113 HR 1233 RH: Presidential and Federal Records Act Amendments of 2013
U.S. House of Representatives
2013-03-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Short title; table of
contents
(a)This Act may be cited
as the Presidential and Federal
Records Act Amendments of 2013
.
(b)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.
2.
(a)Procedures for
consideration of claims of constitutionally based privilege against
disclosure
(1)Chapter 22 of title 44, United States Code,
is amended by adding at the end the following:
2208.Claims of
constitutionally based privilege against disclosure
(a)(1)When the Archivist
determines under this chapter to make available to the public any Presidential
record that has not previously been made available to the public, the Archivist
shall—
(A)promptly provide notice of such
determination to—
(i)the former President during whose
term of office the record was created; and
(ii)the incumbent President;
and
(B)make the notice available to the
public.
(2)The notice under paragraph
(1)—
(A)shall be in writing; and
(B)shall include such information as may
be prescribed in regulations issued by the Archivist.
(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 of 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)(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)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)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)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 recordsSection 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 recordsSection 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)Chapter 22 of title 44, United States Code,
as amended by subsection (a)(1), is further amended by adding at the end the
following new section:
2209.Disclosure
requirement for official business conducted using non-official electronic
messaging accounts
(a)An officer or
employee of an executive agency may not create or send a Presidential 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 Presidential record; or
(2)forwards a complete copy
of the Presidential record to an official electronic messaging account of the
officer or employee within five days after the original creation or
transmission of the Presidential record.
(b)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)In
this section:
(1)The term
electronic messages
means electronic mail and other electronic
messaging systems that are used for purposes of communicating between
individuals.
(2)Electronic messaging
accountThe term
electronic messaging account
means any account that sends
electronic messages.
(3)The term executive agency
has the meaning
given that term in section 105 of title 5.
.
(2)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.
.
3.National Archives
and Records Administration
(a)Acceptance of
records for historical preservationSection 2107 of title 44,
United States Code, is amended to read as follows:
2107.Acceptance of
records for historical preservation
(a)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 recordsThe
Archivist—
(1)in consultation
with the head of the originating Federal agency, is authorized to accept
for
deposita 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 depositSection 2111 of title 44, United States
Code, is amended to read as follows:
2111.Material
accepted for deposit
(a)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)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)Section 2114 of title
44, United States Code, is amended to read as follows:
2114.Preservation
of audio and visual recordsThe 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)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
reproductionsSection 2116(a) of title 44, United States Code, is
amended by inserting digital,
after
microphotographic,
, each place it appears.
4.Records
management by Federal agenciesSection 3106 of title 44, United States
Code, is amended to read as follows:
3106.Unlawful
removal, destruction of records
(a)Federal agency
notificationThe 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)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.
.
5.
(a)Section 3301 of title
44, United States Code, is amended to read as follows:
3301.
(a)
(1)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 definedFor
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
definitionThe 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 reproductionSection
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 agencySection 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 recordsSection
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 evidenceSection 3312 of title 44, United States
Code, is amended—
(1)in the first
sentence, by striking Photographs
andor
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.
6.Procedures to
prevent unauthorized removal of classified records from National
Archives
(a)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)In this section:
(1)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)The
term records has the meaning given that term under section 3301 of
title 44, United States Code.
7.Repeal of
provisions related to the National Study Commission on Records and Documents of
Federal Officials
(a)Sections 3315 through 3324 of title 44, United States
Code, are repealed.
(b)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.
8.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
.
9.Records
management by the Archivist
(a)Objectives of
records managementSection 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 servicesSection 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 microfilming
.
(b)Records centers and
centralized microfilming services
(1)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)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 managementSection 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 recordsSection
2906(a)(1)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 violationsSection 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 ArchivistThe heading for chapter 29 of title 44,
United States Code, is amended by striking and by the Administrator of General
Services
.
(1)The heading for chapter 29 of title 44,
United States Code, is amended by striking and by the Administrator of General
Services
.
(2)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 managementSection
3102(2) of title 44, United States Code, is amended by striking the
Administrator of General Services and
.
10.Disclosure requirement
for official business conducted using non-official electronic messaging
account
(a)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)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 within five days after the original creation or transmission of the
record.
(b)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)In
this section:
(1)The term
electronic messages
means electronic mail and other electronic
messaging systems that are used for purposes of communicating between
individuals.
(2)Electronic messaging
accountThe term
electronic messaging account
means any account that sends
electronic messages.
(3)The term executive agency
has the meaning
given that term in section 105 of title 5.
.
(b)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.
.
June 25, 2013
Reported with amendments, committed to the Committee of the
Whole House on the State of the Union, and ordered to be printed