(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 
(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)— 
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(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 des-
ignee’’; 
(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 in-
serting ‘‘the head of such agency’’; 
(10) in section 3104— 
(A) by striking ‘‘his’’ the first place it ap-
pears and inserting ‘‘such official’s’’; and 
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(B) by striking ‘‘him or his’’ and inserting 
‘‘such official or such official’s’’; 
(11) in section 3105, by striking ‘‘he’’ and in-
serting ‘‘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.—Sec-
tion 2902 of title 44, United States Code, is amended— 
(1) in paragraph (4), by striking ‘‘creation and 
of records maintenance and use’’ and inserting ‘‘cre-
ation, maintenance, transfer, and use’’; 
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(2) in paragraph (6), by inserting after ‘‘Fed-
eral paperwork’’ the following: ‘‘and the transfer of 
records from Federal agencies to the National Ar-
chives of the United States in digital or electronic 
form to the greatest extent possible’’; and 
(3) in paragraph (7), by striking ‘‘the Adminis-
trator or’’. 
(b) RECORDS CENTERS AND CENTRALIZED MICRO-
FILMING SERVICES.—Section 2907 of title 44, United 
States Code, is amended— 
(1) in the subject heading by inserting ‘‘or 
digitization’’ after ‘‘microfilming’’; and 
(2) by inserting ‘‘or digitization’’ after ‘‘micro-
filming’’. 
(b) RECORDS CENTERS AND CENTRALIZED MICRO-
FILMING 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 sec-
tions at the beginning of chapter 29 of title 44, 
United States Code, is amended in the item relating 
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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 Adminis-
trator’’ 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 Adminis-
trator’’; 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 fol-
lows: 
‘‘(d) The Archivist shall promulgate regulations re-
quiring all Federal agencies to transfer all digital or elec-
tronic records to the National Archives of the United 
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(ii) by striking the second sentence; 
and 
(C) in paragraph (3)— 
(i) in the matter preceding subpara-
graph (A)— 
(I) by striking ‘‘the Adminis-
trator or’’; and 
(II) by striking ‘‘designee of ei-
ther’’ and inserting ‘‘Archivist’s des-
ignee’’; and 
(ii) in subparagraph (A), by striking 
‘‘the Administrator, the Archivist,’’ and in-
serting ‘‘the Archivist’’; and 
(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.—Sec-
tion 2115 of title 44, United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘their respective’’ and in-
serting ‘‘the’’; 
(B) by striking ‘‘and the Administrator’’; 
and 
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(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 insert-
ing ‘‘demonstrably commenced’’. 
(f) RECORDS MANAGEMENT BY THE ARCHIVIST.— 
The heading for chapter 29 of title 44, United States 
Code, is amended by striking ‘‘AND BY THE ADMIN-
ISTRATOR OF GENERAL SERVICES’’. 
(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 Serv-
ices’’. 
(g) ESTABLISHMENT
OF PROGRAM
OF MANAGE-
MENT.—Section 3102(2) of title 44, United States Code, 
is amended by striking ‘‘the Administrator of General 
Services and’’. 
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SEC. 10. DISCLOSURE REQUIREMENT FOR OFFICIAL BUSI-
NESS 
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 exec-
utive 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 ac-
count of the officer or employee in the original cre-
ation 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 ac-
cordance 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 ‘elec-
tronic messages’ means electronic mail and other elec-
tronic messaging systems that are used for purposes 
of communicating between individuals. 
‘‘(2) ELECTRONIC
MESSAGING
ACCOUNT.—The 
term ‘electronic messaging account’ means any ac-
count 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.’’. 
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Union Calendar No. 92 
113TH CONGRESS 
1ST SESSION 
H. R. 1233 
[Report No. 113–127] 
A BILL 
To amend chapter 22 of title 44, United States 
Code, popularly known as the Presidential 
Records Act, to establish procedures for the con-
sideration of claims of constitutionally based 
privilege 
against 
disclosure 
of 
Presidential 
records, and for other purposes. 
JUNE 25, 2013 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
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