IIB 
113TH CONGRESS 
2D SESSION 
H. R. 1233 
IN THE SENATE OF THE UNITED STATES 
JANUARY 15, 2014 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
To amend chapter 22 of title 44, United States Code, popu-
larly known as the Presidential Records Act, to establish 
procedures for the consideration of claims of constitu-
tionally based privilege against disclosure of Presidential 
records, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Presidential and Federal Records Act Amendments of 
2014’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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-offi-
cial electronic messaging account. 
SEC. 2. PRESIDENTIAL RECORDS. 
(a) PROCEDURES FOR CONSIDERATION OF CLAIMS 
OF CONSTITUTIONALLY BASED PRIVILEGE AGAINST DIS-
CLOSURE.— 
(1) AMENDMENT.—Chapter 22 of title 44, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 2208. Claims of constitutionally based privilege 
against disclosure 
‘‘(a)(1) When the Archivist determines under this 
chapter to make available to the public any Presidential 
record that has not previously been made available to the 
public, the Archivist shall— 
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‘‘(A) promptly provide notice of such deter-
mination to— 
‘‘(i) the former President during whose 
term of office the record was created; and 
‘‘(ii) the incumbent President; and 
‘‘(B) make the notice available to the public. 
‘‘(2) The notice under paragraph (1)— 
‘‘(A) shall be in writing; and 
‘‘(B) shall include such information as may be 
prescribed in regulations issued by the Archivist. 
‘‘(3)(A) Upon the expiration of the 60-day period (ex-
cepting Saturdays, Sundays, and legal public holidays) be-
ginning on the date the Archivist provides notice under 
paragraph (1)(A), the Archivist shall make available to the 
public the Presidential record covered by the notice, except 
any record (or reasonably segregable part of a record) with 
respect to which the Archivist receives from a former 
President or the incumbent President notification of a 
claim of constitutionally based privilege against disclosure 
under subsection (b). 
‘‘(B) A former President or the incumbent President 
may extend the period under subparagraph (A) once for 
not more than 30 additional days (excepting Saturdays, 
Sundays, and legal public holidays) by filing with the Ar-
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chivist a statement that such an extension is necessary 
to allow an adequate review of the record. 
‘‘(C) Notwithstanding subparagraphs (A) and (B), if 
the 60-day period under subparagraph (A), or any exten-
sion of that period under subparagraph (B), would other-
wise expire during the 6-month period after the incumbent 
President first takes office, then that 60-day period or ex-
tension, respectively, shall expire at the end of that 6- 
month period. 
‘‘(b)(1) For purposes of this section, the decision to 
assert any claim of constitutionally based privilege against 
disclosure of a Presidential record (or reasonably seg-
regable part of a record) must be made personally by a 
former President or the incumbent President, as applica-
ble. 
‘‘(2) A former President or the incumbent President 
shall notify the Archivist, the Committee on Oversight and 
Government Reform of the House of Representatives, and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate of a privilege claim under paragraph 
(1) on the same day that the claim is asserted under such 
paragraph. 
‘‘(c)(1) If a claim of constitutionally based privilege 
against disclosure of a Presidential record (or reasonably 
segregable part of a record) is asserted under subsection 
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(b) by a former President, the Archivist shall consult with 
the incumbent President, as soon as practicable during the 
period specified in paragraph (2)(A), to determine whether 
the incumbent President will uphold the claim asserted by 
the former President. 
‘‘(2)(A) Not later than the end of the 30-day period 
beginning on the date of which the Archivist receives noti-
fication from a former President of the assertion of a 
claim of constitutionally based privilege against disclosure, 
the Archivist shall provide notice to the former President 
and the public of the decision of the incumbent President 
under paragraph (1) regarding the claim. 
‘‘(B) If the incumbent President upholds the claim 
of privilege asserted by the former President, the Archivist 
shall not make the Presidential record (or reasonably seg-
regable part of a record) subject to the claim publicly 
available unless— 
‘‘(i) the incumbent President withdraws the de-
cision upholding the claim of privilege asserted by 
the former President; or 
‘‘(ii) the Archivist is otherwise directed by a 
final court order that is not subject to appeal. 
‘‘(C) If the incumbent President determines not to 
uphold the claim of privilege asserted by the former Presi-
dent, or fails to make the determination under paragraph 
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(1) before the end of the period specified in subparagraph 
(A), the Archivist shall release the Presidential record sub-
ject to the claim at the end of the 90-day period beginning 
on the date on which the Archivist received notification 
of the claim, unless otherwise directed by a court order 
in an action initiated by the former President under sec-
tion 2204(e) of this title or by a court order in another 
action in any Federal court. 
‘‘(d) The Archivist shall not make publicly available 
a Presidential record (or reasonably segregable part of a 
record) that is subject to a privilege claim asserted by the 
incumbent President unless— 
‘‘(1) the incumbent President withdraws the 
privilege claim; or 
‘‘(2) the Archivist is otherwise directed by a 
final court order that is not subject to appeal. 
‘‘(e) The Archivist shall adjust any otherwise applica-
ble time period under this section as necessary to comply 
with the return date of any congressional subpoena, judi-
cial subpoena, or judicial process.’’. 
(2) CONFORMING AMENDMENTS.—(A) Section 
2204(d) of title 44, United States Code, is amended 
by inserting ‘‘, except section 2208,’’ after ‘‘chap-
ter’’. 
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(B) Section 2205 of title 44, United States 
Code, is amended— 
(i) in the matter preceding paragraph (1), 
by striking ‘‘section 2204’’ and inserting ‘‘sec-
tions 2204 and 2208 of this title’’; and 
(ii) in paragraph (2)(A), by striking ‘‘sub-
pena’’ and inserting ‘‘subpoena’’. 
(C) Section 2207 of title 44, United States 
Code, is amended in the second sentence by insert-
ing ‘‘, except section 2208,’’ after ‘‘chapter’’. 
(3) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 22 of title 44, 
United States Code, is amended by adding at the 
end the following: 
‘‘2208. Claims of constitutionally based privilege against disclosure.’’. 
(4) RULE OF CONSTRUCTION.—Nothing in the 
amendment made by paragraph (2)(C) shall be con-
strued to— 
(A) affect the requirement of section 2207 
of title 44, United States Code, that Vice Presi-
dential records shall be subject to chapter 22 of 
that title in the same manner as Presidential 
records; or 
(B) affect any claim of constitutionally 
based privilege by a President or former Presi-
dent with respect to a Vice Presidential record. 
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(b) DEFINITIONS.—Section 2201 of title 44, United 
States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘memorandums’’ and in-
serting ‘‘memoranda’’; 
(B) by striking ‘‘audio, audiovisual’’ and 
inserting ‘‘audio and visual records’’; and 
(C) by inserting ‘‘, whether in analog, dig-
ital, or any other form’’ after ‘‘mechanical 
recordations’’; and 
(2) in paragraph (2), by striking ‘‘advise and 
assist’’ and inserting ‘‘advise or assist’’. 
(c) MANAGEMENT AND CUSTODY OF PRESIDENTIAL 
RECORDS.—Section 2203 of title 44, United States Code, 
is amended— 
(1) in subsection (a), by striking ‘‘maintained’’ 
and inserting ‘‘preserved and maintained’’; 
(2) in subsection (b), by striking ‘‘advise and 
assist’’ and inserting ‘‘advise or assist’’; 
(3) by redesignating subsection (f) as sub-
section (g); 
(4) by inserting after subsection (e) the fol-
lowing new subsection: 
‘‘(f) During a President’s term of office, the Archivist 
may maintain and preserve Presidential records on behalf 
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of the President, including records in digital or electronic 
form. The President shall remain exclusively responsible 
for custody, control, and access to such Presidential 
records. The Archivist may not disclose any such records, 
except under direction of the President, until the conclu-
sion of a President’s term of office, if a President serves 
consecutive terms upon the conclusion of the last term, 
or such other period provided for under section 2204 of 
this title.’’; and 
(5) in subsection (g)(1), as so redesignated, by 
striking ‘‘Act’’ and inserting ‘‘chapter’’. 
(d) RESTRICTIONS
ON ACCESS
TO PRESIDENTIAL 
RECORDS.—Section 2204 of title 44, United States Code, 
is amended by adding at the end the following new sub-
section: 
‘‘(f) The Archivist shall not make available any origi-
nal Presidential records to any individual claiming access 
to any Presidential record as a designated representative 
under section 2205(3) of this title if that individual has 
been convicted of a crime relating to the review, retention, 
removal, or destruction of records of the Archives.’’. 
(e) DISCLOSURE REQUIREMENT FOR OFFICIAL BUSI-
NESS CONDUCTED USING NON-OFFICIAL ELECTRONIC 
MESSAGING ACCOUNT.— 
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(1) AMENDMENT.—Chapter 22 of title 44, 
United States Code, as amended by subsection 
(a)(1), is further amended by adding at the end the 
following new section: 
‘‘§ 2209. Disclosure requirement for official business 
conducted using non-official electronic 
messaging accounts 
‘‘(a) IN GENERAL.—An officer or employee of an ex-
ecutive agency may not create or send a Presidential 
record using a non-official electronic messaging account 
unless such officer or employee— 
‘‘(1) copies an official electronic messaging ac-
count of the officer or employee in the original cre-
ation or transmission of the Presidential record; or 
‘‘(2) forwards a complete copy of the Presi-
dential record to an official electronic messaging ac-
count of the officer or employee within five days 
after the original creation or transmission of the 
Presidential record. 
‘‘(b) ADVERSE ACTIONS.—The intentional violation 
of subsection (a) (including any rules, regulations, or other 
implementing guidelines), as determined by the appro-
priate supervisor, shall be a basis for disciplinary action 
in accordance with subchapter I, II, or V of chapter 75 
of title 5, as the case may be. 
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‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) ELECTRONIC MESSAGES.—The term ‘elec-
tronic messages’ means electronic mail and other 
electronic messaging systems that are used for pur-
poses of communicating between individuals. 
‘‘(2) ELECTRONIC MESSAGING ACCOUNT.—The 
term ‘electronic messaging account’ means any ac-
count that sends electronic messages. 
‘‘(3) EXECUTIVE AGENCY.—The term ‘executive 
agency’ has the meaning given that term in section 
105 of title 5.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 22 of title 44, 
United States Code, as amended by subsection 
(a)(3), is further amended by adding at the end the 
following new item: 
‘‘2209. Disclosure requirement for official business conducted using non-official 
electronic messaging accounts.’’. 
SEC. 3. NATIONAL ARCHIVES AND RECORDS ADMINISTRA-
TION. 
(a) ACCEPTANCE
OF RECORDS
FOR HISTORICAL 
PRESERVATION.—Section 2107 of title 44, United States 
Code, is amended to read as follows: 
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‘‘§ 2107. Acceptance of records for historical preser-
vation 
‘‘(a) IN GENERAL.—When it appears to the Archivist 
to be in the public interest, the Archivist may— 
‘‘(1) accept for deposit with the National Ar-
chives of the United States the records of a Federal 
agency, the Congress, the Architect of the Capitol, 
or the Supreme Court determined by the Archivist 
to have sufficient historical or other value to warrant 
their continued preservation by the United States 
Government; 
‘‘(2) direct and effect the transfer of records of 
a Federal agency determined by the Archivist to 
have sufficient historical or other value to warrant 
their continued preservation by the United States 
Government to the National Archives of the United 
States, as soon as practicable, and at a time mutu-
ally agreed upon by the Archivist and the head of 
that Federal agency not later than thirty years after 
such records were created or received by that agen-
cy, unless the head of such agency has certified in 
writing to the Archivist that such records must be 
retained in the custody of such agency for use in the 
conduct of the regular business of the agency; 
‘‘(3) direct and effect, with the approval of the 
head of the originating Federal agency, or if the ex-
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