---
kind: "section"
citation: "44 U.S.C. § 2209"
title: "44"
title_heading: "Public Printing and Documents"
number: "2209"
heading: "Disclosure requirement for official business conducted using non-official electronic messaging accounts"
release: "119-102"
url: "https://uscodex.org/usc/44/2209"
units:
  - "Chapter 22 — Presidential Records"
---

# §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](#c-1) 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](#c-1)—
  - (1) copies an official [electronic messaging account](#c-3) of the President, Vice President, or [covered employee](#c-1) 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](#c-3) of the President, Vice President, or [covered employee](#c-1) 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)](#a) by a [covered employee](#c-1) (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](/usc/5/chptIII-sptF-ch75.md) 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](#c-2).

## Source credit

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