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 sub-
section: 
‘‘(f) During a President’s term of office, the Archivist may 
maintain and preserve Presidential records on behalf of the Presi-
dent, 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.—Sec-
tion 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 Presi-
dential 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 con-
ducted using non-official electronic messaging 
accounts 
‘‘(a) IN GENERAL.—The President, the Vice President, or a cov-
ered employee may not create or send a Presidential or Vice Presi-
dential 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 mes-
sages’ means electronic mail and other electronic messaging 
systems that are used for purposes of communicating between 
individuals. 
‘‘(3) ELECTRONIC
MESSAGING
ACCOUNT.—The term ‘elec-
tronic messaging account’ means any account that sends elec-
tronic 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 elec-
tronic 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 organiza-
tion, 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 ‘‘micro-
photographic,’’, 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 threat-
ened 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 trans-
action 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 pur-
poses; 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 tradi-
tional forms of records, regardless of physical form or character-
istics, including information created, manipulated, commu-
nicated, or stored in digital or electronic form. 
‘‘(b) DETERMINATION
OF DEFINITION.—The Archivist’s deter-
mination 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 Representa-
tives’’ 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 CONSID-
ERED AS ORIGINALS; CERTIFIED REPRODUCTIONS ADMISSIBLE IN EVI-
DENCE.—Section 3312 of title 44, United States Code, is amended— 
(1) in the first sentence, by striking ‘‘Photographs or micro-
photographs of records’’ and inserting ‘‘Photographs, micro-
photographs of records, or digitized records’’; and 
(2) in the second sentence, by striking ‘‘photographs or 
microphotographs’’ and inserting ‘‘photographs, microphoto-
graphs, 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 classi-
fied 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 Administra-
tion 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 declas-
sified, 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 clear-
ances 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 begin-
ning 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 Presi-
dent’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 SERV-
ICES.— 
(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 Serv-
ices 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 fol-
lowing: ‘‘and for determining whether the records of 
Federal agencies have sufficient value to warrant 
continued preservation or lack sufficient value to jus-
tify 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 Adminis-
trator, 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 ‘‘demon-
strably 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 CON-
DUCTED 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 con-
ducted 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 guide-
lines), 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 mes-
sages’ 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 ‘elec-
tronic messaging account’ means any account that sends elec-
tronic 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 begin-
ning 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 elec-
tronic messaging accounts.’’. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.