II 

116TH CONGRESS 

2D SESSION S. 5059 

To amend chapter 22 of title 44, United States Code, to ensure Presidential 

records are preserved, duly created when non-official electronic messaging 

accounts are used, and made available to the public and the next administration in a timely fashion to advance national security and accountability, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 17, 2020 

Mr. MURPHY introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend chapter 22 of title 44, United States Code, to 

ensure Presidential records are preserved, duly created 

when non-official electronic messaging accounts are used, 

and made available to the public and the next administration in a timely fashion to advance national security 

and accountability, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting Account5 ability and Security in Transitions Act of 2020’’ or the 

6 ‘‘PAST Act’’. 


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1 SEC. 2. SENSE OF CONGRESS. 

2 The sense of Congress is the following: 

3 (1) The preservation of Presidential records (as 

4 defined in section 2201 of title 44, United States 

5 Code) is a legal obligation for every Presidential ad6 ministration, as Presidential records are the most 

7 important and widely used source for studying how 

8 the executive branch of the Federal Government 

9 works, how it has changed over time, and how it 

10 might evolve to serve the needs of a new era. 

11 (2) The preservation of Presidential records is 

12 therefore vital for— 

13 (A) the public to be able to understand 

14 and learn from the past; 

15 (B) future policymaking to build on the 

16 past administration’s successes and experience; 

17 (C) ensuring accountability for results, 

18 performance, and conduct; and 

19 (D) other purposes that serve to strength20 en American democracy. 

21 (3) Any effort to destroy, alter, or remove Pres22 idential records in violation of chapter 22 of title 44, 

23 United States Code— 

24 (A) threatens the values described in para25 graph (2); and 


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1 (B) may subject a person engaging in such 

2 efforts to other criminal penalties under section 

3 641 or 2071 of title 18, United States Code. 

4 (4) The lawful disposal of Presidential records 

5 that no longer have administrative, historical, infor6 mational, or evidentiary value must follow a process 

7 as described in section 2203 of title 44, United 

8 States Code. 

9 (5) What constitutes a Presidential record is 

10 determined solely by whether the record relates to 

11 the ‘‘carrying out of constitutional, statutory, or 

12 other official or ceremonial duties of the President’’, 

13 as indicated in the definition of the term ‘‘Presi14 dential records’’ in section 2201 of title 44, United 

15 States Code, and by the content of the information 

16 contained in the record. 

17 (6) For communication between agencies and 

18 the Executive Office of the President, the copy of 

19 the record belonging to the agency is retained as an 

20 agency record pursuant to section 3301 of title 44, 

21 United States Code. 

22 (7) Consistent with section 2203 of title 44, 

23 United States Code, any Presidential records created 

24 with non-official electronic media shall be ‘‘pre25 served’’, which includes a comprehensive documentaVerDate Sep 11 2014 22:10 Jan 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5059.IS S5059

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1 tion of all records and associated metadata and at2 tachments. 

3 (8) Applications or software with an automatic 

4 deleting functionality are antithetical to the legal 

5 and historical obligations described under chapter 22 

6 of title 44, United States Code. 

7 (9) Periods of Presidential transition are mo8 ments where the national security of the United 

9 States is most vulnerable, necessitating an early, 

10 good faith, and consistent commitment by the out11 going administration to ensure continuity of oper12 ations as it relates to national security and pro13 tecting critical infrastructure, among other reasons. 

14 (10) Agencies and the Executive Office of the 

15 President are required by law to cooperate with the 

16 Archivist of the United States and the Federal 

17 Transition Coordinator of the General Service Ad18 ministration, who is tasked with ensuring agencies 

19 comply with all statutory requirements relating to 

20 transition planning under section 4(c) of the Presi21 dential Transition Act of 1963 (3 U.S.C. 102 note). 

22 (11) During a Presidential transition, Presi23 dential records, which contain valuable information 

24 regarding agreements or negotiations with foreign 

25 governments and international organizations and the 


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1 actions and beliefs of foreign nations or actors are 

2 of enormous value to the national security. 

3 (12) Any effort to delay briefings, coordination, 

4 and sharing information regarding key national se5 curity relationships, threats, and operations with an 

6 incoming administration or the destruction, removal, 

7 or alteration of Presidential records that attest to 

8 the information described in this section could pose 

9 a grave danger to the national security. 

10 (13) An expeditious ascertainment of the plau11 sible President-elect and Vice-President-elect by the 

12 Administrator of General Services plays a vital role 

13 in ensuring continuity of Government and protecting 

14 national security such that the risk of redundant ex15 penditure is overwhelmed by the advantages of an 

16 early access to transition resources to allow for tran17 sition planning. 

18 (14) The National Archives and Records Ad19 ministration plays an essential role in ensuring the 

20 official proceedings of Government are documented 

21 to improve democracy in the United States, protect 

22 national security, provide continuity of Government 

23 during a transition, and promote accountability for 

24 actions taking during a Presidency. 


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1 (15) The robust funding of the National Ar2 chives and Records Administration and protection of 

3 its officers and employees from political interference 

4 is a national imperative and must be a priority for 

5 Congress. 

6 SEC. 3. DEFINITIONS. 

7 Section 2201 of title 44, United States Code, is 

8 amended— 

9 (1) in paragraph (1), by inserting ‘‘, and in10 cludes the metadata associated with all such mate11 rial’’ before the period; and 

12 (2) by adding at the end the following: 

13 ‘‘(6) The term ‘electronic messaging account’ 

14 includes electronic mail, chat or instant messaging, 

15 text messaging, voicemail messaging, and other mes16 saging platforms or apps, such as social media or 

17 mobile applications, among other applications. 

18 ‘‘(7) The term ‘official electronic messaging ac19 count’ includes electronic messaging accounts pro20 vided by an executive agency or the Executive Office 

21 of the President. 

22 ‘‘(8) The term ‘dispose’, with respect to docu23 mentary material, means to remove, deface, alter, 

24 corrupt, delete, erase, or otherwise destroy the docu25 mentary material.’’. 


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1 SEC. 4. MANAGEMENT AND CUSTODY OF PRESIDENTIAL 

2 RECORDS. 

3 (a) IN GENERAL.—Section 2203 of title 44, United 

4 States Code, is amended— 

5 (1) by redesignating subsections (e), (f), and 

6 (g) as subsections (g), (h), and (i), respectively; 

7 (2) by redesignating subsection (d) as sub8 section (e); 

9 (3) by striking subsection (c) and inserting the 

10 following: 

11 ‘‘(c) The President shall obtain the advice of the Ar12 chivist in applying standards, procedures, and techniques 

13 designed to— 

14 ‘‘(1) improve the management of records; 

15 ‘‘(2) promote the maintenance and security of 

16 records determined appropriate for preservation; and 

17 ‘‘(3) facilitate the segregation and disposal of 

18 records of temporary value. 

19 ‘‘(d)(1) During the President’s term of office, if the 

20 President wishes to dispose of those Presidential records 

21 of such President that no longer have administrative, his22 torical, informational, or evidentiary value— 

23 ‘‘(A) the President shall request, in writing, the 

24 views of the Archivist concerning the proposed dis25 posal of such Presidential records; and 


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1 ‘‘(B) the Archivist shall indicate, in writing, 

2 whether the Archivist intends to take any action 

3 under subsection (g) of this section with respect to 

4 the Presidential records. 

5 ‘‘(2) Not later than 5 business days after the date 

6 on which the Archivist provides a written indication under 

7 paragraph (1)(B), the Archivist shall make publicly avail8 able on a website any communications received or sent by 

9 the Archivist regarding the potential disposal of Presi10 dential records under paragraph (1).’’; 

11 (4) in subsection (e), as so redesignated— 

12 (A) by striking ‘‘subsection (c)’’ and in13 serting ‘‘subsection (d)’’; and 

14 (B) by striking ‘‘subsection (e)’’ and in15 serting ‘‘subsection (g)’’; and 

16 (5) by inserting after subsection (e), as so re17 designated, the following: 

18 ‘‘(f) In January of each even-numbered year, the Ar19 chivist shall, in coordination with the Office of Administra20 tion of the Executive Office of the President, submit to 

21 the Chairman and Ranking Member of each committee of 

22 jurisdiction of either House of Congress, of the Committee 

23 on Appropriations of the Senate, and of the Committee 

24 on Appropriations of the House of Representatives and to 

25 the President a report that— 


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1 ‘‘(1) is based on inspections conducted by the 

2 Archivist, in coordination with the Office of Admin3 istration of the Executive Office of the President, of 

4 the Presidential records management programs of 

5 the Executive Office of the President; and 

6 ‘‘(2) evaluates— 

7 ‘‘(A) the records management activities 

8 and training conducted and standard operating 

9 procedures and guidance issued pursuant to 

10 this section; and 

11 ‘‘(B) responses to any recommendations 

12 resulting from inspections or studies conducted 

13 under this section.’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) Section 2105(a)(2) of title 44, United 

16 States Code, is amended by striking ‘‘paragraph 

17 (f)(2)’’ and inserting ‘‘subsection (i)(2)’’. 

18 (2) Chapter 22 of title 44, United States Code, 

19 is amended— 

20 (A) in section 2204(b)(2)(A), by striking 

21 ‘‘section 2203(d)(1)’’ and inserting 

22 ‘‘2203(i)(1)’’; and 

23 (B) in section 2206(1), by striking ‘‘sec24 tion 2203(f)(3)’’ and inserting ‘‘section 

25 2203(i)(4)’’. 


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1 SEC. 5. RESTRICTIONS ON ACCESS TO PRESIDENTIAL 

2 RECORDS. 

3 Section 2204 of title 44, United States Code, is 

4 amended— 

5 (1) in subsection (b)(3), by striking ‘‘shall not 

6 be subject to judicial review, except as provided’’ and 

7 inserting ‘‘shall be subject to judicial review, includ8 ing as provided’’; and 

9 (2) in subsection (e)— 

10 (A) by inserting ‘‘(1)’’ before ‘‘The United 

11 States’’; and 

12 (B) by adding at the end the following: 

13 ‘‘(2)(A) A person seeking access to a Presidential 

14 record to which access is restricted under subsection (a) 

15 may file an action in the United States District Court for 

16 the District of Columbia seeking release of the Presi17 dential record. 

18 ‘‘(B) In an action filed under subparagraph (A), the 

19 court shall direct the release of a Presidential record, or 

20 a reasonably segregable portion thereof, if the court deter21 mines that the Presidential record, or the reasonably seg22 regable portion thereof, is not within any of the categories 

23 specified in subsection (a) and there is not a valid claim 

24 of constitutionally based privilege against disclosure.’’. 


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1 SEC. 6. EXCEPTIONS TO RESTRICTED ACCESS. 

2 Section 2205(2)(C) of title 44, United States Code, 

3 is amended— 

4 (1) by striking ‘‘to any committee or sub5 committee thereof’’ and inserting ‘‘upon request by 

6 the Chairman or Ranking Member of a committee or 

7 subcommittee thereof, to such Chairman or ranking 

8 member,’’; and 

9 (2) by striking ‘‘its business’’ and inserting 

10 ‘‘the business of the committee or subcommittee’’. 

11 SEC. 7. REGULATIONS. 

12 Section 2206 of title 44, United States Code, is 

13 amended— 

14 (1) by inserting ‘‘(a)’’ before ‘‘The Archivist’’; 

15 (2) in subsection (a), as so designated— 

16 (A) in paragraph (3), by striking ‘‘and’’ at 

17 the end; 

18 (B) in paragraph (4), by striking the pe19 riod and inserting a semicolon; and 

20 (C) by adding at the end the following: 

21 ‘‘(5) provisions— 

22 ‘‘(A) for what constitutes official and non23 official electronic messaging accounts; and 

24 ‘‘(B) establishing procedures for docu25 menting— 


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1 ‘‘(i) Presidential records created on 

2 non-official electronic messaging accounts 

3 (including emerging technologies, applica4 tions, and platforms); and 

5 ‘‘(ii) required metadata; 

6 ‘‘(6) provisions for the preservation of digital 

7 media, including from social media accounts, that 

8 may appear to be personal records or private prop9 erty but the preservation of which may be required 

10 under this chapter; and 

11 ‘‘(7) provisions for the appropriate cir12 cumstances and controls for the use of messaging 

13 applications and software with automatic deleting or 

14 other similar functionalities.’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(b) The Archivist shall issue, and shall annually up17 date, implementation guidance with respect to the regula18 tions described in paragraphs (5) and (6) of subsection 

19 (a).’’. 

20 SEC. 8. DISCLOSURE REQUIREMENT FOR OFFICIAL BUSI21 NESS CONDUCTED USING NON-OFFICIAL 

22 ELECTRONIC MESSAGING ACCOUNTS. 

23 (a) IN GENERAL.—Section 2209(a) of title 44, 

24 United States Code, is amended— 


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1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘create or send’’ and inserting ‘‘create, 

3 send, or receive’’; 

4 (2) by redesignating paragraphs (1) and (2) as 

5 subparagraphs (A) and (B), respectively, and adjust6 ing the margin accordingly; and 

7 (3) by striking ‘‘The President,’’ and inserting 

8 the following: 

9 ‘‘(1) LIMITATIONS.—Not later than 90 days 

10 after assuming office, the President shall publicly re11 lease guidelines for officers and employees of the Ex12 ecutive Office of the President who create or receive 

13 documentary material that— 

14 ‘‘(A) prohibit the use of non-official elec15 tronic messaging accounts that cannot be easily 

16 copied or forwarded to an official electronic 

17 messaging account for official business; and 

18 ‘‘(B) prohibit the use of messaging ac19 counts or software with automatic deleting or 

20 other similar functionalities. 

21 ‘‘(2) REQUIREMENTS FOR USE.—The Presi22 dent,’’. 

23 SEC. 9. PRESIDENTIAL TRANSITION ACT OF 1963. 

24 The Presidential Transition Act of 1963 (3 U.S.C. 

25 102 note) is amended— 


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1 (1) in section 3— 

2 (A) in subsection (a)(8)(A), by striking 

3 clause (v) and inserting the following: 

4 ‘‘(v)(I)(aa) Activities under this paragraph shall in5 clude the preparation of a detailed classified, compart6 mented summary by the relevant outgoing executive 

7 branch officials of— 

8 ‘‘(AA) specific strategic, tactical, and oper9 ational threats to national security; 

10 ‘‘(BB) major military or covert operations; and 

11 ‘‘(CC) pending decisions on possible uses of 

12 military force or covert actions. 

13 ‘‘(bb) The summary prepared under item (aa) shall 

14 be provided to the President-elect and members of office 

15 staff with appropriate clearances that are designated by 

16 the President-elect as soon as possible after the date of 

17 the general elections held to determine the electors of 

18 President and Vice President under section 1 or 2 of title 

19 3, United States Code. 

20 ‘‘(II) The Archivist of the United States shall collabo21 rate with the Federal Transition Coordinator and agen22 cies, including the Executive Office of the President, to 

23 ensure that the President-elect and members of office staff 

24 with appropriate clearances that are designated by the 

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1 tion (including documents, videos, audio, and briefings) 

2 created by the previous administration after the inaugura3 tion of the President-elect. 

4 ‘‘(III) The Archivist of the United States shall submit 

5 to the Chairman and Ranking Member of each committee 

6 of jurisdiction of either House of Congress, of the Com7 mittee on Appropriations of the Senate, and of the Com8 mittee on Appropriations of the House of Representatives 

9 a report if the Archivist of the United States believes there 

10 appears to be noncompliance with the requirements under 

11 this clause.’’; and 

12 (B) in subsection (c)— 

13 (i) by inserting ‘‘(1)’’ before ‘‘The 

14 terms’’; and 

15 (ii) by adding at the end the fol16 lowing: 

17 ‘‘(2)(A) Not later than 6 days after the date of a gen18 eral election described in paragraph (1), the Administrator 

19 shall make the ascertainment described in paragraph (1) 

20 without any interference or undue pressure from the 

21 President or a candidate for President, or any representa22 tive thereof, based on provisional results from State elec23 tion officials and expert analysis of results. 

24 ‘‘(B) Given the imperatives of an orderly transition, 

25 if there is a plausible chance that the apparent successful 


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1 candidate for the office of President and Vice President, 

2 respectively, are not the incumbent, or if the incumbent 

3 was not a candidate, the Administrator shall provide a 

4 portion of the services and facilities authorized to be pro5 vided under this section to all parties with a plausible 

6 chance of being the successful candidate.’’; and 

7 (2) in section 4— 

8 (A) in subsection (d)— 

9 (i) in paragraph (2)— 

10 (I) in subparagraph (B), by 

11 striking ‘‘and’’ at the end; 

12 (II) in subparagraph (C), by 

13 striking the period at the end and in14 serting ‘‘; and’’; and 

15 (III) by adding at the end the 

16 following: 

17 ‘‘(D) under the guidance of the Archivist 

18 of the United States, monitor compliance with 

19 chapter 22 of title 44, United States Code, in20 cluding the preservation of all records and pre21 vention of any records from being disposed un22 less done in accordance with such chapter.’’; 

23 (ii) in paragraph (3)— 


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1 (I) by redesignating subpara2 graphs (C) and (D) as subparagraphs 

3 (D) and (E), respectively; and 

4 (II) by inserting after subpara5 graph (B) the following: 

6 ‘‘(C) the Archivist of the United States;’’; 

7 and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(5) ROLE OF THE ARCHIVIST.— 

11 ‘‘(A) IN GENERAL.—Not later than 120 

12 days before the date of a Presidential election, 

13 the Archivist of the United States shall send a 

14 written communication to all officers and em15 ployees of the Executive Office of the President 

16 who create or receive documentary material (as 

17 defined under section 2201 of title 44, United 

18 States Code)— 

19 ‘‘(i) describing the requirements under 

20 chapter 22 of title 44, United States Code; 

21 and 

22 ‘‘(ii) establishing a timeline for co23 operation with the Archivist of the United 

24 States to ensure an orderly and timely 


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1 transition of records subject to such chap2 ter if there is a Presidential transition. 

3 ‘‘(B) REPORTING.— 

4 ‘‘(i) IN GENERAL.—Not later than 30 

5 days after the date of a Presidential elec6 tion which results in a Presidential transi7 tion, the Archivist of the United States, in 

8 coordination with the Federal Transition 

9 Coordinator, shall submit to the Chairman 

10 and Ranking Member of each committee of 

11 jurisdiction of either House of Congress, of 

12 the Committee on Appropriations of the 

13 Senate, and of the Committee on Appro14 priations of the House of Representatives a 

15 report discussing the status of the transi16 tion activities of the White House Transi17 tion Coordinating Council and identifying 

18 concerns, if any, regarding compliance with 

19 chapter 22 of title 44, United States Code. 

20 ‘‘(ii) NONCOMPLIANCE.—The Archi21 vist of the United States shall submit to 

22 the Chairman and Ranking Member of 

23 each committee of jurisdiction of either 

24 House of Congress, of the Committee on 

25 Appropriations of the Senate, and of the 


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1 Committee on Appropriations of the House 

2 of Representatives a report if the Archivist 

3 of the United States believes there appears 

4 to be noncompliance with the requirements 

5 or timeline described in subparagraph 

6 (A).’’; 

7 (B) in subsection (e)(2)— 

8 (i) in subparagraph (D), by striking 

9 ‘‘and’’ at the end; 

10 (ii) in subparagraph (E), by striking 

11 the period at the end and inserting ‘‘; 

12 and’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(F) under the guidance of the Archivist of 

16 the United States, monitor compliance with 

17 chapter 22 of title 44, United States Code, in18 cluding the preservation of all records and pre19 vention of any records from being disposed un20 less done in accordance with such chapter.’’; 

21 (C) by redesignating subsection (i) as sub22 section (j); and 

23 (D) by inserting after subsection (h) the 

24 following: 

25 ‘‘(i) ROLE OF THE ARCHIVIST.— 


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1 ‘‘(1) IN GENERAL.—Not later than 120 days 

2 before the date of a Presidential election, the Archi3 vist of the United States shall send a written com4 munication to the head of each agency— 

5 ‘‘(A) describing the requirements under 

6 chapter 33 of title 44, United States Code; and 

7 ‘‘(B) establishing a timeline for coopera8 tion with the Archivist of the United States to 

9 ensure an orderly and timely transition of 

10 records subject to such chapter if there is a 

11 Presidential transition. 

12 ‘‘(2) REPORTING.— 

13 ‘‘(A) IN GENERAL.—Not later than 30 

14 days after the date of a Presidential election 

15 which results in a Presidential transition, the 

16 Archivist of the United States, in coordination 

17 with the Federal Transition Coordinator, shall 

18 submit to the Chairman and Ranking Member 

19 of each committee of jurisdiction of either 

20 House of Congress, of the Committee on Appro21 priations of the Senate, and of the Committee 

22 on Appropriations of the House of Representa23 tives a report discussing the status of the tran24 sition activities of agencies and identifying conVerDate Sep 11 2014 22:10 Jan 10, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S5059.IS S5059

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1 cerns, if any, regarding compliance with chapter 

2 33 of title 44, United States Code. 

3 ‘‘(B) NONCOMPLIANCE.—The Archivist of 

4 the United States shall submit to the Chairman 

5 and Ranking Member of each committee of ju6 risdiction of either House of Congress, of the 

7 Committee on Appropriations of the Senate, 

8 and of the Committee on Appropriations of the 

9 House of Representatives a report if the Archi10 vist of the United States believes there appears 

11 to be noncompliance with the requirements or 

12 timeline described in paragraph (1).’’. 

13 SEC. 10. FORMER PRESIDENTS. 

14 The Act entitled ‘‘An Act to provide retirement, cler15 ical assistants, and free mailing privileges to former Presi16 dents of the United States, and for other purposes’’, ap17 proved August 25, 1958 (commonly known as the 

18 ‘‘Former Presidents Act of 1958’’) (3 U.S.C. 102 note), 

19 is amended by adding at the end the following: 

20 ‘‘(h) If the Archivist of the United States determines 

21 that a former President did not comply with major re22 quirements under chapter 22 of title 44, United States 

23 Code, or the Presidential Transition Act of 1963 (3 U.S.C. 

24 102 note), the monetary amounts described in subsections 

25 (a) and (b) shall be withheld until the later of— 


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1 ‘‘(1) 1 year after the date on which the Archi2 vist makes that determination; or 

3 ‘‘(2) the date on which the Archivist determines 

4 the former President has adequately complied with 

5 the requirements.’’. 

6 SEC. 11. PRESIDENTIAL ARCHIVAL DEPOSITORY. 

7 Section 2112 of title 44, United States Code, is 

8 amended— 

9 (1) in subsection (b)— 

10 (A) by striking ‘‘When the Archivist’’ and 

11 inserting ‘‘(1) Subject to paragraph (2), when 

12 the Archivist’’; and 

13 (B) by adding at the end the following: 

14 ‘‘(2) The Archivist may not deposit papers, doc15 uments, or other historical materials accepted under 

16 section 2111 of this title or other Federal records 

17 appropriate for preservation in a Presidential archi18 val depository relating to a former President under 

19 paragraph (1) until after the date on which the Ar20 chivist determines that the former President has 

21 adequately complied with the requirements under 

22 chapter 22 relating to Presidential records (as de23 fined in section 2201).’’; 

24 (2) in subsection (g), by adding at the end the 

25 following: 


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1 ‘‘(6)(A) Notwithstanding paragraphs (3), (4), and (5) 

2 (to the extent that such paragraphs are inconsistent with 

3 this paragraph), this subsection shall be administered in 

4 accordance with this paragraph with respect to any Presi5 dential archival depository created as a depository for the 

6 papers, documents, and other historical materials and 

7 Presidential records pertaining to any President who takes 

8 any action, including destruction, alteration, concealment, 

9 or removal, that threatens or damages the integrity and 

10 statutory preservation requirements under chapter 22 for 

11 Presidential records (as defined in section 2201). 

12 ‘‘(B) For purposes of subparagraphs (A)(ii), 

13 (B)(i)(II), and (B)(ii)(II) of paragraph (3) the percentage 

14 of 100 percent shall apply instead of 60 or 20 percent.’’; 

15 and 

16 (3) by adding at the end the following: 

17 ‘‘(h) None of the funds in the account in the National 

18 Archives Trust Fund that may be expended for the benefit 

19 and in the interest of a Presidential archival depository 

20 relating to a former President may be used for the cost 

21 of digitizing records the former President wishes to de22 posit in and make available through the Presidential archi23 val depository.’’. 

Æ 


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