[Senate Report 113-218]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-218
_______________________________________________________________________

                                     

                                                       Calendar No. 487

 
        PRESIDENTIAL AND FEDERAL RECORDS ACT AMENDMENTS OF 2014

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                               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






                 July 23, 2014.--Ordered to be printed


        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                  THOMAS R. CARPER, Delaware, Chairman
CARL LEVIN, Michigan                 TOM COBURN, Oklahoma
MARK L. PRYOR, Arkansas              JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana          RON JOHNSON, Wisconsin
CLAIRE McCASKILL, Missouri           ROB PORTMAN, Ohio
JON TESTER, Montana                  RAND PAUL, Kentucky
MARK BEGICH, Alaska                  MICHAEL B. ENZI, Wyoming
TAMMY BALDWIN, Wisconsin             KELLY AYOTTE, New Hampshire
HEIDI HEITKAMP, North Dakota

                  Gabrielle A. Batkin, Staff Director
               John P. Kilvington, Deputy Staff Director
                    Mary Beth Schultz, Chief Counsel
                   Jonathan M. Kraden, Senior Counsel
            Deirdre G. Armstrong, Professional Staff Member
               Keith B. Ashdown, Minority Staff Director
         Christopher J. Barkley, Minority Deputy Staff Director
               Andrew C. Dockham, Minority Chief Counsel
                  Patrick J. Bailey, Minority Counsel
                     Laura W. Kilbride, Chief Clerk


                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................5
 IV. Section-by-Section Analysis of the Bill, as Reported.............6
  V. Evaluation of Regulatory Impact..................................9
 VI. Congressional Budget Office Cost Estimate.......................10
VII. Changes in Existing Law Made by the Bill, as Reported...........10


                                                       Calendar No. 487
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-218

======================================================================


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

                                _______
                                

                 July 23, 2014.--Ordered to be printed

                                _______
                                

 Mr. Carper, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                        [To accompany H.R. 1233]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred 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, having considered the same, reports favorably 
thereon, with amendments, and recommends that the bill, as 
amended, do pass.

                         I. Purpose and Summary

    H.R. 1233, the Presidential and Federal Records Act 
Amendments of 2014, amends the Presidential Records Act of 1978 
to establish a process by which incumbent and former Presidents 
can review Presidential records\1\ to determine whether to 
assert that executive privilege limits the release of those 
records. The bill also makes a number of reforms to the Federal 
Records Act to modernize federal recordkeeping statutes and 
additional changes to improve the federal government's ability 
to capture and archive electronic records.
---------------------------------------------------------------------------
    \1\Section 2201(2) of the Presidential Records Act of 1978 defines 
Presidential records as ``documentary materials . . . created or 
received by the President, his immediate staff, or a unit or individual 
of the Executive Office of the President whose function is to advise 
and assist the President, in the course of conducting activities which 
relate to or have an effect upon the carrying out of the 
constitutional, statutory, or other official or ceremonial duties of 
the President. Such term (A) includes any documentary materials 
relating to the political activities of the President or members of his 
staff, but only if such activities relate to or have a direct effect 
upon the carrying out of constitutional, statutory, or other official 
or ceremonial duties of the President; but (B) does not include any 
documentary materials that are (i) official records of an agency . . . 
(ii) personal records; (iii) stocks of publications and stationery; or 
(iv) extra copies of documents produced only for convenience of 
reference, when such copies are clearly so identified.'' 44 U.S.C. 
2201(2).
---------------------------------------------------------------------------

              II. Background and Need for the Legislation


Amendments to the Presidential Records Act

    Congress passed the Presidential Records Act of 1978 
(``PRA'' or ``the Act'') in the wake of the Watergate scandal 
and the resignation of President Nixon. Concerned about the 
possible destruction and loss of President Nixon's records, 
Congress gave the Archivist of the United States custody of 
former Presidents' records.\2\ The Act establishes a 
presumption that most Presidential records should ultimately be 
released to the public by imposing on the Archivist ``an 
affirmative duty to make such records available to the public 
as rapidly and completely as possible consistent with the 
provisions of this Act.''\3\
---------------------------------------------------------------------------
    \2\44 U.S.C. 2203(f)(1).
    \3\Id.
---------------------------------------------------------------------------
    Under the Act, however, a President has discretion to 
restrict access to his or her records for up to twelve years 
after leaving office. Following that period, records are to be 
released in accordance with the standards contained in the 
Freedom of Information Act (``FOIA''), with two key exceptions. 
First, FOIA's ``deliberative process'' exemption, pertaining to 
inter-agency or intra-agency memorandums or letters (5 U.S.C 
552(b)(5)), does not apply. Second, the Act implicitly allows a 
President to argue executive privilege shields certain records 
from public release, noting ``[n]othing in this Act shall be 
construed to confirm, limit, or expand any constitutionally-
based privilege which may be available to an incumbent or 
former President.''\4\
---------------------------------------------------------------------------
    \4\44 U.S.C. 2204(c)(2).
---------------------------------------------------------------------------
    Although the PRA provided guidelines for the management, 
custody, and access to Presidential records, it did not 
establish any procedures for the consideration of Presidential 
privilege claims. As a result, sitting Presidents have taken 
the matter into their own hands and issued Executive Orders 
purporting to govern the issue.
    President Ronald Reagan, the first President covered by the 
Act's mandates,\5\ issued the first such order in the final 
days of his administration. Executive Order 12667 required the 
Archivist to give the incumbent President and the former 
President whose White House created the record in question 
thirty calendar days advance notice before releasing 
Presidential records.\6\ The order authorized the Archivist to 
release the records at the end of that period unless the 
incumbent or former President claimed executive privilege, or 
unless the incumbent President instructed the Archivist to 
extend the period indefinitely. If the incumbent President 
decided to invoke executive privilege, the Archivist would 
withhold the records unless directed to release them by a final 
court order. If the incumbent President decided not to support 
a former President's claim of privilege, the Archivist would 
decide whether or not to honor the claim.
---------------------------------------------------------------------------
    \5\Although signed into law by President Carter, the PRA only 
applied to the records of Presidents who took office starting on 
January 20, 1981 or later.
    \6\Exec. Order No. 12667, 54 Fed. Reg. 3,403 (Jan. 18, 1989).
---------------------------------------------------------------------------
    Around the same time that President Reagan issued Executive 
Order 12667, he also exercised his right under the PRA to 
restrict access to some of his records for 12 years. This 
restriction period expired in January 2001.
    In February 2001, the Archivist provided the 30-day notice 
required by President Reagan's Executive Order of the 
Archivist's intent to release nearly 70,000 pages of President 
Reagan's records. In March, June, and August of 2001, counsel 
to then President George W. Bush requested that the Archivist 
extend the time for claiming executive privilege. The third 
extension request in August did not provide a specific deadline 
for compliance.
    In November 2001, President George W. Bush issued Executive 
Order 13233, the ``Further Implementation of the Presidential 
Records Act.''\7\ The order superseded President Reagan's 
Executive Order on the PRA and gave current and former 
Presidents (as well as Vice-Presidents) broad authority to 
withhold Presidential records or delay their release 
indefinitely.
---------------------------------------------------------------------------
    \7\3 C.F.R. 2001 Comp., pp. 815-819.
---------------------------------------------------------------------------
    For example, the Bush Executive Order allowed a former 
President to extend the document review period indefinitely 
(something the Reagan order authorized only sitting Presidents 
to do) and also provided an unlimited review period for the 
current President. In addition, the order greatly expanded the 
number of people who could assert executive privilege by 
allowing former Presidents to designate individuals to raise 
such claims after the former President's death and by providing 
a former Vice-President the authority to assert executive 
privilege claims over their records.
    The procedure established under the Bush Executive Order 
also could have been used to undermine the PRA's presumption 
that most Presidential records should ultimately be released. 
Unlike the Reagan order, which authorized the release of 
records on a schedule unless a President affirmatively extended 
the schedule or claimed privilege, the Bush order purported to 
prohibit the release of any records until after both the former 
and current President affirmatively notified the Archivist. 
Therefore, if either the current or former President simply did 
not respond to the Archivist, the records would not be 
released. Furthermore, the Bush order required the Archivist to 
honor a former President's claim of executive privilege and 
withhold the records, even if the incumbent President disagreed 
with the former President's claim.
    On January 21, 2009, the day after his inauguration, 
President Barack Obama issued Executive Order 13489.\8\ The 
Obama order revoked the Bush order and established a process 
for handling executive privilege claims similar to the one 
articulated in President Reagan's 1989 Executive Order.
---------------------------------------------------------------------------
    \8\See http://www.gpo.gov/fdsys/pkg/CFR-2010-title3-vol1/pdf/CFR-
2010-title3-vol1-eo13489 .pdf
---------------------------------------------------------------------------
    It has become evident to Congress that the PRA is not 
sufficiently clear with respect to its disclosure mandates. 
Without further Congressional action each successive President 
likely will issue his or her own executive order interpreting 
the original PRA. This would make the public's access to 
Presidential records contingent upon the will of the 
executive--the avoidance of which was the goal of the original 
PRA.
    H.R. 1233 would end the uncertainty associated with the 
handling of executive privilege claims over Presidential 
records by legislatively establishing procedures to ensure the 
timely release of such records.
    First, H.R. 1233 requires the Archivist to give the former 
and incumbent Presidents notice that the Archivist intends to 
release a former President's records. The bill entitles the 
Presidents to a period of 60 days--extendable for an additional 
30 days upon request--to object to the records' release. This 
gives a former and incumbent President time to review the 
records and decide whether to claim privilege. If neither 
President objects, the Archivist shall release the records to 
the public.
    Second, H.R. 1233 establishes different procedures for 
addressing privilege claims depending on whether the claimant 
is the current or a former President. This two-track approach 
reflects the Supreme Court's assessment that although former 
Presidents may retain some level of privilege over their 
documents after vacating the White House, such a claim 
``carries much less weight than a claim asserted by the 
incumbent himself.''\9\ Accordingly, under the bill, if an 
incumbent President claims privilege over a former President's 
records, the Archivist must withhold such records, and the 
requester of the records then bears the burden of challenging 
the incumbent President's claim of executive privilege in 
court. In comparison, if the incumbent President declines to 
support a former President's privilege claim, the Archivist 
will delay releasing the records for a short period of time in 
order to give the former President time to obtain a court order 
to enforce his or her privilege claim. Absent a court order to 
the contrary, the Archivist will release the records. This is 
the same approach followed in President Reagan's Executive 
Order on the PRA.
---------------------------------------------------------------------------
    \9\Nixon v. Administrator of General Services, et al., 433 U.S. 
425, 448 (1977).
---------------------------------------------------------------------------
    Third, H.R. 1233 clarifies that the decision to assert a 
claim of a constitutionally based privilege against the 
disclosure of a Presidential record must be made personally by 
a former President or the incumbent President.
    Finally, H.R. 1233 would ensure that all Presidential 
records, even those sent from a personal electronic messaging 
account, are properly preserved and maintained.

Amendments to the Federal Records Act

    H.R. 1233 also would amend several sections of the Federal 
Records Act, a statute originally enacted over 60 years ago. 
Congress first addressed federal recordkeeping in the 1930s, 
when the combination of growing public concern over poor agency 
recordkeeping practices and an expanding federal government 
necessitated recordkeeping solutions for a larger volume of 
records. In 1934, Congress established the National Archives 
and the position of Archivist of the United States as the 
primary, central agent of records preservation for the federal 
government.\10\
---------------------------------------------------------------------------
    \10\See National Archives Act, P.L. 73-432, 48 Stat. 1122 (1934).
---------------------------------------------------------------------------
    In 1950, Congress followed up the establishment of the 
National Archives with the Federal Records Act (``FRA''), which 
established basic records management responsibilities for 
federal agencies and set standards for how records were to be 
maintained, used, archived and ultimately disposed.\11\ 
Agencies were to internally manage and store most of their own 
records, while the National Archives would filter and preserve 
historical records that were to be ultimately transferred to 
the National Archives for posterity.
---------------------------------------------------------------------------
    \11\See 44 U.S.C. 3301, et seq.
---------------------------------------------------------------------------
    Congress has enacted amendments to the FRA over the years, 
but federal recordkeeping laws are still focused on the media 
or physical characteristics of how a record is preserved (e.g. 
books, papers, maps, photographs, etc.). H.R. 1233 would make a 
number of important improvements to the FRA, including updating 
the definition of what constitutes a `record' to shift the 
emphasis away from the physical media used to store information 
to the actual information being stored, regardless of form or 
characteristic. The bill also gives the National Archives and 
Records Administration (``NARA'') the authority to determine 
whether information is a `record', thus giving NARA the ability 
to issue regulations governing how agencies preserve, maintain, 
and handle the ever-increasing amount of electronic 
communications.
    H.R. 1233 would also allow agencies to transfer documents 
to NARA for processing in advance of the statutorily required 
date, authorize agencies to use digital reproductions when they 
are required to indefinitely maintain copies of documents, and 
require the Archivist to prescribe internal procedures to 
prevent the unauthorized removal or destruction of classified 
records from NARA facilities.
    Finally, like the amendments to the PRA, the amendments to 
the FRA also include language that would provide that an 
employee of an executive agency may not create or send a record 
from a non-official electronic messaging account without 
ensuring such record was submitted to an official electronic 
messaging account.

                        III. Legislative History

    H.R. 35, the Presidential Records Act Amendments of 2009, 
was introduced on January 6, 2009, by Representatives Edolphus 
Towns, Dan Burton, William Lacy Clay, Darrell Issa, Brad 
Sherman, and Henry Waxman. On January 7, 2009, H.R. 35 was 
agreed to in the House of Representatives by a vote of 359 to 
58. On April 1, 2009, with Senators Lieberman, Akaka, Carper, 
Pryor, Tester, Burris, Bennet, Collins, Coburn, and Voinovich 
present, by a voice vote, H.R. 35 was ordered reported 
favorably out of the Committee with an amendment in the nature 
of a substitute,\12\ but the bill was never enacted into law.
---------------------------------------------------------------------------
    \12\Presidential Records Act Amendments of 2009, H.R. 35, 111th 
Cong. (2009). See also S. Rep. No. 111-21 (2010).
---------------------------------------------------------------------------
    H.R. 1233 was introduced on March 18, 2013, by 
Representative Elijah E. Cummings (D-MD). H.R. 1233 includes 
language to update and modernize the Federal Records Act and 
the changes to the Presidential Records Act that were included 
in H.R. 35, as previously passed out of this Committee. On 
January 14, 2014, H.R. 1233 was agreed to in the House of 
Representatives by a vote of 420 to 0. The bill was received in 
the Senate on January 15, 2014 and referred to the Homeland 
Security and Governmental Affairs Committee.
    The Committee considered the bill at a business meeting on 
May 21, 2014. Senators Carper and Coburn offered one amendment 
to the bill which clarified that a President, Vice President or 
their staff should ensure that all Presidential records, even 
those sent from a personal electronic messaging account, are 
properly preserved and maintained in an official electronic 
messaging account. The amendment also extended the deadlines 
for ensuring Presidential and federal records are submitted to 
an official electronic messaging account from five days in the 
original bill to 20 days. The Committee approved the amendment 
en bloc.
    The committee ordered the bill, as amended, reported 
favorably en bloc by voice vote on May 21, 2014. Senators 
Carper, Pryor, Landrieu, McCaskill, Tester, Begich, Coburn, 
Johnson, Portman, and Enzi were present for the vote on the 
amendment and the bill.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title; Table of contents

    Section 1 establishes the bill's short title as the 
``Presidential and Federal Records Act Amendments of 2014'' and 
provides the bill's table of contents.

Section 2. Presidential records

    Subsection 2(a)(1) adds a new section 2208 to chapter 22 of 
title 44, United States Code, establishing a process for a 
former or incumbent President to make a claim of executive 
privilege over records of that former President yet to be 
released to the public.
    New subsection 2208(a)(1) provides that, when the Archivist 
of the United States decides to make Presidential records 
publicly available, the Archivist will promptly give advance 
notice to the former President during whose term the record was 
created and the incumbent President. The Archivist will also 
make the notice available to the public.
    New subsection 2208(a)(2) provides that the notice will be 
in writing and contain pertinent information as determined by 
the Archivist.
    New subsection 2208(a)(3)(A) provides that 60 business days 
after providing notice under subsection (a)(1), the Archivist 
shall make the noticed records available to the public unless 
the Archivist receives a claim of constitutional privilege from 
a former or incumbent President. The subsection allows for two 
exceptions to the 60-day deadline. First, subparagraph 
(a)(3)(B) authorizes a former or incumbent President to extend 
the deadline up to 30 additional working days by filing a 
statement with the Archivist that the additional time is needed 
for adequate review of the records. Second, under subparagraph 
(a)(3)(C) a deadline for review cannot expire before July 20th 
of the year that an incumbent President first takes office.
    New subsection 2208(b) requires the former or incumbent 
President to personally assert a privilege claim and notify the 
Archivist, the House Committee on Oversight and Government 
Reform, and the Senate Committee on Homeland Security and 
Governmental Affairs of the privilege claim on the day it is 
asserted.
    New subsection 2208(c) establishes the process through 
which a former President's records are released to the public 
and the manner in which the Archivist handles claims of 
privilege by a former President.
    New subsection 2208(c)(1) provides that if the former 
President asserts a privilege claim, the Archivist shall 
consult with the incumbent President to determine whether the 
incumbent President upholds the privilege claim of the former 
President.
    Under new subsection 2208(c)(2)(A), the Archivist must 
inform the former President and the public of the incumbent 
President's decision on the former President's claim of 
privilege within 30 days after having first received the claim 
of privilege.
    If the incumbent President upholds the former President's 
privilege claim, new subsection 2208(c)(2)(B) prohibits the 
Archivist from releasing the records unless the incumbent 
President withdraws his or her decision to uphold the former 
President's claim or the Archivist is otherwise directed by a 
final and non-appealable court order.
    If the incumbent President decides not to uphold the former 
President's claim of privilege (or fails to make a decision 
within the applicable time period), new subsection 
2208(c)(2)(C) requires the Archivist to release the applicable 
records 90 days after having first received notification of the 
former President's claim. The gap in time between the incumbent 
President's decision on whether to uphold the former 
President's privilege claim and the release of the records is 
designed to provide a former President the opportunity to argue 
his or her privilege claim in court. However, under H.R. 1233, 
the Archivist will ultimately release records unless otherwise 
directed by a court order in an action initiated by the former 
President.
    New subsection 2208(d)(1) provides that if the incumbent 
President asserts his or her own privilege claim over a former 
President's records, the Archivist shall not release the 
records unless the incumbent President withdraws his or her 
privilege claim or the Archivist is otherwise directed by a 
final and non-appealable court order. Subsection (d)(2) 
provides that subsection (d) does not apply to records required 
to be made available in connection with judicial or 
congressional proceedings.
    New subsection 2208(e) requires the Archivist to adjust 
applicable time periods to comply with the return date of any 
congressional subpoena, judicial subpoena, or judicial process.
    Subsection (b) makes technical corrections to modernize a 
number of definitions contained in 44 U.S.C. Sec. 2201.
    Subsection (c) modifies 44 U.S.C. Sec. 2203 to give 
Presidential administrations the option to, in effect, allow 
pre-accession of physical and electronic records.
    Subsection (d) amends 44 U.S.C. Sec. 2204 to prevent the 
Archivist from making any original Presidential records 
available to individuals claiming access to the records as a 
designated representative of a President if that individual has 
been convicted of a crime related to the review, retention, 
removal, or destruction of records of the Archives.
    Subsection (e) adds a new section 2209 to chapter 22 of 
title 44, United States Code, which provides that a President, 
Vice President or their staff should ensure that all 
Presidential records, even those sent from a personal 
electronic messaging account, are properly preserved and 
maintained in an official electronic messaging account. In 
cases of intentional violation of this requirement, the section 
authorizes disciplinary action as determined by the appropriate 
supervisor, in accordance with subchapter I, II, or V of 
chapter 75 of title 5, U.S. Code.

Section 3. National Archives and Records Administration (NARA)

    Subsection (a) amends 44 U.S.C. Sec. 2107 to outline the 
federal agency option of `pre-accessioning,' or the transfer of 
agency documents to NARA for processing and release in advance 
of the statutorily required date for doing so.
    Subsection (b) amends 44 U.S.C. Sec. 2111 to clarify that 
NARA may accept for deposit `recorded information' generally, 
rather than the more limited types of information (e.g. motion-
picture films, still pictures, and sound recordings) that are 
listed under the current statutory language.
    Subsection (c) amends provisions in 44 U.S.C. Sec. 2114 to 
modernize terminology addressing the audio and visual records 
that NARA is likely to receive for deposit.
    Subsection (d) amends 44 U.S.C. Sec. 2116 to include 
digital reproductions among the categories of reproductions 
that federal agencies may keep when they are statutorily 
required to maintain copies of documents indefinitely.

Section 4. Records management by Federal agencies

    Section 4 amends 44 U.S.C. Sec. 3106 to expand the types of 
unlawful forms of destruction to include actions that are 
specific to electronic records, such as `corruption,' 
`deletion,' and `erasure,' that may not be covered under the 
current statutory language.

Section 5. Disposal of records

    Subsection (a) amends 44 U.S.C. 3301 to update the 
definition of `records' to shift the emphasis to the 
information being stored in a given record, rather than any 
specific media used to store information and gives NARA the 
authority to determine what constitutes a `record' as that term 
is applied to federal agencies. This, in effect, gives NARA the 
ability to issue binding regulations governing agencies' record 
preservation, maintenance, and transfer requirements.
    Subsections (b), (c), (e) amend 44 U.S.C. Sec. 3302(3), 
3303(1), and 3312, respectively, to add digitization language 
to provisions dealing with the scheduled disposal and 
evidentiary validity of federal records.
    Subsection (d) amends 44 U.S.C. Sec. 3303a(c) to update the 
language regarding the respective House and Senate 
congressional committees of jurisdiction.

Section 6. Procedures to prevent unauthorized removal of classified 
        records from National Archives

    This section requires the Archivist to prescribe internal 
procedures to prevent the unauthorized removal or destruction 
of classified records from NARA facilities.

Section 7. Repeal of provisions related to the National Study 
        Commission on Records and Documents of Federal Officials

    This section repeals provisions of Chapter 33 of title 44 
governing the now-defunct National Study Commission on Records 
and Documents of Federal Officials.

Section 8. Pronoun amendments

    This section removes pronouns throughout title 44 and 
replaces them with gender-neutral references to the Archivist, 
former President, incumbent President, or other official, as 
appropriate.

Section 9. Records management by the Archivist

    Subsection (a) amends 44 U.S.C. Sec. 2902 to require NARA 
promote and pursue electronic recordkeeping and receipt of 
electronic records from federal agencies.
    Subsection (b) amends 44 U.S.C. Sec. 2907 to provide the 
Archivist with the authority to establish and use records 
centers with the capability of digitizing records in the same 
way that NARA would capture records on microfilm or other 
photographic processes.
    Subsection (c) amends 44 U.S.C. Sec. 2904 to delete 
vestigial language regarding the General Services 
Administration (GSA) and its Administrator.
    Subsection (d) amends 44 U.S.C. Sec. 2906 to clarify NARA's 
ability to inspect federal agencies' records for the purpose of 
ensuring their historical value.
    Subsections (e), (f), and (g) amend 44 U.S.C. Sec. 2115, 
the heading for chapter 29, of title 44, U.S.C., and 44 U.S.C. 
3102(2), respectively, to delete references to GSA and its 
Administrator.

Section 10. Disclosure requirement for official business conducted 
        using non-official electronic messaging account

    Section 10 adds a new section 2911 to chapter 29 of title 
44, United States Code, which would provide that an employee of 
an executive agency may not create or send a record from a non-
official electronic messaging account without ensuring such 
record was submitted to an official electronic messaging 
account within 20 days. In cases of intentional violation of 
this disclosure requirement, the section authorizes 
disciplinary action as determined by the appropriate 
supervisor, in accordance with subchapter I, II, or V of 
chapter 75 of title 5, U.S. Code.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirement of paragraph 11(b)(1) of rule 
XXVI of the Standing Rules of the Senate the Committee has 
considered the regulatory impact of this bill. The Committee 
believes the bill updates the Federal Records Act and ends the 
uncertainty currently associated with the handling of executive 
privilege claims over Presidential records by establishing how 
the release of a former President's records will be managed. 
The legislation will not result in additional regulation, 
increased economic impact, adverse impact on personal privacy, 
or additional paperwork on any individuals or businesses.

             VI. Congressional Budget Office Cost Estimate

                                                      June 5, 2014.
Hon. Tom Carper,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1233, the 
Presidential and Federal Records Act Amendments of 2014.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 1233--Presidential and Federal Records Act Amendments of 2014

    H.R. 1233 would amend federal law regarding the 
preservation, storage, and management of federal records. The 
legislation would amend the Presidential Records Act to 
establish a process for reviewing Presidential records. The 
legislation also would update archival laws to accommodate the 
government's use of electronic and digital communications. 
Finally, H.R. 1233 would require the National Archives and 
Records Administration (NARA) to prevent unauthorized access or 
removal of government records.
    According to NARA, most provisions in H.R. 1233 would 
codify and expand current practices. Executive Orders and 
Presidential memoranda have directed NARA and agencies to 
better manage government records. Consequently, CBO estimates 
that implementing H.R. 1233 would have no significant cost over 
the next five years. The legislation could affect direct 
spending by agencies not funded through annual appropriations; 
therefore, pay-as-you-go procedures apply. CBO estimates, 
however, that any net increase in spending by those agencies 
would not be significant. Enacting H.R. 1233 would not affect 
revenues.
    H.R. 1233 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on the budgets of state, local, or tribal 
governments.
    On May 20, 2013, CBO transmitted a cost estimate for H.R. 
1233, the Presidential and Federal Records Act Amendments of 
2013, as ordered reported by the House Committee on Oversight 
and Government Reform on March 20, 2013. Both versions of the 
legislation contain similar provisions, and their estimated 
costs are the same.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

      VII. Changes in Existing Laws Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the following changes in existing 
law made by the bill, as reported, are shown as follows: 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 44--PUBLIC PRINTING AND DOCUMENTS

           *       *       *       *       *       *       *


Chap.                                                               Sec.
1. Joint Committee on Printing....................................   101
     * * * * * * *
29. Records Management by the Archivist of the United States [and 
              by the Administrator of General Services ]..........  2901
     * * * * * * *

        CHAPTER 21--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

Sec.
2101. Definitions.
     * * * * * * *
[2114. Preservation of motion-picture films, still pictures, and sound 
          recordings.]
2114. Preservation of audio and visual records.

           *       *       *       *       *       *       *


[Sec. 2107. Acceptance of records for historical preservation]

    [When it appears to the Archivist to be in the public 
interest, he 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 of the United States 
        to have sufficient historical or other value to warrant 
        their continued preservation by the United States 
        Government;]
          [(2) direct and effect the transfer to the National 
        Archives of the United States of records of a Federal 
        agency that have been in existence for more than thirty 
        years and determined by the Archivist of the United 
        States to have sufficient historical or other value to 
        warrant their continued preservation by the United 
        States Government, unless the head of the agency which 
        has custody of them certified in writing to the 
        Archivist that they must be retained in his custody for 
        use in the conduct of the regular current business of 
        the agency;]
          [(3) direct and effect, with the approval of the head 
        of the originating agency, or if the existence of the 
        agency has been terminated, then with the approval of 
        his 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.]

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.

           *       *       *       *       *       *       *


[Sec. 2111. Material accepted for deposit]

    [When the Archivist considers it to be in the public 
interest he 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) documents, including motion-picture films, still 
        pictures, and sound recordings, from private sources 
        that are appropriate for preservation by the Government 
        as evidence of its organization, functions, policies, 
        decisions, procedures, and transactions.]
    [This section shall not apply in the case of any 
Presidential records which are subject to the provisions of 
chapter 22 of this title.]

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.

           *       *       *       *       *       *       *


[Sec. 2114. Preservation of motion-picture films, still pictures, and 
                    sound recordings]

    [The Archivist may make and preserve motion-picture films, 
still pictures, and sound recordings 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 pictures, and 
sound recordings in his custody.]

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.

Sec. 2115. Reports; correction of violations

    (a) In carrying out [their respective] the duties and 
responsibilities under chapters 21, 25, 29, 31, and 33 of this 
title, the Archivist [and the Administrator] may [each] obtain 
reports from any Federal agency on such agency's activities 
under such chapters.
    (b) When [either] the Archivist [or the Administrator] 
finds that a provision of any such chapter has been or is being 
violated, the Archivist [or the Administrator] shall (1) inform 
in writing the head of the agency concerned of the violation 
and make recommendations for its correction; and (2) unless 
satisfactory corrective measures are [inaugurated] demonstrably 
commenced within a reasonable time, submit a written report of 
the matter to the President and the Congress.

Sec. 2116. Legal status of reproductions; official seal; fees for 
                    copies and reproductions

    (a) When records that are required by statute to be 
retained indefinitely have been reproduced by photographic, 
microphotographic, digital, or other processes, in accordance 
with standards established by the Archivist the indefinite 
retention by the photographic, microphotographic, digital, or 
other reproductions constitutes compliance with the statutory 
requirement for the indefinite retention of the original 
records. The reproductions, as well as reproductions made under 
regulations to carry out chapter 21, 29, 31, and 33 of this 
title, shall have the same legal status as the originals.

           *       *       *       *       *       *       *

    (c) The Archivist may charge a fee set to recover the costs 
for making or authenticating copies or reproductions of 
materials transferred to [his] the Archivist's custody. Such 
fee shall be fixed by the Archivist at a level which will 
recover, so far as practicable, all elements of such costs, and 
may, in the Archivist's discretion, include increments for the 
estimated replacement cost of equipment. Such fees shall be 
paid into, administered, and expended as a part of the National 
Archives Trust Fund. The Archivist may not charge for making or 
authenticating copies or reproductions of materials for 
official use by the United States Government unless 
appropriations available to the Archivist for this purpose are 
insufficient to cover the cost of performing the work.

           *       *       *       *       *       *       *


                    CHAPTER 22--PRESIDENTIAL RECORDS

     * * * * * * *
Sec.
2201. Definitions.
     * * * * * * *
2208. Claims of constitutionally based privilege against disclosure.
2209. Disclosure requirement for official business conducted using non-
          official electronic messaging accounts.

           *       *       *       *       *       *       *


Sec. 2201. Definitions

    As used in this chapter--
          (1) The term `documentary material' means all books, 
        correspondence, [memorandums] memoranda, documents, 
        papers, pamphlets, works of art, models, pictures, 
        photographs, plats, maps, films, and motion pictures, 
        including, but not limited to, [audio, audiovisual] 
        audio and visual records, or other electronic or 
        mechanical recordations, whether in analog, digital, or 
        any other form.
          (2) The term `Presidential records' means documentary 
        materials, or any reasonably segregable portion 
        thereof, created or received by the President, [his] 
        the President's immediate staff, or a unit or 
        individual of the Executive Office of the President 
        whose function is to [advise and assist] advise or 
        assist the President, in the course of conducting 
        activities which relate to or have an effect upon the 
        carrying out of the constitutional, statutory, or other 
        official or ceremonial duties of the President. Such 
        term--
                  (A) includes any documentary materials 
                relating to the political activities of the 
                President or members of [his] the President's 
                staff, but only if such activities relate to or 
                have a direct effect upon the carrying out of 
                constitutional, statutory, or other official or 
                ceremonial duties of the President; but

           *       *       *       *       *       *       *


Sec. 2203. Management and custody of Presidential records

    (a) Through the implementation of records management 
controls and other necessary actions, the President shall take 
all such steps as may be necessary to assure that the 
activities, deliberations, decisions, and policies that reflect 
the performance of [his] the President's constitutional, 
statutory, or other official or ceremonial duties are 
adequately documented and that such records are [maintained] 
preserved and maintained as Presidential records pursuant to 
the requirements of this section and other provisions of law.
    (b) Documentary materials produced or received by the 
President, [his] the President's staff, or units or individuals 
in the Executive Office of the President the function of which 
is to [advise and assist] advise or assist the President, 
shall, to the extent practicable, be categorized as 
Presidential records or personal records upon their creation or 
receipt and be filed separately.
    (c) During [his] the President's term of office, the 
President may dispose of [those of his Presidential records] 
those Presidential records of such President that no longer 
have administrative, historical, informational, or evidentiary 
value if--
          (1) * * *
          (2) the Archivist states that [he] the Archivist does 
        not intend to take any action under subsection (e) of 
        this section.
    (d) In the event the Archivist notifies the President under 
subsection (c) that [he] the Archivist does intend to take 
action under subsection (e), the President may dispose of such 
Presidential records if copies of the disposal schedule are 
submitted to the appropriate Congressional Committees at least 
60 calendar days of continuous session of Congress in advance 
of the proposed disposal date. For the purpose of this section, 
continuity of session is broken only by an adjournment of 
Congress sine die, and the days on which either House is not in 
session because of an adjournment of more than three days to a 
day certain are excluded in the computation of the days in 
which Congress is in continuous session.
    (e) The Archivist shall request the advice of the Committee 
on Rules and Administration and the Committee on Governmental 
Affairs of the Senate and the Committee on House Oversight and 
the Committee on Government Operations of the House of 
Representatives with respect to any proposed disposal of 
Presidential records whenever [he] the Archivist considers 
that--
          (1) * * *

           *       *       *       *       *       *       *

    (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.
    [(f)] (g)(1) Upon the conclusion of a President's term of 
office, or if a President serves consecutive terms upon the 
conclusion of the last term, the Archivist of the United States 
shall assume responsibility for the custody, control, and 
preservation of, and access to, the Presidential records of 
that President. The Archivist shall have an affirmative duty to 
make such records available to the public as rapidly and 
completely as possible consistent with the provisions of this 
[Act] chapter.

           *       *       *       *       *       *       *

    (3) The Archivist is authorized to dispose of such 
Presidential records which [he] the Archivist has appraised and 
determined to have insufficient administrative, historical, 
informational, or evidentiary value to warrant their continued 
preservation. Notice of such disposal shall be published in the 
Federal Register at least 60 days in advance of the proposed 
disposal date. Publication of such notice shall constitute a 
final agency action for purposes of review under chapter 7 of 
title 5, United States Code.

Sec. 2204. Restrictions on access to Presidential records

    (a) Prior to the conclusion of [his] a President's term of 
office or last consecutive term of office, as the case may be, 
the President shall specify durations, not to exceed 12 years, 
for which access shall be restricted with respect to 
information, in a Presidential record, within one or more of 
the following categories:
          (1) * * *

           *       *       *       *       *       *       *

          (5) confidential communications requesting or 
        submitting advice, between the President and [his] the 
        President's advisers, or between such advisers; or

           *       *       *       *       *       *       *

    (b)(1) Any Presidential record or reasonably segregable 
portion thereof containing information within a category 
restricted by the President under subsection (a) shall be so 
designated by the Archivist and access thereto shall be 
restricted until the earlier of--
          (A) * * *
          (B) upon a determination by the Archivist that such 
        record or reasonably segregable portion thereof, or of 
        any significant element or aspect of the information 
        contained in such record or reasonably segregable 
        portion thereof, has been placed in the public domain 
        through publication by the former President, or [his] 
        the President's agents.

           *       *       *       *       *       *       *

    (3) During the period of restricted access specified 
pursuant to subsection (b)(1), the determination whether access 
to a Presidential record or reasonably segregable portion 
thereof shall be restricted shall be made by the Archivist, in 
[his] the Archivist's discretion, after consultation with the 
former President, and, during such period, such determinations 
shall not be subject to judicial review, except as provided in 
subsection (e) of this section. The Archivist shall establish 
procedures whereby any person denied access to a Presidential 
record because such record is restricted pursuant to a 
determination made under this paragraph, may file an 
administrative appeal of such determination. Such procedures 
shall provide for a written determination by the Archivist or 
[his designee] the Archivist's designee, within 30 working days 
after receipt of such an appeal, setting forth the basis for 
such determination.

           *       *       *       *       *       *       *

    (d) Upon the death or disability of a President or former 
President, any discretion or authority the President or former 
President may have had under this chapter, except section 2208, 
shall be exercised by the Archivist unless otherwise previously 
provided by the President or former President in a written 
notice to the Archivist.

           *       *       *       *       *       *       *

    (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.

Sec. 2205. Exceptions to restricted access

    Notwithstanding any restrictions on access imposed pursuant 
to [section 2204] sections 2204 and 2208 of this title--
          (1) * * *
          (2) subject to any rights, defenses, or privileges 
        which the United States or any agency or person may 
        invoke, Presidential records shall be made available--
                  (A) pursuant to [subpena] subpoena or other 
                judicial process issued by a court of competent 
                jurisdiction for the purposes of any civil or 
                criminal investigation or proceeding;
                  (B) to an incumbent President if such records 
                contain information that is needed for the 
                conduct of current business of [his] the 
                incumbent President's office and that is not 
                otherwise available; and

           *       *       *       *       *       *       *

          (3) the Presidential records of a former President 
        shall be available to such former President or [his] 
        the former President's designated representative.

           *       *       *       *       *       *       *


Sec. 2207. Vice-Presidential records

    Vice-Presidential records shall be subject to the 
provisions of this chapter in the same manner as Presidential 
records. The duties and responsibilities of the Vice President, 
with respect to Vice-Presidential records, shall be the same as 
the duties and responsibilities of the President under this 
chapter, except section 2208, with respect to Presidential 
records. The authority of the Archivist with respect to Vice-
Presidential records shall be the same as the authority of the 
Archivist under this chapter with respect to Presidential 
records, except that the Archivist may, when the Archivist 
determines that it is in the public interest, enter into an 
agreement for the deposit of Vice-Presidential records in a 
non-Federal archival depository. Nothing in this chapter shall 
be construed to authorize the establishment of separate 
archival depositories for such Vice-Presidential records.

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.

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

    (a) In General.--The President, the Vice President, or a 
covered employee may not create or send a Presidential or Vice 
Presidential record using a non-official electronic message 
account unless the President, Vice President, or covered 
employee--
          (1) copies an official electronic messaging account 
        of the President, Vice President, or covered employee 
        in the original creation or transmission of the 
        Presidential record or Vice Presidential record; or
          (2) forwards a complete copy of the Presidential or 
        Vice Presidential record to an official electronic 
        messaging account of the President, Vice President, or 
        covered employee not later than 20 days after the 
        original creation or transmission of the Presidential 
        or Vice Presidential record.
    (b) Adverse Actions.--The intentional violation of 
subsection (a) by a covered employee (including any rules, 
regulations, or other implementing guidelines), as determined 
by the appropriate supervisor, shall be a basis for 
disciplinary action in accordance with subchapter I, II, or V 
of chapter 75 of title 5, as the case may be.
    (c) Definitions.--In this section:
          (1) Covered employee.--The term `covered employee' 
        means--
                  (A) the immediate staff of the President;
                  (B) the immediate staff of the Vice 
                President;
                  (C) a unit or individual of the Executive 
                Office of the President whose function is to 
                advise and assist the President; and
                  (D) a unit or individual of the Office of the 
                Vice President whose function is to advise and 
                assist the Vice President.
          (2) Electronic messages.--The term `electronic 
        messages' means electronic mail and other electronic 
        messaging systems that are used for purposes of 
        communicating between individuals.
          (3) Electronic messaging account.--The term 
        `electronic messaging account' means any account that 
        sends electronic messages.

           *       *       *       *       *       *       *


  CHAPTER 29--RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED STATES 
             [AND BY THE ADMINISTRATOR OF GENERAL SERVICES]

Sec.
2901. Definitions.
     * * * * * * *
2907. Records centers and centralized microfilming or digitization 
          services.
     * * * * * * *
2911. Disclosure requirement for official business conducted using non-
          official electronic messaging accounts.

           *       *       *       *       *       *       *


Sec. 2901. Definitions

    As used in this chapter, and chapters 21, 25, 31, and 33 of 
this title--
          (1) * * *

           *       *       *       *       *       *       *

          (11) the term `National Archives of the United 
        States' means those official records which have been 
        determined by the Archivist of the United States to 
        have sufficient historical or other value to warrant 
        their continued preservation by the Federal Government, 
        and which have been accepted by the Archivist for 
        deposit in [his] the Archivist's custody;

           *       *       *       *       *       *       *


Sec. 2902. Objectives of records management

    It is the purpose of this chapter, and chapters 21, 31, and 
33 of this title, to require the establishment of standards and 
procedures to assure efficient and effective records 
management. Such records management standards and procedures 
shall seek to implement the following goals:
          (1) * * *

           *       *       *       *       *       *       *

          (4) Simplification of the activities, systems, and 
        processes of records [creation and of records 
        maintenance and use] creation, maintenance, transfer, 
        and use.

           *       *       *       *       *       *       *

          (6) Direction of continuing attention on records from 
        their initial creation to their final disposition, with 
        particular emphasis on the prevention of unnecessary 
        Federal paperwork 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.
          (7) Establishment and maintenance of such other 
        systems or techniques as [the Administrator or] the 
        Archivist considers necessary to carry out the purposes 
        of this chapter, and chapters 21, 31, and 33 of this 
        title.

           *       *       *       *       *       *       *


Sec. 2904. General responsibilities for records management

    (a) * * *
    (b) [The Administrator] The Archivist shall provide 
guidance and assistance to Federal agencies to ensure 
economical and effective records management by such agencies.
    (c) In carrying out [their] the responsibilities under 
[subsection (a) or (b), respectively] subsections (a) and (b), 
the Archivist [and the Administrator] shall [each] have the 
responsibility--
          (1) * * *

           *       *       *       *       *       *       *

          (6) to conduct records management studies and, in 
        [his] the Archivist's discretion, designate the heads 
        of executive agencies to conduct records management 
        studies with respect to establishing systems and 
        techniques designed to save time and effort in records 
        management;

           *       *       *       *       *       *       *

          (8) to report to the appropriate oversight and 
        appropriations committees of the Congress and to the 
        Director of the Office of Management and Budget in 
        January of each year and at such other times as the 
        Archivist [or the Administrator (as the case may be)] 
        deems desirable--
                  (A) * * *

           *       *       *       *       *       *       *

    [(d) In addition, the Administrator, in carrying out 
subsection (b), shall have the responsibility to promote 
economy and efficiency in the selection and utilization of 
space, staff, equipment, and supplies for records management.]
    (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.

Sec. 2905. Establishment of standards for selective retention of 
                    records; security measures

    (a) The Archivist shall establish standards for the 
selective retention of records of continuing value, and assist 
Federal agencies in applying the standards to records in their 
custody. [He] The Archivist shall notify the head of a Federal 
agency of any actual, impending, or threatened unlawful 
removal, defacing, alteration, or destruction of records in the 
custody of the agency that shall come to [his] the Archivist's 
attention, and assist the head of the agency in initiating 
action through the Attorney General for the recovery of records 
unlawfully removed and for other redress provided by law. In 
any case in which the head of the 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, 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. 2906. Inspection of agency records

    (a)(1) In carrying out [their respective] the duties and 
responsibilities under this chapter, [the Administrator of 
General Services and] the Archivist (or the [designee of 
either] Archivist's designee) may inspect the records or the 
records management practices and programs of any Federal agency 
[solely] for the purpose of rendering recommendations for the 
improvement of records management practices and programs and 
for determining whether the records of Federal agencies have 
sufficient value to warrant continued preservation or lack 
sufficient value to justify continued preservation. Officers 
and employees of such agencies shall cooperate fully in such 
inspections, subject to the provisions of paragraphs (2) and 
(3) of this subsection.
    (2) Records, the use of which is restricted by law or for 
reasons of national security or the public interest, shall be 
inspected, in accordance with regulations promulgated by [the 
Administrator and] the Archivist, subject to the approval of 
the head of the agency concerned or of the President. [The 
regulations promulgated by the Administrator and the Archivist 
under this paragraph shall, to the extent practicable, be 
identical.]
    (3) If [the Administrator or] the Archivist (or the 
[designee of either] Archivist's designee) inspects a record, 
as provided in this subsection, which is contained in a system 
of records which is subject to section 552a of title 5, such 
record shall be--
          (A) maintained by [the Administrator, the Archivist,] 
        the Archivist or such designee as a record contained in 
        a system of records; or

           *       *       *       *       *       *       *

    (b) In conducting the inspection of agency records provided 
for in subsection (a) of this section, [the Administrator and] 
the Archivist (or the [designee of either] Archivist's 
designee) shall, in addition to complying with the provisions 
of law cited in subsection (a)(3), comply with all other 
Federal laws and be subject to the sanctions provided therein.

Sec. 2907. Records centers and centralized microfilming or digitization 
                    services

    The Archivist may establish, maintain, and operate records 
centers and centralized microfilming or digitization services 
for Federal agencies.

           *       *       *       *       *       *       *


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 not later than 20 days after the original 
        creation or transmission of the record.
    (b) Adverse Actions.--The intentional violation of 
subsection (a) (including any rules, regulations, or other 
implementing guidelines), as determined by the appropriate 
supervisor, shall be a basis for disciplinary action in 
accordance with subchapter I, II, or V of chapter 75 of title 
5, as the case may be.
    (c) Definitions.--In this section:
          (1) Electronic messages.--The term `electronic 
        messages' means electronic mail and other electronic 
        messaging systems that are used for purposes of 
        communicating between individuals.
          (2) Electronic messaging account.--The term 
        `electronic messaging account' means any account that 
        sends electronic messages.
          (3) Executive agency.--The term `executive agency' 
        has the meaning given that term in section 105 of title 
        5.

           *       *       *       *       *       *       *


CHAPTER 31--RECORDS MANAGEMENT BY FEDERAL AGENCIES

           *       *       *       *       *       *       *



Sec. 3102. Establishment of program of management

    The head of each Federal agency shall establish and 
maintain an active, continuing program for the economical and 
efficient management of the records of the agency. The program, 
among other things, shall provide for
          (1) * * *
          (2) cooperation with [the Administrator of General 
        Services and] the Archivist in applying standards, 
        procedures, and techniques designed to improve the 
        management of records, promote the maintenance and 
        security of records deemed appropriate for 
        preservation, and facilitate the segregation and 
        disposal of records of temporary value; and

           *       *       *       *       *       *       *


Sec. 3103. Transfer of records to records centers

    When the head of a Federal agency determines that such 
action may affect substantial economies or increased operating 
efficiency, [he] the head of such agency shall provide for the 
transfer of records to a records center maintained and operated 
by the Archivist, or, when approved by the Archivist, to a 
center maintained and operated by the head of the Federal 
agency.

Sec. 3104. Certifications and determinations on transferred records

    An official of the Government who is authorized to certify 
to facts on the basis of records in [his] such official's 
custody, may certify to facts on the basis of records that have 
been transferred by [him or his] such official or such 
official's predecessors to the Archivist, and may authorize the 
Archivist to certify to facts and to make administrative 
determinations on the basis of records transferred to the 
Archivist, notwithstanding any other law.

Sec. 3105. Safeguards

    The head of each Federal agency shall establish safeguards 
against the removal or loss of records [he] the head of such 
agency determines to be necessary and required by regulations 
of the Archivist. Safeguards shall include making it known to 
officials and employees of the agency--
          (1) * * *

           *       *       *       *       *       *       *


[Sec. 3106. Unlawful removal, destruction of records]

    [The head of each Federal agency shall notify the Archivist 
of any actual, impending, or threatened unlawful removal, 
defacing, alteration, or destruction of records in the custody 
of the agency of which he is the head that shall come to his 
attention, and with the assistance of the Archivist shall 
initiate action through the Attorney General for the recovery 
of records he knows or has reason to believe have been 
unlawfully removed from his agency, or from another Federal 
agency whose records have been transferred to his legal 
custody. In any case in which the head of the 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, 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. 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 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.

           *       *       *       *       *       *       *


                    CHAPTER 33--DISPOSAL OF RECORDS

Sec.
3301. Definition of records.
[3315. Definitions.]
[3316. Establishment of Commission.]
[3317. Duties of Commission.]
[3318. Membership.]
[3319. Director and staff; experts and consultants.]
[3320. Powers of Commission.]
[3321. Support services.]
[3322. Report.]
[3323. Termination.]
[3324. Authorization of appropriations.]

[Sec. 3301. Definition of records]

    [As used in this chapter, `records' includes all books, 
papers, maps, photographs, machine readable materials, or other 
documentary materials, regardless of physical form or 
characteristics, made or received by an agency of the United 
States Government 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 Government 
or because of the informational value of data in them. Library 
and museum material made or acquired and preserved solely for 
reference or exhibition purposes, extra copies of documents 
preserved only for convenience of reference, and stocks of 
publications and of processed documents are not included.]

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.

Sec. 3302. Regulations covering lists of records for disposal, 
                    procedure for disposal, and standards for 
                    reproduction

    The Archivist shall promulgate regulations, not 
inconsistent with this chapter, establishing--
          (1) procedures for the compiling and submitting to 
        [him] the Archivist of lists and schedules of records 
        proposed for disposal,

           *       *       *       *       *       *       *

          (3) standards for the reproduction of records by 
        [photographic or microphotographic processes] 
        photographic, microphotographic, or digital processes 
        with a view to the disposal of the original records.

Sec. 3303. Lists and schedules of records to be submitted to the 
                    Archivist by head of each Government agency

    The head of each agency of the United States Government 
shall submit to the Archivist, under regulations promulgated as 
provided by section 3302 of this title--
          (1) lists of any records in the custody of the agency 
        that have been [photographed or microphotographed] 
        photographed, microphotographed, or digitized under the 
        regulations and that, as a consequence, do not appear 
        to have sufficient value to warrant their further 
        preservation by the Government;

           *       *       *       *       *       *       *


Sec. 3303a. Examination by Archivist of lists and schedules of records 
                    lacking preservation value; disposal of records

    (a) The Archivist shall examine the lists and schedules 
submitted to [him] the Archivist under section 3303 of this 
title. If the Archivist determines that any of the records 
listed in a list or schedule submitted to [him] the Archivist 
do not, or will not after the lapse of the period specified, 
have sufficient administrative, legal, research, or other value 
to warrant their continued preservation by the Government, [he] 
the Archivist may, after publication of notice in the Federal 
Register and an opportunity for interested persons to submit 
comment thereon--
          (1) * * *

           *       *       *       *       *       *       *

    (c) The Archivist may request advice and counsel from [the 
Committee on Rules and Administration of the Senate and the 
Committee on House Oversight of the House of Representatives] 
the Committee on Oversight and Government Reform of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate with respect to the disposal 
of any particular records under this chapter whenever [he] the 
Archivist considers that--
          (1) * * *

           *       *       *       *       *       *       *

    (e) The Archivist may approve and effect the disposal of 
records that are in [his] the Archivist's legal custody, 
provided that records that had been in the custody of another 
existing agency may not be disposed of without the written 
consent of the head of the agency.
    (f) The Archivist shall make an annual report to the 
Congress concerning the disposal of records under this chapter, 
including general descriptions of the types of records disposed 
of and such other information as [he] the Archivist considers 
appropriate to keep the Congress fully informed regarding the 
disposal of records under this chapter.

           *       *       *       *       *       *       *


Sec. 3312. Photographs or microphotographs of records considered as 
                    originals; certified reproductions admissible in 
                    evidence

    [Photographs or microphotographs of records] Photographs, 
microphotographs of records, or digitized records made in 
compliance with regulations under section 3302 of this title 
shall have the same effect as the originals and shall be 
treated as originals for the purpose of their admissibility in 
evidence. Certified or authenticated reproductions of the 
[photographs or microphotographs] photographs, 
microphotographs, or digitized records shall be admitted in 
evidence equally with the original [photographs or 
microphotographs] photographs, microphotographs, or digitized 
records.

           *       *       *       *       *       *       *


[Sec. 3315. Definitions]

    [For purposes of this section and section 3316 through 
section 3324 of this title--]
          [(1) the term `Federal official' means any individual 
        holding the office of President or Vice President of 
        the United States, or Senator or Representative in, or 
        Delegate or Resident Commissioner to, the Congress of 
        the United States, or any officer of the executive, 
        judicial, or legislative branch of the Federal 
        Government;]
          [(2) the term `Commission' means the National Study 
        Commission on Records and Documents of Federal 
        Officials; and]
          [(3) the term `records and documents' shall include 
        handwritten and typewritten documents, motion pictures, 
        television tapes and recordings, magnetic tapes, 
        automated data processing documentation in various 
        forms, and other records that reveal the history of the 
        Nation.]

[Sec. 3316. Establishment of Commission]

    [There is established a commission to be known as the 
National Study Commission on Records and Documents of Federal 
Officials.]

[Sec. 3317. Duties of Commission]

    [It shall be the duty of the Commission to study problems 
and questions with respect to the control, disposition, and 
preservation of records and documents produced by or on behalf 
of Federal officials, with a view toward the development of 
appropriate legislative recommendations and other 
recommendations regarding appropriate rules and procedures with 
respect to such control, disposition, and preservation. 
Suchstudy shall include consideration 
of--]
          [(1) whether the historical practice regarding the 
        records and documents produced by or on behalf of 
        Presidents of the United States should be rejected or 
        accepted and whether such practice should be made 
        applicable with respect to all Federal officials;]
          [(2) the relationship of the findings of the 
        Commission to the provisions of chapter 19 of this 
        title, section 2101 through section 2108 of this title, 
        and other Federal laws relating to the control, 
        disposition, and preservation of records and documents 
        of Federal officials;]
          [(3) whether the findings of the Commission should 
        affect the control, disposition, and preservation of 
        records and documents of agencies within the Executive 
        Office of the President created for short-term purposes 
        by the President;]
          [(4) the recordkeeping procedures of the White House 
        Office, with a view toward establishing means to 
        determine which records and documents are produced by 
        or on behalf of the President;]
          [(5) the nature of rules and procedures which should 
        apply to the control, disposition, and preservation of 
        records and documents produced by Presidential task 
        forces, commissions, and boards;]
          [(6) criteria which may be used generally in 
        determining the scope of materials which should be 
        considered to be the records and documents of Members 
        of the Congress;]
          [(7) the privacy interests of individuals whose 
        communications with Federal officials, and with task 
        forces, commissions, and boards, are a part of the 
        records and documents produced by such officials, task 
        forces, commissions, and boards; and]
          [(8) any other problems, questions, or issues which 
        the Commission considers relevant to carrying out its 
        duties under section 3315 through section 3324 of this 
        title.]

[Sec. 3318. Membership]

    [(a)(1) The Commission shall be composed of seventeen 
members as follows:]
          [(A) one Member of the House of Representatives 
        appointed by the Speaker of the House upon 
        recommendation made by the majority leader of the 
        House;]
          [(B) one Member of the House of Representatives 
        appointed by the Speaker of the House upon 
        recommendation made by the minority leader of the 
        House;]
          [(C) one Member of the Senate appointed by the 
        President pro tempore of the Senate upon recommendation 
        made by the majority leader of the Senate;]
          [(D) one Member of the Senate appointed by the 
        President pro tempore of the Senate upon recommendation 
        made by the minority leader of the Senate;]
          [(E) one member of the Federal judiciary appointed by 
        the Chief Justice of the United States;]
          [(F) one person employed by the Executive Office of 
        the President or the White House Office, appointed by 
        the President;]
          [(G) three appointed by the President, by and with 
        the advice and consent of the Senate, from persons who 
        are not officers or employees of any government and who 
        are specially qualified to serve on the Commission by 
        virtue of their education, training, or experience;]
          [(H) one representative of the Department of State, 
        appointed by the Secretary of State;]
          [(I) one representative of the Department of Defense, 
        appointed by the Secretary of Defense;]
          [(J) one representative of the Department of Justice, 
        appointed by the Attorney General;]
          [(K) the Administrator of General Services (or his 
        delegate);]
          [(L) the Librarian of Congress;]
          [(M) one member of the American Historical 
        Association, appointed by the counsel of such 
        Association;]
          [(N) one member of the Society of American 
        Archivists, appointed by such Society; and]
          [(O) one member of the Organization of American 
        Historians, appointed by such Organization.]
    [(2) No more than two members appointed under paragraph 
(1)(G) may be of the same political party.]
    [(b) A vacancy in the Commission shall be filled in the 
manner in which the original appointment was made.]
    [(c) If any member of the Commission who was appointed to 
the Commission as a Member of the Congress leave such office, 
or if any member of the Commission who was appointed from 
persons who are not officers or employees of any government 
becomes an officer or employee of a government, he may continue 
as a member of the Commission for no longer than the sixty-day 
period beginning on the date he leaves such office or becomes 
such an officer or employee, as the case may be.]
    [(d) Members shall be appointed for the life of the 
Commission.]
    [(e)(1) Members of the Commission shall serve without pay.]
    [(2) While away from their homes or regular places of 
business in the performance of services for the Commission, 
members of the Commission shall be allowed travel expenses in 
the same manner as persons employed intermittently in the 
service of the Federal Government are allowed expenses under 
section 5703 of title 5, United States Code, except that per 
diem in lieu of subsistence shall be paid only to those members 
of the Commission who are not full-time officers or employees 
of the United States or Members of the Congress.]
    [(f) The Chairman of the Commission shall be designated by 
the President from among members appointed under subsection 
(a)(1)(G).]
    [(g) The Commission shall meet at the call of the Chairman 
or a majority of its members.]

[Sec. 3319. Director and staff; experts and consultants]

    [(a) The Commission shall appoint a Director who shall be 
paid at a rate not to exceed the rate of basic pay in effect 
for level V of the Executive Schedule (5 U.S.C. 5316).]
    [(b) The Commission may appoint and fix the pay of such 
additional personnel as it deems necessary.]
    [(c)(1) The Commission may procure temporary and 
intermittent services to the same extent as is authorized by 
section 3109(b) of title 5, United States Code, but at rates 
for individuals not to exceed the daily equivalent of the 
annual rate of basic pay in effect for grade GS-15 of the 
General Schedule (5 U.S.C. 5332).]
    [(2) In procuring services under this subsection, the 
Commission shall seek to obtain the advice and assistance of 
constitutional scholars and members of the historical, 
archival, and journalistic professions.]
    [(d) Upon request of the Commission, the head of any 
Federal agency is authorized to detail, on a reimbursable 
basis, any of the personnel of such agency to the Commission to 
assist it in carrying out its duties under sections 3315 
through 3324 of this title.]

[Sec. 3320. Powers of Commission]

    [(a) The Commission may, for the purpose of carrying out 
its duties under sections 3315 through 3324 of this title, hold 
such hearings, sit and act at such times and places, take such 
testimony, and receive such evidence, as the Commission may 
deem desirable.]
    [(b) When so authorized by the Commission, any member or 
agent of the Commission may take any action which the 
Commission is authorized to take by this section.]
    [(c) The Commission may secure directly from any department 
or agency of the United States information necessary to enable 
the Commission to carry out its duties under section 3315 
through section 3324 of this title. Upon request of the 
Chairman of the Commission, the head of such department or 
agency shall furnish such information to the Commission.]

[Sec. 3321. Support services]

    [(a) The Administrator of General Services shall provide to 
the Commission on a reimbursable basis such administrative 
support services and assistance as the Commission may request.]
    [(b) The Archivist of the United States shall provide to 
the Commission on a reimbursable basis such technical and 
expert advice, consultation, and support assistance as the 
Commission may request.]

[Sec. 3322. Report]

    [The Commission shall transmit to the President and to each 
House of the Congress a report not later than March 31, 1977. 
Such report shall contain a detailed statement of the findings 
and conclusions of the Commission, together with its 
recommendations for such legislation, administrative actions, 
and other actions, as it deems appropriate.]

[Sec. 3323. Termination]

    [The Commission shall cease to exist sixty days after 
transmitting its report under section 3322 of this title.]

[Sec. 3324. Authorization of appropriations]

    [There is authorized to be appropriated such sums as may be 
necessary to carry out section 3315 through section 3324 of 
this title.]

           *       *       *       *       *       *       *


                                  
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