    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 113-187
    113th Congress

    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.

    [[Page 2004]]

    ``(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

    [[Page 2005]]

    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''.

    [[Page 2006]]

    (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.

    [[Page 2007]]

    ``(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

    [[Page 2008]]

    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,

    [[Page 2009]]

    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

    [[Page 2010]]

    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

    [[Page 2011]]

    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

    [[Page 2012]]

    (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''.

    [[Page 2013]]

    (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

    [[Page 2014]]

    (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.

    [[Page 2015]]

    ``(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.''.

    Approved November 26, 2014.

    LEGISLATIVE HISTORY--H.R. 1233:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 113-127 (Comm. on Oversight and Government Reform).
    SENATE REPORTS: No. 113-218 (Comm. on Homeland Security and Governmental
    Affairs).
    CONGRESSIONAL RECORD, Vol. 160 (2014):
    Jan. 14, considered and passed House.
    Sept. 10, considered and passed Senate, amended.
    Nov. 12, House concurred in Senate amendments.