[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,
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 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.''.
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:
``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.
SEC. 4. RECORDS MANAGEMENT BY FEDERAL AGENCIES.
    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.''.
SEC. 5. DISPOSAL OF RECORDS.
    (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.
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 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
                (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''.
    (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''.
  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:
``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.