44 U.S.C. § 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. (Added Pub. L. 113–187, § 2(e)(1) , Nov. 26, 2014 , 128 Stat. 2006 .) CFR Title Parts 36 1270

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