I 

113TH CONGRESS 

1ST SESSION 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. 

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 

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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Presidential and Federal Records Act Amendments of 

6 2013’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. 

3 SEC. 2. PRESIDENTIAL RECORDS. 

4 (a) PROCEDURES FOR CONSIDERATION OF CLAIMS

5 OF CONSTITUTIONALLY BASED PRIVILEGE AGAINST DIS6 CLOSURE.— 

7 (1) AMENDMENT.—Chapter 22 of title 44, 

8 United States Code, is amended by adding at the 

9 end the following: 

10 ‘‘§ 2208. Claims of constitutionally based privilege 

11 against disclosure 

12 ‘‘(a)(1) When the Archivist determines under this 

13 chapter to make available to the public any Presidential 

14 record that has not previously been made available to the 

15 public, the Archivist shall— 

16 ‘‘(A) promptly provide notice of such deter17 mination to— 

18 ‘‘(i) the former President during whose 

19 term of office the record was created; and 

20 ‘‘(ii) the incumbent President; and 


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1 ‘‘(B) make the notice available to the public. 

2 ‘‘(2) The notice under paragraph (1)— 

3 ‘‘(A) shall be in writing; and 

4 ‘‘(B) shall include such information as may be 

5 prescribed in regulations issued by the Archivist. 

6 ‘‘(3)(A) Upon the expiration of the 60-day period (ex7 cepting Saturdays, Sundays, and legal public holidays) be8 ginning on the date the Archivist provides notice under 

9 paragraph (1)(A), the Archivist shall make available to the 

10 public the Presidential record covered by the notice, except 

11 any record (or reasonably segregable part of a record) with 

12 respect to which the Archivist receives from a former 

13 President or the incumbent President notification of a 

14 claim of constitutionally based privilege against disclosure 

15 under subsection (b). 

16 ‘‘(B) A former President or the incumbent President 

17 may extend the period under subparagraph (A) once for 

18 not more than 30 additional days (excepting Saturdays, 

19 Sundays, and legal public holidays) by filing with the Ar20 chivist a statement that such an extension is necessary 

21 to allow an adequate review of the record. 

22 ‘‘(C) Notwithstanding subparagraphs (A) and (B), if 

23 the 60-day period under subparagraph (A), or any exten24 sion of that period under subparagraph (B), would other25 wise expire during the 6-month period after the incumbent 


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1 President first takes office, then that 60-day period or ex2 tension, respectively, shall expire at the end of that 6- 

3 month period. 

4 ‘‘(b)(1) For purposes of this section, the decision to 

5 assert any claim of constitutionally based privilege against 

6 disclosure of a Presidential record (or reasonably seg7 regable part of a record) must be made personally by a 

8 former President or the incumbent President, as applica9 ble. 

10 ‘‘(2) A former President or the incumbent President 

11 shall notify the Archivist, the Committee on Oversight and 

12 Government Reform of the House of Representatives, and 

13 the Committee on Homeland Security and Governmental 

14 Affairs of the Senate of a privilege claim under paragraph 

15 (1) on the same day that the claim is asserted under such 

16 paragraph. 

17 ‘‘(c)(1) If a claim of constitutionally based privilege 

18 against disclosure of a Presidential record (or reasonably 

19 segregable part of a record) is asserted under subsection 

20 (b) by a former President, the Archivist shall consult with 

21 the incumbent President, as soon as practicable during the 

22 period specified in paragraph (2)(A), to determine whether 

23 the incumbent President will uphold the claim asserted by 

24 the former President. 


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1 ‘‘(2)(A) Not later than the end of the 30-day period 

2 beginning on the date of which the Archivist receives noti3 fication from a former President of the assertion of a 

4 claim of constitutionally based privilege against disclosure, 

5 the Archivist shall provide notice to the former President 

6 and the public of the decision of the incumbent President 

7 under paragraph (1) regarding the claim. 

8 ‘‘(B) If the incumbent President upholds the claim 

9 of privilege asserted by the former President, the Archivist 

10 shall not make the Presidential record (or reasonably seg11 regable part of a record) subject to the claim publicly 

12 available unless— 

13 ‘‘(i) the incumbent President withdraws the de14 cision upholding the claim of privilege asserted by 

15 the former President; or 

16 ‘‘(ii) the Archivist is otherwise directed by a 

17 final court order that is not subject to appeal. 

18 ‘‘(C) If the incumbent President determines not to 

19 uphold the claim of privilege asserted by the former Presi20 dent, or fails to make the determination under paragraph 

21 (1) before the end of the period specified in subparagraph 

22 (A), the Archivist shall release the Presidential record sub23 ject to the claim at the end of the 90-day period beginning 

24 on the date on which the Archivist received notification 

25 of the claim, unless otherwise directed by a court order 


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1 in an action initiated by the former President under sec2 tion 2204(e) of this title or by a court order in another 

3 action in any Federal court. 

4 ‘‘(d) The Archivist shall not make publicly available 

5 a Presidential record (or reasonably segregable part of a 

6 record) that is subject to a privilege claim asserted by the 

7 incumbent President unless— 

8 ‘‘(1) the incumbent President withdraws the 

9 privilege claim; or 

10 ‘‘(2) the Archivist is otherwise directed by a 

11 final court order that is not subject to appeal. 

12 ‘‘(e) The Archivist shall adjust any otherwise applica13 ble time period under this section as necessary to comply 

14 with the return date of any congressional subpoena, judi15 cial subpoena, or judicial process.’’. 

16 (2) CONFORMING AMENDMENTS.—(A) Section 

17 2204(d) of title 44, United States Code, is amended 

18 by inserting ‘‘, except section 2208,’’ after ‘‘chap19 ter’’. 

20 (B) Section 2205 of title 44, United States 

21 Code, is amended— 

22 (i) in the matter preceding paragraph (1), 

23 by striking ‘‘section 2204’’ and inserting ‘‘sec24 tions 2204 and 2208 of this title’’; and 


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1 (ii) in paragraph (2)(A), by striking ‘‘sub2 pena’’ and inserting ‘‘subpoena’’. 

3 (C) Section 2207 of title 44, United States 

4 Code, is amended in the second sentence by insert5 ing ‘‘, except section 2208,’’ after ‘‘chapter’’. 

6 (3) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of chapter 22 of title 44, 

8 United States Code, is amended by adding at the 

9 end the following: 

‘‘2208. Claims of constitutionally based privilege against disclosure.’’. 

10 (4) RULE OF CONSTRUCTION.—Nothing in the 

11 amendment made by paragraph (2)(C) shall be con12 strued to— 

13 (A) affect the requirement of section 2207 

14 of title 44, United States Code, that Vice Presi15 dential records shall be subject to chapter 22 of 

16 that title in the same manner as Presidential 

17 records; or 

18 (B) affect any claim of constitutionally 

19 based privilege by a President or former Presi20 dent with respect to a Vice Presidential record. 

21 (b) DEFINITIONS.—Section 2201 of title 44, United 

22 States Code, is amended— 

23 (1) in paragraph (1)— 

24 (A) by striking ‘‘memorandums’’ and in25 serting ‘‘memoranda’’; 


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1 (B) by striking ‘‘audio, audiovisual’’ and 

2 inserting ‘‘audio and visual records’’; and 

3 (C) by inserting ‘‘, whether in analog, dig4 ital, or any other form’’ after ‘‘mechanical 

5 recordations’’; and 

6 (2) in paragraph (2), by striking ‘‘advise and 

7 assist’’ and inserting ‘‘advise or assist’’. 

8 (c) MANAGEMENT AND CUSTODY OF PRESIDENTIAL

9 RECORDS.—Section 2203 of title 44, United States Code, 

10 is amended— 

11 (1) in subsection (a), by striking ‘‘maintained’’ 

12 and inserting ‘‘preserved and maintained’’; 

13 (2) in subsection (b), by striking ‘‘advise and 

14 assist’’ and inserting ‘‘advise or assist’’; 

15 (3) by redesignating subsection (f) as sub16 section (g); 

17 (4) by inserting after subsection (e) the fol18 lowing new subsection: 

19 ‘‘(f) During a President’s term of office, the Archivist 

20 may maintain and preserve Presidential records on behalf 

21 of the President, including records in digital or electronic 

22 form. The President shall remain exclusively responsible 

23 for custody, control, and access to such Presidential 

24 records. The Archivist may not disclose any such records, 

25 except under direction of the President, until the concluVerDate Mar 15 2010 00:28 Mar 23, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1233.IH H1233

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1 sion of a President’s term of office, if a President serves 

2 consecutive terms upon the conclusion of the last term, 

3 or such other period provided for under section 2204 of 

4 this title.’’; and 

5 (5) in subsection (g)(1), as so redesignated, by 

6 striking ‘‘Act’’ and inserting ‘‘chapter’’. 

7 (d) RESTRICTIONS ON ACCESS TO PRESIDENTIAL

8 RECORDS.—Section 2204 of title 44, United States Code, 

9 is amended by adding at the end the following new sub10 section: 

11 ‘‘(f) The Archivist shall not make available any origi12 nal Presidential records to any individual claiming access 

13 to any Presidential record as a designated representative 

14 under section 2205(3) of this title if that individual has 

15 been convicted of a crime relating to the review, retention, 

16 removal, or destruction of records of the Archives.’’. 

17 SEC. 3. NATIONAL ARCHIVES AND RECORDS ADMINISTRA18 TION. 

19 (a) ACCEPTANCE OF RECORDS FOR HISTORICAL

20 PRESERVATION.—Section 2107 of title 44, United States 

21 Code, is amended to read as follows: 

22 ‘‘§ 2107. Acceptance of records for historical preser23 vation 

24 ‘‘(a) IN GENERAL.—When it appears to the Archivist 

25 to be in the public interest, the Archivist may— 


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1 ‘‘(1) accept for deposit with the National Ar2 chives of the United States the records of a Federal 

3 agency, the Congress, the Architect of the Capitol, 

4 or the Supreme Court determined by the Archivist 

5 to have sufficient historical or other value to warrant 

6 their continued preservation by the United States 

7 Government; 

8 ‘‘(2) direct and effect the transfer of records of 

9 a Federal agency determined by the Archivist to 

10 have sufficient historical or other value to warrant 

11 their continued preservation by the United States 

12 Government to the National Archives of the United 

13 States, as soon as practicable, and at a time mutu14 ally agreed upon by the Archivist and the head of 

15 that Federal agency not later than thirty years after 

16 such records were created or received by that agen17 cy, unless the head of such agency has certified in 

18 writing to the Archivist that such records must be 

19 retained in the custody of such agency for use in the 

20 conduct of the regular business of the agency; 

21 ‘‘(3) direct and effect, with the approval of the 

22 head of the originating Federal agency, or if the ex23 istence of the agency has been terminated, with the 

24 approval of the head of that agency’s successor in 

25 function, if any, the transfer of records, deposited or 


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1 approved for deposit with the National Archives of 

2 the United States to public or educational institu3 tions or associations; title to the records to remain 

4 vested in the United States unless otherwise author5 ized by Congress; and 

6 ‘‘(4) transfer materials from private sources au7 thorized to be received by the Archivist by section 

8 2111 of this title. 

9 ‘‘(b) EARLY TRANSFER OF RECORDS.—The Archi10 vist— 

11 ‘‘(1) in consultation with the head of the origi12 nating Federal agency, is authorized to accept for 

13 deposit the records described in subsection (a)(2) 

14 that have been in existence for less than thirty 

15 years; and 

16 ‘‘(2) may not disclose any such records until 

17 the expiration of— 

18 ‘‘(A) the thirty-year period described in 

19 paragraph (1); 

20 ‘‘(B) any longer period established by the 

21 Archivist by order; or 

22 ‘‘(C) any shorter period agreed to by the 

23 originating Federal agency.’’. 


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1 (b) MATERIAL ACCEPTED FOR DEPOSIT.—Section 

2 2111 of title 44, United States Code, is amended to read 

3 as follows: 

4 ‘‘§ 2111. Material accepted for deposit 

5 ‘‘(a) IN GENERAL.—When the Archivist considers it 

6 to be in the public interest the Archivist may accept for 

7 deposit— 

8 ‘‘(1) the papers and other historical materials 

9 of a President or former President of the United 

10 States, or other official or former official of the Gov11 ernment, and other papers relating to and contem12 porary with a President or former President of the 

13 United States, subject to restrictions agreeable to 

14 the Archivist as to their use; and 

15 ‘‘(2) recorded information (as such term is de16 fined in section 3301(a)(2) of this title) from private 

17 sources that are appropriate for preservation by the 

18 Government as evidence of its organization, func19 tions, policies, decisions, procedures, and trans20 actions. 

21 ‘‘(b) EXCEPTION.—This section shall not apply in the 

22 case of any Presidential records which are subject to the 

23 provisions of chapter 22 of this title.’’. 

24 (c) PRESERVATION OF AUDIO AND VISUAL

25 RECORDS.— 


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1 (1) IN GENERAL.—Section 2114 of title 44, 

2 United States Code, is amended to read as follows: 

3 ‘‘§ 2114. Preservation of audio and visual records 

4 ‘‘The Archivist may make and preserve audio and vis5 ual records, including motion-picture films, still photo6 graphs, and sound recordings, in analog, digital, or any 

7 other form, pertaining to and illustrative of the historical 

8 development of the United States Government and its ac9 tivities, and provide for preparing, editing, titling, scoring, 

10 processing, duplicating, reproducing, exhibiting, and re11 leasing for non-profit educational purposes, motion-picture 

12 films, still photographs, and sound recordings in the Ar13 chivist’s custody.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 21 of title 44, 

16 United States Code, is amended by striking the item 

17 for section 2114 and inserting the following: 

‘‘2114. Preservation of audio and visual records.’’. 

18 (d) LEGAL STATUS OF REPRODUCTIONS; OFFICIAL

19 SEAL; FEES FOR COPIES AND REPRODUCTIONS.—Section 

20 2116(a) of title 44, United States Code, is amended by 

21 inserting ‘‘digital,’’ after ‘‘microphotographic,’’, each place 

22 it appears. 

23 SEC. 4. RECORDS MANAGEMENT BY FEDERAL AGENCIES. 

24 Section 3106 of title 44, United States Code, is 

25 amended to read as follows: 


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1 ‘‘§ 3106. Unlawful removal, destruction of records 

2 ‘‘(a) FEDERAL AGENCY NOTIFICATION.—The head 

3 of each Federal agency shall notify the Archivist of any 

4 actual, impending, or threatened unlawful removal, defac5 ing, alteration, corruption, deletion, erasure, or other de6 struction of records in the custody of the agency, and with 

7 the assistance of the Archivist shall initiate action through 

8 the Attorney General for the recovery of records the head 

9 of the Federal agency knows or has reason to believe have 

10 been unlawfully removed from that agency, or from an11 other Federal agency whose records have been transferred 

12 to the legal custody of that Federal agency. 

13 ‘‘(b) ARCHIVIST NOTIFICATION.—In any case in 

14 which the head of a Federal agency does not initiate an 

15 action for such recovery or other redress within a reason16 able period of time after being notified of any such unlaw17 ful action described in subsection (a), or is participating 

18 in, or believed to be participating in any such unlawful 

19 action, the Archivist shall request the Attorney General 

20 to initiate such an action, and shall notify the Congress 

21 when such a request has been made.’’. 

22 SEC. 5. DISPOSAL OF RECORDS. 

23 (a) DEFINITION OF RECORDS.—Section 3301 of title 

24 44, United States Code, is amended to read as follows: 

25 ‘‘§ 3301. Definition of records 

26 ‘‘(a) RECORDS DEFINED.— 


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1 ‘‘(1) IN GENERAL.—As used in this chapter, the 

2 term ‘records’— 

3 ‘‘(A) includes all recorded information, re4 gardless of form or characteristics, made or re5 ceived by a Federal agency under Federal law 

6 or in connection with the transaction of public 

7 business and preserved or appropriate for pres8 ervation by that agency or its legitimate suc9 cessor as evidence of the organization, func10 tions, policies, decisions, procedures, operations, 

11 or other activities of the United States Govern12 ment or because of the informational value of 

13 data in them; and 

14 ‘‘(B) does not include— 

15 ‘‘(i) library and museum material 

16 made or acquired and preserved solely for 

17 reference or exhibition purposes; or 

18 ‘‘(ii) duplicate copies of records pre19 served only for convenience. 

20 ‘‘(2) RECORDED INFORMATION DEFINED.—For 

21 purposes of paragraph (1), the term ‘recorded infor22 mation’ includes all traditional forms of records, re23 gardless of physical form or characteristics, includ24 ing information created, manipulated, commu25 nicated, or stored in digital or electronic form. 


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1 ‘‘(b) DETERMINATION OF DEFINITION.—The Archi2 vist’s determination whether recorded information, regard3 less of whether it exists in physical, digital, or electronic 

4 form, is a record as defined in subsection (a) shall be bind5 ing on all Federal agencies.’’. 

6 (b) REGULATIONS COVERING LISTS OF RECORDS

7 FOR DISPOSAL, PROCEDURE FOR DISPOSAL, AND STAND8 ARDS FOR REPRODUCTION.—Section 3302(3) of title 44, 

9 United States Code, is amended by striking ‘‘photographic 

10 or microphotographic processes’’ and inserting ‘‘photo11 graphic, microphotographic, or digital processes’’. 

12 (c) LISTS AND SCHEDULES OF RECORDS TO BE

13 SUBMITTED TO THE ARCHIVIST BY HEAD OF EACH GOV14 ERNMENT AGENCY.—Section 3303(1) of title 44, United 

15 States Code, is amended by striking ‘‘photographed or 

16 microphotographed’’ and inserting ‘‘photographed, micro17 photographed, or digitized’’. 

18 (d) EXAMINATION BY ARCHIVIST OF LISTS AND

19 SCHEDULES OF RECORDS LACKING PRESERVATION

20 VALUE; DISPOSAL OF RECORDS.—Section 3303a(c) of 

21 title 44, United States Code, is amended by striking ‘‘the 

22 Committee on Rules and Administration of the Senate and 

23 the Committee on House Oversight of the House of Rep24 resentatives’’ and inserting ‘‘the Committee on Oversight 

25 and Government Reform of the House of Representatives 


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1 and the Committee on Homeland Security and Govern2 mental Affairs of the Senate’’. 

3 (e) PHOTOGRAPHS OR MICROPHOTOGRAPHS OF

4 RECORDS CONSIDERED AS ORIGINALS; CERTIFIED RE5 PRODUCTIONS ADMISSIBLE IN EVIDENCE.—Section 3312 

6 of title 44, United States Code, is amended— 

7 (1) in the first sentence, by striking ‘‘Photo8 graphs and microphotographs of records’’ and in9 serting ‘‘Photographs, microphotographs of records, 

10 or digitized records’’; and 

11 (2) in the second sentence, by striking ‘‘photo12 graphs or microphotographs’’ and inserting ‘‘photo13 graphs, microphotographs, or digitized records’’, 

14 each place it appears. 

15 SEC. 6. PROCEDURES TO PREVENT UNAUTHORIZED RE16 MOVAL OF CLASSIFIED RECORDS FROM NA17 TIONAL ARCHIVES. 

18 (a) CLASSIFIED RECORDS.—Not later than 90 days 

19 after the date of the enactment of this Act, the Archivist 

20 shall prescribe internal procedures to prevent the unau21 thorized removal of classified records from the National 

22 Archives and Records Administration or the destruction 

23 or damage of such records, including when such records 

24 are accessed or searched electronically. Such procedures 

25 shall include, at a minimum, the following prohibitions: 


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1 (1) An individual, other than covered personnel, 

2 may not view classified records in any room that is 

3 not secure, except in the presence of National Ar4 chives and Records Administration personnel or 

5 under video surveillance. 

6 (2) An individual, other than covered personnel, 

7 may not be left alone with classified records, unless 

8 that individual is under video surveillance. 

9 (3) An individual, other than covered personnel, 

10 may not review classified records while possessing 

11 any cellular phone, electronic personal communica12 tion device, or any other devices capable of 

13 photographing, recording, or transferring images or 

14 content. 

15 (4) An individual seeking access to review clas16 sified records, as a precondition to such access, must 

17 consent to a search of their belongings upon conclu18 sion of their records review. 

19 (5) All notes and other writings prepared by an 

20 individual, other than covered personnel, during the 

21 course of a review of classified records shall be re22 tained by the National Archives and Records Admin23 istration in a secure facility until such notes and 

24 other writings are determined to be unclassified, are 


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1 declassified, or are securely transferred to another 

2 secure facility. 

3 (b) DEFINITIONS.—In this section: 

4 (1) COVERED PERSONNEL.—The term ‘‘covered 

5 personnel’’ means any individual— 

6 (A) who has an appropriate and necessary 

7 reason for accessing classified records, as deter8 mined by the Archivist; and 

9 (B) who is either— 

10 (i) an officer or employee of the 

11 United States Government with appro12 priate security clearances; or 

13 (ii) any personnel with appropriate se14 curity clearances of a Federal contractor 

15 authorized in writing to act for purposes of 

16 this section by an officer or employee of 

17 the United States Government. 

18 (2) RECORDS.—The term ‘‘records’’ has the 

19 meaning given that term under section 3301 of title 

20 44, United States Code. 

21 SEC. 7. REPEAL OF PROVISIONS RELATED TO THE NA22 TIONAL STUDY COMMISSION ON RECORDS 

23 AND DOCUMENTS OF FEDERAL OFFICIALS. 

24 (a) IN GENERAL.—Sections 3315 through 3324 of 

25 title 44, United States Code, are repealed. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 33 of title 44, United States 

3 Code, is amended by striking the items relating to sections 

4 3315 through 3324. 

5 SEC. 8. PRONOUN AMENDMENTS. 

6 Title 44, United States Code, is amended— 

7 (1) in section 2116(c), by striking ‘‘his’’ and in8 serting ‘‘the Archivist’s’’; 

9 (2) in section 2201(2), by striking ‘‘his’’ and in10 serting ‘‘the President’s’’, each place it appears; 

11 (3) in section 2203— 

12 (A) in subsection (a), by striking ‘‘his’’ and 

13 inserting ‘‘the President’s’’; 

14 (B) in subsection (b), by striking ‘‘his’’ 

15 and inserting ‘‘the President’s’’; 

16 (C) in subsection (c)— 

17 (i) in the matter preceding paragraph 

18 (1)— 

19 (I) by striking ‘‘his’’ and insert20 ing ‘‘the President’s’’; and 

21 (II) by striking ‘‘those of his 

22 Presidential records’’ and inserting 

23 ‘‘those Presidential records of such 

24 President’’; and 


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1 (ii) in paragraph (2), by striking ‘‘he’’ 

2 and inserting ‘‘the Archivist’’; 

3 (D) in subsection (d), by striking ‘‘he’’ and 

4 inserting ‘‘the Archivist’’; 

5 (E) in subsection (e), by striking ‘‘he’’ and 

6 inserting ‘‘the Archivist’’; and 

7 (F) in subsection (g), as so redesignated, 

8 by striking ‘‘he’’ and inserting ‘‘the Archivist’’; 

9 (4) in section 2204— 

10 (A) in subsection (a)— 

11 (i) in the matter preceding paragraph 

12 (1), by striking ‘‘his’’ and inserting ‘‘a 

13 President’s’’; and 

14 (ii) in paragraph (5), by striking 

15 ‘‘his’’ and inserting ‘‘the President’s’’; and 

16 (B) in subsection (b)— 

17 (i) in paragraph (1)(B), by striking 

18 ‘‘his’’ and inserting ‘‘the President’s’’; and 

19 (ii) in paragraph (3)— 

20 (I) by striking ‘‘his’’ and insert21 ing ‘‘the Archivist’s’’; and 

22 (II) by striking ‘‘his designee’’ 

23 and inserting ‘‘the Archivist’s des24 ignee’’; 

25 (5) in section 2205— 


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1 (A) in paragraph (2)(B), by striking ‘‘his’’ 

2 and inserting ‘‘the incumbent President’s’’; and 

3 (B) in paragraph (3), by striking ‘‘his’’ 

4 and inserting ‘‘the former President’s’’; 

5 (6) in section 2901(11), by striking ‘‘his’’ and 

6 inserting ‘‘the Archivist’s’’; 

7 (7) in section 2904(c)(6), by striking ‘‘his’’ and 

8 inserting ‘‘the Archivist’s’’; 

9 (8) in section 2905(a)— 

10 (A) by striking ‘‘He’’ and inserting ‘‘The 

11 Archivist’’; and 

12 (B) by striking ‘‘his’’ and inserting ‘‘the 

13 Archivist’s’’; 

14 (9) in section 3103, by striking ‘‘he’’ and in15 serting ‘‘the head of such agency’’; 

16 (10) in section 3104— 

17 (A) by striking ‘‘his’’ and inserting ‘‘such 

18 official’s’’; and 

19 (B) by striking ‘‘him or his’’ and inserting 

20 ‘‘such official or such official’s’’; 

21 (11) in section 3105, by striking ‘‘he’’ and in22 serting ‘‘the head of such agency’’; 

23 (12) in section 3302(1), by striking ‘‘him’’ and 

24 inserting ‘‘the Archivist’’; and 

25 (13) in section 3303a— 


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1 (A) in subsection (a)— 

2 (i) by striking ‘‘him’’ and inserting 

3 ‘‘the Archivist’’, each place it appears; and 

4 (ii) by striking ‘‘he’’ and inserting 

5 ‘‘the Archivist’’; 

6 (B) in subsection (c), by striking ‘‘he’’ and 

7 inserting ‘‘the Archivist’’; 

8 (C) in subsection (e), by striking ‘‘his’’ and 

9 inserting ‘‘the Archivist’s’’; and 

10 (D) in subsection (f), by striking ‘‘he’’ and 

11 inserting ‘‘the Archivist’’. 

12 SEC. 9. RECORDS MANAGEMENT BY THE ARCHIVIST. 

13 (a) OBJECTIVES OF RECORDS MANAGEMENT.—Sec14 tion 2902 of title 44, United States Code, is amended— 

15 (1) in paragraph (4), by striking ‘‘creation and 

16 of records maintenance and use’’ and inserting ‘‘cre17 ation, maintenance, transfer, and use’’; 

18 (2) in paragraph (6), by inserting after ‘‘Fed19 eral paperwork’’ the following: ‘‘and the transfer of 

20 records from Federal agencies to the National Ar21 chives of the United States in digital or electronic 

22 form to the greatest extent possible’’; and 

23 (3) in paragraph (7), by striking ‘‘the Adminis24 trator or’’. 


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1 (b) RECORDS CENTERS AND CENTRALIZED MICRO2 FILMING SERVICES.—Section 2907 of title 44, United 

3 States Code, is amended— 

4 (1) in the subject heading by inserting ‘‘or 

5 digitization’’ after ‘‘microfilming’’; and 

6 (2) by inserting ‘‘or digitization’’ after ‘‘micro7 filming’’. 

8 (c) GENERAL RESPONSIBILITIES FOR RECORDS

9 MANAGEMENT.—Section 2904 of title 44, United States 

10 Code, is amended— 

11 (1) in subsection (b), by striking ‘‘The Adminis12 trator’’ and inserting ‘‘The Archivist’’; 

13 (2) in subsection (c)— 

14 (A) in the matter preceding paragraph 

15 (1)— 

16 (i) by striking ‘‘their’’ and inserting 

17 ‘‘the’’; 

18 (ii) by striking ‘‘subsection (a) or (b), 

19 respectively’’ and inserting ‘‘subsections 

20 (a) and (b)’’; 

21 (iii) by striking ‘‘and the Adminis22 trator’’; and 

23 (iv) by striking ‘‘each’’; and 

24 (B) in paragraph (8), by striking ‘‘or the 

25 Administrator (as the case may be)’’; and 


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1 (3) subsection (d) is amended to read as fol2 lows: 

3 ‘‘(d) The Archivist shall promulgate regulations re4 quiring all Federal agencies to transfer all digital or elec5 tronic records to the National Archives of the United 

6 States in digital or electronic form to the greatest extent 

7 possible.’’. 

8 (d) INSPECTION OF AGENCY RECORDS.—Section 

9 2906(a)(1) of title 44, United States Code, is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1)— 

12 (i) by striking ‘‘their respective’’ and 

13 inserting ‘‘the’’; 

14 (ii) by striking ‘‘the Administrator of 

15 General Services and’’; 

16 (iii) by striking ‘‘designee of either’’ 

17 and inserting ‘‘the Archivist’s designee’’; 

18 (iv) by striking ‘‘solely’’; and 

19 (v) by inserting after ‘‘for the im20 provement of records management prac21 tices and programs’’ the following: ‘‘and 

22 for determining whether the records of 

23 Federal agencies have sufficient value to 

24 warrant continued preservation or lack sufVerDate Mar 15 2010 17:01 Apr 02, 2013 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H1233.IH H1233

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1 ficient value to justify continued preserva2 tion’’; 

3 (B) in paragraph (2)— 

4 (i) by striking ‘‘the Administrator 

5 and’’; and 

6 (ii) by striking the second sentence; 

7 and 

8 (C) in paragraph (3)— 

9 (i) in the matter preceding subpara10 graph (A)— 

11 (I) by striking ‘‘the Adminis12 trator or’’; and 

13 (II) by striking ‘‘designee of ei14 ther’’ and inserting ‘‘Archivist’s des15 ignee’’; and 

16 (ii) in subparagraph (A), by striking 

17 ‘‘the Administrator, the Archivist,’’ and in18 serting ‘‘the Archivist’’; and 

19 (2) in subsection (b)— 

20 (A) by striking ‘‘the Administrator and’’; 

21 and 

22 (B) by striking ‘‘designee of either’’ and 

23 inserting ‘‘Archivist’s designee’’. 

24 (e) REPORTS; CORRECTION OF VIOLATIONS.—Sec25 tion 2115 of title 44, United States Code, is amended— 


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1 (1) in subsection (a)— 

2 (A) by striking ‘‘their respective’’ and in3 serting ‘‘the’’; 

4 (B) by striking ‘‘and the Administrator’’; 

5 and 

6 (C) by striking ‘‘each’’; and 

7 (2) in subsection (b)— 

8 (A) by striking ‘‘either’’; 

9 (B) by striking ‘‘or the Administrator’’, 

10 each place it appears; and 

11 (C) by striking ‘‘inaugurated’’ and insert12 ing ‘‘demonstrably commenced’’. 

13 (f) RECORDS MANAGEMENT BY THE ARCHIVIST.— 

14 The heading for chapter 29 of title 44, United States 

15 Code, is amended by striking ‘‘AND BY THE ADMIN16 ISTRATOR OF GENERAL SERVICES’’. 

17 (g) ESTABLISHMENT OF PROGRAM OF MANAGE18 MENT.—Section 3102(2) of title 44, United States Code, 

19 is amended by striking ‘‘the Administrator of General 

20 Services and’’. 

Æ 


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