[Congressional Record (Bound Edition), Volume 160 (2014), Part 1]
[House]
[Pages 603-607]
[From the U.S. Government Publishing Office, www.gpo.gov]




        PRESIDENTIAL AND FEDERAL RECORDS ACT AMENDMENTS OF 2014

  Mr. FARENTHOLD. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1233) to amend chapter 22 of title 44, United States Code, 
popularly known as the Presidential Records Act, to establish 
procedures for the consideration of claims of constitutionally based 
privilege against disclosure of Presidential records, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1233

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Presidential and Federal Records Act Amendments of 2014''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Presidential records.
Sec. 3. National Archives and Records Administration.
Sec. 4. Records management by Federal agencies.
Sec. 5. Disposal of records.
Sec. 6. Procedures to prevent unauthorized removal of classified 
              records from National Archives.
Sec. 7. Repeal of provisions related to the National Study Commission 
              on Records and Documents of Federal Officials.
Sec. 8. Pronoun amendments.
Sec. 9. Records management by the Archivist.
Sec. 10. Disclosure requirement for official business conducted using 
              non-official electronic messaging account.

     SEC. 2. PRESIDENTIAL RECORDS.

       (a) Procedures for Consideration of Claims of 
     Constitutionally Based Privilege Against Disclosure.--
       (1) Amendment.--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 any 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.''.
       (2) Conforming amendments.--(A) Section 2204(d) of title 
     44, United States Code, is amended by inserting ``, except 
     section 2208,'' after ``chapter''.
       (B) Section 2205 of title 44, United States Code, is 
     amended--
       (i) in the matter preceding paragraph (1), by striking 
     ``section 2204'' and inserting ``sections 2204 and 2208 of 
     this title''; and
       (ii) in paragraph (2)(A), by striking ``subpena'' and 
     inserting ``subpoena''.
       (C) Section 2207 of title 44, United States Code, is 
     amended in the second sentence by inserting ``, except 
     section 2208,'' after ``chapter''.
       (3) 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:


[[Page 604]]


``2208. Claims of constitutionally based privilege against 
              disclosure.''.

       (4) Rule of construction.--Nothing in the amendment made by 
     paragraph (2)(C) shall be construed to--
       (A) 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
       (B) affect any claim of constitutionally based privilege by 
     a President or former President with respect to a Vice 
     Presidential record.
       (b) Definitions.--Section 2201 of title 44, United States 
     Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``memorandums'' and inserting 
     ``memoranda'';
       (B) by striking ``audio, audiovisual'' and inserting 
     ``audio and visual records''; and
       (C) by inserting ``, whether in analog, digital, or any 
     other form'' after ``mechanical recordations''; and
       (2) in paragraph (2), by striking ``advise and assist'' and 
     inserting ``advise or assist''.
       (c) Management and Custody of Presidential Records.--
     Section 2203 of title 44, United States Code, is amended--
       (1) in subsection (a), by striking ``maintained'' and 
     inserting ``preserved and maintained'';
       (2) in subsection (b), by striking ``advise and assist'' 
     and inserting ``advise or assist'';
       (3) by redesignating subsection (f) as subsection (g);
       (4) by inserting after subsection (e) the following new 
     subsection:
       ``(f) During a President's term of office, the Archivist 
     may maintain and preserve Presidential records on behalf of 
     the President, including records in digital or electronic 
     form. The President shall remain exclusively responsible for 
     custody, control, and access to such Presidential records. 
     The Archivist may not disclose any such records, except under 
     direction of the President, until the conclusion of a 
     President's term of office, if a President serves consecutive 
     terms upon the conclusion of the last term, or such other 
     period provided for under section 2204 of this title.''; and
       (5) in subsection (g)(1), as so redesignated, by striking 
     ``Act'' and inserting ``chapter''.
       (d) Restrictions on Access to Presidential Records.--
     Section 2204 of title 44, United States Code, 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.''.
       (e) Disclosure Requirement for Official Business Conducted 
     Using Non-official Electronic Messaging Account.--
       (1) Amendment.--Chapter 22 of title 44, United States Code, 
     as amended by subsection (a)(1), is further amended by adding 
     at the end the following new section:

     ``Sec. 2209. Disclosure requirement for official business 
       conducted using non-official electronic messaging accounts

       ``(a) In General.--An officer or employee of an executive 
     agency may not create or send a Presidential 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 Presidential record; or
       ``(2) forwards a complete copy of the Presidential record 
     to an official electronic messaging account of the officer or 
     employee within five days after the original creation or 
     transmission of the Presidential 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.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 22 of title 44, United States Code, as 
     amended by subsection (a)(3), is further amended by adding at 
     the end the following new item:

``2209. Disclosure requirement for official business conducted using 
              non-official electronic messaging accounts.''

     SEC. 3. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.

       (a) Acceptance of Records for Historical Preservation.--
     Section 2107 of title 44, United States Code, is amended to 
     read as follows:

     ``Sec. 2107. Acceptance of records for historical 
       preservation

       ``(a) In General.--When it appears to the Archivist to be 
     in the public interest, the Archivist may--
       ``(1) accept for deposit with the National Archives of the 
     United States the records of a Federal agency, the Congress, 
     the Architect of the Capitol, or the Supreme Court determined 
     by the Archivist to have sufficient historical or other value 
     to warrant their continued preservation by the United States 
     Government;
       ``(2) direct and effect the transfer of records of a 
     Federal agency determined by the Archivist to have sufficient 
     historical or other value to warrant their continued 
     preservation by the United States Government to the National 
     Archives of the United States, as soon as practicable, and at 
     a time mutually agreed upon by the Archivist and the head of 
     that Federal agency not later than thirty years after such 
     records were created or received by that agency, unless the 
     head of such agency has certified in writing to the Archivist 
     that such records must be retained in the custody of such 
     agency for use in the conduct of the regular business of the 
     agency;
       ``(3) direct and effect, with the approval of the head of 
     the originating Federal agency, or if the existence of the 
     agency has been terminated, with the approval of the head of 
     that agency's successor in function, if any, the transfer of 
     records, deposited or approved for deposit with the National 
     Archives of the United States to public or educational 
     institutions or associations; title to the records to remain 
     vested in the United States unless otherwise authorized by 
     Congress; and
       ``(4) transfer materials from private sources authorized to 
     be received by the Archivist by section 2111 of this title.
       ``(b) Early Transfer of Records.--The Archivist--
       ``(1) in consultation with the head of the originating 
     Federal agency, is authorized to accept a copy of the records 
     described in subsection (a)(2) that have been in existence 
     for less than thirty years; and
       ``(2) may not disclose any such records until the 
     expiration of--
       ``(A) the thirty-year period described in paragraph (1);
       ``(B) any longer period established by the Archivist by 
     order; or
       ``(C) any shorter period agreed to by the originating 
     Federal agency.''.
       (b) Material Accepted for Deposit.--Section 2111 of title 
     44, United States Code, is amended to read as follows:

     ``Sec. 2111. Material accepted for deposit

       ``(a) In General.--When the Archivist considers it to be in 
     the public interest the Archivist may accept for deposit--
       ``(1) the papers and other historical materials of a 
     President or former President of the United States, or other 
     official or former official of the Government, and other 
     papers relating to and contemporary with a President or 
     former President of the United States, subject to 
     restrictions agreeable to the Archivist as to their use; and
       ``(2) recorded information (as such term is defined in 
     section 3301(a)(2) of this title) from private sources that 
     are appropriate for preservation by the Government as 
     evidence of its organization, functions, policies, decisions, 
     procedures, and transactions.
       ``(b) Exception.--This section shall not apply in the case 
     of any Presidential records which are subject to the 
     provisions of chapter 22 of this title.''.
       (c) Preservation of Audio and Visual Records.--
       (1) In general.--Section 2114 of title 44, United States 
     Code, is amended to read as follows:

     ``Sec. 2114. Preservation of audio and visual records

       ``The Archivist may make and preserve audio and visual 
     records, including motion-picture films, still photographs, 
     and sound recordings, in analog, digital, or any other form, 
     pertaining to and illustrative of the historical development 
     of the United States Government and its activities, and 
     provide for preparing, editing, titling, scoring, processing, 
     duplicating, reproducing, exhibiting, and releasing for non-
     profit educational purposes, motion-picture films, still 
     photographs, and sound recordings in the Archivist's 
     custody.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 21 of title 44, United States Code, is 
     amended by striking the item for section 2114 and inserting 
     the following:

``2114. Preservation of audio and visual records.''.

       (d) Legal Status of Reproductions; Official Seal; Fees for 
     Copies and Reproductions.--Section 2116(a) of title 44, 
     United States Code, is amended by inserting ``digital,'' 
     after ``microphotographic,'', each place it appears.

     SEC. 4. RECORDS MANAGEMENT BY FEDERAL AGENCIES.

       Section 3106 of title 44, United States Code, is amended to 
     read as follows:

     ``Sec. 3106. Unlawful removal, destruction of records

       ``(a) Federal Agency Notification.--The head of each 
     Federal agency shall notify the Archivist of any actual, 
     impending, or threatened unlawful removal, defacing, 
     alteration, corruption, deletion, erasure, or

[[Page 605]]

     other destruction of records in the custody of the agency, 
     and with the assistance of the Archivist shall initiate 
     action through the Attorney General for the recovery of 
     records the head of the Federal agency knows or has reason to 
     believe have been unlawfully removed from that agency, or 
     from another Federal agency whose records have been 
     transferred to the legal custody of that Federal agency.
       ``(b) Archivist Notification.--In any case in which the 
     head of a Federal agency does not initiate an action for such 
     recovery or other redress within a reasonable period of time 
     after being notified of any such unlawful action described in 
     subsection (a), or is participating in, or believed to be 
     participating in any such unlawful action, the Archivist 
     shall request the Attorney General to initiate such an 
     action, and shall notify the Congress when such a request has 
     been made.''.

     SEC. 5. DISPOSAL OF RECORDS.

       (a) Definition of Records.--Section 3301 of title 44, 
     United States Code, is amended to read as follows:

     ``Sec. 3301. Definition of records

       ``(a) Records Defined.--
       ``(1) In general.--As used in this chapter, the term 
     `records'--
       ``(A) includes all recorded information, regardless of form 
     or characteristics, made or received by a Federal agency 
     under Federal law or in connection with the transaction of 
     public business and preserved or appropriate for preservation 
     by that agency or its legitimate successor as evidence of the 
     organization, functions, policies, decisions, procedures, 
     operations, or other activities of the United States 
     Government or because of the informational value of data in 
     them; and
       ``(B) does not include--
       ``(i) library and museum material made or acquired and 
     preserved solely for reference or exhibition purposes; or
       ``(ii) duplicate copies of records preserved only for 
     convenience.
       ``(2) Recorded information defined.--For purposes of 
     paragraph (1), the term `recorded information' includes all 
     traditional forms of records, regardless of physical form or 
     characteristics, including information created, manipulated, 
     communicated, or stored in digital or electronic form.
       ``(b) Determination of Definition.--The Archivist's 
     determination whether recorded information, regardless of 
     whether it exists in physical, digital, or electronic form, 
     is a record as defined in subsection (a) shall be binding on 
     all Federal agencies.''.
       (b) Regulations Covering Lists of Records for Disposal, 
     Procedure for Disposal, and Standards for Reproduction.--
     Section 3302(3) of title 44, United States Code, is amended 
     by striking ``photographic or microphotographic processes'' 
     and inserting ``photographic, microphotographic, or digital 
     processes''.
       (c) Lists and Schedules of Records To Be Submitted to the 
     Archivist by Head of Each Government Agency.--Section 3303(1) 
     of title 44, United States Code, is amended by striking 
     ``photographed or microphotographed'' and inserting 
     ``photographed, microphotographed, or digitized''.
       (d) Examination by Archivist of Lists and Schedules of 
     Records Lacking Preservation Value; Disposal of Records.--
     Section 3303a(c) of title 44, United States Code, is amended 
     by striking ``the Committee on Rules and Administration of 
     the Senate and the Committee on House Oversight of the House 
     of Representatives'' and inserting ``the Committee on 
     Oversight and Government Reform of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate''.
       (e) Photographs or Microphotographs of Records Considered 
     as Originals; Certified Reproductions Admissible in 
     Evidence.--Section 3312 of title 44, United States Code, is 
     amended--
       (1) in the first sentence, by striking ``Photographs or 
     microphotographs of records'' and inserting ``Photographs, 
     microphotographs of records, or digitized records''; and
       (2) in the second sentence, by striking ``photographs or 
     microphotographs'' and inserting ``photographs, 
     microphotographs, or digitized records'', each place it 
     appears.

     SEC. 6. PROCEDURES TO PREVENT UNAUTHORIZED REMOVAL OF 
                   CLASSIFIED RECORDS FROM NATIONAL ARCHIVES.

       (a) Classified Records.--Not later than 90 days after the 
     date of the enactment of this Act, the Archivist 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. Such procedures shall include, at a minimum, 
     the following prohibitions:
       (1) An individual, other than covered personnel, may not 
     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) An individual, other than covered personnel, may not be 
     left alone with classified records, unless that individual is 
     under video surveillance.
       (3) An individual, other than covered personnel, may not 
     review classified records while possessing any cellular 
     phone, electronic personal communication device, or any other 
     devices capable of photographing, recording, or transferring 
     images or content.
       (4) An individual 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 an individual, 
     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) Covered personnel.--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 United States 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 
     United States Government.
       (2) Records.--The term ``records'' has the meaning given 
     that term under section 3301 of title 44, United States Code.

     SEC. 7. REPEAL OF PROVISIONS RELATED TO THE NATIONAL STUDY 
                   COMMISSION ON RECORDS AND DOCUMENTS OF FEDERAL 
                   OFFICIALS.

       (a) In General.--Sections 3315 through 3324 of title 44, 
     United States Code, are repealed.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 33 of title 44, United States Code, is 
     amended by striking the items relating to sections 3315 
     through 3324.

     SEC. 8. PRONOUN AMENDMENTS.

       Title 44, United States Code, is amended--
       (1) in section 2116(c), by striking ``his'' and inserting 
     ``the Archivist's'';
       (2) in section 2201(2), by striking ``his'' and inserting 
     ``the President's'', each place it appears;
       (3) in section 2203--
       (A) in subsection (a), by striking ``his'' and inserting 
     ``the President's'';
       (B) in subsection (b), by striking ``his'' and inserting 
     ``the President's'';
       (C) in subsection (c)--
       (i) in the matter preceding paragraph (1)--

       (I) by striking ``his'' and inserting ``the President's''; 
     and
       (II) by striking ``those of his Presidential records'' and 
     inserting ``those Presidential records of such President''; 
     and

       (ii) in paragraph (2), by striking ``he'' and inserting 
     ``the Archivist'';
       (D) in subsection (d), by striking ``he'' and inserting 
     ``the Archivist'';
       (E) in subsection (e), by striking ``he'' and inserting 
     ``the Archivist''; and
       (F) in subsection (g), as so redesignated, by striking 
     ``he'' and inserting ``the Archivist'';
       (4) in section 2204--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1), by striking 
     ``his'' and inserting ``a President's''; and
       (ii) in paragraph (5), by striking ``his'' and inserting 
     ``the President's''; and
       (B) in subsection (b)--
       (i) in paragraph (1)(B), by striking ``his'' and inserting 
     ``the President's''; and
       (ii) in paragraph (3)--

       (I) by striking ``his''the first place it appears and 
     inserting ``the Archivist's''; and
       (II) by striking ``his designee'' and inserting ``the 
     Archivist's designee'';

       (5) in section 2205--
       (A) in paragraph (2)(B), by striking ``his'' and inserting 
     ``the incumbent President's''; and
       (B) in paragraph (3), by striking ``his'' and inserting 
     ``the former President's'';
       (6) in section 2901(11), by striking ``his'' and inserting 
     ``the Archivist's'';
       (7) in section 2904(c)(6), by striking ``his'' and 
     inserting ``the Archivist's'';
       (8) in section 2905(a)--
       (A) by striking ``He'' and inserting ``The Archivist''; and
       (B) by striking ``his'' and inserting ``the Archivist's'';
       (9) in section 3103, by striking ``he'' and inserting ``the 
     head of such agency'';
       (10) in section 3104--
       (A) by striking ``his''the first place it appears and 
     inserting ``such official's''; and
       (B) by striking ``him or his'' and inserting ``such 
     official or such official's'';
       (11) in section 3105, by striking ``he'' and inserting 
     ``the head of such agency'';
       (12) in section 3302(1), by striking ``him'' and inserting 
     ``the Archivist''; and
       (13) in section 3303a--
       (A) in subsection (a)--
       (i) by striking ``him'' and inserting ``the Archivist'', 
     each place it appears; and
       (ii) by striking ``he'' and inserting ``the Archivist'';
       (B) in subsection (c), by striking ``he'' and inserting 
     ``the Archivist'';
       (C) in subsection (e), by striking ``his'' and inserting 
     ``the Archivist's''; and
       (D) in subsection (f), by striking ``he'' and inserting 
     ``the Archivist''.

[[Page 606]]



     SEC. 9. RECORDS MANAGEMENT BY THE ARCHIVIST.

       (a) Objectives of Records Management.--Section 2902 of 
     title 44, United States Code, is amended--
       (1) in paragraph (4), by striking ``creation and of records 
     maintenance and use'' and inserting ``creation, maintenance, 
     transfer, and use'';
       (2) in paragraph (6), by inserting after ``Federal 
     paperwork'' the following: ``and the transfer of records from 
     Federal agencies to the National Archives of the United 
     States in digital or electronic form to the greatest extent 
     possible''; and
       (3) in paragraph (7), by striking ``the Administrator or''.
       (b) Records Centers and Centralized Microfilming 
     Services.--
       (1) Amendment.--Section 2907 of title 44, United States 
     Code, is amended--
       (A) in the section heading by inserting ``or digitization'' 
     after ``microfilming''; and
       (B) by inserting ``or digitization'' after 
     ``microfilming''.
       (2) Conforming amendment.--The table of sections at the 
     beginning of chapter 29 of title 44, United States Code, is 
     amended in the item relating to section 2907 by inserting 
     ``or digitization'' after ``microfilming''.
       (c) General Responsibilities for Records Management.--
     Section 2904 of title 44, United States Code, is amended--
       (1) in subsection (b), by striking ``The Administrator'' 
     and inserting ``The Archivist'';
       (2) in subsection (c)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``their'' and inserting ``the'';
       (ii) by striking ``subsection (a) or (b), respectively'' 
     and inserting ``subsections (a) and (b)'';
       (iii) by striking ``and the Administrator''; and
       (iv) by striking ``each''; and
       (B) in paragraph (8), by striking ``or the Administrator 
     (as the case may be)''; and
       (3) subsection (d) is amended to read as follows:
       ``(d) The Archivist shall promulgate regulations requiring 
     all Federal agencies to transfer all digital or electronic 
     records to the National Archives of the United States in 
     digital or electronic form to the greatest extent 
     possible.''.
       (d) Inspection of Agency Records.--Section 2906 of title 
     44, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``their respective'' and inserting ``the'';
       (ii) by striking ``the Administrator of General Services 
     and'';
       (iii) by striking ``designee of either'' and inserting 
     ``the Archivist's designee'';
       (iv) by striking ``solely''; and
       (v) by inserting after ``for the improvement of records 
     management practices and programs'' the following: ``and for 
     determining whether the records of Federal agencies have 
     sufficient value to warrant continued preservation or lack 
     sufficient value to justify continued preservation'';
       (B) in paragraph (2)--
       (i) by striking ``the Administrator and''; and
       (ii) by striking the second sentence; and
       (C) in paragraph (3)--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``the Administrator or''; and
       (II) by striking ``designee of either'' and inserting 
     ``Archivist's designee''; and

       (ii) in subparagraph (A), by striking ``the Administrator, 
     the Archivist,'' and inserting ``the Archivist''; and
       (2) in subsection (b)--
       (A) by striking ``the Administrator and''; and
       (B) by striking ``designee of either'' and inserting 
     ``Archivist's designee''.
       (e) Reports; Correction of Violations.--Section 2115 of 
     title 44, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``their respective'' and inserting ``the'';
       (B) by striking ``and the Administrator''; and
       (C) by striking ``each''; and
       (2) in subsection (b)--
       (A) by striking ``either'';
       (B) by striking ``or the Administrator'', each place it 
     appears; and
       (C) by striking ``inaugurated'' and inserting 
     ``demonstrably commenced''.
       (f) Records Management by the Archivist.--.
       (1) Amendment.--The heading for chapter 29 of title 44, 
     United States Code, is amended by striking ``AND BY THE 
     ADMINISTRATOR OF GENERAL SERVICES''.
       (2) Conforming amendment.--The table of chapters at the 
     beginning of title 44, United States Code, is amended in the 
     item related to chapter 29 by striking ``and by the 
     Administrator of General Services''.
       (g) Establishment of Program of Management.--Section 
     3102(2) of title 44, United States Code, is amended by 
     striking ``the Administrator of General Services and''.

     SEC. 10. DISCLOSURE REQUIREMENT FOR OFFICIAL BUSINESS 
                   CONDUCTED USING NON-OFFICIAL ELECTRONIC 
                   MESSAGING ACCOUNT.

       (a) Amendment.--Chapter 29 of title 44, United States Code 
     is amended by adding at the end the following new section:

     ``Sec. 2911. Disclosure requirement for official business 
       conducted using non-official electronic messaging accounts

       ``(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 
     within five 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.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 29 of title 44, United States Code, is 
     amended by adding at the end the following new item:

``2911. Disclosure requirement for official business conducted using 
              non-official electronic messaging accounts''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Farenthold) and the gentleman from Maryland (Mr. Cummings) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. FARENTHOLD. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. FARENTHOLD. Mr. Speaker, I yield myself as much time as I may 
consume.
  Mr. Speaker, H.R. 1233 would codify the existing executive order that 
requires former Presidents to appeal to incumbent Presidents to keep 
certain Presidential documents privileged under the Presidential 
Records Act.
  This bill would lock into statute a process established by President 
Ronald Reagan in 1989, restored by President Obama in 2009, and used 
without controversy by four of the last five Presidents.
  The bill would ensure greater transparency for the privilege 
extension requests by former Presidents and help prevent abuses of the 
system.
  The bill does not expand the limits of executive privilege, nor would 
it give former Presidents custodial rights over their administration's 
Presidential records. Let me say that again to make perfectly clear, 
Mr. Speaker. The bill does not expand the limits of the executive 
privilege, nor does it give former Presidents custodial rights over 
their administrations' Presidential records.
  What the bill does is shift the focus from the technology used to 
capture and store information to the information itself. Historically, 
Federal recordkeeping has taken a medium-focused approached to keeping 
records. In a world where technological advances rapidly and equipment 
and software become obsolete in months instead of years, making 
agencies focus their efforts on preserving all information rather than 
the information in certain forms ensures a more robust historical 
record, and does so without constant legislative updating.
  H.R. 1233 would also create a framework to end the all-too-common 
practice of executive branch employees using personal email, IM, 
instant messages, and similar technologies to engage in official 
Federal business. Specifically, the bill requires official business 
done on personal accounts be forwarded to an official account within 5

[[Page 607]]

days and authorizes negative personnel actions against individuals who 
intentionally violate this disclosure requirement.
  The bill also phases out paper-focused relics of the current Federal 
recordkeeping law. The bill would change the so-called 30-year 
presumption, which lets Federal agencies hold on to their records for a 
30-year period before turning them over to the National Archives, a 
rule which, in the current environment, all but guarantees the 
information will disappear as the technology used to store that 
information changes. Imagine delivering punch cards today to the 
National Archives. It would be a massive challenge to try to make that 
in a readable form today. Betamax tapes, we see technology change and 
the need for this to be updated. It would also make it much easier for 
agencies to turn over their records to the National Archives sooner.
  This bill would also eliminate the so-called print-to-file rule, 
which actually encourages agencies to print out their electronic files 
and send the paper to the National Archives. Archaic rules like these 
actually stand in the way of effective recordkeeping.
  I reserve the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
  First of all, I want to begin by thanking Chairman Issa for 
supporting this legislation and for making this a bipartisan effort. 
The Presidential and Federal Records Act Amendments is aimed at giving 
the American people access to the records Presidents create while they 
are in office.
  Under the Presidential Records Act, a President has discretion to 
restrict access to his records for up to 12 years after he leaves 
office. After that time, a President can continue to restrict access to 
his records by arguing that the records are protected by executive 
privilege.
  The Presidential Records Act does not currently include guidelines 
for the consideration of Presidential privilege claims. This bill would 
amend the law by adding procedures to ensure the timely release of 
Presidential records.
  Under the bill, current and former Presidents would have up to 90 
days to object to release of records or those records would be 
released. The Presidential and Federal Records Act also would require 
that any assertion of privilege by a former President be affirmed by 
the incumbent President or through a court order.
  The bill we are considering today also makes clear that the right to 
assert the privilege is personal to current and former Presidents, and 
that they not be bequeathed to assistants, relatives, or decedents. 
Putting this language into statute will ensure that future Presidents 
are held to the standard first set by President Reagan.
  The chairman of the Oversight Committee, Representative Darrell Issa, 
added an amendment during the committee markup of the bill to address 
the use of personal email by Federal employees. There is nothing 
currently in the Presidential Records Act or the Federal Records Act 
that prohibits employees from using personal email accounts to conduct 
official business. These acts simply require preservation of these 
records. This bill will continue to allow employees to use their 
personal email account when necessary, but it would require employees 
to copy their official email account or forward their email to their 
official account.
  This is a good government bill. Similar versions of this bill 
overwhelmingly passed the House in two previous Congresses. I urge my 
colleagues to support H.R. 1233 so the Senate can take it up quickly 
and so that it might be sent on to the President for his signature.
  With that, I reserve the balance of my time.
  Mr. FARENTHOLD. Mr. Speaker, I stand with Mr. Cummings in supporting 
this good government bill that continues to preserve information from 
the Federal Government for historians and future generations, adapts to 
modern technology and closes the loophole with respect to private email 
accounts.
  I am a huge supporter, happy we are working together in a bipartisan 
manner on these and other good government bills.
  I continue to reserve the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume 
as I close.
  Again, I want to thank the gentleman for yielding. I want to thank 
our chairman and the members of our committee for making this happen.
  Again, there are situations where we find the law needs 
clarification. This is one of those clarifying opportunities, and we 
have taken advantage of it in a bipartisan way. Again, I would urge all 
of our Members to vote in favor of this legislation.
  With that, I yield back the balance of my time.
  Mr. FARENTHOLD. Mr. Speaker, I join the gentleman from Maryland in 
urging my colleagues to support H.R. 1233, and I yield back the 
remainder of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Farenthold) that the House suspend the rules 
and pass the bill, H.R. 1233, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. FARENTHOLD. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________