I 

118TH CONGRESS 

1ST SESSION H. R. 1791 

To amend title 18, United States Code, to provide civil penalties for unauthorized removal and retention of classified documents or material, to amend 

chapter 22 of title 44, to include a certification process for Presidential 

records, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 24, 2023 

Mr. QUIGLEY (for himself and Mr. LAHOOD) introduced the following bill; 

which was referred to the Committee on Oversight and Accountability, 

and in addition to the Committee on the Judiciary, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 18, United States Code, to provide civil 

penalties for unauthorized removal and retention of classified documents or material, to amend chapter 22 of 

title 44, to include a certification process for Presidential 

records, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Classified Documents 

5 Accountability Act’’. 


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1 SEC. 2. CIVIL PENALTIES FOR UNAUTHORIZED REMOVAL 

2 AND RETENTION OF CLASSIFIED DOCU3 MENTS OR MATERIAL. 

4 Section 1924 of title 18, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(d) The Attorney General may bring a civil action 

7 in the appropriate United States district court against any 

8 person who violates this section and, upon proof of such 

9 violation by a preponderance of the evidence, such person 

10 shall be subject to pay a civil penalty in an amount not 

11 to exceed $500,000 for each such violation. The imposition 

12 of a civil penalty under this subsection does not preclude 

13 any other criminal or civil statutory, common law, or ad14 ministrative remedy, which is available by law to the 

15 United States or any other person.’’. 

16 SEC. 3. CERTIFICATION REQUIREMENT. 

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

18 States Code, is amended by adding at the end the fol19 lowing new section: 

20 ‘‘§ 2210. Certification of Presidential records 

21 ‘‘(a) REQUIREMENT FOR ARCHIVES REPRESENTA22 TIVE.—There shall be an officer or employee from the Na23 tional Archives and Records Administration present in the 

24 Executive Office of the President and the Office of the 

25 Vice President to ensure proper logging and handling of 


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1 Presidential records and Vice-Presidential records, as ap2 plicable. 

3 ‘‘(b) CERTIFICATION PROCESS.— 

4 ‘‘(1) SCREENING BY ARCHIVES.—Any record of 

5 the President and Vice President shall be screened 

6 for classified material by the National Archives and 

7 Records Administration during the Presidential 

8 transition and shall be retained by the National Ar9 chives and Records Administration. 

10 ‘‘(2) CERTIFICATION REQUIRED.—Not later 

11 than the first day of a term of office of an incoming 

12 Presidential administration, the outgoing President 

13 and the Vice President, or a designee of the Presi14 dent and the Vice President, shall certify to the Ar15 chivist and the Attorney General whether outgoing 

16 President and Vice President have retained any clas17 sified records. This paragraph does not apply to a 

18 second consecutive term of a President. 

19 ‘‘(c) PENALTIES FOR NONCOMPLIANCE.—Beginning 

20 on such first day and ending on the date the certification 

21 under subsection (b)(2) is so submitted, an outgoing 

22 President or Vice President, or a designee of the outgoing 

23 President or Vice President, who fails to submit the cer24 tification shall be subject to the following, as determined 

25 by the Archivist: 


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1 ‘‘(1) No Federal funds may be obligated or ex2 pended for office space, staff, or the travel of such 

3 outgoing President or Vice President, including any 

4 funds authorized under the Former Presidents Act 

5 of 1958 (Public Law 85–745). 

6 ‘‘(2) A reduction of up to 50 percent in the 

7 monthly payment of any pension payment dispersed 

8 to such outgoing President or Vice President under 

9 such Act or chapter 83 or 84 of title 5 (as the case 

10 may be). 

11 ‘‘(d) DEFINITIONS.—In this section: 

12 ‘‘(1) FEDERAL AGENCY.—The term ‘Federal 

13 agency’ has the meaning given that term in section 

14 2901. 

15 ‘‘(2) PRESIDENTIAL TRANSITION.—The term 

16 ‘Presidential transition’ means the period of time 

17 that begins on the day on which the Administrator 

18 of General Services declares an apparent winner of 

19 the Presidential election and ends on the day on 

20 which the winner of the Presidential election is inau21 gurated as President. 

22 ‘‘(3) RECORDS.—The term ‘records’— 

23 ‘‘(A) includes all recorded information, re24 gardless of form or characteristics, made or re25 ceived by a Federal agency under Federal law 


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1 or in connection with the transaction of public 

2 business and preserved or appropriate for pres3 ervation by that agency or its legitimate suc4 cessor as evidence of the organization, func5 tions, policies, decisions, procedures, operations, 

6 or other activities of the United States Govern7 ment or because of the informational value of 

8 data in them; and 

9 ‘‘(B) does not include library and museum 

10 material made or acquired and preserved solely 

11 for reference or exhibition purposes.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

13 The table of sections for chapter 22 of title 44, United 

14 States Code, is amended by adding at the end the fol15 lowing new item: 

‘‘2210. Certification of presidential records.’’. 

16 SEC. 4. CLARIFICATION. 

17 Nothing in this Act, or any amendment made by this 

18 Act, shall be construed to effect or otherwise alter any 

19 whistleblower protections afforded individuals under title 

20 5, United States Code, or any other provision of law. 

Æ 


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