by the National Archives 
H. R. 1233—9 

and Records Administration in a secure facility until such notes 

and other writings are determined to be unclassified, are declassified, or are securely transferred to another secure facility. 

(b) DEFINITIONS.—In this section: 

(1) COVERED PERSONNEL.—The term ‘‘covered personnel’’ 

means any individual— 

(A) who has an appropriate and necessary reason for 

accessing classified records, as determined by the Archivist; 

and 

(B) who is either— 

(i) an officer or employee of the United States 

Government with appropriate security clearances; or 

(ii) any personnel with appropriate security clearances of a Federal contractor authorized in writing 

to act for purposes of this section by an officer or 

employee of the United States Government. 

(2) RECORDS.—The term ‘‘records’’ has the meaning given 

that term under section 3301 of title 44, United States Code. 

SEC. 7. REPEAL OF PROVISIONS RELATED TO THE NATIONAL STUDY 

COMMISSION ON RECORDS AND DOCUMENTS OF FEDERAL 

OFFICIALS. 

(a) IN GENERAL.—Sections 3315 through 3324 of title 44, United 

States Code, are repealed. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 33 of title 44, United States Code, is amended 

by striking the items relating to sections 3315 through 3324. 

SEC. 8. PRONOUN AMENDMENTS. 

Title 44, United States Code, is amended— 

(1) in section 2116(c), by striking ‘‘his’’ and inserting ‘‘the 

Archivist’s’’; 

(2) in section 2201(2), by striking ‘‘his’’ and inserting ‘‘the 

President’s’’, each place it appears; 

(3) in section 2203— 

(A) in subsection (a), by striking ‘‘his’’ and inserting 

‘‘the President’s’’; 

(B) in subsection (b), by striking ‘‘his’’ and inserting 

‘‘the President’s’’; 

(C) in subsection (c)— 

(i) in the matter preceding paragraph (1)— 

(I) by striking ‘‘his’’ and inserting ‘‘the President’s’’; and 

(II) by striking ‘‘those of his Presidential 

records’’ and inserting ‘‘those Presidential records 

of such President’’; and 

(ii) in paragraph (2), by striking ‘‘he’’ and inserting 

‘‘the Archivist’’; 

(D) in subsection (d), by striking ‘‘he’’ and inserting 

‘‘the Archivist’’; 

(E) in subsection (e), by striking ‘‘he’’ and inserting 

‘‘the Archivist’’; and 

(F) in subsection (g), as so redesignated, by striking 

‘‘he’’ and inserting ‘‘the Archivist’’; 

(4) in section 2204— 

(A) in subsection (a)— 

(i) in the matter preceding paragraph (1), by 

striking ‘‘his’’ and inserting ‘‘a President’s’’; and 
H. R. 1233—10 

(ii) in paragraph (5), by striking ‘‘his’’ and inserting 

‘‘the President’s’’; and 

(B) in subsection (b)— 

(i) in paragraph (1)(B), by striking ‘‘his’’ and 

inserting ‘‘the President’s’’; and 

(ii) in paragraph (3)— 

(I) by striking ‘‘his’’ the first place it appears 

and inserting ‘‘the Archivist’s’’; and 

(II) by striking ‘‘his designee’’ and inserting 

‘‘the Archivist’s designee’’; 

(5) in section 2205— 

(A) in paragraph (2)(B), by striking ‘‘his’’ and inserting 

‘‘the incumbent President’s’’; and 

(B) in paragraph (3), by striking ‘‘his’’ and inserting 

‘‘the former President’s’’; 

(6) in section 2901(11), by striking ‘‘his’’ and inserting 

‘‘the Archivist’s’’; 

(7) in section 2904(c)(6), by striking ‘‘his’’ and inserting 

‘‘the Archivist’s’’; 

(8) in section 2905(a)— 

(A) by striking ‘‘He’’ and inserting ‘‘The Archivist’’; 

and 

(B) by striking ‘‘his’’ and inserting ‘‘the Archivist’s’’; 

(9) in section 3103, by striking ‘‘he’’ and inserting ‘‘the 

head of such agency’’; 

(10) in section 3104— 

(A) by striking ‘‘his’’ the first place it appears and 

inserting ‘‘such official’s’’; and 

(B) by striking ‘‘him or his’’ and inserting ‘‘such official 

or such official’s’’; 

(11) in section 3105, by striking ‘‘he’’ and inserting ‘‘the 

head of such agency’’; 

(12) in section 3302(1), by striking ‘‘him’’ and inserting 

‘‘the Archivist’’; and 

(13) in section 3303a— 

(A) in subsection (a)— 

(i) by striking ‘‘him’’ and inserting ‘‘the Archivist’’, 

each place it appears; and 

(ii) by striking ‘‘he’’ and inserting ‘‘the Archivist’’; 

(B) in subsection (c), by striking ‘‘he’’ and inserting 

‘‘the Archivist’’; 

(C) in subsection (e), by striking ‘‘his’’ and inserting 

‘‘the Archivist’s’’; and 

(D) in subsection (f), by striking ‘‘he’’ and inserting 

‘‘the Archivist’’. 

SEC. 9. RECORDS MANAGEMENT BY THE ARCHIVIST. 

(a) OBJECTIVES OF RECORDS MANAGEMENT.—Section 2902 of 

title 44, United States Code, is amended— 

(1) in paragraph (4), by striking ‘‘creation and of records 

maintenance and use’’ and inserting ‘‘creation, maintenance, 

transfer, and use’’; 

(2) in paragraph (6), by inserting after ‘‘Federal paperwork’’ 

the following: ‘‘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’’; and 

(3) in paragraph (7), by striking ‘‘the Administrator or’’. 
H. R. 1233—11 

(b) RECORDS CENTERS AND CENTRALIZED MICROFILMING SERVICES.— 

(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’’. 

(c) GENERAL RESPONSIBILITIES FOR RECORDS MANAGEMENT.— 

Section 2904 of title 44, United States Code, is amended— 

(1) in subsection (b), by striking ‘‘The Administrator’’ and 

inserting ‘‘The Archivist’’; 

(2) in subsection (c)— 

(A) in the matter preceding paragraph (1)— 

(i) by striking ‘‘their’’ and inserting ‘‘the’’; 

(ii) by striking ‘‘subsection (a) or (b), respectively’’ 

and inserting ‘‘subsections (a) and (b)’’; 

(iii) by striking ‘‘and the Administrator’’; and 

(iv) by striking ‘‘each’’; and 

(B) in paragraph (8), by striking ‘‘or the Administrator 

(as the case may be)’’; and 

(3) subsection (d) is amended to read as follows: 

‘‘(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.’’. 

(d) INSPECTION OF AGENCY RECORDS.—Section 2906 of title 

44, United States Code, is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) by striking ‘‘their respective’’ and inserting 

‘‘the’’; 

(ii) by striking ‘‘the Administrator of General Services and’’; 

(iii) by striking ‘‘designee of either’’ and inserting 

‘‘the Archivist’s designee’’; 

(iv) by striking ‘‘solely’’; and 

(v) by inserting after ‘‘for the improvement of 

records management practices and programs’’ the following: ‘‘and for determining whether the records of 

Federal agencies have sufficient value to warrant 

continued preservation or lack sufficient value to justify continued preservation’’; 

(B) in paragraph (2)— 

(i) by striking ‘‘the Administrator and’’; and 

(ii) by striking the second sentence; and 

(C) in paragraph (3)— 

(i) in the matter preceding subparagraph (A)— 

(I) by striking ‘‘the Administrator or’’; and 

(II) by striking ‘‘designee of either’’ and 

inserting ‘‘Archivist’s designee’’; and 

(ii) in subparagraph (A), by striking ‘‘the Administrator, the Archivist,’’ and inserting ‘‘the Archivist’’; 

and 
H. R. 1233—12 

(2) in subsection (b)— 

(A) by striking ‘‘the Administrator and’’; and 

(B) by striking ‘‘designee of either’’ and inserting 

‘‘Archivist’s designee’’. 

(e) REPORTS; CORRECTION OF VIOLATIONS.—Section 2115 of title 

44, United States Code, is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘their respective’’ and inserting ‘‘the’’; 

(B) by striking ‘‘and the Administrator’’; and 

(C) by striking ‘‘each’’; and 

(2) in subsection (b)— 

(A) by striking ‘‘either’’; 

(B) by striking ‘‘or the Administrator’’, each place it 

appears; and 

(C) by striking ‘‘inaugurated’’ and inserting ‘‘demonstrably commenced’’. 

(f) RECORDS MANAGEMENT BY THE ARCHIVIST.— 

(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’’. 

(g) ESTABLISHMENT OF PROGRAM OF MANAGEMENT.—Section 

3102(2) of title 44, United States Code, is amended by striking 

‘‘the Administrator of General Services and’’. 

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 not 

later than 20 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. 
H. R. 1233—13 

‘‘(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.’’. 

(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 non-official electronic messaging accounts.’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.