[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1144 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1144

 To increase the transparency of the Federal Government, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2011

   Mr. Cummings (for himself, Mr. Towns, Mr. Clay, Mrs. Maloney, Ms. 
Norton, Mr. Kucinich, Mr. Tierney, Mr. Lynch, Mr. Cooper, Mr. Connolly 
 of Virginia, Mr. Quigley, Mr. Davis of Illinois, Mr. Braley of Iowa, 
  Mr. Welch, Mr. Yarmuth, Mr. Murphy of Connecticut, and Ms. Speier) 
 introduced the following bill; which was referred to the Committee on 
                    Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
 To increase the transparency of the Federal Government, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transparency and Openness in 
Government Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
           TITLE I--FEDERAL ADVISORY COMMITTEE ACT AMENDMENTS

Sec. 101. Ensuring independent advice and expertise.
Sec. 102. Preventing efforts to circumvent the Federal Advisory 
                            Committee Act and public disclosure.
Sec. 103. Increasing transparency of advisory committees.
Sec. 104. Comptroller General review and reports.
Sec. 105. Application of Federal Advisory Committee Act to Trade 
                            Advisory Committees.
Sec. 106. Definitions.
Sec. 107. Effective date.
             TITLE II--PRESIDENTIAL RECORDS ACT AMENDMENTS

Sec. 201. Procedures for consideration of claims of constitutionally 
                            based privilege against disclosure.
            TITLE III--PRESIDENTIAL LIBRARY DONATION REFORM

Sec. 301. Presidential libraries.
               TITLE IV--ELECTRONIC MESSAGE PRESERVATION

Sec. 401. Preservation of electronic messages.
Sec. 402. Presidential records.
Sec. 403. Procedures to prevent unauthorized removal of classified 
                            records from National Archives.
Sec. 404. Restrictions on access to presidential records.
         TITLE V--GOVERNMENT ACCOUNTABILITY OFFICE IMPROVEMENT

Sec. 501. Authority to obtain information.
Sec. 502. Administering oaths.
Sec. 503. Agency reports.

           TITLE I--FEDERAL ADVISORY COMMITTEE ACT AMENDMENTS

SEC. 101. ENSURING INDEPENDENT ADVICE AND EXPERTISE.

    (a) Bar on Political Litmus Tests.--Section 9 of the Federal 
Advisory Committee Act (5 U.S.C. App.) is amended--
            (1) in the section heading by inserting ``membership;'' 
        after ``advisory committees;'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (e) and (f), respectively; and
            (3) by inserting after subsection (a) the following:
    ``(b) Appointments Made Without Regard to Political Affiliation or 
Activity.--All appointments to advisory committees shall be made 
without regard to political affiliation or political activity, unless 
required by Federal statute.''.
    (b) Minimizing Conflicts of Interest.--Section 9 of the Federal 
Advisory Committee Act (5 U.S.C. App.) is further amended by inserting 
after subsection (b) (as added by subsection (a)) the following:
    ``(c) Public Nominations of Committee Members.--Prior to appointing 
members to an advisory committee, the head of an agency shall give 
interested persons an opportunity to suggest potential committee 
members. The agency shall include a request for comments in the Federal 
Register notice required under subsection (a) and provide a mechanism 
for interested persons to comment through the official Web site of the 
agency. The agency shall consider any comments submitted under this 
subsection in selecting the members of an advisory committee.
    ``(d) Designation of Committee Members.--
            ``(1) An individual appointed to an advisory committee who 
        is not a full-time or permanent part-time officer or employee 
        of the Federal Government shall be designated as--
                    ``(A) a special government employee, if the 
                individual is providing advice based on the 
                individual's expertise or experience; or
                    ``(B) a representative, if the individual is 
                representing the views of an entity or entities outside 
                of the Federal Government.
            ``(2) An agency may not designate committee members as 
        representatives to avoid subjecting them to Federal ethics 
        rules and requirements.
            ``(3) The designated agency ethics official for each agency 
        shall review the members of each advisory committee that 
        reports to the agency to determine whether each member's 
        designation is appropriate, and to redesignate members if 
        appropriate. The designated agency ethics official shall 
        certify to the head of the agency that such review has been 
        made--
                    ``(A) following the initial appointment of members; 
                and
                    ``(B) at the time a committee's charter is renewed, 
                or, in the case of a committee with an indefinite 
                charter, every 2 years.
            ``(4) The head of each agency shall inform each individual 
        appointed to an advisory committee that reports to the agency 
        whether the individual is appointed as a special government 
        employee or as a representative. The agency head shall provide 
        each committee member with an explanation of the differences 
        between special government employees and representatives and a 
        summary of applicable ethics requirements. The agency head, 
        acting through the designated agency ethics official, shall 
        obtain signed and dated written confirmation from each 
        committee member that the member received and reviewed the 
        information required by this paragraph.
            ``(5) The Director of the Office of Government Ethics shall 
        provide guidance to agencies on what to include in the summary 
        of ethics requirements required by paragraph (4).
            ``(6) The head of each agency shall, to the extent 
        practicable, develop and implement strategies to minimize the 
        need for written determinations under section 208(b)(1) of 
        title 18, United States Code. Strategies may include such 
        efforts as improving outreach efforts to potential committee 
        members and seeking public input on potential committee 
        members.''.
    (c) Regulations Implementing FACA.--Section 7(c) of the Federal 
Advisory Committee Act (5 U.S.C. App.) is amended by inserting after 
``(c)'' the following: ``The Administrator shall promulgate regulations 
as necessary to implement this Act.''.

SEC. 102. PREVENTING EFFORTS TO CIRCUMVENT THE FEDERAL ADVISORY 
              COMMITTEE ACT AND PUBLIC DISCLOSURE.

    (a) De Facto Members.--Section 4 of the Federal Advisory Committee 
Act (5 U.S.C. App.) is amended by adding at the end the following:
    ``(d) Treatment of Individual as Member.--An individual who is not 
a full-time or permanent part-time officer or employee of the Federal 
Government shall be regarded as a member of a committee if the 
individual regularly attends and fully participates in committee 
meetings as if the individual were a member, even if the individual 
does not have the right to vote or veto the advice or recommendations 
of the advisory committee.''.
    (b) Subcommittees.--Section 4 of the Federal Advisory Committee Act 
(5 U.S.C. App.) is amended by striking subsection (a) and inserting the 
following:
    ``(a) Application.--The provisions of this Act or of any rule, 
order, or regulation promulgated under this Act shall apply to each 
advisory committee, including any subcommittee or subgroup thereof, 
except to the extent that any Act of Congress establishing any such 
advisory committee specifically provides otherwise. Any subcommittee or 
subgroup that reports to a parent committee established under section 
9(a) is not required to comply with section 9(f). In this subsection, 
the term `subgroup' includes any working group, task force, or other 
entity formed for the purpose of assisting the committee or any 
subcommittee of the committee in its work.''.
    (c) Committees Created Under Contract.--Section 3(2) of the Federal 
Advisory Committee Act (5 U.S.C. App.) is amended in the matter 
following subparagraph (C) by adding at the end the following: ``An 
advisory committee is considered to be established by an agency, 
agencies, or the President if it is formed, created, or organized under 
contract, other transactional authority, cooperative agreement, grant, 
or otherwise at the request or direction of an agency, agencies, or the 
President.''.
    (d) Advisory Committees Containing Special Government Employees.--
Section 4 of the Federal Advisory Committee Act (5 U.S.C. App.) is 
further amended by adding at the end the following new subsection:
    ``(e) Special Government Employees.--Committee members appointed as 
special government employees shall not be considered full-time or 
permanent part-time officers or employees of the Federal Government for 
purposes of determining the applicability of this Act under section 
3(2).''.

SEC. 103. INCREASING TRANSPARENCY OF ADVISORY COMMITTEES.

    (a) Information Requirement.--Section 11 of the Federal Advisory 
Committee Act (5 U.S.C. App.) is amended--
            (1) by striking the section designation and heading and 
        inserting the following:

``SEC. 11. DISCLOSURE OF INFORMATION.'';

            (2) by redesignating subsection (a) as subsection (d) and 
        in that subsection--
                    (A) by inserting the following subsection heading: 
                ``Availability of Paper Copies of Transcripts.--''; and
                    (B) by inserting after ``duplication,'' the 
                following: ``paper'';
            (3) by striking ``(b)'' and inserting ``(e) Agency 
        Proceeding Defined.--''; and
            (4) by inserting before subsection (d), as redesignated by 
        paragraph (2), the following new subsections:
    ``(a) In General.--With respect to each advisory committee, the 
head of the agency to which the advisory committee reports shall make 
publicly available in accordance with subsection (b) the following 
information:
            ``(1) The charter of the advisory committee.
            ``(2) A description of the process used to establish and 
        appoint the members of the advisory committee, including the 
        following:
                    ``(A) The process for identifying prospective 
                members.
                    ``(B) The process of selecting members for balance 
                of viewpoints or expertise.
                    ``(C) The reason each member was appointed to the 
                committee.
                    ``(D) A justification of the need for 
                representative members, if any.
            ``(3) A list of all current members, including, for each 
        member, the following:
                    ``(A) The name of any person or entity that 
                nominated the member.
                    ``(B) Whether the member is designated as a special 
                government employee or a representative.
                    ``(C) In the case of a representative, the 
                individuals or entity whose viewpoint the member 
                represents.
            ``(4) A list of all members designated as special 
        government employees for whom written certifications were made 
        under section 208(b) of title 18, United States Code, a copy of 
        each such certification, a summary description of the conflict 
        necessitating the certification, and the reason for granting 
        the certification.
            ``(5) Any recusal agreement made by a member or any recusal 
        known to the agency that occurs during the course of a meeting 
        or other work of the committee.
            ``(6) A summary of the process used by the advisory 
        committee for making decisions.
            ``(7) Transcripts or audio or video recordings of all 
        meetings of the committee.
            ``(8) Any written determination by the President or the 
        head of the agency to which the advisory committee reports, 
        pursuant to section 10(d), to close a meeting or any portion of 
        a meeting and the reasons for such determination.
            ``(9) Notices of future meetings of the committee.
            ``(10) Any additional information considered relevant by 
        the head of the agency to which the advisory committee reports.
    ``(b)  Manner of Disclosure.--
            ``(1) Except as provided in paragraph (2), the head of an 
        agency shall make the information required to be disclosed 
        under this section available electronically on the official 
        public Internet site of the agency at least 15 calendar days 
        before each meeting of an advisory committee. If the head of 
        the agency determines that such timing is not practicable for 
        any required information, he shall make the information 
        available as soon as practicable but no later than 48 hours 
        before the next meeting of the committee. An agency may 
        withhold from disclosure any information that would be exempt 
        from disclosure under section 552 of title 5, United States 
        Code.
            ``(2) The head of an agency shall make available 
        electronically, on the official public Internet site of the 
        agency, a transcript or audio or video recording of each 
        advisory committee meeting as required by subsection (a)(6) not 
        later than 30 calendar days after the meeting.
    ``(c) Provision of Information by Administrator of General 
Services.--The Administrator of General Services shall provide, on the 
official public Internet site of the General Services Administration, 
electronic access to the information made available by each agency 
under this section.''.
    (b) Charter Filing.--Section 9(f) of the Federal Advisory Committee 
Act (5 U.S.C. App.), as redesignated by section 101, is amended--
            (1) by striking ``with (1) the Administrator,'' and all 
        that follows through ``, or'' and inserting ``(1) with the 
        Administrator and'';
            (2) by striking ``and'' at the end of subparagraph (I);
            (3) by striking the period and inserting a semicolon at the 
        end of subparagraph (J); and
            (4) by adding at the end the following new subparagraphs:
            ``(K) the authority under which the committee is 
        established;
            ``(L) the estimated number of members and a description of 
        the expertise needed to carry out the objectives of the 
        committee;
            ``(M) a description of whether the committee will be 
        composed of special government employees, representatives, or 
        members from both categories; and
            ``(N) whether the committee has the authority to create 
        subcommittees and if so, the agency official authorized to 
        exercise such authority.''.

SEC. 104. COMPTROLLER GENERAL REVIEW AND REPORTS.

    (a) Review.--The Comptroller General of the United States shall 
review compliance by agencies with the Federal Advisory Committee Act, 
as amended by this title, including whether agencies are appropriately 
appointing advisory committee members as either special government 
employees or representatives.
    (b) Report.--The Comptroller General shall submit to the committees 
described in subsection (c) two reports on the results of the review, 
as follows:
            (1) The first report shall be submitted not later than one 
        year after the date of promulgation of regulations under 
        section 101.
            (2) The second report shall be submitted not later than 
        five years after such date of promulgation of regulations.
    (c) Committees.--The committees described in this subsection are 
the Committee on Oversight and Government Reform of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate.

SEC. 105. APPLICATION OF FEDERAL ADVISORY COMMITTEE ACT TO TRADE 
              ADVISORY COMMITTEES.

    Section 135(f)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2155) is 
amended by striking ``subsection (a) and (b) of sections 10 and 11 of 
the Federal Advisory Committee Act'' and inserting ``subsections (a) 
and (b) of section 10 and subsections (a)(7), (a)(8), (a)(9), (d), and 
(e) of section 11 of the Federal Advisory Committee Act''.

SEC. 106. DEFINITIONS.

    Section 3 of the Federal Advisory Committee Act (5 U.S.C. App.) is 
amended by adding at the end the following new paragraph:
            ``(5) The term `special Government employee' has the same 
        meaning as in section 202(a) of title 18, United States 
        Code.''.

SEC. 107. EFFECTIVE DATE.

    This title shall take effect 30 days after the date of the 
enactment of this Act.

             TITLE II--PRESIDENTIAL RECORDS ACT AMENDMENTS

SEC. 201. PROCEDURES FOR CONSIDERATION OF CLAIMS OF CONSTITUTIONALLY 
              BASED PRIVILEGE AGAINST DISCLOSURE.

    (a) In General.--Chapter 22 of title 44, United States Code, is 
amended by adding at the end the following:
``Sec. 2208. Claims of constitutionally based privilege against 
              disclosure
    ``(a)(1) When the Archivist determines under this chapter to make 
available to the public any Presidential record that has not previously 
been made available to the public, the Archivist shall--
            ``(A) promptly provide notice of such determination to--
                    ``(i) the former President during whose term of 
                office the record was created; and
                    ``(ii) the incumbent President; and
            ``(B) make the notice available to the public.
    ``(2) The notice under paragraph (1)--
            ``(A) shall be in writing; and
            ``(B) shall include such information as may be prescribed 
        in regulations issued by the Archivist.
    ``(3)(A) Upon the expiration of the 60-day period (excepting 
Saturdays, Sundays, and legal public holidays) beginning on the date 
the Archivist provides notice under paragraph (1)(A), the Archivist 
shall make available to the public the Presidential record covered by 
the notice, except any record (or reasonably segregable part of a 
record) with respect to which the Archivist receives from a former 
President or the incumbent President notification of a claim of 
constitutionally based privilege against disclosure under subsection 
(b).
    ``(B) A former President or the incumbent President may extend the 
period under subparagraph (A) once for not more than 30 additional days 
(excepting Saturdays, Sundays, and legal public holidays) by filing 
with the Archivist a statement that such an extension is necessary to 
allow an adequate review of the record.
    ``(C) Notwithstanding subparagraphs (A) and (B), if the 60-day 
period under subparagraph (A), or any extension of that period under 
subparagraph (B), would otherwise expire during the 6-month period 
after the incumbent President first takes office, then that 60-day 
period or extension, respectively, shall expire at the end of that 6-
month period.
    ``(b)(1) For purposes of this section, the decision to assert any 
claim of constitutionally based privilege against disclosure of a 
Presidential record (or reasonably segregable part of a record) must be 
made personally by a former President or the incumbent President, as 
applicable.
    ``(2) A former President or the incumbent President shall notify 
the Archivist, the Committee on Oversight and Government Reform of the 
House of Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate of a privilege claim under paragraph 
(1) on the same day that the claim is asserted under such paragraph.
    ``(c)(1) If a claim of constitutionally based privilege against 
disclosure of a Presidential record (or reasonably segregable part of a 
record) is asserted under subsection (b) by a former President, the 
Archivist shall consult with the incumbent President, as soon as 
practicable during the period specified in paragraph (2)(A), to 
determine whether the incumbent President will uphold the claim 
asserted by the former President.
    ``(2)(A) Not later than the end of the 30-day period beginning on 
the date of which the Archivist receives notification from a former 
President of the assertion of a claim of constitutionally based 
privilege against disclosure, the Archivist shall provide notice to the 
former President and the public of the decision of the incumbent 
President under paragraph (1) regarding the claim.
    ``(B) If the incumbent President upholds the claim of privilege 
asserted by the former President, the Archivist shall not make the 
Presidential record (or reasonably segregable part of a record) subject 
to the claim publicly available unless--
            ``(i) the incumbent President withdraws the decision 
        upholding the claim of privilege asserted by the former 
        President; or
            ``(ii) the Archivist is otherwise directed by a final court 
        order that is not subject to appeal.
    ``(C) If the incumbent President determines not to uphold the claim 
of privilege asserted by the former President, or fails to make the 
determination under paragraph (1) before the end of the period 
specified in subparagraph (A), the Archivist shall release the 
Presidential record subject to the claim at the end of the 90-day 
period beginning on the date on which the Archivist received 
notification of the claim, unless otherwise directed by a court order 
in an action initiated by the former President under section 2204(e) of 
this title or by a court order in another action in Federal court.
    ``(d) The Archivist shall not make publicly available a 
Presidential record (or reasonably segregable part of a record) that is 
subject to a privilege claim asserted by the incumbent President 
unless--
            ``(1) the incumbent President withdraws the privilege 
        claim; or
            ``(2) the Archivist is otherwise directed by a final court 
        order that is not subject to appeal.
    ``(e) The Archivist shall adjust any otherwise applicable time 
period under this section as necessary to comply with the return date 
of any congressional subpoena, judicial subpoena, or judicial 
process.''.
    (b) Restrictions.--Section 2204 of title 44, United States Code 
(relating to restrictions on access to presidential records) is amended 
by adding at the end the following new subsection:
    ``(f) The Archivist shall not make available any original 
presidential records to any individual claiming access to any 
presidential record as a designated representative under section 
2205(3) if that individual has been convicted of a crime relating to 
the review, retention, removal, or destruction of records of the 
Archives.''.
    (c) Conforming Amendments.--(1) Section 2204(d) of title 44, United 
States Code, is amended by inserting ``, except section 2208,'' after 
``chapter''.
    (2) Section 2205 of title 44, United States Code, is amended by 
inserting ``and 2208'' after ``2204'',
    (3) Section 2207 of title 44, United States Code, is amended in the 
second sentence by inserting ``, except section 2208,'' after 
``chapter''.
    (d) Clerical Amendment.--The table of sections at the beginning of 
chapter 22 of title 44, United States Code, is amended by adding at the 
end the following:

``2208. Claims of constitutionally based privilege against 
                            disclosure.''.
    (e) Rule of Construction.--Nothing in the amendment made by 
subsection (c)(3) shall be construed to--
            (1) affect the requirement of section 2207 of title 44, 
        United States Code, that Vice Presidential records shall be 
        subject to chapter 22 of that title in the same manner as 
        Presidential records; or
            (2) affect any claim of constitutionally based privilege by 
        a President or former President with respect to a Vice 
        Presidential record.

            TITLE III--PRESIDENTIAL LIBRARY DONATION REFORM

SEC. 301. PRESIDENTIAL LIBRARIES.

    (a) In General.--Section 2112 of title 44, United States Code, is 
amended by adding at the end the following new subsection:
    ``(h)(1) Any Presidential library fundraising organization shall 
submit on a quarterly basis, in accordance with paragraph (2), 
information with respect to every contributor who gave the organization 
a contribution or contributions (whether monetary or in-kind) totaling 
$200 or more for the quarterly period.
    ``(2) For purposes of paragraph (1)--
            ``(A) the entities to which information shall be submitted 
        under that paragraph are the Administration, the Committee on 
        Oversight and Government Reform of the House of 
        Representatives, and the Committee on Homeland Security and 
        Governmental Affairs of the Senate;
            ``(B) the dates by which information shall be submitted 
        under that paragraph are April 15, July 15, October 15, and 
        January 15 of each year and of the following year (for the 
        fourth quarterly filing);
            ``(C) the requirement to submit information under that 
        paragraph shall continue until the later of the following 
        occurs:
                    ``(i) The Archivist has accepted, taken title to, 
                or entered into an agreement to use any land or 
                facility for the archival depository.
                    ``(ii) The President whose archives are contained 
                in the depository no longer holds the Office of 
                President and a period of four years has expired 
                (beginning on the date the President left the Office).
    ``(3) In this subsection:
            ``(A) The term `Presidential library fundraising 
        organization' means an organization that is established for the 
        purpose of raising funds for creating, maintaining, expanding, 
        or conducting activities at--
                    ``(i) a Presidential archival depository; or
                    ``(ii) any facilities relating to a Presidential 
                archival depository.
            ``(B) The term `information' means the following:
                    ``(i) The amount or value of each contribution made 
                by a contributor referred to in paragraph (1) in the 
                quarter covered by the submission.
                    ``(ii) The source of each such contribution, and 
                the address of the entity or individual that is the 
                source of the contribution.
                    ``(iii) If the source of such a contribution is an 
                individual, the occupation of the individual.
                    ``(iv) The date of each such contribution.
    ``(4) The Archivist shall make available to the public through the 
Internet (or a successor technology readily available to the public) as 
soon as is practicable after each quarterly filing any information that 
is submitted under paragraph (1). The information shall be made 
available without a fee or other access charge, in a searchable, 
sortable, and downloadable database.
    ``(5)(A) It shall be unlawful for any person who makes a 
contribution described in paragraph (1) to knowingly and willfully 
submit false material information or omit material information with 
respect to the contribution to an organization described in such 
paragraph.
    ``(B) The penalties described in section 1001 of title 18, United 
States Code, shall apply with respect to a violation of subparagraph 
(A) in the same manner as a violation described in such section.
    ``(6)(A) It shall be unlawful for any Presidential library 
fundraising organization to knowingly and willfully submit false 
material information or omit material information under paragraph (1).
    ``(B) The penalties described in section 1001 of title 18, United 
States Code, shall apply with respect to a violation of subparagraph 
(A) in the same manner as a violation described in such section.
    ``(7)(A) It shall be unlawful for a person to knowingly and 
willfully--
            ``(i) make a contribution described in paragraph (1) in the 
        name of another person;
            ``(ii) permit his or her name to be used to effect a 
        contribution described in paragraph (1); or
            ``(iii) accept a contribution described in paragraph (1) 
        that is made by one person in the name of another person.
    ``(B) The penalties set forth in section 309(d) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 437g(d)) shall apply to a 
violation of subparagraph (A) in the same manner as if such violation 
were a violation of section 316(b)(3) of such Act (2 U.S.C. 
441b(b)(3)).
    ``(8) The Archivist shall promulgate regulations for the purpose of 
carrying out this subsection.''.
    (b) Applicability.--Section 2112(h) of title 44, United States Code 
(as added by subsection (a))--
            (1) shall apply to an organization established for the 
        purpose of raising funds for creating, maintaining, expanding, 
        or conducting activities at a Presidential archival depository 
        or any facilities relating to a Presidential archival 
        depository before, on or after the date of the enactment of 
        this Act; and
            (2) shall only apply with respect to contributions (whether 
        monetary or in-kind) made after the date of the enactment of 
        this Act.

               TITLE IV--ELECTRONIC MESSAGE PRESERVATION

SEC. 401. PRESERVATION OF ELECTRONIC MESSAGES.

    (a) Requirement for Preservation of Electronic Messages.--
            (1) In general.--Chapter 29 of title 44, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 2911. Electronic messages
    ``(a) Regulations Required.--Not later than 18 months after the 
date of the enactment of this section, the Archivist shall promulgate 
regulations governing agency preservation of electronic messages that 
are records. Such regulations shall, at a minimum--
            ``(1) require the electronic capture, management, and 
        preservation of such electronic records in accordance with the 
        records disposition requirements of chapter 33 of this title;
            ``(2) require that such electronic records are readily 
        accessible for retrieval through electronic searches;
            ``(3) establish mandatory minimum functional requirements 
        for electronic records management systems to ensure compliance 
        with the requirements in paragraphs (1) and (2);
            ``(4) establish a process to certify that Federal agencies' 
        electronic records management systems meet the functional 
        requirements established under paragraph (3); and
            ``(5) include timelines for agency compliance with the 
        regulations that ensure compliance as expeditiously as 
        practicable but not later than four years after the date of the 
        enactment of this section.
    ``(b) Coverage of Other Electronic Records.--To the extent 
practicable, the regulations promulgated under subsection (a) shall 
also include requirements for the capture, management, and preservation 
of other electronic records.
    ``(c) Compliance by Federal Agencies.--Each Federal agency shall 
comply with the regulations promulgated under subsection (a).
    ``(d) Review of Regulations Required.--The Archivist shall 
periodically review and, as necessary, amend the regulations 
promulgated under this section.
    ``(e) Reports on Implementation of Regulations.--
            ``(1) Agency report to archivist.--Not later than four 
        years after the date of the enactment of this section, the head 
        of each Federal agency shall submit to the Archivist a report 
        on the agency's compliance with the regulations promulgated 
        under this section.
            ``(2) Archivist report to congress.--Not later than 90 days 
        after receipt of all reports required by paragraph (1), the 
        Archivist shall submit to the Committee on Homeland Security 
        and Governmental Affairs of the Senate and the Committee on 
        Oversight and Government Reform of the House of Representatives 
        a report on Federal agency compliance with the regulations 
        promulgated under this section.''.
            (2) Clerical amendment.--The table of sections for chapter 
        29 of title 44, United States Code, is amended by adding after 
        the item relating to section 2910 the following new item:

``2911. Electronic messages.''.
    (b) Definitions.--Section 2901 of title 44, United States Code, is 
amended--
            (1) by striking ``and'' at the end of paragraph (14);
            (2) by striking the period at the end of paragraph (15) and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(16) the term `electronic messages' means electronic mail 
        and other electronic messaging systems that are used for 
        purposes of communicating between individuals; and
            ``(17) the term `electronic records management system' 
        means software designed to manage electronic records, including 
        by--
                    ``(A) categorizing and locating records;
                    ``(B) ensuring that records are retained as long as 
                necessary;
                    ``(C) identifying records that are due for 
                disposition; and
                    ``(D) ensuring the storage, retrieval, and 
                disposition of records.''.

SEC. 402. PRESIDENTIAL RECORDS.

    (a) Additional Regulations Relating to Presidential Records.--
            (1) In general.--Section 2206 of title 44, United States 
        Code, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) provisions for establishing standards necessary for 
        the economical and efficient management of electronic 
        Presidential records during the President's term of office, 
        including--
                    ``(A) records management controls necessary for the 
                capture, management, and preservation of electronic 
                messages;
                    ``(B) records management controls necessary to 
                ensure that electronic messages are readily accessible 
                for retrieval through electronic searches; and
                    ``(C) a process to certify the electronic records 
                management system to be used by the President for the 
                purposes of complying with the requirements in 
                subparagraphs (A) and (B).''.
            (2) Definition.--Section 2201 of title 44, United States 
        Code, is amended by adding at the end the following new 
        paragraphs:
            ``(5) The term `electronic messages' has the meaning 
        provided in section 2901(16) of this title.
            ``(6) The term `electronic records management system' has 
        the meaning provided in section 2901(17) of this title.''.
    (b) Certification of President's Management of Presidential 
Records.--
            (1) Certification required.--Chapter 22 of title 44, United 
        States Code, as amended by section 201, is further amended by 
        adding at the end the following new section:
``Sec. 2209. Certification of the President's management of 
              Presidential records
    ``(a) Annual Certification.--The Archivist shall annually certify 
whether the electronic records management controls established by the 
President meet requirements under sections 2203(a) and 2206(5) of this 
title.
    ``(b) Report to Congress.--The Archivist shall report annually to 
the Committee on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Oversight and Government Reform of the 
House of Representatives on the status of the certification.''.
            (2) Clerical amendment.--The table of sections for chapter 
        22 of title 44, United States Code, as amended by section 201, 
        is further amended by adding at the end the following new item:

``2209. Certification of the President's management of Presidential 
                            records.''.
    (c) Report to Congress.--Section 2203(f) of title 44, United States 
Code, is amended by adding at the end the following:
    ``(4) One year following the conclusion of a President's term of 
office, or if a President serves consecutive terms one year following 
the conclusion of the last term, the Archivist shall submit to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Oversight and Government Reform of the House of 
Representatives a report on--
            ``(A) the volume and format of electronic Presidential 
        records deposited into that President's Presidential archival 
        depository; and
            ``(B) whether the electronic records management controls of 
        that President met the requirements under sections 2203(a) and 
        2206(5) of this title.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect one year after the date of the enactment of this Act.

SEC. 403. PROCEDURES TO PREVENT UNAUTHORIZED REMOVAL OF CLASSIFIED 
              RECORDS FROM NATIONAL ARCHIVES.

    (a) In General.--The Archivist of the United States shall prescribe 
internal procedures to prevent the unauthorized removal of classified 
records from the National Archives and Records Administration or the 
destruction or damage of such records, including when such records are 
accessed or searched electronically. The procedures shall apply to all 
National Archives and Records Administration facilities authorized to 
store classified records and include the following prohibitions:
            (1) No person, other than covered personnel, shall view 
        classified records in any room that is not secure except in the 
        presence of National Archives and Records Administration 
        personnel or under video surveillance.
            (2) No person, other than covered personnel, shall at any 
        time be left alone with classified records, unless that person 
        is under video surveillance.
            (3) No person, other than covered personnel, shall conduct 
        any review of classified records while in the possession of any 
        cell phone or other personal communication device.
            (4) All persons seeking access to review classified 
        records, as a precondition to such access, must consent to a 
        search of their belongings upon conclusion of their records 
        review.
            (5) All notes and other writings prepared by persons other 
        than covered personnel during the course of a review of 
        classified records shall be retained by the National Archives 
        and Records Administration in a secure facility until such 
        notes and other writings are determined to be unclassified, are 
        declassified, or are securely transferred to another secure 
        facility.
    (b) Definitions.--In this section:
            (1) The term ``records'' has the meaning provided in 
        section 3301 of title 44, United States Code.
            (2) The term ``covered personnel'' means any individual--
                    (A) who has an appropriate and necessary reason for 
                accessing classified records, as determined by the 
                Archivist; and
                    (B) who is either--
                            (i) an officer or employee of the Federal 
                        Government with appropriate security 
                        clearances; or
                            (ii) any personnel with appropriate 
                        security clearances of a Federal contractor 
                        authorized in writing to act for purposes of 
                        this section by an officer or employee of the 
                        Federal Government.

SEC. 404. RESTRICTIONS ON ACCESS TO PRESIDENTIAL RECORDS.

    Section 2204 of title 44, United States Code (relating to 
restrictions on access to presidential records) is amended by adding at 
the end the following new subsection:
    ``(f) The Archivist shall not make available any original 
presidential records to any individual claiming access to any 
presidential record as a designated representative under section 
2205(3) of this title if that individual has been convicted of a crime 
relating to the review, retention, removal, or destruction of records 
of the Archives.''.

         TITLE V--GOVERNMENT ACCOUNTABILITY OFFICE IMPROVEMENT

SEC. 501. AUTHORITY TO OBTAIN INFORMATION.

    (a) Authority To Obtain Records.--Section 716 of title 31, United 
States Code, is amended in subsection (a)--
            (1) by striking ``(a)'' and inserting ``(2)''; and
            (2) by inserting after the section heading the following:
    ``(a)(1) The Comptroller General is authorized to obtain such 
agency records as the Comptroller General requires to discharge his 
duties (including audit, evaluation, and investigative duties), 
including through the bringing of civil actions under this section. In 
reviewing a civil action under this section, the court shall recognize 
the continuing force and effect of the authorization in the preceding 
sentence until such time as the authorization is repealed pursuant to 
law.''.
    (b) Copies and Interviews.--Section 716(a) of title 31, United 
States Code, as amended by subsection (a), is further amended in the 
second sentence of paragraph (2) by striking ``inspect an agency 
record'' and inserting ``inspect, and make and retain copies of, an 
agency record and interview agency officers and employees''.
    (c) Rules of Construction.--Section 716 of title 31, United States 
Code, is amended by adding at the end the following new subsection:
    ``(f) No provision of any law in existence on the date of the 
enactment of this section or enacted after such date shall be construed 
to limit, amend, or supersede the authority of the Comptroller General 
to obtain any information, to inspect any record, or to interview any 
officer or employee under this section, except to the extent such 
provision expressly and specifically refers to this section and 
provides for such limitation, amendment, or supersession.''.

SEC. 502. ADMINISTERING OATHS.

    Paragraph (4) of section 711 of title 31, United States Code, is 
amended to read as follows:
            ``(4) administer oaths to witnesses, except that, in 
        matters other than auditing and settling accounts, the 
        authority of an officer or employee to administer oaths to 
        witnesses pursuant to a delegation under paragraph (2) shall 
        not be available without the prior express approval of the 
        Comptroller General (or a designee).''.

SEC. 503. AGENCY REPORTS.

    Section 720(b) of title 31, United States Code, is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``or planned'' after ``action taken''; and
            (2) by amending paragraph (1) to read as follows:
            ``(1) the Committee on Homeland Security and Governmental 
        Affairs of the Senate, the Committee on Oversight and 
        Government Operations of the House of Representatives, the 
        congressional committees with jurisdiction over the agency 
        program or activity that is the subject of the recommendation, 
        and the Government Accountability Office before the 61st day 
        after the date of the report; and''.
                                 <all>