IB 
Union Calendar No. 92 
113TH CONGRESS 
1ST SESSION H. R. 1233 
[Report No. 113–127] 
To amend chapter 22 of title 44, United States Code, popularly known 
as the Presidential Records Act, to establish procedures for the consider-
ation of claims of constitutionally based privilege against disclosure of 
Presidential records, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 18, 2013 
Mr. CUMMINGS introduced the following bill; which was referred to the 
Committee on Oversight and Government Reform 
JUNE 25, 2013 
Reported with amendments, committed to the Committee of the Whole House 
on the State of the Union, and ordered to be printed 
[Omit the part struck through and insert the part printed in italic] 
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A BILL 
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. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Presidential and Federal Records Act Amendments of 
2013’’. 
(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-official 
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 
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record that has not previously been made available to the 
public, the Archivist shall— 
‘‘(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, 
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Sundays, and legal public holidays) by filing with the Ar-
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 
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dent, or fails to make the determination under paragraph 
(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 MES-
SAGING ACCOUNT.— 
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(1) AMENDMENT.—Chapter 22 of title 44, United 
States Code, as amended by subsection (a)(1), is fur-
ther 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 exec-
utive 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 Presidential 
record to an official electronic messaging account 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 appropriate 
supervisor, shall be a basis for disciplinary action in ac-
cordance 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 elec-
tronic messaging systems that are used for purposes 
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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istence of the agency has been terminated, with the 
approval of the head of that agency’s successor in 
function, if any, the transfer of records, deposited or 
approved for deposit with the National Archives of 
the United States to public or educational institu-
tions or associations; title to the records to remain 
vested in the United States unless otherwise author-
ized by Congress; and 
‘‘(4) transfer materials from private sources au-
thorized to be received by the Archivist by section 
2111 of this title. 
‘‘(b) EARLY TRANSFER OF RECORDS.—The Archi-
vist— 
‘‘(1) in consultation with the head of the origi-
nating Federal agency, is authorized to accept for 
deposit a copy of the records described in subsection 
(a)(2) that have been in existence for less than thir-
ty years; and 
‘‘(2) may not disclose any such records until 
the expiration of— 
‘‘(A) the thirty-year period described in 
paragraph (1); 
‘‘(B) any longer period established by the 
Archivist by order; or 
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‘‘(C) any shorter period agreed to by the 
originating Federal agency.’’. 
(b) MATERIAL ACCEPTED FOR DEPOSIT.—Section 
2111 of title 44, United States Code, is amended to read 
as follows: 
‘‘§ 2111. Material accepted for deposit 
‘‘(a) IN GENERAL.—When the Archivist considers it 
to be in the public interest the Archivist may accept for 
deposit— 
‘‘(1) the papers and other historical materials 
of a President or former President of the United 
States, or other official or former official of the Gov-
ernment, and other papers relating to and contem-
porary with a President or former President of the 
United States, subject to restrictions agreeable to 
the Archivist as to their use; and 
‘‘(2) recorded information (as such term is de-
fined in section 3301(a)(2) of this title) from private 
sources that are appropriate for preservation by the 
Government as evidence of its organization, func-
tions, policies, decisions, procedures, and trans-
actions. 
‘‘(b) EXCEPTION.—This section shall not apply in the 
case of any Presidential records which are subject to the 
provisions of chapter 22 of this title.’’. 
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(c) 
PRESERVATION
OF
AUDIO
AND
VISUAL 
RECORDS.— 
(1) IN
GENERAL.—Section 2114 of title 44, 
United States Code, is amended to read as follows: 
‘‘§ 2114. Preservation of audio and visual records 
‘‘The Archivist may make and preserve audio and vis-
ual records, including motion-picture films, still photo-
graphs, and sound recordings, in analog, digital, or any 
other form, pertaining to and illustrative of the historical 
development of the United States Government and its ac-
tivities, and provide for preparing, editing, titling, scoring, 
processing, duplicating, reproducing, exhibiting, and re-
leasing for non-profit educational purposes, motion-picture 
films, still photographs, and sound recordings in the Ar-
chivist’s custody.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 21 of title 44, 
United States Code, is amended by striking the item 
for section 2114 and inserting the following: 
‘‘2114. Preservation of audio and visual records.’’. 
(d) LEGAL STATUS OF REPRODUCTIONS; OFFICIAL 
SEAL; FEES FOR COPIES AND REPRODUCTIONS.—Section 
2116(a) of title 44, United States Code, is amended by 
inserting ‘‘digital,’’ after ‘‘microphotographic,’’, each place 
it appears. 
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SEC. 4. RECORDS MANAGEMENT BY FEDERAL AGENCIES. 
Section 3106 of title 44, United States Code, is 
amended to read as follows: 
‘‘§ 3106. Unlawful removal, destruction of records 
‘‘(a) FEDERAL AGENCY NOTIFICATION.—The head 
of each Federal agency shall notify the Archivist of any 
actual, impending, or threatened unlawful removal, defac-
ing, alteration, corruption, deletion, erasure, or other de-
struction of records in the custody of the agency, and with 
the assistance of the Archivist shall initiate action through 
the Attorney General for the recovery of records the head 
of the Federal agency knows or has reason to believe have 
been unlawfully removed from that agency, or from an-
other Federal agency whose records have been transferred 
to the legal custody of that Federal agency. 
‘‘(b) ARCHIVIST NOTIFICATION.—In any case in 
which the head of a Federal agency does not initiate an 
action for such recovery or other redress within a reason-
able period of time after being notified of any such unlaw-
ful action described in subsection (a), or is participating 
in, or believed to be participating in any such unlawful 
action, the Archivist shall request the Attorney General 
to initiate such an action, and shall notify the Congress 
when such a request has been made.’’. 
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SEC. 5. DISPOSAL OF RECORDS. 
(a) DEFINITION OF RECORDS.—Section 3301 of title 
44, United States Code, is amended to read as follows: 
‘‘§ 3301. Definition of records 
‘‘(a) RECORDS DEFINED.— 
‘‘(1) IN GENERAL.—As used in this chapter, the 
term ‘records’— 
‘‘(A) includes all recorded information, re-
gardless of form or characteristics, made or re-
ceived by a Federal agency under Federal law 
or in connection with the transaction of public 
business and preserved or appropriate for pres-
ervation by that agency or its legitimate suc-
cessor as evidence of the organization, func-
tions, policies, decisions, procedures, operations, 
or other activities of the United States Govern-
ment or because of the informational value of 
data in them; and 
‘‘(B) does not include— 
‘‘(i) library and museum material 
made or acquired and preserved solely for 
reference or exhibition purposes; or 
‘‘(ii) duplicate copies of records pre-
served only for convenience. 
‘‘(2) RECORDED INFORMATION DEFINED.—For 
purposes of paragraph (1), the term ‘recorded infor-
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mation’ includes all traditional forms of records, re-
gardless of physical form or characteristics, includ-
ing information created, manipulated, commu-
nicated, or stored in digital or electronic form. 
‘‘(b) DETERMINATION OF DEFINITION.—The Archi-
vist’s determination whether recorded information, regard-
less of whether it exists in physical, digital, or electronic 
form, is a record as defined in subsection (a) shall be bind-
ing on all Federal agencies.’’. 
(b) REGULATIONS COVERING LISTS
OF RECORDS 
FOR DISPOSAL, PROCEDURE FOR DISPOSAL, AND STAND-
ARDS FOR REPRODUCTION.—Section 3302(3) of title 44, 
United States Code, is amended by striking ‘‘photographic 
or microphotographic processes’’ and inserting ‘‘photo-
graphic, microphotographic, or digital processes’’. 
(c) LISTS AND SCHEDULES OF RECORDS TO BE 
SUBMITTED TO THE ARCHIVIST BY HEAD OF EACH GOV-
ERNMENT AGENCY.—Section 3303(1) of title 44, United 
States Code, is amended by striking ‘‘photographed or 
microphotographed’’ and inserting ‘‘photographed, micro-
photographed, or digitized’’. 
(d) EXAMINATION
BY ARCHIVIST
OF LISTS
AND 
SCHEDULES
OF
RECORDS
LACKING
PRESERVATION 
VALUE; DISPOSAL OF RECORDS.—Section 3303a(c) of 
title 44, United States Code, is amended by striking ‘‘the 
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Committee on Rules and Administration of the Senate and 
the Committee on House Oversight of the House of Rep-
resentatives’’ and inserting ‘‘the Committee on Oversight 
and Government Reform of the House of Representatives 
and the Committee on Homeland Security and Govern-
mental Affairs of the Senate’’. 
(e) PHOTOGRAPHS
OR
MICROPHOTOGRAPHS
OF 
RECORDS CONSIDERED AS ORIGINALS; CERTIFIED RE-
PRODUCTIONS ADMISSIBLE IN EVIDENCE.—Section 3312 
of title 44, United States Code, is amended— 
(1) in the first sentence, by striking ‘‘Photo-
graphs and or microphotographs of records’’ and in-
serting ‘‘Photographs, microphotographs of records, 
or digitized records’’; and 
(2) in the second sentence, by striking ‘‘photo-
graphs or microphotographs’’ and inserting ‘‘photo-
graphs, microphotographs, or digitized records’’, 
each place it appears. 
SEC. 6. PROCEDURES TO PREVENT UNAUTHORIZED RE-
MOVAL OF CLASSIFIED RECORDS FROM NA-
TIONAL ARCHIVES. 
(a) CLASSIFIED RECORDS.—Not later than 90 days 
after the date of the enactment of this Act, the Archivist 
shall prescribe internal procedures to prevent the unau-
thorized removal of classified records from the National 
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Archives and Records Administration or the destruction 
or damage of such records, including when such records 
are accessed or searched electronically. Such procedures 
shall include, at a minimum, the following prohibitions: 
(1) An individual, other than covered personnel, 
may not view classified records in any room that is 
not secure, except in the presence of National Ar-
chives and Records Administration personnel or 
under video surveillance. 
(2) An individual, other than covered personnel, 
may not be left alone with classified records, unless 
that individual is under video surveillance. 
(3) An individual, other than covered personnel, 
may not review classified records while possessing 
any cellular phone, electronic personal communica-
tion device, or any other devices capable of 
photographing, recording, or transferring images or 
content. 
(4) An individual seeking access to review clas-
sified records, as a precondition to such access, must 
consent to a search of their belongings upon conclu-
sion of their records review. 
(5) All notes and other writings prepared by an 
individual, other than covered personnel, during the 
course of a review of classified records shall be re-
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tained by the National Archives and Records Admin-
istration in a secure facility until such notes and 
other writings are determined to be unclassified, are 
declassified, or are securely transferred to another 
secure facility. 
(b) DEFINITIONS.—In this section: 
(1) COVERED PERSONNEL.—The term ‘‘covered 
personnel’’ means any individual— 
(A) who has an appropriate and necessary 
reason for accessing classified records, as deter-
mined by the Archivist; and 
(B) who is either— 
(i) an officer or employee of the 
United States Government with appro-
priate security clearances; or 
(ii) any personnel with appropriate se-
curity clearances of a Federal contractor 
authorized in writing to act for purposes of 
this section by an officer or employee of 
the United States Government. 
(2) RECORDS.—The term ‘‘records’’ has the 
meaning given that term under section 3301 of title 
44, United States Code. 
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SEC. 7. REPEAL OF PROVISIONS RELATED TO THE NA-
TIONAL STUDY COMMISSION ON RECORDS 
AND DOCUMENTS OF FEDERAL OFFICIALS. 
(a) IN GENERAL.—Sections 3315 through 3324 of 
title 44, United States Code, are repealed. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 33 of title 44, United States 
Code, is amended by striking the items relating to sections 
3315 through 3324. 
SEC. 8. PRONOUN AMENDMENTS. 
Title 44, United States Code, is amended— 
(1) in section 2116(c), by striking ‘‘his’’ and in-
serting ‘‘the Archivist’s’’; 
(2) in section 2201(2), by striking ‘‘his’’ and in-
serting ‘‘the President’s’’, each place it appears; 
(3) in section 2203— 
(A) in subsection (a), by striking ‘‘his’’ and 
inserting ‘‘the President’s’’; 
(B) in subsection (b), by striking ‘‘his’’ 
and inserting ‘‘the President’s’’; 
(C) in subsection (c)— 
(i) in the matter preceding paragraph 
(1)— 
(I) by striking ‘‘his’’ and insert-
ing ‘‘the President’s’’; and 
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States in digital or electronic form to the greatest extent 
possible.’’. 
(d) INSPECTION
OF AGENCY RECORDS.—Section 
2906(a)(1) 2906 of title 44, United States Code, is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘their respective’’ and 
inserting ‘‘the’’; 
(ii) by striking ‘‘the Administrator of 
General Services and’’; 
(iii) by striking ‘‘designee of either’’ 
and inserting ‘‘the Archivist’s designee’’; 
(iv) by striking ‘‘solely’’; and 
(v) by inserting after ‘‘for the im-
provement of records management prac-
tices and programs’’ the following: ‘‘and 
for determining whether the records of 
Federal agencies have sufficient value to 
warrant continued preservation or lack suf-
ficient value to justify continued preserva-
tion’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘the Administrator 
and’’; and 
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