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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1233 Reported in House (RH)]

                                                  Union Calendar No. 92
113th CONGRESS
  1st Session
                                H. R. 1233

                          [Report No. 113-127]

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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 18, 2013

 Mr. Cummings introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

                             June 25, 2013

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
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.

 

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Presidential and 
Federal Records Act Amendments of 2013''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Presidential records.
Sec. 3. National Archives and Records Administration.
Sec. 4. Records management by Federal agencies.
Sec. 5. Disposal of records.
Sec. 6. Procedures to prevent unauthorized removal of classified 
                            records from National Archives.
Sec. 7. Repeal of provisions related to the National Study Commission 
                            on Records and Documents of Federal 
                            Officials.
Sec. 8. Pronoun amendments.
Sec. 9. Records management by the Archivist.
Sec. 10. Disclosure requirement for official business conducted using 
                            non-official electronic messaging account.

SEC. 2. PRESIDENTIAL RECORDS.

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

``2208. Claims of constitutionally based privilege against 
                            disclosure.''.
            (4) Rule of construction.--Nothing in the amendment made by 
        paragraph (2)(C) shall be construed to--
                    (A) affect the requirement of section 2207 of title 
                44, United States Code, that Vice Presidential records 
                shall be subject to chapter 22 of that title in the 
                same manner as Presidential records; or
                    (B) affect any claim of constitutionally based 
                privilege by a President or former President with 
                respect to a Vice Presidential record.
    (b) Definitions.--Section 2201 of title 44, United States Code, is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``memorandums'' and inserting 
                ``memoranda'';
                    (B) by striking ``audio, audiovisual'' and 
                inserting ``audio and visual records''; and
                    (C) by inserting ``, whether in analog, digital, or 
                any other form'' after ``mechanical recordations''; and
            (2) in paragraph (2), by striking ``advise and assist'' and 
        inserting ``advise or assist''.
    (c) Management and Custody of Presidential Records.--Section 2203 
of title 44, United States Code, is amended--
            (1) in subsection (a), by striking ``maintained'' and 
        inserting ``preserved and maintained'';
            (2) in subsection (b), by striking ``advise and assist'' 
        and inserting ``advise or assist'';
            (3) by redesignating subsection (f) as subsection (g);
            (4) by inserting after subsection (e) the following new 
        subsection:
    ``(f) During a President's term of office, the Archivist may 
maintain and preserve Presidential records on behalf of the President, 
including records in digital or electronic form. The President shall 
remain exclusively responsible for custody, control, and access to such 
Presidential records. The Archivist may not disclose any such records, 
except under direction of the President, until the conclusion of a 
President's term of office, if a President serves consecutive terms 
upon the conclusion of the last term, or such other period provided for 
under section 2204 of this title.''; and
            (5) in subsection (g)(1), as so redesignated, by striking 
        ``Act'' and inserting ``chapter''.
    (d) Restrictions on Access to Presidential Records.--Section 2204 
of title 44, United States Code, is amended by adding at the end the 
following new subsection:
    ``(f) The Archivist shall not make available any original 
Presidential records to any individual claiming access to any 
Presidential record as a designated representative under section 
2205(3) of this title if that individual has been convicted of a crime 
relating to the review, retention, removal, or destruction of records 
of the Archives.''.
    (e) Disclosure Requirement for Official Business Conducted Using 
Non-official Electronic Messaging Account.--
            (1) Amendment.--Chapter 22 of title 44, United States Code, 
        as amended by subsection (a)(1), is further amended by adding 
        at the end the following new section:
``Sec. 2209. Disclosure requirement for official business conducted 
              using non-official electronic messaging accounts
    ``(a) In General.--An officer or employee of an executive agency 
may not create or send a Presidential record using a non-official 
electronic messaging account unless such officer or employee--
            ``(1) copies an official electronic messaging account of 
        the officer or employee in the original creation or 
        transmission of the Presidential record; or
            ``(2) forwards a complete copy of the Presidential record 
        to an official electronic messaging account of the officer or 
        employee within five days after the original creation or 
        transmission of the Presidential record.
    ``(b) Adverse Actions.--The intentional violation of subsection (a) 
(including any rules, regulations, or other implementing guidelines), 
as determined by the appropriate supervisor, shall be a basis for 
disciplinary action in accordance with subchapter I, II, or V of 
chapter 75 of title 5, as the case may be.
    ``(c) Definitions.--In this section:
            ``(1) Electronic messages.--The term `electronic messages' 
        means electronic mail and other electronic messaging systems 
        that are used for purposes of communicating between 
        individuals.
            ``(2) Electronic messaging account.--The term `electronic 
        messaging account' means any account that sends electronic 
        messages.
            ``(3) Executive agency.--The term `executive agency' has 
        the meaning given that term in section 105 of title 5.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 22 of title 44, United States Code, as 
        amended by subsection (a)(3), is further amended by adding at 
        the end the following new item:

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

SEC. 3. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.

    (a) Acceptance of Records for Historical Preservation.--Section 
2107 of title 44, United States Code, is amended to read as follows:
``Sec. 2107. Acceptance of records for historical preservation
    ``(a) In General.--When it appears to the Archivist to be in the 
public interest, the Archivist may--
            ``(1) accept for deposit with the National Archives of the 
        United States the records of a Federal agency, the Congress, 
        the Architect of the Capitol, or the Supreme Court determined 
        by the Archivist to have sufficient historical or other value 
        to warrant their continued preservation by the United States 
        Government;
            ``(2) direct and effect the transfer of records of a 
        Federal agency determined by the Archivist to have sufficient 
        historical or other value to warrant their continued 
        preservation by the United States Government to the National 
        Archives of the United States, as soon as practicable, and at a 
        time mutually agreed upon by the Archivist and the head of that 
        Federal agency not later than thirty years after such records 
        were created or received by that agency, unless the head of 
        such agency has certified in writing to the Archivist that such 
        records must be retained in the custody of such agency for use 
        in the conduct of the regular business of the agency;
            ``(3) direct and effect, with the approval of the head of 
        the originating Federal agency, or if the existence of the 
        agency has been terminated, with the approval of the head of 
        that agency's successor in function, if any, the transfer of 
        records, deposited or approved for deposit with the National 
        Archives of the United States to public or educational 
        institutions or associations; title to the records to remain 
        vested in the United States unless otherwise authorized by 
        Congress; and
            ``(4) transfer materials from private sources authorized to 
        be received by the Archivist by section 2111 of this title.
    ``(b) Early Transfer of Records.--The Archivist--
            ``(1) in consultation with the head of the originating 
        Federal agency, is authorized to accept <DELETED>for deposit</DELETED> 
        a copy of the records described in subsection (a)(2) that have 
        been in existence for less than thirty years; and
            ``(2) may not disclose any such records until the 
        expiration of--
                    ``(A) the thirty-year period described in paragraph 
                (1);
                    ``(B) any longer period established by the 
                Archivist by order; or
                    ``(C) any shorter period agreed to by the 
                originating Federal agency.''.
    (b) Material Accepted for Deposit.--Section 2111 of title 44, 
United States Code, is amended to read as follows:
``Sec. 2111. Material accepted for deposit
    ``(a) In General.--When the Archivist considers it to be in the 
public interest the Archivist may accept for deposit--
            ``(1) the papers and other historical materials of a 
        President or former President of the United States, or other 
        official or former official of the Government, and other papers 
        relating to and contemporary with a President or former 
        President of the United States, subject to restrictions 
        agreeable to the Archivist as to their use; and
            ``(2) recorded information (as such term is defined in 
        section 3301(a)(2) of this title) from private sources that are 
        appropriate for preservation by the Government as evidence of 
        its organization, functions, policies, decisions, procedures, 
        and transactions.
    ``(b) Exception.--This section shall not apply in the case of any 
Presidential records which are subject to the provisions of chapter 22 
of this title.''.
    (c) Preservation of Audio and Visual Records.--
            (1) In general.--Section 2114 of title 44, United States 
        Code, is amended to read as follows:
``Sec. 2114. Preservation of audio and visual records
    ``The Archivist may make and preserve audio and visual records, 
including motion-picture films, still photographs, and sound 
recordings, in analog, digital, or any other form, pertaining to and 
illustrative of the historical development of the United States 
Government and its activities, and provide for preparing, editing, 
titling, scoring, processing, duplicating, reproducing, exhibiting, and 
releasing for non-profit educational purposes, motion-picture films, 
still photographs, and sound recordings in the Archivist's custody.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 21 of title 44, United States Code, is 
        amended by striking the item for section 2114 and inserting the 
        following:

``2114. Preservation of audio and visual records.''.
    (d) Legal Status of Reproductions; Official Seal; Fees for Copies 
and Reproductions.--Section 2116(a) of title 44, United States Code, is 
amended by inserting ``digital,'' after ``microphotographic,'', each 
place it appears.

SEC. 4. RECORDS MANAGEMENT BY FEDERAL AGENCIES.

    Section 3106 of title 44, United States Code, is amended to read as 
follows:
``Sec. 3106. Unlawful removal, destruction of records
    ``(a) Federal Agency Notification.--The head of each Federal agency 
shall notify the Archivist of any actual, impending, or threatened 
unlawful removal, defacing, alteration, corruption, deletion, erasure, 
or other destruction of records in the custody of the agency, and with 
the assistance of the Archivist shall initiate action through the 
Attorney General for the recovery of records the head of the Federal 
agency knows or has reason to believe have been unlawfully removed from 
that agency, or from another Federal agency whose records have been 
transferred to the legal custody of that Federal agency.
    ``(b) Archivist Notification.--In any case in which the head of a 
Federal agency does not initiate an action for such recovery or other 
redress within a reasonable period of time after being notified of any 
such unlawful action described in subsection (a), or is participating 
in, or believed to be participating in any such unlawful action, the 
Archivist shall request the Attorney General to initiate such an 
action, and shall notify the Congress when such a request has been 
made.''.

SEC. 5. DISPOSAL OF RECORDS.

    (a) Definition of Records.--Section 3301 of title 44, United States 
Code, is amended to read as follows:
``Sec. 3301. Definition of records
    ``(a) Records Defined.--
            ``(1) In general.--As used in this chapter, the term 
        `records'--
                    ``(A) includes all recorded information, regardless 
                of form or characteristics, made or received by a 
                Federal agency under Federal law or in connection with 
                the transaction of public business and preserved or 
                appropriate for preservation by that agency or its 
                legitimate successor as evidence of the organization, 
                functions, policies, decisions, procedures, operations, 
                or other activities of the United States Government or 
                because of the informational value of data in them; and
                    ``(B) does not include--
                            ``(i) library and museum material made or 
                        acquired and preserved solely for reference or 
                        exhibition purposes; or
                            ``(ii) duplicate copies of records 
                        preserved only for convenience.
            ``(2) Recorded information defined.--For purposes of 
        paragraph (1), the term `recorded information' includes all 
        traditional forms of records, regardless of physical form or 
        characteristics, including information created, manipulated, 
        communicated, or stored in digital or electronic form.
    ``(b) Determination of Definition.--The Archivist's determination 
whether recorded information, regardless of whether it exists in 
physical, digital, or electronic form, is a record as defined in 
subsection (a) shall be binding on all Federal agencies.''.
    (b) Regulations Covering Lists of Records for Disposal, Procedure 
for Disposal, and Standards for Reproduction.--Section 3302(3) of title 
44, United States Code, is amended by striking ``photographic or 
microphotographic processes'' and inserting ``photographic, 
microphotographic, or digital processes''.
    (c) Lists and Schedules of Records To Be Submitted to the Archivist 
by Head of Each Government Agency.--Section 3303(1) of title 44, United 
States Code, is amended by striking ``photographed or 
microphotographed'' and inserting ``photographed, microphotographed, or 
digitized''.
    (d) Examination by Archivist of Lists and Schedules of Records 
Lacking Preservation Value; Disposal of Records.--Section 3303a(c) of 
title 44, United States Code, is amended by striking ``the Committee on 
Rules and Administration of the Senate and the Committee on House 
Oversight of the House of Representatives'' and inserting ``the 
Committee on Oversight and Government Reform of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate''.
    (e) Photographs or Microphotographs of Records Considered as 
Originals; Certified Reproductions Admissible in Evidence.--Section 
3312 of title 44, United States Code, is amended--
            (1) in the first sentence, by striking ``Photographs 
        <DELETED>and</DELETED> or microphotographs of records'' and 
        inserting ``Photographs, microphotographs of records, or 
        digitized records''; and
            (2) in the second sentence, by striking ``photographs or 
        microphotographs'' and inserting ``photographs, 
        microphotographs, or digitized records'', each place it 
        appears.

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

    (a) Classified Records.--Not later than 90 days after the date of 
the enactment of this Act, the Archivist shall prescribe internal 
procedures to prevent the unauthorized removal of classified records 
from the National Archives and Records Administration or the 
destruction or damage of such records, including when such records are 
accessed or searched electronically. Such procedures shall include, at 
a minimum, the following prohibitions:
            (1) An individual, other than covered personnel, may not 
        view classified records in any room that is not secure, except 
        in the presence of National Archives and Records Administration 
        personnel or under video surveillance.
            (2) An individual, other than covered personnel, may not be 
        left alone with classified records, unless that individual is 
        under video surveillance.
            (3) An individual, other than covered personnel, may not 
        review classified records while possessing any cellular phone, 
        electronic personal communication device, or any other devices 
        capable of photographing, recording, or transferring images or 
        content.
            (4) An individual seeking access to review classified 
        records, as a precondition to such access, must consent to a 
        search of their belongings upon conclusion of their records 
        review.
            (5) All notes and other writings prepared by an individual, 
        other than covered personnel, during the course of a review of 
        classified records shall be retained by the National Archives 
        and Records Administration in a secure facility until such 
        notes and other writings are determined to be unclassified, are 
        declassified, or are securely transferred to another secure 
        facility.
    (b) Definitions.--In this section:
            (1) Covered personnel.--The term ``covered personnel'' 
        means any individual--
                    (A) who has an appropriate and necessary reason for 
                accessing classified records, as determined by the 
                Archivist; and
                    (B) who is either--
                            (i) an officer or employee of the United 
                        States Government with appropriate security 
                        clearances; or
                            (ii) any personnel with appropriate 
                        security clearances of a Federal contractor 
                        authorized in writing to act for purposes of 
                        this section by an officer or employee of the 
                        United States Government.
            (2) Records.--The term ``records'' has the meaning given 
        that term under section 3301 of title 44, United States Code.

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

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

SEC. 8. PRONOUN AMENDMENTS.

    Title 44, United States Code, is amended--
            (1) in section 2116(c), by striking ``his'' and inserting 
        ``the Archivist's'';
            (2) in section 2201(2), by striking ``his'' and inserting 
        ``the President's'', each place it appears;
            (3) in section 2203--
                    (A) in subsection (a), by striking ``his'' and 
                inserting ``the President's'';
                    (B) in subsection (b), by striking ``his'' and 
                inserting ``the President's'';
                    (C) in subsection (c)--
                            (i) in the matter preceding paragraph (1)--
                                    (I) by striking ``his'' and 
                                inserting ``the President's''; and
                                    (II) by striking ``those of his 
                                Presidential records'' and inserting 
                                ``those Presidential records of such 
                                President''; and
                            (ii) in paragraph (2), by striking ``he'' 
                        and inserting ``the Archivist'';
                    (D) in subsection (d), by striking ``he'' and 
                inserting ``the Archivist'';
                    (E) in subsection (e), by striking ``he'' and 
                inserting ``the Archivist''; and
                    (F) in subsection (g), as so redesignated, by 
                striking ``he'' and inserting ``the Archivist'';
            (4) in section 2204--
                    (A) in subsection (a)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``his'' and inserting ``a 
                        President's''; and
                            (ii) in paragraph (5), by striking ``his'' 
                        and inserting ``the President's''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1)(B), by striking 
                        ``his'' and inserting ``the President's''; and
                            (ii) in paragraph (3)--
                                    (I) by striking ``his'' the first 
                                place it appears and inserting ``the 
                                Archivist's''; and
                                    (II) by striking ``his designee'' 
                                and inserting ``the Archivist's 
                                designee'';
            (5) in section 2205--
                    (A) in paragraph (2)(B), by striking ``his'' and 
                inserting ``the incumbent President's''; and
                    (B) in paragraph (3), by striking ``his'' and 
                inserting ``the former President's'';
            (6) in section 2901(11), by striking ``his'' and inserting 
        ``the Archivist's'';
            (7) in section 2904(c)(6), by striking ``his'' and 
        inserting ``the Archivist's'';
            (8) in section 2905(a)--
                    (A) by striking ``He'' and inserting ``The 
                Archivist''; and
                    (B) by striking ``his'' and inserting ``the 
                Archivist's'';
            (9) in section 3103, by striking ``he'' and inserting ``the 
        head of such agency'';
            (10) in section 3104--
                    (A) by striking ``his'' the first place it appears 
                and inserting ``such official's''; and
                    (B) by striking ``him or his'' and inserting ``such 
                official or such official's'';
            (11) in section 3105, by striking ``he'' and inserting 
        ``the head of such agency'';
            (12) in section 3302(1), by striking ``him'' and inserting 
        ``the Archivist''; and
            (13) in section 3303a--
                    (A) in subsection (a)--
                            (i) by striking ``him'' and inserting ``the 
                        Archivist'', each place it appears; and
                            (ii) by striking ``he'' and inserting ``the 
                        Archivist'';
                    (B) in subsection (c), by striking ``he'' and 
                inserting ``the Archivist'';
                    (C) in subsection (e), by striking ``his'' and 
                inserting ``the Archivist's''; and
                    (D) in subsection (f), by striking ``he'' and 
                inserting ``the Archivist''.

SEC. 9. RECORDS MANAGEMENT BY THE ARCHIVIST.

    (a) Objectives of Records Management.--Section 2902 of title 44, 
United States Code, is amended--
            (1) in paragraph (4), by striking ``creation and of records 
        maintenance and use'' and inserting ``creation, maintenance, 
        transfer, and use'';
            (2) in paragraph (6), by inserting after ``Federal 
        paperwork'' the following: ``and the transfer of records from 
        Federal agencies to the National Archives of the United States 
        in digital or electronic form to the greatest extent 
        possible''; and
            (3) in paragraph (7), by striking ``the Administrator or''.
<DELETED>    (b) Records Centers and Centralized Microfilming 
Services.--Section 2907 of title 44, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in the subject heading by inserting ``or 
        digitization'' after ``microfilming''; and</DELETED>
        <DELETED>    (2) by inserting ``or digitization'' after 
        ``microfilming''.</DELETED>
    (b) Records Centers and Centralized Microfilming Services.--
            (1) Amendment.--Section 2907 of title 44, United States 
        Code, is amended--
                    (A) in the section heading by inserting ``or 
                digitization'' after ``microfilming''; and
                    (B) by inserting ``or digitization'' after 
                ``microfilming''.
            (2) Conforming amendment.--The table of sections at the 
        beginning of chapter 29 of title 44, United States Code, is 
        amended in the item relating to section 2907 by inserting ``or 
        digitization'' after ``microfilming''.
    (c) General Responsibilities for Records Management.--Section 2904 
of title 44, United States Code, is amended--
            (1) in subsection (b), by striking ``The Administrator'' 
        and inserting ``The Archivist'';
            (2) in subsection (c)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``their'' and inserting 
                        ``the'';
                            (ii) by striking ``subsection (a) or (b), 
                        respectively'' and inserting ``subsections (a) 
                        and (b)'';
                            (iii) by striking ``and the 
                        Administrator''; and
                            (iv) by striking ``each''; and
                    (B) in paragraph (8), by striking ``or the 
                Administrator (as the case may be)''; and
            (3) subsection (d) is amended to read as follows:
    ``(d) The Archivist shall promulgate regulations requiring all 
Federal agencies to transfer all digital or electronic records to the 
National Archives of the United States in digital or electronic form to 
the greatest extent possible.''.
    (d) Inspection of Agency Records.--Section <DELETED>2906(a)(1)</DELETED> 
2906 of title 44, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``their respective'' and 
                        inserting ``the'';
                            (ii) by striking ``the Administrator of 
                        General Services and'';
                            (iii) by striking ``designee of either'' 
                        and inserting ``the Archivist's designee'';
                            (iv) by striking ``solely''; and
                            (v) by inserting after ``for the 
                        improvement of records management practices and 
                        programs'' the following: ``and for determining 
                        whether the records of Federal agencies have 
                        sufficient value to warrant continued 
                        preservation or lack sufficient value to 
                        justify continued preservation'';
                    (B) in paragraph (2)--
                            (i) by striking ``the Administrator and''; 
                        and
                            (ii) by striking the second sentence; and
                    (C) in paragraph (3)--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) by striking ``the Administrator 
                                or''; and
                                    (II) by striking ``designee of 
                                either'' and inserting ``Archivist's 
                                designee''; and
                            (ii) in subparagraph (A), by striking ``the 
                        Administrator, the Archivist,'' and inserting 
                        ``the Archivist''; and
            (2) in subsection (b)--
                    (A) by striking ``the Administrator and''; and
                    (B) by striking ``designee of either'' and 
                inserting ``Archivist's designee''.
    (e) Reports; Correction of Violations.--Section 2115 of title 44, 
United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``their respective'' and inserting 
                ``the'';
                    (B) by striking ``and the Administrator''; and
                    (C) by striking ``each''; and
            (2) in subsection (b)--
                    (A) by striking ``either'';
                    (B) by striking ``or the Administrator'', each 
                place it appears; and
                    (C) by striking ``inaugurated'' and inserting 
                ``demonstrably commenced''.
    (f) Records Management by the Archivist.--<DELETED>The heading for 
chapter 29 of title 44, United States Code, is amended by striking 
``AND BY THE ADMINISTRATOR OF GENERAL SERVICES''</DELETED>.
            (1) Amendment.--The heading for chapter 29 of title 44, 
        United States Code, is amended by striking ``AND BY THE 
        ADMINISTRATOR OF GENERAL SERVICES''.
            (2) Conforming amendment.--The table of chapters at the 
        beginning of title 44, United States Code, is amended in the 
        item related to chapter 29 by striking ``and by the 
        Administrator of General Services''.
    (g) Establishment of Program of Management.--Section 3102(2) of 
title 44, United States Code, is amended by striking ``the 
Administrator of General Services and''.

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

    (a) Amendment.--Chapter 29 of title 44, United States Code is 
amended by adding at the end the following new section:
``Sec. 2911. Disclosure requirement for official business conducted 
              using non-official electronic messaging accounts
    ``(a) In General.--An officer or employee of an executive agency 
may not create or send a record using a non-official electronic 
messaging account unless such officer or employee--
            ``(1) copies an official electronic messaging account of 
        the officer or employee in the original creation or 
        transmission of the record; or
            ``(2) forwards a complete copy of the record to an official 
        electronic messaging account of the officer or employee within 
        five days after the original creation or transmission of the 
        record.
    ``(b) Adverse Actions.--The intentional violation of subsection (a) 
(including any rules, regulations, or other implementing guidelines), 
as determined by the appropriate supervisor, shall be a basis for 
disciplinary action in accordance with subchapter I, II, or V of 
chapter 75 of title 5, as the case may be.
    ``(c) Definitions.--In this section:
            ``(1) Electronic messages.--The term `electronic messages' 
        means electronic mail and other electronic messaging systems 
        that are used for purposes of communicating between 
        individuals.
            ``(2) Electronic messaging account.--The term `electronic 
        messaging account' means any account that sends electronic 
        messages.
            ``(3) Executive agency.--The term `executive agency' has 
        the meaning given that term in section 105 of title 5.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 29 of title 44, United States Code, is amended by adding at the 
end the following new item:

``2911. Disclosure requirement for official business conducted using 
                            non-official electronic messaging 
                            accounts.''.
                                                  Union Calendar No. 92

113th CONGRESS

  1st Session

                               H. R. 1233

                          [Report No. 113-127]

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

                             June 25, 2013

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
```