44 U.S.C. § 2209

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

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(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.)

Notes of Decisions

Cited in 4 cases (4 in the last 5 years), 2021–2026 · leading case: United States v. Navarro (D.D.C. 2023).

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United States v. Navarro (D.D.C. 2023). · cites it 3× “” 44 U.S.C. § 2209 (c)(1). 2 account within 20 days, and to otherwise transfer Presidential records received on a non-official account to the National Archives and Records Administration (“NARA”) at the end of each presidential administration.”

Cong. Oversight of the White House (OLC 2021). “2003 , 2006–07 (codified at 44 U.S.C. § 2209 ) (prohibiting “the immediate staff of the President” and any “unit or indi- vidual of the Executive Office of the President whose function is to advise and assist the President” from sending presidential records using non- official…”

United States v. Peter Navarro (D.C. Cir. 2024). “44 U.S.C. § 2209 (b). He asks us to conclude that by prescribing this one specific remedy for intentional violations of the statute, Congress implicitly intended to foreclose any other remedies.”

Freedom of the Press Found. v. Trump (D.D.C. 2026). “See 44 U.S.C. § 2209 (a) (prohibiting the creation or sending of a presidential record using a non-official electronic message account unless the message is copied or forwarded to an official account).”

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