II 

117TH CONGRESS 

2D SESSION S. 4140 

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

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

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

IN THE SENATE OF THE UNITED STATES 

MAY 4, 2022 

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

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

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

ensure Presidential records are preserved, duly created 

when non-official electronic messaging accounts are used, 

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

and accountability, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting Account5 ability and Security in Transitions Act of 2022’’ or the 

6 ‘‘PAST Act of 2022’’. 


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1 SEC. 2. SENSE OF CONGRESS. 

2 The sense of Congress is the following: 

3 (1) The preservation of Presidential records (as 

4 defined in section 2201 of title 44, United States 

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

7 important and widely used source for studying how 

8 the executive branch of the Federal Government 

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

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

11 (2) The preservation of Presidential records is 

12 therefore vital for— 

13 (A) the public to be able to understand 

14 and learn from the past; 

15 (B) future policymaking to build on the 

16 past administration’s successes and experience; 

17 (C) ensuring accountability for results, 

18 performance, and conduct; and 

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

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

23 United States Code— 

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


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1 (B) may subject a person engaging in such 

2 efforts to other criminal penalties under section 

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

4 (4) The lawful disposal of Presidential records 

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

7 as described in section 2203 of title 44, United 

8 States Code. 

9 (5) What constitutes a Presidential record is 

10 determined solely by whether the record relates to 

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

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

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

15 States Code, and by the content of the information 

16 contained in the record. 

17 (6) For communication between agencies and 

18 the Executive Office of the President, the copy of 

19 the record belonging to the agency is retained as an 

20 agency record pursuant to section 3301 of title 44, 

21 United States Code. 

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

23 United States Code, any Presidential records created 

24 with non-official electronic media shall be ‘‘pre25 served’’, which includes a comprehensive documentaVerDate Sep 11 2014 02:59 May 05, 2022 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4140.IS S4140

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

3 (8) Applications or software with an automatic 

4 deleting functionality are antithetical to the legal 

5 and historical obligations described under chapter 22 

6 of title 44, United States Code. 

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

9 States is most vulnerable, necessitating an early, 

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

14 (10) Agencies and the Executive Office of the 

15 President are required by law to cooperate with the 

16 Archivist of the United States and the Federal 

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

19 comply with all statutory requirements relating to 

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

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

24 regarding agreements or negotiations with foreign 

25 governments and international organizations and the 


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1 actions and beliefs of foreign nations or actors, are 

2 of enormous value to the national security. 

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

4 and sharing of information regarding key national 

5 security relationships, threats, and operations with 

6 an incoming administration or the destruction, re7 moval, or alteration of Presidential records that at8 test to the information described in this section 

9 could pose a grave danger to the national security. 

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

12 Administrator of General Services plays a vital role 

13 in ensuring continuity of Government and protecting 

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

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

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

20 official proceedings of Government are documented 

21 to improve democracy in the United States, protect 

22 national security, provide continuity of Government 

23 during a transition, and promote accountability for 

24 actions taking during a Presidency. 


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

3 its officers and employees from political interference 

4 is a national imperative and must be a priority for 

5 Congress. 

6 SEC. 3. DEFINITIONS. 

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

8 amended— 

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

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

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

14 includes electronic mail, chat or instant messaging, 

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

17 mobile applications, among other applications. 

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

21 of the President. 

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

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


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1 SEC. 4. MANAGEMENT AND CUSTODY OF PRESIDENTIAL 

2 RECORDS. 

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

4 States Code, is amended— 

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

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

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

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

10 following: 

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

13 designed to— 

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

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

16 records determined appropriate for preservation; and 

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

18 records of temporary value. 

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

20 President wishes to dispose of those Presidential records 

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

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

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


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

2 whether the Archivist intends to take any action 

3 under subsection (g) with respect to the Presidential 

4 records. 

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

6 on which the Archivist provides a written indication under 

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

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

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

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

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

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

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

21 the chair and ranking member of each committee of juris22 diction of either House of Congress, of the Committee on 

23 Appropriations of the Senate, and of the Committee on 

24 Appropriations of the House of Representatives and to the 

25 President a report that— 


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

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

4 the Presidential records management programs of 

5 the Executive Office of the President; and 

6 ‘‘(2) evaluates— 

7 ‘‘(A) the records management activities 

8 and training conducted and standard operating 

9 procedures and guidance issued pursuant to 

10 this section; and 

11 ‘‘(B) responses to any recommendations 

12 resulting from inspections or studies conducted 

13 under this section.’’. 

14 (b) CONFORMING AMENDMENTS.—Title 44, United 

15 States Code, is amended— 

16 (1) in section 2105(a)(2), by striking ‘‘para17 graph (f)(2)’’ and inserting ‘‘subsection (i)(2)’’; 

18 (2) in section 2204(b)(2)(A), by striking ‘‘sec19 tion 2203(d)(1)’’ and inserting ‘‘2203(i)(1)’’; and 

20 (3) in section 2206(1), by striking ‘‘section 

21 2203(f)(3)’’ and inserting ‘‘section 2203(i)(4)’’. 

22 SEC. 5. RESTRICTIONS ON ACCESS TO PRESIDENTIAL 

23 RECORDS. 

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

25 amended— 


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

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

3 inserting ‘‘shall be subject to judicial review, includ4 ing as provided’’; and 

5 (2) in subsection (e)— 

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

7 States’’; and 

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

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

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

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

12 the District of Columbia seeking release of the Presi13 dential record. 

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

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

16 a reasonably segregable portion thereof, if the court deter17 mines that the Presidential record, or the reasonably seg18 regable portion thereof, is not within any of the categories 

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

20 of constitutionally based privilege against disclosure.’’. 

21 SEC. 6. EXCEPTIONS TO RESTRICTED ACCESS. 

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

23 is amended— 

24 (1) by striking ‘‘to any committee or sub25 committee thereof’’ and inserting ‘‘upon request by 


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1 the chair or ranking member of a committee or sub2 committee thereof, to such chair or ranking mem3 ber,’’; and 

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

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

6 SEC. 7. REGULATIONS. 

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

8 amended— 

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

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

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

12 the end; 

13 (B) in paragraph (4), by striking the pe14 riod and inserting a semicolon; and 

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

16 ‘‘(5) provisions— 

17 ‘‘(A) for what constitutes official and non18 official electronic messaging accounts; and 

19 ‘‘(B) establishing procedures for docu20 menting— 

21 ‘‘(i) Presidential records created on 

22 non-official electronic messaging accounts, 

23 including emerging technologies, applica24 tions, and platforms; and 

25 ‘‘(ii) required metadata; 


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

2 media, including from social media accounts, that 

3 may appear to be personal records or private prop4 erty but the preservation of which may be required 

5 under this chapter; and 

6 ‘‘(7) provisions for the appropriate cir7 cumstances and controls for the use of messaging 

8 applications and software with automatic deleting or 

9 other similar functionalities.’’; and 

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

11 ‘‘(b) The Archivist shall issue, and shall annually up12 date, implementation guidance with respect to the regula13 tions described in paragraphs (5) and (6) of subsection 

14 (a).’’. 

15 SEC. 8. DISCLOSURE REQUIREMENT FOR OFFICIAL BUSI16 NESS CONDUCTED USING NON-OFFICIAL 

17 ELECTRONIC MESSAGING ACCOUNTS. 

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

19 United States Code, is amended— 

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

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

22 send, or receive’’; 

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

24 subparagraphs (A) and (B), respectively, and adjust25 ing the margins accordingly; and 


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

2 the following: 

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

4 after assuming office, the President shall publicly re5 lease guidelines for officers and employees of the Ex6 ecutive Office of the President who create or receive 

7 documentary material that— 

8 ‘‘(A) prohibit the use of non-official elec9 tronic messaging accounts that cannot be easily 

10 copied or forwarded to an official electronic 

11 messaging account for official business; and 

12 ‘‘(B) prohibit the use of messaging ac13 counts or software with automatic deleting or 

14 other similar functionalities. 

15 ‘‘(2) REQUIREMENTS FOR USE.—The Presi16 dent,’’. 

17 SEC. 9. PRESIDENTIAL TRANSITION ACT OF 1963. 

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

19 102 note) is amended— 

20 (1) in section 3— 

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

22 clause (v) and inserting the following: 

23 ‘‘(v)(I)(aa) Activities under this paragraph shall in24 clude the preparation of a detailed classified, compartVerDate Sep 11 2014 02:59 May 05, 2022 Jkt 000000 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4140.IS S4140

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1 mented summary by the relevant outgoing executive 

2 branch officials of— 

3 ‘‘(AA) specific strategic, tactical, and oper4 ational threats to national security; 

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

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

7 military force or covert actions. 

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

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

10 staff with appropriate clearances that are designated by 

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

12 the general elections held to determine the electors of 

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

14 3, United States Code. 

15 ‘‘(II) The Archivist of the United States shall collabo16 rate with the Federal Transition Coordinator and agen17 cies, including the Executive Office of the President, to 

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

19 with appropriate clearances that are designated by the 

20 President-elect can easily access national security informa21 tion (including documents, videos, audio, and briefings) 

22 created by the previous administration after the inaugura23 tion of the President-elect. 

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

25 to the chair and ranking member of each committee of 


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1 jurisdiction of either House of Congress, of the Committee 

2 on Appropriations of the Senate, and of the Committee 

3 on Appropriations of the House of Representatives a re4 port if the Archivist of the United States believes there 

5 appears to be noncompliance with the requirements under 

6 this clause.’’; and 

7 (B) in subsection (c)— 

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

9 terms’’; and 

10 (ii) by adding at the end the fol11 lowing: 

12 ‘‘(2)(A) Not later than 6 days after the date of a gen13 eral election described in paragraph (1), the Administrator 

14 shall make the ascertainment described in paragraph (1) 

15 without any interference or undue pressure from the 

16 President or a candidate for President, or any representa17 tive thereof, based on provisional results from State elec18 tion officials and expert analysis of results. 

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

20 if there is a plausible chance that the apparent successful 

21 candidate for the office of President and Vice President, 

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

23 was not a candidate, the Administrator shall provide a 

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1 vided under this section to all parties with a plausible 

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

3 (2) in section 4— 

4 (A) in subsection (d)— 

5 (i) in paragraph (2)— 

6 (I) in subparagraph (B), by 

7 striking ‘‘and’’ at the end; 

8 (II) in subparagraph (C), by 

9 striking the period at the end and in10 serting ‘‘; and’’; and 

11 (III) by adding at the end the 

12 following: 

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

14 of the United States, monitor compliance with 

15 chapter 22 of title 44, United States Code, in16 cluding the preservation of all records and pre17 vention of any records from being disposed un18 less done in accordance with that chapter.’’; 

19 (ii) in paragraph (3)— 

20 (I) by redesignating subpara21 graphs (C) and (D) as subparagraphs 

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

23 (II) by inserting after subpara24 graph (B) the following: 


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

2 and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(5) ROLE OF THE ARCHIVIST.— 

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

7 days before the date of a Presidential election, 

8 the Archivist of the United States shall send a 

9 written communication to all officers and em10 ployees of the Executive Office of the President 

11 who create or receive documentary material (as 

12 defined in section 2201 of title 44, United 

13 States Code)— 

14 ‘‘(i) describing the requirements under 

15 chapter 22 of title 44, United States Code; 

16 and 

17 ‘‘(ii) establishing a timeline for co18 operation with the Archivist of the United 

19 States to ensure an orderly and timely 

20 transition of records subject to that chap21 ter if there is a Presidential transition. 

22 ‘‘(B) REPORTING.— 

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

24 days after the date of a Presidential elec25 tion which results in a Presidential transiVerDate Sep 11 2014 02:59 May 05, 2022 Jkt 000000 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S4140.IS S4140

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1 tion, the Archivist of the United States, in 

2 coordination with the Federal Transition 

3 Coordinator, shall submit to the chair and 

4 ranking member of each committee of ju5 risdiction of either House of Congress, of 

6 the Committee on Appropriations of the 

7 Senate, and of the Committee on Appro8 priations of the House of Representatives a 

9 report discussing the status of the transi10 tion activities of the White House Transi11 tion Coordinating Council and identifying 

12 concerns, if any, regarding compliance with 

13 chapter 22 of title 44, United States Code. 

14 ‘‘(ii) NONCOMPLIANCE.—The Archi15 vist of the United States shall submit to 

16 the chair and ranking member of each 

17 committee of jurisdiction of either House 

18 of Congress, of the Committee on Appro19 priations of the Senate, and of the Com20 mittee on Appropriations of the House of 

21 Representatives a report if the Archivist of 

22 the United States believes there appears to 

23 be noncompliance with the requirements or 

24 timeline described in subparagraph (A).’’; 

25 (B) in subsection (e)(2)— 


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

2 ‘‘and’’ at the end; 

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

4 the period at the end and inserting ‘‘; 

5 and’’; and 

6 (iii) by adding at the end the fol7 lowing: 

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

9 the United States, monitor compliance with 

10 chapter 22 of title 44, United States Code, in11 cluding the preservation of all records and pre12 vention of any records from being disposed un13 less done in accordance with that chapter.’’; 

14 (C) by redesignating subsection (i) as sub15 section (j); and 

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

17 following: 

18 ‘‘(i) ROLE OF THE ARCHIVIST.— 

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

20 before the date of a Presidential election, the Archi21 vist of the United States shall send a written com22 munication to the head of each agency— 

23 ‘‘(A) describing the requirements under 

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


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1 ‘‘(B) establishing a timeline for coopera2 tion with the Archivist of the United States to 

3 ensure an orderly and timely transition of 

4 records subject to that chapter if there is a 

5 Presidential transition. 

6 ‘‘(2) REPORTING.— 

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

8 days after the date of a Presidential election 

9 which results in a Presidential transition, the 

10 Archivist of the United States, in coordination 

11 with the Federal Transition Coordinator, shall 

12 submit to the chair and ranking member of 

13 each committee of jurisdiction of either House 

14 of Congress, of the Committee on Appropria15 tions of the Senate, and of the Committee on 

16 Appropriations of the House of Representatives 

17 a report discussing the status of the transition 

18 activities of agencies and identifying concerns, 

19 if any, regarding compliance with chapter 33 of 

20 title 44, United States Code. 

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

22 the United States shall submit to the chair and 

23 ranking member of each committee of jurisdic24 tion of either House of Congress, of the Com25 mittee on Appropriations of the Senate, and of 


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1 the Committee on Appropriations of the House 

2 of Representatives a report if the Archivist of 

3 the United States believes there appears to be 

4 noncompliance with the requirements or 

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

6 SEC. 10. FORMER PRESIDENTS. 

7 The Act entitled ‘‘An Act to provide retirement, cler8 ical assistants, and free mailing privileges to former Presi9 dents of the United States, and for other purposes’’, ap10 proved August 25, 1958 (commonly known as the 

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

12 is amended by adding at the end the following: 

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

14 that a former President did not comply with major re15 quirements under chapter 22 of title 44, United States 

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

17 102 note), the monetary amounts described in subsections 

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

19 ‘‘(1) 1 year after the date on which the Archi20 vist makes that determination; or 

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

22 the former President has adequately complied with 

23 the requirements.’’. 


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1 SEC. 11. PRESIDENTIAL ARCHIVAL DEPOSITORY. 

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

3 amended— 

4 (1) in subsection (b)— 

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

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

7 the Archivist’’; and 

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

9 ‘‘(2) The Archivist may not deposit papers, docu10 ments, or other historical materials accepted under section 

11 2111 of this title or other Federal records appropriate for 

12 preservation in a Presidential archival depository relating 

13 to a former President under paragraph (1) until after the 

14 date on which the Archivist determines that the former 

15 President has adequately complied with the requirements 

16 under chapter 22 relating to Presidential records (as de17 fined in section 2201).’’; 

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

19 following: 

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

21 (to the extent that such paragraphs are inconsistent with 

22 this paragraph), this subsection shall be administered in 

23 accordance with this paragraph with respect to any Presi24 dential archival depository created as a depository for the 

25 papers, documents, and other historical materials and 

26 Presidential records pertaining to any President who takes 


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1 any action, including destruction, alteration, concealment, 

2 or removal, that threatens or damages the integrity and 

3 statutory preservation requirements under chapter 22 for 

4 Presidential records (as defined in section 2201). 

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

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

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

8 and 

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

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

11 Archives Trust Fund that may be expended for the benefit 

12 and in the interest of a Presidential archival depository 

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

14 of digitizing records the former President wishes to de15 posit in and make available through the Presidential archi16 val depository.’’. 

Æ 


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