II 

Calendar No. 487 

113TH CONGRESS 

2D SESSION H. R. 1233 

[Report No. 113–218] 

IN THE SENATE OF THE UNITED STATES 

JANUARY 15, 2014 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

JULY 23, 2014 

Reported by Mr. CARPER, with amendments 

[Omit the part struck through and insert the part printed in italic] 

AN ACT 

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, 


tjames on DSK5VPTVN1PROD with BILLS
2 

•HR 1233 RS

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Presidential and Federal Records Act Amendments of 

4 2014’’. 

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

6 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. 

7 SEC. 2. PRESIDENTIAL RECORDS. 

8 (a) PROCEDURES FOR CONSIDERATION OF CLAIMS

9 OF CONSTITUTIONALLY BASED PRIVILEGE AGAINST DIS10 CLOSURE.— 

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

12 United States Code, is amended by adding at the 

13 end the following: 

14 ‘‘§ 2208. Claims of constitutionally based privilege 

15 against disclosure 

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

17 chapter to make available to the public any Presidential 

18 record that has not previously been made available to the 

19 public, the Archivist shall— 


tjames on DSK5VPTVN1PROD with BILLS
3 

•HR 1233 RS

1 ‘‘(A) promptly provide notice of such deter2 mination to— 

3 ‘‘(i) the former President during whose 

4 term of office the record was created; and 

5 ‘‘(ii) the incumbent President; and 

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

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

8 ‘‘(A) shall be in writing; and 

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

10 prescribed in regulations issued by the Archivist. 

11 ‘‘(3)(A) Upon the expiration of the 60-day period (ex12 cepting Saturdays, Sundays, and legal public holidays) be13 ginning on the date the Archivist provides notice under 

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

15 public the Presidential record covered by the notice, except 

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

17 respect to which the Archivist receives from a former 

18 President or the incumbent President notification of a 

19 claim of constitutionally based privilege against disclosure 

20 under subsection (b). 

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

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

23 not more than 30 additional days (excepting Saturdays, 

24 Sundays, and legal public holidays) by filing with the ArVerDate Mar 15 2010 01:04 Jul 24, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1233.RS H1233

tjames on DSK5VPTVN1PROD with BILLS
4 

•HR 1233 RS

1 chivist a statement that such an extension is necessary 

2 to allow an adequate review of the record. 

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

4 the 60-day period under subparagraph (A), or any exten5 sion of that period under subparagraph (B), would other6 wise expire during the 6-month period after the incumbent 

7 President first takes office, then that 60-day period or ex8 tension, respectively, shall expire at the end of that 6- 

9 month period. 

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

11 assert any claim of constitutionally based privilege against 

12 disclosure of a Presidential record (or reasonably seg13 regable part of a record) must be made personally by a 

14 former President or the incumbent President, as applica15 ble. 

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

17 shall notify the Archivist, the Committee on Oversight and 

18 Government Reform of the House of Representatives, and 

19 the Committee on Homeland Security and Governmental 

20 Affairs of the Senate of a privilege claim under paragraph 

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

22 paragraph. 

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

24 against disclosure of a Presidential record (or reasonably 

25 segregable part of a record) is asserted under subsection 


tjames on DSK5VPTVN1PROD with BILLS
5 

•HR 1233 RS

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

2 the incumbent President, as soon as practicable during the 

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

4 the incumbent President will uphold the claim asserted by 

5 the former President. 

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

7 beginning on the date of on which the Archivist receives 

8 notification from a former President of the assertion of 

9 a claim of constitutionally based privilege against disclo10 sure, the Archivist shall provide notice to the former Presi11 dent and the public of the decision of the incumbent Presi12 dent under paragraph (1) regarding the claim. 

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

14 of privilege asserted by the former President, the Archivist 

15 shall not make the Presidential record (or reasonably seg16 regable part of a record) subject to the claim publicly 

17 available unless— 

18 ‘‘(i) the incumbent President withdraws the de19 cision upholding the claim of privilege asserted by 

20 the former President; or 

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

22 final court order that is not subject to appeal. 

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

24 uphold the claim of privilege asserted by the former Presi25 dent, or fails to make the determination under paragraph 


tjames on DSK5VPTVN1PROD with BILLS
6 

•HR 1233 RS

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

2 (A), the Archivist shall release the Presidential record sub3 ject to the claim at the end of the 90-day period beginning 

4 on the date on which the Archivist received notification 

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

6 in an action initiated by the former President under sec7 tion 2204(e) of this title or by a court order in another 

8 action in any Federal court. 

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

10 a Presidential record (or reasonably segregable part of a 

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

12 incumbent President unless— 

13 ‘‘(1) the incumbent President withdraws the 

14 privilege claim; or 

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

16 final court order that is not subject to appeal. 

17 ‘‘(e) The Archivist shall adjust any otherwise applica18 ble time period under this section as necessary to comply 

19 with the return date of any congressional subpoena, judi20 cial subpoena, or judicial process.’’. 

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

22 2204(d) of title 44, United States Code, is amended 

23 by inserting ‘‘, except section 2208,’’ after ‘‘chap24 ter’’. 


tjames on DSK5VPTVN1PROD with BILLS
7 

•HR 1233 RS

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

2 Code, is amended— 

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

4 by striking ‘‘section 2204’’ and inserting ‘‘sec5 tions 2204 and 2208 of this title’’; and 

6 (ii) in paragraph (2)(A), by striking ‘‘sub7 pena’’ and inserting ‘‘subpoena’’. 

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

9 Code, is amended in the second sentence by insert10 ing ‘‘, except section 2208,’’ after ‘‘chapter’’. 

11 (3) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of chapter 22 of title 44, 

13 United States Code, is amended by adding at the 

14 end the following: 

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

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

16 amendment made by paragraph (2)(C) shall be con17 strued to— 

18 (A) affect the requirement of section 2207 

19 of title 44, United States Code, that Vice Presi20 dential records shall be subject to chapter 22 of 

21 that title in the same manner as Presidential 

22 records; or 

23 (B) affect any claim of constitutionally 

24 based privilege by a President or former Presi25 dent with respect to a Vice Presidential record. 


tjames on DSK5VPTVN1PROD with BILLS
8 

•HR 1233 RS

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

2 States Code, is amended— 

3 (1) in paragraph (1)— 

4 (A) by striking ‘‘memorandums’’ and in5 serting ‘‘memoranda’’; 

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

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

8 (C) by inserting ‘‘, whether in analog, dig9 ital, or any other form’’ after ‘‘mechanical 

10 recordations’’; and 

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

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

13 (c) MANAGEMENT AND CUSTODY OF PRESIDENTIAL

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

15 is amended— 

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

17 and inserting ‘‘preserved and maintained’’; 

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

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

20 (3) by redesignating subsection (f) as sub21 section (g); 

22 (4) by inserting after subsection (e) the fol23 lowing new subsection: 

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

25 may maintain and preserve Presidential records on behalf 


tjames on DSK5VPTVN1PROD with BILLS
9 

•HR 1233 RS

1 of the President, including records in digital or electronic 

2 form. The President shall remain exclusively responsible 

3 for custody, control, and access to such Presidential 

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

5 except under direction of the President, until the conclu6 sion of a President’s term of office, if a President serves 

7 consecutive terms upon the conclusion of the last term, 

8 or such other period provided for under section 2204 of 

9 this title.’’; and 

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

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

12 (d) RESTRICTIONS ON ACCESS TO PRESIDENTIAL

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

14 is amended by adding at the end the following new sub15 section: 

16 ‘‘(f) The Archivist shall not make available any origi17 nal Presidential records to any individual claiming access 

18 to any Presidential record as a designated representative 

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

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

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

22 (e) DISCLOSURE REQUIREMENT FOR OFFICIAL BUSI23 NESS CONDUCTED USING NON-OFFICIAL ELECTRONIC

24 MESSAGING ACCOUNT.— 


tjames on DSK5VPTVN1PROD with BILLS
10 

•HR 1233 RS

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

2 United States Code, as amended by subsection 

3 (a)(1), is further amended by adding at the end the 

4 following new section: 

5 ‘‘§ 2209. Disclosure requirement for official business 

6 conducted using non-official electronic 

7 messaging accounts 

8 ‘‘(a) IN GENERAL.—An officer or employee of an ex9 ecutive agency may not create or send a Presidential 

10 record using a non-official electronic messaging account 

11 unless such officer or employee— 

12 ‘‘(1) copies an official electronic messaging ac13 count of the officer or employee in the original cre14 ation or transmission of the Presidential record; or 

15 ‘‘(2) forwards a complete copy of the Presi16 dential record to an official electronic messaging ac17 count of the officer or employee within five days 

18 after the original creation or transmission of the 

19 Presidential record. 

20 ‘‘(a) IN GENERAL.—The President, the Vice President, 

21 or a covered employee may not create or send a Presidential 

22 or Vice Presidential record using a non-official electronic 

23 message account unless the President, Vice President, or 

24 covered employee— 


tjames on DSK5VPTVN1PROD with BILLS
11 

•HR 1233 RS

1 ‘‘(1) copies an official electronic messaging ac2 count of the President, Vice President, or covered em3 ployee in the original creation or transmission of the 

4 Presidential record or Vice Presidential record; or 

5 ‘‘(2) forwards a complete copy of the Presidential 

6 or Vice Presidential record to an official electronic 

7 messaging account of the President, Vice President, or 

8 covered employee not later than 20 days after the 

9 original creation or transmission of the Presidential 

10 or Vice Presidential record. 

11 ‘‘(b) ADVERSE ACTIONS.—The intentional violation 

12 of subsection (a) by a covered employee (including any 

13 rules, regulations, or other implementing guidelines), as 

14 determined by the appropriate supervisor, shall be a basis 

15 for disciplinary action in accordance with subchapter I, II, 

16 or V of chapter 75 of title 5, as the case may be. 

17 ‘‘(c) DEFINITIONS.—In this section: 

18 ‘‘(1) COVERED EMPLOYEE.—The term ‘covered 

19 employee’ means— 

20 ‘‘(A) the immediate staff of the President; 

21 ‘‘(B) the immediate staff of the Vice Presi22 dent; 

23 ‘‘(C) a unit or individual of the Executive 

24 Office of the President whose function is to ad25 vise and assist the President; and 


tjames on DSK5VPTVN1PROD with BILLS
12 

•HR 1233 RS

1 ‘‘(D) a unit or individual of the Office of 

2 the Vice President whose function is to advise 

3 and assist the Vice President. 

4 ‘‘(1)(2) ELECTRONIC MESSAGES.—The term 

5 ‘electronic messages’ means electronic mail and 

6 other electronic messaging systems that are used for 

7 purposes of communicating between individuals. 

8 ‘‘(2)(3) ELECTRONIC MESSAGING ACCOUNT.— 

9 The term ‘electronic messaging account’ means any 

10 account that sends electronic messages. 

11 ‘‘(3) EXECUTIVE AGENCY.—The term ‘executive 

12 agency’ has the meaning given that term in section 

13 105 of title 5.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 22 of title 44, 

16 United States Code, as amended by subsection 

17 (a)(3), is further amended by adding at the end the 

18 following new item: 

‘‘2209. Disclosure requirement for official business conducted using non-official 

electronic messaging accounts.’’. 

19 SEC. 3. NATIONAL ARCHIVES AND RECORDS ADMINISTRA20 TION. 

21 (a) ACCEPTANCE OF RECORDS FOR HISTORICAL

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

23 Code, is amended to read as follows: 


tjames on DSK5VPTVN1PROD with BILLS
13 

•HR 1233 RS

1 ‘‘§ 2107. Acceptance of records for historical preser2 vation 

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

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

5 ‘‘(1) accept for deposit with the National Ar6 chives of the United States the records of a Federal 

7 agency, the Congress, the Architect of the Capitol, 

8 or the Supreme Court determined by the Archivist 

9 to have sufficient historical or other value to warrant 

10 their continued preservation by the United States 

11 Government; 

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

13 a Federal agency determined by the Archivist to 

14 have sufficient historical or other value to warrant 

15 their continued preservation by the United States 

16 Government to the National Archives of the United 

17 States, as soon as practicable, and at a time mutu18 ally agreed upon by the Archivist and the head of 

19 that Federal agency not later than thirty years after 

20 such records were created or received by that agen21 cy, unless the head of such agency has certified in 

22 writing to the Archivist that such records must be 

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

24 conduct of the regular business of the agency; 

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

26 head of the originating Federal agency, or if the exVerDate Mar 15 2010 01:04 Jul 24, 2014 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1233.RS H1233

tjames on DSK5VPTVN1PROD with BILLS
14 

•HR 1233 RS

1 istence of the agency has been terminated, with the 

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

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

4 approved for deposit with the National Archives of 

5 the United States to public or educational institu6 tions or associations; title to the records to remain 

7 vested in the United States unless otherwise author8 ized by Congress; and 

9 ‘‘(4) transfer materials from private sources au10 thorized to be received by the Archivist by section 

11 2111 of this title. 

12 ‘‘(b) EARLY TRANSFER OF RECORDS.—The Archi13 vist— 

14 ‘‘(1) in consultation with the head of the origi15 nating Federal agency, is authorized to accept a 

16 copy of the records described in subsection (a)(2) 

17 that have been in existence for less than thirty 

18 years; and 

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

20 the expiration of— 

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

22 paragraph (1); 

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

24 Archivist by order; or 


tjames on DSK5VPTVN1PROD with BILLS
15 

•HR 1233 RS

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

2 originating Federal agency.’’. 

3 (b) MATERIAL ACCEPTED FOR DEPOSIT.—Section 

4 2111 of title 44, United States Code, is amended to read 

5 as follows: 

6 ‘‘§ 2111. Material accepted for deposit 

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

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

9 deposit— 

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

11 of a President or former President of the United 

12 States, or other official or former official of the Gov13 ernment, and other papers relating to and contem14 porary with a President or former President of the 

15 United States, subject to restrictions agreeable to 

16 the Archivist as to their use; and 

17 ‘‘(2) recorded information (as such term is de18 fined in section 3301(a)(2) of this title) from private 

19 sources that are appropriate for preservation by the 

20 Government as evidence of its organization, func21 tions, policies, decisions, procedures, and trans22 actions. 

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

24 case of any Presidential records which are subject to the 

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


tjames on DSK5VPTVN1PROD with BILLS
16 

•HR 1233 RS

1 (c) PRESERVATION OF AUDIO AND VISUAL

2 RECORDS.— 

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

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

5 ‘‘§ 2114. Preservation of audio and visual records 

6 ‘‘The Archivist may make and preserve audio and vis7 ual records, including motion-picture films, still photo8 graphs, and sound recordings, in analog, digital, or any 

9 other form, pertaining to and illustrative of the historical 

10 development of the United States Government and its ac11 tivities, and provide for preparing, editing, titling, scoring, 

12 processing, duplicating, reproducing, exhibiting, and re13 leasing for non-profit educational purposes, motion-picture 

14 films, still photographs, and sound recordings in the Ar15 chivist’s custody.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of chapter 21 of title 44, 

18 United States Code, is amended by striking the item 

19 for section 2114 and inserting the following: 

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

20 (d) LEGAL STATUS OF REPRODUCTIONS; OFFICIAL

21 SEAL; FEES FOR COPIES AND REPRODUCTIONS.—Section 

22 2116(a) of title 44, United States Code, is amended by 

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

24 it appears. 


tjames on DSK5VPTVN1PROD with BILLS
17 

•HR 1233 RS

1 SEC. 4. RECORDS MANAGEMENT BY FEDERAL AGENCIES. 

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

3 amended to read as follows: 

4 ‘‘§ 3106. Unlawful removal, destruction of records 

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

6 of each Federal agency shall notify the Archivist of any 

7 actual, impending, or threatened unlawful removal, defac8 ing, alteration, corruption, deletion, erasure, or other de9 struction of records in the custody of the agency, and with 

10 the assistance of the Archivist shall initiate action through 

11 the Attorney General for the recovery of records the head 

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

13 been unlawfully removed from that agency, or from an14 other Federal agency whose records have been transferred 

15 to the legal custody of that Federal agency. 

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

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

18 action for such recovery or other redress within a reason19 able period of time after being notified of any such unlaw20 ful action described in subsection (a), or is participating 

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

22 action, the Archivist shall request the Attorney General 

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

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


tjames on DSK5VPTVN1PROD with BILLS
18 

•HR 1233 RS

1 SEC. 5. DISPOSAL OF RECORDS. 

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

3 44, United States Code, is amended to read as follows: 

4 ‘‘§ 3301. Definition of records 

5 ‘‘(a) RECORDS DEFINED.— 

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

7 term ‘records’— 

8 ‘‘(A) includes all recorded information, re9 gardless of form or characteristics, made or re10 ceived by a Federal agency under Federal law 

11 or in connection with the transaction of public 

12 business and preserved or appropriate for pres13 ervation by that agency or its legitimate suc14 cessor as evidence of the organization, func15 tions, policies, decisions, procedures, operations, 

16 or other activities of the United States Govern17 ment or because of the informational value of 

18 data in them; and 

19 ‘‘(B) does not include— 

20 ‘‘(i) library and museum material 

21 made or acquired and preserved solely for 

22 reference or exhibition purposes; or 

23 ‘‘(ii) duplicate copies of records pre24 served only for convenience. 

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

26 purposes of paragraph (1), the term ‘recorded inforVerDate Mar 15 2010 01:04 Jul 24, 2014 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H1233.RS H1233

tjames on DSK5VPTVN1PROD with BILLS
19 

•HR 1233 RS

1 mation’ includes all traditional forms of records, re2 gardless of physical form or characteristics, includ3 ing information created, manipulated, commu4 nicated, or stored in digital or electronic form. 

5 ‘‘(b) DETERMINATION OF DEFINITION.—The Archi6 vist’s determination whether recorded information, regard7 less of whether it exists in physical, digital, or electronic 

8 form, is a record as defined in subsection (a) shall be bind9 ing on all Federal agencies.’’. 

10 (b) REGULATIONS COVERING LISTS OF RECORDS

11 FOR DISPOSAL, PROCEDURE FOR DISPOSAL, AND STAND12 ARDS FOR REPRODUCTION.—Section 3302(3) of title 44, 

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

14 or microphotographic processes’’ and inserting ‘‘photo15 graphic, microphotographic, or digital processes’’. 

16 (c) LISTS AND SCHEDULES OF RECORDS TO BE

17 SUBMITTED TO THE ARCHIVIST BY HEAD OF EACH GOV18 ERNMENT AGENCY.—Section 3303(1) of title 44, United 

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

20 microphotographed’’ and inserting ‘‘photographed, micro21 photographed, or digitized’’. 

22 (d) EXAMINATION BY ARCHIVIST OF LISTS AND

23 SCHEDULES OF RECORDS LACKING PRESERVATION

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

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


tjames on DSK5VPTVN1PROD with BILLS
20 

•HR 1233 RS

1 Committee on Rules and Administration of the Senate and 

2 the Committee on House Oversight of the House of Rep3 resentatives’’ and inserting ‘‘the Committee on Oversight 

4 and Government Reform of the House of Representatives 

5 and the Committee on Homeland Security and Govern6 mental Affairs of the Senate’’. 

7 (e) PHOTOGRAPHS OR MICROPHOTOGRAPHS OF

8 RECORDS CONSIDERED AS ORIGINALS; CERTIFIED RE9 PRODUCTIONS ADMISSIBLE IN EVIDENCE.—Section 3312 

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

11 (1) in the first sentence, by striking ‘‘Photo12 graphs or microphotographs of records’’ and insert13 ing ‘‘Photographs, microphotographs of records, or 

14 digitized records’’; and 

15 (2) in the second sentence, by striking ‘‘photo16 graphs or microphotographs’’ and inserting ‘‘photo17 graphs, microphotographs, or digitized records’’, 

18 each place it appears. 

19 SEC. 6. PROCEDURES TO PREVENT UNAUTHORIZED RE20 MOVAL OF CLASSIFIED RECORDS FROM NA21 TIONAL ARCHIVES. 

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

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

24 shall prescribe internal procedures to prevent the unau25 thorized removal of classified records from the National 


tjames on DSK5VPTVN1PROD with BILLS
21 

•HR 1233 RS

1 Archives and Records Administration or the destruction 

2 or damage of such records, including when such records 

3 are accessed or searched electronically. Such procedures 

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

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

6 may not view classified records in any room that is 

7 not secure, except in the presence of National Ar8 chives and Records Administration personnel or 

9 under video surveillance. 

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

11 may not be left alone with classified records, unless 

12 that individual is under video surveillance. 

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

14 may not review classified records while possessing 

15 any cellular phone, electronic personal communica16 tion device, or any other devices capable of 

17 photographing, recording, or transferring images or 

18 content. 

19 (4) An individual seeking access to review clas20 sified records, as a precondition to such access, must 

21 consent to a search of their belongings upon conclu22 sion of their records review. 

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

24 individual, other than covered personnel, during the 

25 course of a review of classified records shall be reVerDate Mar 15 2010 01:04 Jul 24, 2014 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1233.RS H1233

tjames on DSK5VPTVN1PROD with BILLS
22 

•HR 1233 RS

1 tained by the National Archives and Records Admin2 istration in a secure facility until such notes and 

3 other writings are determined to be unclassified, are 

4 declassified, or are securely transferred to another 

5 secure facility. 

6 (b) DEFINITIONS.—In this section: 

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

8 personnel’’ means any individual— 

9 (A) who has an appropriate and necessary 

10 reason for accessing classified records, as deter11 mined by the Archivist; and 

12 (B) who is either— 

13 (i) an officer or employee of the 

14 United States Government with appro15 priate security clearances; or 

16 (ii) any personnel with appropriate se17 curity clearances of a Federal contractor 

18 authorized in writing to act for purposes of 

19 this section by an officer or employee of 

20 the United States Government. 

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

22 meaning given that term under section 3301 of title 

23 44, United States Code. 


tjames on DSK5VPTVN1PROD with BILLS
23 

•HR 1233 RS

1 SEC. 7. REPEAL OF PROVISIONS RELATED TO THE NA2 TIONAL STUDY COMMISSION ON RECORDS 

3 AND DOCUMENTS OF FEDERAL OFFICIALS. 

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

5 title 44, United States Code, are repealed. 

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

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

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

9 3315 through 3324. 

10 SEC. 8. PRONOUN AMENDMENTS. 

11 Title 44, United States Code, is amended— 

12 (1) in section 2116(c), by striking ‘‘his’’ and in13 serting ‘‘the Archivist’s’’; 

14 (2) in section 2201(2), by striking ‘‘his’’ and in15 serting ‘‘the President’s’’, each place it appears; 

16 (3) in section 2203— 

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

18 inserting ‘‘the President’s’’; 

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

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

21 (C) in subsection (c)— 

22 (i) in the matter preceding paragraph 

23 (1)— 

24 (I) by striking ‘‘his’’ and insert25 ing ‘‘the President’s’’; and 


tjames on DSK5VPTVN1PROD with BILLS
24 

•HR 1233 RS

1 (II) by striking ‘‘those of his 

2 Presidential records’’ and inserting 

3 ‘‘those Presidential records of such 

4 President’’; and 

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

6 and inserting ‘‘the Archivist’’; 

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

8 inserting ‘‘the Archivist’’; 

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

10 inserting ‘‘the Archivist’’; and 

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

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

13 (4) in section 2204— 

14 (A) in subsection (a)— 

15 (i) in the matter preceding paragraph 

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

17 President’s’’; and 

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

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

20 (B) in subsection (b)— 

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

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

23 (ii) in paragraph (3)— 


tjames on DSK5VPTVN1PROD with BILLS
25 

•HR 1233 RS

1 (I) by striking ‘‘his’’the first 

2 place it appears and inserting ‘‘the 

3 Archivist’s’’; and 

4 (II) by striking ‘‘his designee’’ 

5 and inserting ‘‘the Archivist’s des6 ignee’’; 

7 (5) in section 2205— 

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

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

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

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

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

13 inserting ‘‘the Archivist’s’’; 

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

15 inserting ‘‘the Archivist’s’’; 

16 (8) in section 2905(a)— 

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

18 Archivist’’; and 

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

20 Archivist’s’’; 

21 (9) in section 3103, by striking ‘‘he’’ and in22 serting ‘‘the head of such agency’’; 

23 (10) in section 3104— 

24 (A) by striking ‘‘his’’ the first place it ap25 pears and inserting ‘‘such official’s’’; and 


tjames on DSK5VPTVN1PROD with BILLS
26 

•HR 1233 RS

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

2 ‘‘such official or such official’s’’; 

3 (11) in section 3105, by striking ‘‘he’’ and in4 serting ‘‘the head of such agency’’; 

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

6 inserting ‘‘the Archivist’’; and 

7 (13) in section 3303a— 

8 (A) in subsection (a)— 

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

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

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

12 ‘‘the Archivist’’; 

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

14 inserting ‘‘the Archivist’’; 

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

16 inserting ‘‘the Archivist’s’’; and 

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

18 inserting ‘‘the Archivist’’. 

19 SEC. 9. RECORDS MANAGEMENT BY THE ARCHIVIST. 

20 (a) OBJECTIVES OF RECORDS MANAGEMENT.—Sec21 tion 2902 of title 44, United States Code, is amended— 

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

23 of records maintenance and use’’ and inserting ‘‘cre24 ation, maintenance, transfer, and use’’; 


tjames on DSK5VPTVN1PROD with BILLS
27 

•HR 1233 RS

1 (2) in paragraph (6), by inserting after ‘‘Fed2 eral paperwork’’ the following: ‘‘and the transfer of 

3 records from Federal agencies to the National Ar4 chives of the United States in digital or electronic 

5 form to the greatest extent possible’’; and 

6 (3) in paragraph (7), by striking ‘‘the Adminis7 trator or’’. 

8 (b) RECORDS CENTERS AND CENTRALIZED MICRO9 FILMING SERVICES.— 

10 (1) AMENDMENT.—Section 2907 of title 44, 

11 United States Code, is amended— 

12 (A) in the section heading by inserting ‘‘or 

13 digitization’’ after ‘‘microfilming’’; and 

14 (B) by inserting ‘‘or digitization’’ after 

15 ‘‘microfilming’’. 

16 (2) CONFORMING AMENDMENT.—The table of 

17 sections at the beginning of chapter 29 of title 44, 

18 United States Code, is amended in the item relating 

19 to section 2907 by inserting ‘‘or digitization’’ after 

20 ‘‘microfilming’’. 

21 (c) GENERAL RESPONSIBILITIES FOR RECORDS

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

23 Code, is amended— 

24 (1) in subsection (b), by striking ‘‘The Adminis25 trator’’ and inserting ‘‘The Archivist’’; 


tjames on DSK5VPTVN1PROD with BILLS
28 

•HR 1233 RS

1 (2) in subsection (c)— 

2 (A) in the matter preceding paragraph 

3 (1)— 

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

5 ‘‘the’’; 

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

7 respectively’’ and inserting ‘‘subsections 

8 (a) and (b)’’; 

9 (iii) by striking ‘‘and the Adminis10 trator’’; and 

11 (iv) by striking ‘‘each’’; and 

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

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

14 (3) subsection (d) is amended to read as fol15 lows: 

16 ‘‘(d) The Archivist shall promulgate regulations re17 quiring all Federal agencies to transfer all digital or elec18 tronic records to the National Archives of the United 

19 States in digital or electronic form to the greatest extent 

20 possible.’’. 

21 (d) INSPECTION OF AGENCY RECORDS.—Section 

22 2906 of title 44, United States Code, is amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (1)— 


tjames on DSK5VPTVN1PROD with BILLS
29 

•HR 1233 RS

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

2 inserting ‘‘the’’; 

3 (ii) by striking ‘‘the Administrator of 

4 General Services and’’; 

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

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

7 (iv) by striking ‘‘solely’’; and 

8 (v) by inserting after ‘‘for the im9 provement of records management prac10 tices and programs’’ the following: ‘‘and 

11 for determining whether the records of 

12 Federal agencies have sufficient value to 

13 warrant continued preservation or lack suf14 ficient value to justify continued preserva15 tion’’; 

16 (B) in paragraph (2)— 

17 (i) by striking ‘‘the Administrator 

18 and’’; and 

19 (ii) by striking the second sentence; 

20 and 

21 (C) in paragraph (3)— 

22 (i) in the matter preceding subpara23 graph (A)— 

24 (I) by striking ‘‘the Adminis25 trator or’’; and 


tjames on DSK5VPTVN1PROD with BILLS
30 

•HR 1233 RS

1 (II) by striking ‘‘designee of ei2 ther’’ and inserting ‘‘Archivist’s des3 ignee’’; and 

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

5 ‘‘the Administrator, the Archivist,’’ and in6 serting ‘‘the Archivist’’; and 

7 (2) in subsection (b)— 

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

9 and 

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

11 inserting ‘‘Archivist’s designee’’. 

12 (e) REPORTS; CORRECTION OF VIOLATIONS.—Sec13 tion 2115 of title 44, United States Code, is amended— 

14 (1) in subsection (a)— 

15 (A) by striking ‘‘their respective’’ and in16 serting ‘‘the’’; 

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

18 and 

19 (C) by striking ‘‘each’’; and 

20 (2) in subsection (b)— 

21 (A) by striking ‘‘either’’; 

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

23 each place it appears; and 

24 (C) by striking ‘‘inaugurated’’ and insert25 ing ‘‘demonstrably commenced’’. 


tjames on DSK5VPTVN1PROD with BILLS
31 

•HR 1233 RS

1 (f) RECORDS MANAGEMENT BY THE ARCHIVIST.—. 

2 (1) AMENDMENT.—The heading for chapter 29 

3 of title 44, United States Code, is amended by strik4 ing ‘‘AND BY THE ADMINISTRATOR OF 

5 GENERAL SERVICES’’. 

6 (2) CONFORMING AMENDMENT.—The table of 

7 chapters at the beginning of title 44, United States 

8 Code, is amended in the item related to chapter 29 

9 by striking ‘‘and by the Administrator of General 

10 Services’’. 

11 (g) ESTABLISHMENT OF PROGRAM OF MANAGE12 MENT.—Section 3102(2) of title 44, United States Code, 

13 is amended by striking ‘‘the Administrator of General 

14 Services and’’. 

15 SEC. 10. DISCLOSURE REQUIREMENT FOR OFFICIAL BUSI16 NESS CONDUCTED USING NON-OFFICIAL 

17 ELECTRONIC MESSAGING ACCOUNT. 

18 (a) AMENDMENT.—Chapter 29 of title 44, United 

19 States Code is amended by adding at the end the following 

20 new section: 

21 ‘‘§ 2911. Disclosure requirement for official business 

22 conducted using non-official electronic 

23 messaging accounts 

24 ‘‘(a) IN GENERAL.—An officer or employee of an ex25 ecutive agency may not create or send a record using a 


tjames on DSK5VPTVN1PROD with BILLS
32 

•HR 1233 RS

1 non-official electronic messaging account unless such offi2 cer or employee— 

3 ‘‘(1) copies an official electronic messaging ac4 count of the officer or employee in the original cre5 ation or transmission of the record; or 

6 ‘‘(2) forwards a complete copy of the record to 

7 an official electronic messaging account of the offi8 cer or employee within five days not later than 20 

9 days after the original creation or transmission of 

10 the record. 

11 ‘‘(b) ADVERSE ACTIONS.—The intentional violation 

12 of subsection (a) (including any rules, regulations, or other 

13 implementing guidelines), as determined by the appro14 priate supervisor, shall be a basis for disciplinary action 

15 in accordance with subchapter I, II, or V of chapter 75 

16 of title 5, as the case may be. 

17 ‘‘(c) DEFINITIONS.—In this section: 

18 ‘‘(1) ELECTRONIC MESSAGES.—The term ‘elec19 tronic messages’ means electronic mail and other 

20 electronic messaging systems that are used for pur21 poses of communicating between individuals. 

22 ‘‘(2) ELECTRONIC MESSAGING ACCOUNT.—The 

23 term ‘electronic messaging account’ means any ac24 count that sends electronic messages. 


tjames on DSK5VPTVN1PROD with BILLS
33 

•HR 1233 RS

1 ‘‘(3) EXECUTIVE AGENCY.—The term ‘executive 

2 agency’ has the meaning given that term in section 

3 105 of title 5.’’. 

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

5 at the beginning of chapter 29 of title 44, United States 

6 Code, is amended by adding at the end the following new 

7 item: 

‘‘2911. Disclosure requirement for official business conducted using non-official 

electronic messaging accounts.’’. 


tjames on DSK5VPTVN1PROD with BILLS
Calendar No. 487 

113TH CONGRESS 

2D SESSION H. R. 1233 

[Report No. 113–218] 

AN ACT 

To amend chapter 22 of title 44, United States 

records, and for other purposes. privilege against disclosure of Presidential sideration of claims of constitutionally based Records Act, to establish procedures for the conCode, popularly known as the Presidential 

JULY 23, 2014 

Reported with amendments 


tjames on DSK5VPTVN1PROD with BILLS