SEC. 2. SENSE OF CONGRESS. 
The sense of Congress is the following: 
(1) The preservation of Presidential records (as 
defined in section 2201 of title 44, United States 
Code) is a legal obligation for every Presidential ad-
ministration, as Presidential records are the most 
important and widely used source for studying how 
the executive branch of the Federal Government 
works, how it has changed over time, and how it 
might evolve to serve the needs of a new era. 
(2) The preservation of Presidential records is 
therefore vital for— 
(A) the public to be able to understand 
and learn from the past; 
(B) future policymaking to build on the 
past administration’s successes and experience; 
(C) ensuring accountability for results, 
performance, and conduct; and 
(D) other purposes that serve to strength-
en American democracy. 
(3) Any effort to destroy, alter, or remove Pres-
idential records in violation of chapter 22 of title 44, 
United States Code— 
(A) threatens the values described in para-
graph (2); and 
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(B) may subject a person engaging in such 
efforts to other criminal penalties under section 
641 or 2071 of title 18, United States Code. 
(4) The lawful disposal of Presidential records 
that no longer have administrative, historical, infor-
mational, or evidentiary value must follow a process 
as described in section 2203 of title 44, United 
States Code. 
(5) What constitutes a Presidential record is 
determined solely by whether the record relates to 
the ‘‘carrying out of constitutional, statutory, or 
other official or ceremonial duties of the President’’, 
as indicated in the definition of the term ‘‘Presi-
dential records’’ in section 2201 of title 44, United 
States Code, and by the content of the information 
contained in the record. 
(6) For communication between agencies and 
the Executive Office of the President, the copy of 
the record belonging to the agency is retained as an 
agency record pursuant to section 3301 of title 44, 
United States Code. 
(7) Consistent with section 2203 of title 44, 
United States Code, any Presidential records created 
with non-official electronic media shall be ‘‘pre-
served’’, which includes a comprehensive documenta-
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tion of all records and associated metadata and at-
tachments. 
(8) Applications or software with an automatic 
deleting functionality are antithetical to the legal 
and historical obligations described under chapter 22 
of title 44, United States Code. 
(9) Periods of Presidential transition are mo-
ments where the national security of the United 
States is most vulnerable, necessitating an early, 
good faith, and consistent commitment by the out-
going administration to ensure continuity of oper-
ations as it relates to national security and pro-
tecting critical infrastructure, among other reasons. 
(10) Agencies and the Executive Office of the 
President are required by law to cooperate with the 
Archivist of the United States and the Federal 
Transition Coordinator of the General Service Ad-
ministration, who is tasked with ensuring agencies 
comply with all statutory requirements relating to 
transition planning under section 4(c) of the Presi-
dential Transition Act of 1963 (3 U.S.C. 102 note). 
(11) During a Presidential transition, Presi-
dential records, which contain valuable information 
regarding agreements or negotiations with foreign 
governments and international organizations and the 
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actions and beliefs of foreign nations or actors are 
of enormous value to the national security. 
(12) Any effort to delay briefings, coordination, 
and sharing information regarding key national se-
curity relationships, threats, and operations with an 
incoming administration or the destruction, removal, 
or alteration of Presidential records that attest to 
the information described in this section could pose 
a grave danger to the national security. 
(13) An expeditious ascertainment of the plau-
sible President-elect and Vice-President-elect by the 
Administrator of General Services plays a vital role 
in ensuring continuity of Government and protecting 
national security such that the risk of redundant ex-
penditure is overwhelmed by the advantages of an 
early access to transition resources to allow for tran-
sition planning. 
(14) The National Archives and Records Ad-
ministration plays an essential role in ensuring the 
official proceedings of Government are documented 
to improve democracy in the United States, protect 
national security, provide continuity of Government 
during a transition, and promote accountability for 
actions taking during a Presidency. 
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(15) The robust funding of the National Ar-
chives and Records Administration and protection of 
its officers and employees from political interference 
is a national imperative and must be a priority for 
Congress. 
SEC. 3. DEFINITIONS. 
Section 2201 of title 44, United States Code, is 
amended— 
(1) in paragraph (1), by inserting ‘‘, and in-
cludes the metadata associated with all such mate-
rial’’ before the period; and 
(2) by adding at the end the following: 
‘‘(6) The term ‘electronic messaging account’ 
includes electronic mail, chat or instant messaging, 
text messaging, voicemail messaging, and other mes-
saging platforms or apps, such as social media or 
mobile applications, among other applications. 
‘‘(7) The term ‘official electronic messaging ac-
count’ includes electronic messaging accounts pro-
vided by an executive agency or the Executive Office 
of the President. 
‘‘(8) The term ‘dispose’, with respect to docu-
mentary material, means to remove, deface, alter, 
corrupt, delete, erase, or otherwise destroy the docu-
mentary material.’’. 
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SEC. 4. MANAGEMENT AND CUSTODY OF PRESIDENTIAL 
RECORDS. 
(a) IN GENERAL.—Section 2203 of title 44, United 
States Code, is amended— 
(1) by redesignating subsections (e), (f), and 
(g) as subsections (g), (h), and (i), respectively; 
(2) by redesignating subsection (d) as sub-
section (e); 
(3) by striking subsection (c) and inserting the 
following: 
‘‘(c) The President shall obtain the advice of the Ar-
chivist in applying standards, procedures, and techniques 
designed to— 
‘‘(1) improve the management of records; 
‘‘(2) promote the maintenance and security of 
records determined appropriate for preservation; and 
‘‘(3) facilitate the segregation and disposal of 
records of temporary value. 
‘‘(d)(1) During the President’s term of office, if the 
President wishes to dispose of those Presidential records 
of such President that no longer have administrative, his-
torical, informational, or evidentiary value— 
‘‘(A) the President shall request, in writing, the 
views of the Archivist concerning the proposed dis-
posal of such Presidential records; and 
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‘‘(B) the Archivist shall indicate, in writing, 
whether the Archivist intends to take any action 
under subsection (g) of this section with respect to 
the Presidential records. 
‘‘(2) Not later than 5 business days after the date 
on which the Archivist provides a written indication under 
paragraph (1)(B), the Archivist shall make publicly avail-
able on a website any communications received or sent by 
the Archivist regarding the potential disposal of Presi-
dential records under paragraph (1).’’; 
(4) in subsection (e), as so redesignated— 
(A) by striking ‘‘subsection (c)’’ and in-
serting ‘‘subsection (d)’’; and 
(B) by striking ‘‘subsection (e)’’ and in-
serting ‘‘subsection (g)’’; and 
(5) by inserting after subsection (e), as so re-
designated, the following: 
‘‘(f) In January of each even-numbered year, the Ar-
chivist shall, in coordination with the Office of Administra-
tion of the Executive Office of the President, submit to 
the Chairman and Ranking Member of each committee of 
jurisdiction of either House of Congress, of the Committee 
on Appropriations of the Senate, and of the Committee 
on Appropriations of the House of Representatives and to 
the President a report that— 
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‘‘(1) is based on inspections conducted by the 
Archivist, in coordination with the Office of Admin-
istration of the Executive Office of the President, of 
the Presidential records management programs of 
the Executive Office of the President; and 
‘‘(2) evaluates— 
‘‘(A) the records management activities 
and training conducted and standard operating 
procedures and guidance issued pursuant to 
this section; and 
‘‘(B) responses to any recommendations 
resulting from inspections or studies conducted 
under this section.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 2105(a)(2) of title 44, United 
States Code, is amended by striking ‘‘paragraph 
(f)(2)’’ and inserting ‘‘subsection (i)(2)’’. 
(2) Chapter 22 of title 44, United States Code, 
is amended— 
(A) in section 2204(b)(2)(A), by striking 
‘‘section 
2203(d)(1)’’ 
and 
inserting 
‘‘2203(i)(1)’’; and 
(B) in section 2206(1), by striking ‘‘sec-
tion 
2203(f)(3)’’ 
and 
inserting 
‘‘section 
2203(i)(4)’’. 
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SEC. 5. RESTRICTIONS ON ACCESS TO PRESIDENTIAL 
RECORDS. 
Section 2204 of title 44, United States Code, is 
amended— 
(1) in subsection (b)(3), by striking ‘‘shall not 
be subject to judicial review, except as provided’’ and 
inserting ‘‘shall be subject to judicial review, includ-
ing as provided’’; and 
(2) in subsection (e)— 
(A) by inserting ‘‘(1)’’ before ‘‘The United 
States’’; and 
(B) by adding at the end the following: 
‘‘(2)(A) A person seeking access to a Presidential 
record to which access is restricted under subsection (a) 
may file an action in the United States District Court for 
the District of Columbia seeking release of the Presi-
dential record. 
‘‘(B) In an action filed under subparagraph (A), the 
court shall direct the release of a Presidential record, or 
a reasonably segregable portion thereof, if the court deter-
mines that the Presidential record, or the reasonably seg-
regable portion thereof, is not within any of the categories 
specified in subsection (a) and there is not a valid claim 
of constitutionally based privilege against disclosure.’’. 
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SEC. 6. EXCEPTIONS TO RESTRICTED ACCESS. 
Section 2205(2)(C) of title 44, United States Code, 
is amended— 
(1) by striking ‘‘to any committee or sub-
committee thereof’’ and inserting ‘‘upon request by 
the Chairman or Ranking Member of a committee or 
subcommittee thereof, to such Chairman or ranking 
member,’’; and 
(2) by striking ‘‘its business’’ and inserting 
‘‘the business of the committee or subcommittee’’. 
SEC. 7. REGULATIONS. 
Section 2206 of title 44, United States Code, is 
amended— 
(1) by inserting ‘‘(a)’’ before ‘‘The Archivist’’; 
(2) in subsection (a), as so designated— 
(A) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (4), by striking the pe-
riod and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(5) provisions— 
‘‘(A) for what constitutes official and non- 
official electronic messaging accounts; and 
‘‘(B) establishing procedures for docu-
menting— 
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‘‘(i) Presidential records created on 
non-official electronic messaging accounts 
(including emerging technologies, applica-
tions, and platforms); and 
‘‘(ii) required metadata; 
‘‘(6) provisions for the preservation of digital 
media, including from social media accounts, that 
may appear to be personal records or private prop-
erty but the preservation of which may be required 
under this chapter; and 
‘‘(7) 
provisions 
for 
the 
appropriate 
cir-
cumstances and controls for the use of messaging 
applications and software with automatic deleting or 
other similar functionalities.’’; and 
(3) by adding at the end the following: 
‘‘(b) The Archivist shall issue, and shall annually up-
date, implementation guidance with respect to the regula-
tions described in paragraphs (5) and (6) of subsection 
(a).’’. 
SEC. 8. DISCLOSURE REQUIREMENT FOR OFFICIAL BUSI-
NESS 
CONDUCTED 
USING 
NON-OFFICIAL 
ELECTRONIC MESSAGING ACCOUNTS. 
(a) IN GENERAL.—Section 2209(a) of title 44, 
United States Code, is amended— 
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(1) in the matter preceding paragraph (1), by 
striking ‘‘create or send’’ and inserting ‘‘create, 
send, or receive’’; 
(2) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively, and adjust-
ing the margin accordingly; and 
(3) by striking ‘‘The President,’’ and inserting 
the following: 
‘‘(1) LIMITATIONS.—Not later than 90 days 
after assuming office, the President shall publicly re-
lease guidelines for officers and employees of the Ex-
ecutive Office of the President who create or receive 
documentary material that— 
‘‘(A) prohibit the use of non-official elec-
tronic messaging accounts that cannot be easily 
copied or forwarded to an official electronic 
messaging account for official business; and 
‘‘(B) prohibit the use of messaging ac-
counts or software with automatic deleting or 
other similar functionalities. 
‘‘(2) REQUIREMENTS
FOR
USE.—The Presi-
dent,’’. 
SEC. 9. PRESIDENTIAL TRANSITION ACT OF 1963. 
The Presidential Transition Act of 1963 (3 U.S.C. 
102 note) is amended— 
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(1) in section 3— 
(A) in subsection (a)(8)(A), by striking 
clause (v) and inserting the following: 
‘‘(v)(I)(aa) Activities under this paragraph shall in-
clude the preparation of a detailed classified, compart-
mented summary by the relevant outgoing executive 
branch officials of— 
‘‘(AA) specific strategic, tactical, and oper-
ational threats to national security; 
‘‘(BB) major military or covert operations; and 
‘‘(CC) pending decisions on possible uses of 
military force or covert actions. 
‘‘(bb) The summary prepared under item (aa) shall 
be provided to the President-elect and members of office 
staff with appropriate clearances that are designated by 
the President-elect as soon as possible after the date of 
the general elections held to determine the electors of 
President and Vice President under section 1 or 2 of title 
3, United States Code. 
‘‘(II) The Archivist of the United States shall collabo-
rate with the Federal Transition Coordinator and agen-
cies, including the Executive Office of the President, to 
ensure that the President-elect and members of office staff 
with appropriate clearances that are designated by the 
President-elect can easily access national security informa-
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tion (including documents, videos, audio, and briefings) 
created by the previous administration after the inaugura-
tion of the President-elect. 
‘‘(III) The Archivist of the United States shall submit 
to the Chairman and Ranking Member of each committee 
of jurisdiction of either House of Congress, of the Com-
mittee on Appropriations of the Senate, and of the Com-
mittee on Appropriations of the House of Representatives 
a report if the Archivist of the United States believes there 
appears to be noncompliance with the requirements under 
this clause.’’; and 
(B) in subsection (c)— 
(i) by inserting ‘‘(1)’’ before ‘‘The 
terms’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(2)(A) Not later than 6 days after the date of a gen-
eral election described in paragraph (1), the Administrator 
shall make the ascertainment described in paragraph (1) 
without any interference or undue pressure from the 
President or a candidate for President, or any representa-
tive thereof, based on provisional results from State elec-
tion officials and expert analysis of results. 
‘‘(B) Given the imperatives of an orderly transition, 
if there is a plausible chance that the apparent successful 
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candidate for the office of President and Vice President, 
respectively, are not the incumbent, or if the incumbent 
was not a candidate, the Administrator shall provide a 
portion of the services and facilities authorized to be pro-
vided under this section to all parties with a plausible 
chance of being the successful candidate.’’; and 
(2) in section 4— 
(A) in subsection (d)— 
(i) in paragraph (2)— 
(I) in subparagraph (B), by 
striking ‘‘and’’ at the end; 
(II) in subparagraph (C), by 
striking the period at the end and in-
serting ‘‘; and’’; and 
(III) by adding at the end the 
following: 
‘‘(D) under the guidance of the Archivist 
of the United States, monitor compliance with 
chapter 22 of title 44, United States Code, in-
cluding the preservation of all records and pre-
vention of any records from being disposed un-
less done in accordance with such chapter.’’; 
(ii) in paragraph (3)— 
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(I) by redesignating subpara-
graphs (C) and (D) as subparagraphs 
(D) and (E), respectively; and 
(II) by inserting after subpara-
graph (B) the following: 
‘‘(C) the Archivist of the United States;’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(5) ROLE OF THE ARCHIVIST.— 
‘‘(A) IN
GENERAL.—Not later than 120 
days before the date of a Presidential election, 
the Archivist of the United States shall send a 
written communication to all officers and em-
ployees of the Executive Office of the President 
who create or receive documentary material (as 
defined under section 2201 of title 44, United 
States Code)— 
‘‘(i) describing the requirements under 
chapter 22 of title 44, United States Code; 
and 
‘‘(ii) establishing a timeline for co-
operation with the Archivist of the United 
States to ensure an orderly and timely 
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transition of records subject to such chap-
ter if there is a Presidential transition. 
‘‘(B) REPORTING.— 
‘‘(i) IN GENERAL.—Not later than 30 
days after the date of a Presidential elec-
tion which results in a Presidential transi-
tion, the Archivist of the United States, in 
coordination with the Federal Transition 
Coordinator, shall submit to the Chairman 
and Ranking Member of each committee of 
jurisdiction of either House of Congress, of 
the Committee on Appropriations of the 
Senate, and of the Committee on Appro-
priations of the House of Representatives a 
report discussing the status of the transi-
tion activities of the White House Transi-
tion Coordinating Council and identifying 
concerns, if any, regarding compliance with 
chapter 22 of title 44, United States Code. 
‘‘(ii) NONCOMPLIANCE.—The Archi-
vist of the United States shall submit to 
the Chairman and Ranking Member of 
each committee of jurisdiction of either 
House of Congress, of the Committee on 
Appropriations of the Senate, and of the 
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Committee on Appropriations of the House 
of Representatives a report if the Archivist 
of the United States believes there appears 
to be noncompliance with the requirements 
or timeline described in subparagraph 
(A).’’; 
(B) in subsection (e)(2)— 
(i) in subparagraph (D), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (E), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(F) under the guidance of the Archivist of 
the United States, monitor compliance with 
chapter 22 of title 44, United States Code, in-
cluding the preservation of all records and pre-
vention of any records from being disposed un-
less done in accordance with such chapter.’’; 
(C) by redesignating subsection (i) as sub-
section (j); and 
(D) by inserting after subsection (h) the 
following: 
‘‘(i) ROLE OF THE ARCHIVIST.— 
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‘‘(1) IN GENERAL.—Not later than 120 days 
before the date of a Presidential election, the Archi-
vist of the United States shall send a written com-
munication to the head of each agency— 
‘‘(A) describing the requirements under 
chapter 33 of title 44, United States Code; and 
‘‘(B) establishing a timeline for coopera-
tion with the Archivist of the United States to 
ensure an orderly and timely transition of 
records subject to such chapter if there is a 
Presidential transition. 
‘‘(2) REPORTING.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after the date of a Presidential election 
which results in a Presidential transition, the 
Archivist of the United States, in coordination 
with the Federal Transition Coordinator, shall 
submit to the Chairman and Ranking Member 
of each committee of jurisdiction of either 
House of Congress, of the Committee on Appro-
priations of the Senate, and of the Committee 
on Appropriations of the House of Representa-
tives a report discussing the status of the tran-
sition activities of agencies and identifying con-
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cerns, if any, regarding compliance with chapter 
33 of title 44, United States Code. 
‘‘(B) NONCOMPLIANCE.—The Archivist of 
the United States shall submit to the Chairman 
and Ranking Member of each committee of ju-
risdiction of either House of Congress, of the 
Committee on Appropriations of the Senate, 
and of the Committee on Appropriations of the 
House of Representatives a report if the Archi-
vist of the United States believes there appears 
to be noncompliance with the requirements or 
timeline described in paragraph (1).’’. 
SEC. 10. FORMER PRESIDENTS. 
The Act entitled ‘‘An Act to provide retirement, cler-
ical assistants, and free mailing privileges to former Presi-
dents of the United States, and for other purposes’’, ap-
proved August 25, 1958 (commonly known as the 
‘‘Former Presidents Act of 1958’’) (3 U.S.C. 102 note), 
is amended by adding at the end the following: 
‘‘(h) If the Archivist of the United States determines 
that a former President did not comply with major re-
quirements under chapter 22 of title 44, United States 
Code, or the Presidential Transition Act of 1963 (3 U.S.C. 
102 note), the monetary amounts described in subsections 
(a) and (b) shall be withheld until the later of— 
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‘‘(1) 1 year after the date on which the Archi-
vist makes that determination; or 
‘‘(2) the date on which the Archivist determines 
the former President has adequately complied with 
the requirements.’’. 
SEC. 11. PRESIDENTIAL ARCHIVAL DEPOSITORY. 
Section 2112 of title 44, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) by striking ‘‘When the Archivist’’ and 
inserting ‘‘(1) Subject to paragraph (2), when 
the Archivist’’; and 
(B) by adding at the end the following: 
‘‘(2) The Archivist may not deposit papers, doc-
uments, or other historical materials accepted under 
section 2111 of this title or other Federal records 
appropriate for preservation in a Presidential archi-
val depository relating to a former President under 
paragraph (1) until after the date on which the Ar-
chivist determines that the former President has 
adequately complied with the requirements under 
chapter 22 relating to Presidential records (as de-
fined in section 2201).’’; 
(2) in subsection (g), by adding at the end the 
following: 
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‘‘(6)(A) Notwithstanding paragraphs (3), (4), and (5) 
(to the extent that such paragraphs are inconsistent with 
this paragraph), this subsection shall be administered in 
accordance with this paragraph with respect to any Presi-
dential archival depository created as a depository for the 
papers, documents, and other historical materials and 
Presidential records pertaining to any President who takes 
any action, including destruction, alteration, concealment, 
or removal, that threatens or damages the integrity and 
statutory preservation requirements under chapter 22 for 
Presidential records (as defined in section 2201). 
‘‘(B) For purposes of subparagraphs (A)(ii), 
(B)(i)(II), and (B)(ii)(II) of paragraph (3) the percentage 
of 100 percent shall apply instead of 60 or 20 percent.’’; 
and 
(3) by adding at the end the following: 
‘‘(h) None of the funds in the account in the National 
Archives Trust Fund that may be expended for the benefit 
and in the interest of a Presidential archival depository 
relating to a former President may be used for the cost 
of digitizing records the former President wishes to de-
posit in and make available through the Presidential archi-
val depository.’’. 
Æ 
VerDate Sep 11 2014 
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