U.S. Code » Title 44 » Chapter CHAPTER 29— RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED STATES AND BY THE ADMINISTRATOR OF GENERAL SERVICES

44 U.S.C. § 2911

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

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(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.(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.(Added Pub. L. 113–187, § 10(a), Nov. 26, 2014, 128 Stat. 2014.)
Notes of Decisions
Cited in 17 cases (6 in the last 5 years), 2016–2025 · leading case: City of San Jose v. Superior Court of Santa Clara Cnty., 389 P.3d 848 (Cal. 2017).
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City of San Jose v. Superior Court of Santa Clara Cnty., 389 P.3d 848 (Cal. 2017). “(See 44 U.S.C. § 2911 (a) [prohibiting use of personal electronic accounts for official business unless messages are copied or forwarded to an official account]; 36 C.”
Brennan Ctr. for Just. At N.Y. Univ. Sch. of Law v. U.S. Dep't of Just., 377 F. Supp. 3d 428 (S.D. Ill. 2019). · cites it 2× “"); see also 44 U.S.C. § 2911 (a) (agency employees and officers "may not create or send a record using a non-official electronic messaging account" without copying or forwarding a copy of the record to the agency).”
In re: Hillary Clinton (REVISED), 973 F.3d 106 (D.C. Cir. 2020). “See 44 U.S.C. § 2911 (c)(1) (amending the Act in November 2014 to include “electronic messages” or “electronic messaging systems that are used for purposes of communicating between individuals[]”); see also Guidance on Managing Electronic Messages, Bulletin 2015-02 (July 29,…”
Competitive Enter. Inst. v. Off. of Sci. & Tech. Policy, 241 F. Supp. 3d 14 (D.D.C. 2017). “44 U.S.C. § 2911 (a). B. Factual Background On January 21, 2009, Dr.”
Jud. Watch, Inc. v. Kerry, 156 F. Supp. 3d 69 (D.D.C. 2016). “26, 2014), codified at 44 U.S.C. § 2911 (a) ("An officer or employee of an executive agency may not create or send a record using a nonofficial electronic messaging account unless such officer or employee” (1) copies an official account of the officer when sending the original…”
In re: Hillary Clinton, 970 F.3d 357 (D.C. Cir. 2020). “See 44 U.S.C. § 2911 (c)(1) (amending the Act in November 2014 to include “electronic messages” or “electronic messaging systems that are used for purposes of communicating between individuals[]”); see also Guidance on Managing Electronic Messages, Bulletin 2015-02 (July 29,…”
Ctr. for Biological Diversity v. U.S. Bureau of Land Mgmt. (D.D.C. 2021). · cites it 2× “22 (b); see also 20 44 U.S.C. § 2911 (a) (prohibiting agency employees from “creat[ing] or send[ing] a record using a non-official electronic messaging account” unless they properly preserve that record within the agency).”
Brennan Ctr. for Just. v. U.S. Dep't of Just. (S.D.N.Y. 2019). · cites it 2× “”); see also 44 U.S.C. § 2911 (a) (agency employees and officers “may not create or send a record using a non-official electronic messaging account” without copying or forwarding a copy of the record to the agency).”
Wright v. Admin. for Child. & Families (D.D.C. 2016). “”); see also 44 U.S.C. § 2911 (a) (effective Nov. 26, 2014) (prohibiting agency 17 employees from “creat[ing] or send[ing] a record using a non-official electronic messaging account,” unless they properly document said record with the agency).”
Jud. Watch, Inc. v. Fed. Bureau of Investigation (D.D.C. 2019). “” 44 U.S.C. § 2911 . This amendment clarifies that “official business conducted using non-official electronic messaging accounts” remains subject to disclosure requirements.”
Citizens for Responsibility & Ethics in Washington v. Pompeo (D.D.C. 2020). “After all, the FRA expressly contemplates use of such devices and applications so long as employees copy their official account when creating records or forward them to an official account within twenty days.”
Am. Oversight v. U.S. Dep't of Vets. Affairs (D.D.C. 2020). “44 U.S.C. § 2911 . Upon learning of a violation of the FRA, an agency head must initiate an enforcement action through the Attorney General to recover the records.”
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— 44 U.S.C. § 2911(a) — 1 case
Brennan Ctr. for Just. v. U.S. Dep't of Just. (S.D.N.Y. 2019). “”); see also 44 U.S.C. § 2911 (a) (agency employees and officers “may not create or send a record using a non-official electronic messaging account” without copying or forwarding a copy of the record to the agency).”
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