[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1233 Enrolled Bill (ENR)]
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,

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(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:

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604ed7de8f08eb5dc5612b049bc6bee901a9e17cf36b3ecf597af67e30686618

Records and Documents of Federal Officials.

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non-official electronic messaging account.

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(a) Procedures for Consideration of Claims of Constitutionally
Based Privilege Against Disclosure.--
(1) Amendment.--Chapter 22 of title 44, United States Code, is
amended by adding at the end the following:
``Sec. 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.
``(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 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''.
(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 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:
``Sec. 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.
``(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.''.

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(a) Acceptance of Records for Historical Preservation.--Section
2107 of title 44, United States Code, is amended to read as follows:
``Sec. 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 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:
``Sec. 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:
``Sec. 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, United States Code, is
amended by inserting ``digital,'' after ``microphotographic,'', each
place it appears.

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Section 3106 of title 44, United States Code, is amended to read as
follows:
``Sec. 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.''.

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(a) Definition of Records.--Section 3301 of title 44, United States
Code, is amended to read as follows:
``Sec. 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.''.
(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.

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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 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.

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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.

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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
(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''.

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(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''.
(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
(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''.

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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:
``Sec. 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.
``(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.

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Presidential and Federal Records Act Amendments of 2013 — HR. 1233

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