Classified Documents Accountability Act

Subjects: Government Operations and Politics


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1791 Introduced in House (IH)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Classified Documents Accountability 
Act''.

SEC. 2. CIVIL PENALTIES FOR UNAUTHORIZED REMOVAL AND RETENTION OF 
              CLASSIFIED DOCUMENTS OR MATERIAL.

    Section 1924 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(d) The Attorney General may bring a civil action in the 
appropriate United States district court against any person who 
violates this section and, upon proof of such violation by a 
preponderance of the evidence, such person shall be subject to pay a 
civil penalty in an amount not to exceed $500,000 for each such 
violation. The imposition of a civil penalty under this subsection does 
not preclude any other criminal or civil statutory, common law, or 
administrative remedy, which is available by law to the United States 
or any other person.''.

SEC. 3. CERTIFICATION REQUIREMENT.

    (a) Amendment.--Chapter 22 of title 44, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2210. Certification of Presidential records
    ``(a) Requirement for Archives Representative.--There shall be an 
officer or employee from the National Archives and Records 
Administration present in the Executive Office of the President and the 
Office of the Vice President to ensure proper logging and handling of 
Presidential records and Vice-Presidential records, as applicable.
    ``(b) Certification Process.--
            ``(1) Screening by archives.--Any record of the President 
        and Vice President shall be screened for classified material by 
        the National Archives and Records Administration during the 
        Presidential transition and shall be retained by the National 
        Archives and Records Administration.
            ``(2) Certification required.--Not later than the first day 
        of a term of office of an incoming Presidential administration, 
        the outgoing President and the Vice President, or a designee of 
        the President and the Vice President, shall certify to the 
        Archivist and the Attorney General whether outgoing President 
        and Vice President have retained any classified records. This 
        paragraph does not apply to a second consecutive term of a 
        President.
    ``(c) Penalties for Noncompliance.--Beginning on such first day and 
ending on the date the certification under subsection (b)(2) is so 
submitted, an outgoing President or Vice President, or a designee of 
the outgoing President or Vice President, who fails to submit the 
certification shall be subject to the following, as determined by the 
Archivist:
            ``(1) No Federal funds may be obligated or expended for 
        office space, staff, or the travel of such outgoing President 
        or Vice President, including any funds authorized under the 
        Former Presidents Act of 1958 (Public Law 85-745).
            ``(2) A reduction of up to 50 percent in the monthly 
        payment of any pension payment dispersed to such outgoing 
        President or Vice President under such Act or chapter 83 or 84 
        of title 5 (as the case may be).
    ``(d) Definitions.--In this section:
            ``(1) Federal agency.--The term `Federal agency' has the 
        meaning given that term in section 2901.
            ``(2) Presidential transition.--The term `Presidential 
        transition' means the period of time that begins on the day on 
        which the Administrator of General Services declares an 
        apparent winner of the Presidential election and ends on the 
        day on which the winner of the Presidential election is 
        inaugurated as President.
            ``(3) Records.--The term `records'--
                    ``(A) includes all recorded information, regardless 
                of form or characteristics, made or received by a 
                Federal agency under Federal law or in connection with 
                the transaction of public business and preserved or 
                appropriate for preservation by that agency or its 
                legitimate successor as evidence of the organization, 
                functions, policies, decisions, procedures, operations, 
                or other activities of the United States Government or 
                because of the informational value of data in them; and
                    ``(B) does not include library and museum material 
                made or acquired and preserved solely for reference or 
                exhibition purposes.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 22 of title 44, United States Code, is amended by adding at the 
end the following new item:

        ``2210. Certification of presidential records.''.

SEC. 4. CLARIFICATION.

    Nothing in this Act, or any amendment made by this Act, shall be 
construed to effect or otherwise alter any whistleblower protections 
afforded individuals under title 5, United States Code, or any other 
provision of law.
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