IB 

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] 


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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. 


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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’’. 

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

8 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. 

9 SEC. 2. PRESIDENTIAL RECORDS. 

10 (a) PROCEDURES FOR CONSIDERATION OF CLAIMS

11 OF CONSTITUTIONALLY BASED PRIVILEGE AGAINST DIS12 CLOSURE.— 

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

14 United States Code, is amended by adding at the 

15 end the following: 

16 ‘‘§ 2208. Claims of constitutionally based privilege 

17 against disclosure 

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

19 chapter to make available to the public any Presidential 


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1 record that has not previously been made available to the 

2 public, the Archivist shall— 

3 ‘‘(A) promptly provide notice of such deter4 mination to— 

5 ‘‘(i) the former President during whose 

6 term of office the record was created; and 

7 ‘‘(ii) the incumbent President; and 

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

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

10 ‘‘(A) shall be in writing; and 

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

12 prescribed in regulations issued by the Archivist. 

13 ‘‘(3)(A) Upon the expiration of the 60-day period (ex14 cepting Saturdays, Sundays, and legal public holidays) be15 ginning on the date the Archivist provides notice under 

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

17 public the Presidential record covered by the notice, except 

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

19 respect to which the Archivist receives from a former 

20 President or the incumbent President notification of a 

21 claim of constitutionally based privilege against disclosure 

22 under subsection (b). 

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

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

25 not more than 30 additional days (excepting Saturdays, 


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1 Sundays, and legal public holidays) by filing with the Ar2 chivist a statement that such an extension is necessary 

3 to allow an adequate review of the record. 

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

5 the 60-day period under subparagraph (A), or any exten6 sion of that period under subparagraph (B), would other7 wise expire during the 6-month period after the incumbent 

8 President first takes office, then that 60-day period or ex9 tension, respectively, shall expire at the end of that 6- 

10 month period. 

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

12 assert any claim of constitutionally based privilege against 

13 disclosure of a Presidential record (or reasonably seg14 regable part of a record) must be made personally by a 

15 former President or the incumbent President, as applica16 ble. 

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

18 shall notify the Archivist, the Committee on Oversight and 

19 Government Reform of the House of Representatives, and 

20 the Committee on Homeland Security and Governmental 

21 Affairs of the Senate of a privilege claim under paragraph 

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

23 paragraph. 

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

25 against disclosure of a Presidential record (or reasonably 


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1 segregable part of a record) is asserted under subsection 

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

3 the incumbent President, as soon as practicable during the 

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

5 the incumbent President will uphold the claim asserted by 

6 the former President. 

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

8 beginning on the date of which the Archivist receives noti9 fication from a former President of the assertion of a 

10 claim of constitutionally based privilege against disclosure, 

11 the Archivist shall provide notice to the former President 

12 and the public of the decision of the incumbent President 

13 under paragraph (1) regarding the claim. 

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

15 of privilege asserted by the former President, the Archivist 

16 shall not make the Presidential record (or reasonably seg17 regable part of a record) subject to the claim publicly 

18 available unless— 

19 ‘‘(i) the incumbent President withdraws the de20 cision upholding the claim of privilege asserted by 

21 the former President; or 

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

23 final court order that is not subject to appeal. 

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

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1 dent, or fails to make the determination under paragraph 

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

3 (A), the Archivist shall release the Presidential record sub4 ject to the claim at the end of the 90-day period beginning 

5 on the date on which the Archivist received notification 

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

7 in an action initiated by the former President under sec8 tion 2204(e) of this title or by a court order in another 

9 action in any Federal court. 

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

11 a Presidential record (or reasonably segregable part of a 

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

13 incumbent President unless— 

14 ‘‘(1) the incumbent President withdraws the 

15 privilege claim; or 

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

17 final court order that is not subject to appeal. 

18 ‘‘(e) The Archivist shall adjust any otherwise applica19 ble time period under this section as necessary to comply 

20 with the return date of any congressional subpoena, judi21 cial subpoena, or judicial process.’’. 

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

23 2204(d) of title 44, United States Code, is amended 

24 by inserting ‘‘, except section 2208,’’ after ‘‘chap25 ter’’. 


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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. 


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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 


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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 MES24 SAGING ACCOUNT.— 


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

2 States Code, as amended by subsection (a)(1), is fur3 ther amended by adding at the end the following new 

4 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 exec9 utive agency may not create or send a Presidential record 

10 using a non-official electronic messaging account unless 

11 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 Presidential 

16 record to an official electronic messaging account of 

17 the officer or employee within five days after the 

18 original creation or transmission of the Presidential 

19 record. 

20 ‘‘(b) ADVERSE ACTIONS.—The intentional violation of 

21 subsection (a) (including any rules, regulations, or other 

22 implementing guidelines), as determined by the appropriate 

23 supervisor, shall be a basis for disciplinary action in ac24 cordance with subchapter I, II, or V of chapter 75 of title 

25 5, as the case may be. 


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

2 ‘‘(1) ELECTRONIC MESSAGES.—The term ‘elec3 tronic messages’ means electronic mail and other elec4 tronic messaging systems that are used for purposes 

5 of communicating between individuals. 

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

7 term ‘electronic messaging account’ means any ac8 count that sends electronic messages. 

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

10 agency’ has the meaning given that term in section 

11 105 of title 5.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 22 of title 44, 

14 United States Code, as amended by subsection (a)(3), 

15 is further amended by adding at the end the following 

16 new item: 

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

electronic messaging accounts.’’. 

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: 


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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 

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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 for 

16 deposit a copy of the records described in subsection 

17 (a)(2) that have been in existence for less than thir18 ty 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 


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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.’’. 


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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. 


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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.’’. 


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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 

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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 


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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 and or microphotographs of records’’ and in13 serting ‘‘Photographs, microphotographs of records, 

14 or 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 


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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 

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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. 


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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 


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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)— 


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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 


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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’’; 


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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.—Section 2907 of title 44, United 

10 States Code, is amended— 

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

12 digitization’’ after ‘‘microfilming’’; and 

13 (2) by inserting ‘‘or digitization’’ after ‘‘micro14 filming’’. 

15 (b) RECORDS CENTERS AND CENTRALIZED MICRO16 FILMING SERVICES.— 

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

18 United States Code, is amended— 

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

20 digitization’’ after ‘‘microfilming’’; and 

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

22 ‘‘microfilming’’. 

23 (2) CONFORMING AMENDMENT.—The table of sec24 tions at the beginning of chapter 29 of title 44, 

25 United States Code, is amended in the item relating 


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

2 ‘‘microfilming’’. 

3 (c) GENERAL RESPONSIBILITIES FOR RECORDS

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

5 Code, is amended— 

6 (1) in subsection (b), by striking ‘‘The Adminis7 trator’’ and inserting ‘‘The Archivist’’; 

8 (2) in subsection (c)— 

9 (A) in the matter preceding paragraph 

10 (1)— 

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

12 ‘‘the’’; 

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

14 respectively’’ and inserting ‘‘subsections 

15 (a) and (b)’’; 

16 (iii) by striking ‘‘and the Adminis17 trator’’; and 

18 (iv) by striking ‘‘each’’; and 

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

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

21 (3) subsection (d) is amended to read as fol22 lows: 

23 ‘‘(d) The Archivist shall promulgate regulations re24 quiring all Federal agencies to transfer all digital or elec25 tronic records to the National Archives of the United 


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1 States in digital or electronic form to the greatest extent 

2 possible.’’. 

3 (d) INSPECTION OF AGENCY RECORDS.—Section 

4 2906(a)(1) 2906 of title 44, United States Code, is amend5 ed— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1)— 

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

9 inserting ‘‘the’’; 

10 (ii) by striking ‘‘the Administrator of 

11 General Services and’’; 

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

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

14 (iv) by striking ‘‘solely’’; and 

15 (v) by inserting after ‘‘for the im16 provement of records management prac17 tices and programs’’ the following: ‘‘and 

18 for determining whether the records of 

19 Federal agencies have sufficient value to 

20 warrant continued preservation or lack suf21 ficient value to justify continued preserva22 tion’’; 

23 (B) in paragraph (2)— 

24 (i) by striking ‘‘the Administrator 

25 and’’; and 


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1 (ii) by striking the second sentence; 

2 and 

3 (C) in paragraph (3)— 

4 (i) in the matter preceding subpara5 graph (A)— 

6 (I) by striking ‘‘the Adminis7 trator or’’; and 

8 (II) by striking ‘‘designee of ei9 ther’’ and inserting ‘‘Archivist’s des10 ignee’’; and 

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

12 ‘‘the Administrator, the Archivist,’’ and in13 serting ‘‘the Archivist’’; and 

14 (2) in subsection (b)— 

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

16 and 

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

18 inserting ‘‘Archivist’s designee’’. 

19 (e) REPORTS; CORRECTION OF VIOLATIONS.—Sec20 tion 2115 of title 44, United States Code, is amended— 

21 (1) in subsection (a)— 

22 (A) by striking ‘‘their respective’’ and in23 serting ‘‘the’’; 

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

25 and 


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1 (C) by striking ‘‘each’’; and 

2 (2) in subsection (b)— 

3 (A) by striking ‘‘either’’; 

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

5 each place it appears; and 

6 (C) by striking ‘‘inaugurated’’ and insert7 ing ‘‘demonstrably commenced’’. 

8 (f) RECORDS MANAGEMENT BY THE ARCHIVIST.— 

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

10 Code, is amended by striking ‘‘AND BY THE ADMIN11 ISTRATOR OF GENERAL SERVICES’’. 

12 (1) AMENDMENT.—The heading for chapter 29 of 

13 title 44, United States Code, is amended by striking 

14 ‘‘AND BY THE ADMINISTRATOR OF 

15 GENERAL SERVICES’’. 

16 (2) CONFORMING AMENDMENT.—The table of 

17 chapters at the beginning of title 44, United States 

18 Code, is amended in the item related to chapter 29 by 

19 striking ‘‘and by the Administrator of General Serv20 ices’’. 

21 (g) ESTABLISHMENT OF PROGRAM OF MANAGE22 MENT.—Section 3102(2) of title 44, United States Code, 

23 is amended by striking ‘‘the Administrator of General 

24 Services and’’. 


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1 SEC. 10. DISCLOSURE REQUIREMENT FOR OFFICIAL BUSI2 NESS CONDUCTED USING NON-OFFICIAL 

3 ELECTRONIC MESSAGING ACCOUNT. 

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

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

6 new section: 

7 ‘‘§ 2911. Disclosure requirement for official business 

8 conducted using non-official electronic 

9 messaging accounts 

10 ‘‘(a) IN GENERAL.—An officer or employee of an exec11 utive agency may not create or send a record using a non12 official electronic messaging account unless such officer or 

13 employee— 

14 ‘‘(1) copies an official electronic messaging ac15 count of the officer or employee in the original cre16 ation or transmission of the record; or 

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

18 official electronic messaging account of the officer or 

19 employee within five days after the original creation 

20 or transmission of the record. 

21 ‘‘(b) ADVERSE ACTIONS.—The intentional violation of 

22 subsection (a) (including any rules, regulations, or other 

23 implementing guidelines), as determined by the appropriate 

24 supervisor, shall be a basis for disciplinary action in ac25 cordance with subchapter I, II, or V of chapter 75 of title 

26 5, as the case may be. 


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

2 ‘‘(1) ELECTRONIC MESSAGES.—The term ‘elec3 tronic messages’ means electronic mail and other elec4 tronic messaging systems that are used for purposes 

5 of communicating between individuals. 

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

7 term ‘electronic messaging account’ means any ac8 count that sends electronic messages. 

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

10 agency’ has the meaning given that term in section 

11 105 of title 5.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections at 

13 the beginning of chapter 29 of title 44, United States Code, 

14 is amended by adding at the end the following new item: 

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

electronic messaging accounts.’’. 


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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 

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 

JUNE 25, 2013 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Mar 15 2010 22:06 Jun 25, 2013 Jkt 029200 PO 00000 Frm 00034 Fmt 6651 Sfmt 6651 E:\BILLS\H1233.RH H1233

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