DOCS Act

Subjects: Government Operations and Politics, Civil actions and liability, Federal officials, Government information and archives, Intelligence activities, surveillance, classified information, Members of Congress, Presidents and presidential powers, Vice Presidents

Summary:  <p><strong>Defending Our Classified Secrets Act or the DOCS Act</strong></p> <p>This bill addresses the possession of classified materials by former elected federal officials.</p> <p>Specifically, the bill requires an individual who formerly held an elected federal office to certify to the National Archives and Records Administration after leaving office that he or she does not possess any classified materials.</p> <p>The bill establishes a civil penalty of up to $100,000 for an individual who does not submit the required certification or who submits a certification that contains false information.</p> <p>The Office of the Director of National Intelligence must ensure that there is established a mandatory procedure under which any classified material removed from a sensitive compartmented information facility shall be documented and tracked.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 581 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 581

 To require individuals who formerly held an elected Federal office to 
certify after leaving office that they do not have in their possession 
           any classified materials, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 2023

    Mr. Torres of New York introduced the following bill; which was 
  referred to the Permanent Select Committee on Intelligence, and in 
 addition to the Committees on Oversight and Accountability, and House 
   Administration, 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 require individuals who formerly held an elected Federal office to 
certify after leaving office that they do not have in their possession 
           any classified materials, 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 ``Defending Our Classified Secrets 
Act'' or the ``DOCS Act''.

SEC. 2. CERTIFICATION THAT FORMER ELECTED OFFICIALS DO NOT POSSESS 
              CLASSIFIED MATERIAL.

    (a) Requiring Certification After Leaving Office.--Each individual 
who formerly held an elected Federal office shall, not later than 30 
days after the individual no longer holds an elected Federal office, 
submit a certification to the National Archives and Records 
Administration that the individual does not possess any classified 
materials.
    (b) Public Availability of Certifications.--The Archivist of the 
United States shall compile the certifications submitted under 
subsection (a) and make the certifications available to the public.
    (c) Penalty.--An individual who does not submit a certification 
required under subsection (a), or who submits a certification that 
contains false information, shall be subject to a civil money penalty 
not to exceed $100,000.
    (d) Definition.--In this section, the term ``elected Federal 
office'' means the office of President, Vice President, Senator, or 
Representative in, or Delegate or Resident Commissioner to, the 
Congress.
    (e) Effective Date.--This section shall apply with respect to an 
individual who holds an elected Federal office on or after the date of 
the enactment of this Act.

SEC. 3. PROCEDURE TO TRACK CLASSIFIED MATERIAL FOLLOWING REMOVAL FROM A 
              SENSITIVE COMPARTMENTED INFORMATION FACILITY.

    The Director of National Intelligence shall ensure there is 
established a mandatory procedure under which any classified material 
removed from a sensitive compartmented information facility shall be 
documented and tracked (including with respect to the physical location 
of such material) for a period beginning at the time of such removal 
and ending at such time as the Director may determine appropriate.
                                 &lt;all&gt;
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