(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.


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Terms Used In 44 USC 2911

  • electronic messages: means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals. See 44 USC 2901
  • officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1

(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.