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Title 44 — Public Printing and Documents

Chapter 22 — Presidential Records

§ 2209. Disclosure requirement for official business conducted using non-official electronic messaging accounts

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Presidential and Federal Records Act Amendments of 2014

    Pub. L. 113–187 § 2(e)(1) · 128 Stat. 2003

    Enacted · 44 U.S.C. § 2209

    (Added Pub. L. 113–187, § 2(e)(1), Nov. 26, 2014, 128 Stat. 2006.)

    Source evidence

    Code source credit
    (Added Pub. L. 113–187, § 2(e)(1), Nov. 26, 2014, 128 Stat. 2006.)

    Enacted provision · exact public law section
    (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: “§ 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) Deadline. 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.” .

1 of 1 references resolved to an enrolled provision

Credits

(Added Pub. L. 113–187, § 2(e)(1), , 128 Stat. 2006.)

Parsed from the official OLRC USLM XML in data/usc_all/usc44.xml · release point 119-108 · OLRC build 2025-02-05

USLM identifier /us/usc/t44/s2209