Presidential and Federal Records Act Amendments of 2014

Bill: 113-hr-1233
Sponsor: Rep. Cummings, Elijah E. [D-MD-7]
Introduced: 2013-03-18 in the House
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Administrative remedies
Advisory bodies
Digital media
Federal officials
Government information and archives
Government studies and investigations
Intelligence activities, surveillance, classified information
National Archives and Records Administration
Presidential administrations

Summary:
action_date: 2013-03-18
text: 
Presidential and Federal Records Act Amendments of 2013 - Amends the Presidential Records Act to require the Archivist of the United States, upon determining to make available any presidential record not previously made available publicly, to: (1) promptly provide notice of such determination to the former President during whose term of office the record was created, to the incumbent President, and to the public; and (2) make such record to available to the public within 60 days, except any record with respect to which the Archivist receives notification from a former or incumbent President of a claim of constitutionally-based privilege against disclosure. Prohibits the Archivist from making a record that is subject to such a claim publicly available unless: (1) the incumbent President withdraws a decision upholding the claim, or (2) the Archivist is otherwise directed to do so by a final court order that is not subject to appeal.
 
Prohibits the Archivist from making available any original presidential records to anyone claiming access to them as a designated representative of a President or former President if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of the records of the Archives.
 
Revises provisions relating to the acceptance of records for historical preservation by the Archivist, including revising the definition of &quot;records&quot; to include all recorded information, regardless of form or characteristics.
 
Requires the Archivist to prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration (NARA) or the destruction or damage of such records.
 
Repeals provisions authorizing the National Study Commission on Records and Documents of Federal Officials.
 
Transfers certain authorities relating to records management from the Administrator of the General Services Administration (GSA) to the Archivist.

action_date: 2013-06-25
text: 
Presidential and Federal Records Act Amendments of 2013 - (Sec. 2) Amends the Presidential Records Act to require the Archivist of the United States, upon determining to make publicly available any presidential record not previously made available, to: (1) promptly provide written notice of such determination to the former President during whose term of office the record was created, to the incumbent President, and to the public; and (2) make such record available to the public within 60 days, except any record with respect to which the Archivist receives notification from a former or incumbent President of a claim of constitutionally-based privilege against disclosure. Prohibits the Archivist from making a record that is subject to such a claim publicly available unless: (1) the incumbent President withdraws a decision upholding the claim, or (2) the Archivist is otherwise directed to do so by a final court order that is not subject to appeal.
 
Prohibits the Archivist from making available any original presidential records to anyone claiming access to them as a designated representative of a President or former President if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of the records of the Archives.
 
Prohibits an officer or employee of an executive agency from creating or sending a presidential record using a non-official electronic messaging account unless such officer or employee: (1) copies an official electronic messaging account of the officer or employee in the original creation 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.
 
(Sec. 3) Provides that the transfer to the Archivist of records by a federal agency that have historical significance shall take place as soon as practicable but not later than 30 years after the creation or receipt of such records by an agency. Expands the authority of the Archivist with respect to the creation and preservation of audio and visual records. 
 
(Sec. 5) Revises the definition of &quot;records&quot; for purposes of this Act to include all recorded information, regardless of form or characteristics. Makes the Archivist's determination of whether recorded information is a record binding on all federal agencies. 
 
(Sec. 6) Directs the Archivist to prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration (NARA) or the destruction or damage of such records, including when such records are accessed electronically. Requires such procedures to: (1) prohibit any person, other than personnel with appropriate security clearances (covered personnel), from viewing classified records in any room that is not secure, except in the presence of NARA personnel or under video surveillance, from being left alone with classified records unless under video surveillance, or from conducting any review of classified records while in the possession of any personal communication device; (2) require all persons seeking access to classified records to consent to a search of their belongings upon conclusion of their records review; and (3) require all writings prepared by persons, other than covered personnel, during the course of a review of classified records to be retained by NARA in a secure facility until such writings are determined to be unclassified, are declassified, or are securely transferred to another secure facility.
 
(Sec. 7) Repeals provisions authorizing the National Study Commission on Records and Documents of Federal Officials.
 
(Sec. 9) Transfers responsibility for records management from the Administrator of the General Services Administration (GSA) to the Archivist. Requires the transfer of records from federal agencies to the National Archives in digital or electronic form to the greatest extent possible. 
 
(Sec. 10) Prohibits an officer or employee of an executive agency from creating or sending a record using a non-official electronic messaging account unless such officer or employee: (1) copies an official electronic messaging account of the officer or employee in the original creation or transmission of the record, or (2) forwards a complete copy of the record to an official electronic messaging account of the officer or employee within five days after the original creation or transmission of the record. Provides for disciplinary action against an agency officer or employee for an intentional violation of such prohibition.

action_date: 2014-01-14
text: 
Presidential and Federal Records Act Amendments of 2014 - (Sec. 2) Amends the Presidential Records Act to require the Archivist of the United States, upon determining to make publicly available any presidential record not previously made available, to: (1) promptly provide written notice of such determination to the former President during whose term of office the record was created, to the incumbent President, and to the public; and (2) make such record available to the public within 60 days, except any record with respect to which the Archivist receives notification from a former or incumbent President of a claim of constitutionally-based privilege against disclosure. Prohibits the Archivist from making a record that is subject to such a claim publicly available unless: (1) the incumbent President withdraws a decision upholding the claim, or (2) the Archivist is otherwise directed to do so by a final court order that is not subject to appeal.
 
Prohibits the Archivist from making available any original presidential records to anyone claiming access to them as a designated representative of a President or former President if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of the records of the Archives.
 
Prohibits an officer or employee of an executive agency from creating or sending a presidential record using a non-official electronic messaging account unless such officer or employee: (1) copies an official electronic messaging account of the officer or employee in the original creation 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.
 
(Sec. 3) Provides that the transfer to the Archivist of records by a federal agency that have historical significance shall take place as soon as practicable but not later than 30 years after the creation or receipt of such records by an agency. Expands the authority of the Archivist with respect to the creation and preservation of audio and visual records. 
 
(Sec. 5) Revises the definition of &quot;records&quot; for purposes of this Act to include all recorded information, regardless of form or characteristics. Makes the Archivist's determination of whether recorded information is a record binding on all federal agencies. 
 
(Sec. 6) Directs the Archivist to prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration (NARA) or the destruction or damage of such records, including when such records are accessed electronically. Requires such procedures to: (1) prohibit any person, other than personnel with appropriate security clearances (covered personnel), from viewing classified records in any room that is not secure, except in the presence of NARA personnel or under video surveillance, from being left alone with classified records unless under video surveillance, or from conducting any review of classified records while in the possession of any personal communication device; (2) require all persons seeking access to classified records to consent to a search of their belongings upon conclusion of their records review; and (3) require all writings prepared by persons, other than covered personnel, during the course of a review of classified records to be retained by NARA in a secure facility until such writings are determined to be unclassified, are declassified, or are securely transferred to another secure facility.
 
(Sec. 7) Repeals provisions authorizing the National Study Commission on Records and Documents of Federal Officials.
 
(Sec. 9) Transfers responsibility for records management from the Administrator of the General Services Administration (GSA) to the Archivist. Requires the transfer of records from federal agencies to the National Archives in digital or electronic form to the greatest extent possible. 
 
(Sec. 10) Prohibits an officer or employee of an executive agency from creating or sending a record using a non-official electronic messaging account unless such officer or employee: (1) copies an official electronic messaging account of the officer or employee in the original creation or transmission of the record, or (2) forwards a complete copy of the record to an official electronic messaging account of the officer or employee within five days after the original creation or transmission of the record. Provides for disciplinary action against an agency officer or employee for an intentional violation of such prohibition.

action_date: 2014-07-23
text: 
Presidential and Federal Records Act Amendments of 2014 - (Sec. 2) Amends the Presidential Records Act to require the Archivist of the United States, upon determining to make publicly available any presidential record not previously made available, to: (1) promptly provide written notice of such determination to the former President during whose term of office the record was created, to the incumbent President, and to the public; and (2) make such record available to the public within 60 days, except any record with respect to which the Archivist receives notification from a former or incumbent President of a claim of constitutionally-based privilege against disclosure. Prohibits the Archivist from making a record that is subject to such a claim publicly available unless: (1) the incumbent President withdraws a decision upholding the claim, or (2) the Archivist is otherwise directed to do so by a final court order that is not subject to appeal.
 
Prohibits the Archivist from making available any original presidential records to anyone claiming access to them as a designated representative of a President or former President if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of the records of the Archives.
 
Prohibits the President, the Vice President, or a covered employee (i.e., the immediate staff of the President and Vice President or office advising and assisting the President or Vice President) from creating or sending a presidential or vice presidential record using a non-official electronic messaging account unless the President, Vice President, or covered employee: (1) copies an official electronic messaging account of the President, Vice President, or covered employee in the original creation or transmission of the presidential or vice presidential record; or (2) forwards a complete copy of the presidential record to an official electronic messaging account of the President, Vice President, or covered employee not later than 20 days after the original creation or transmission of the presidential or vice presidential record.
 
(Sec. 3) Provides that the transfer to the Archivist of records by a federal agency that have historical significance shall take place as soon as practicable but not later than 30 years after the creation or receipt of such records by an agency. Expands the authority of the Archivist with respect to the creation and preservation of audio and visual records. 
 
(Sec. 5) Revises the definition of "records" for purposes of this Act to include all recorded information, regardless of form or characteristics. Makes the Archivist's determination of whether recorded information is a record binding on all federal agencies. 
 
(Sec. 6) Directs the Archivist to prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration (NARA) or the destruction or damage of such records, including when such records are accessed electronically. Requires such procedures to: (1) prohibit any person, other than personnel with appropriate security clearances (covered personnel), from viewing classified records in any room that is not secure, except in the presence of NARA personnel or under video surveillance, from being left alone with classified records unless under video surveillance, or from conducting any review of classified records while in the possession of any personal communication device; (2) require all persons seeking access to classified records to consent to a search of their belongings upon conclusion of their records review; and (3) require all writings prepared by persons, other than covered personnel, during the course of a review of classified records to be retained by NARA in a secure facility until such writings are determined to be unclassified, are declassified, or are securely transferred to another secure facility.
 
(Sec. 7) Repeals provisions authorizing the National Study Commission on Records and Documents of Federal Officials.
 
(Sec. 9) Transfers responsibility for records management from the Administrator of the General Services Administration (GSA) to the Archivist. Requires the transfer of records from federal agencies to the National Archives in digital or electronic form to the greatest extent possible. 
 
(Sec. 10) Prohibits an officer or employee of an executive agency from creating or sending a record using a non-official electronic messaging account unless such officer or employee: (1) copies an official electronic messaging account of the officer or employee in the original creation or transmission of the record, or (2) forwards a complete copy of the record to an official electronic messaging account of the officer or employee not later than 20 days after the original creation or transmission of the record. Provides for disciplinary action against an agency officer or employee for an intentional violation of such prohibition.

action_date: 2014-09-10
text: 

(This measure has not been amended since it was reported to the Senate on July 23, 2014. The summary of that version is repeated here.)

 
Presidential and Federal Records Act Amendments of 2014 - (Sec. 2) Amends the Presidential Records Act to require the Archivist of the United States, upon determining to make publicly available any presidential record not previously made available, to: (1) promptly provide written notice of such determination to the former President during whose term of office the record was created, to the incumbent President, and to the public; and (2) make such record available to the public within 60 days, except any record with respect to which the Archivist receives notification from a former or incumbent President of a claim of constitutionally-based privilege against disclosure. Prohibits the Archivist from making a record that is subject to such a claim publicly available unless: (1) the incumbent President withdraws a decision upholding the claim, or (2) the Archivist is otherwise directed to do so by a final court order that is not subject to appeal.
 
Prohibits the Archivist from making available any original presidential records to anyone claiming access to them as a designated representative of a President or former President if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of the records of the Archives.
 
Prohibits the President, the Vice President, or a covered employee (i.e., the immediate staff of the President and Vice President or office advising and assisting the President or Vice President) from creating or sending a presidential or vice presidential record using a non-official electronic messaging account unless the President, Vice President, or covered employee: (1) copies an official electronic messaging account of the President, Vice President, or covered employee in the original creation or transmission of the presidential or vice presidential record; or (2) forwards a complete copy of the presidential record to an official electronic messaging account of the President, Vice President, or covered employee not later than 20 days after the original creation or transmission of the presidential or vice presidential record.
 
(Sec. 3) Provides that the transfer to the Archivist of records by a federal agency that have historical significance shall take place as soon as practicable but not later than 30 years after the creation or receipt of such records by an agency. Expands the authority of the Archivist with respect to the creation and preservation of audio and visual records. 
 
(Sec. 5) Revises the definition of "records" for purposes of this Act to include all recorded information, regardless of form or characteristics. Makes the Archivist's determination of whether recorded information is a record binding on all federal agencies. 
 
(Sec. 6) Directs the Archivist to prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration (NARA) or the destruction or damage of such records, including when such records are accessed electronically. Requires such procedures to: (1) prohibit any person, other than personnel with appropriate security clearances (covered personnel), from viewing classified records in any room that is not secure, except in the presence of NARA personnel or under video surveillance, from being left alone with classified records unless under video surveillance, or from conducting any review of classified records while in the possession of any personal communication device; (2) require all persons seeking access to classified records to consent to a search of their belongings upon conclusion of their records review; and (3) require all writings prepared by persons, other than covered personnel, during the course of a review of classified records to be retained by NARA in a secure facility until such writings are determined to be unclassified, are declassified, or are securely transferred to another secure facility.
 
(Sec. 7) Repeals provisions authorizing the National Study Commission on Records and Documents of Federal Officials.
 
(Sec. 9) Transfers responsibility for records management from the Administrator of the General Services Administration (GSA) to the Archivist. Requires the transfer of records from federal agencies to the National Archives in digital or electronic form to the greatest extent possible. 
 
(Sec. 10) Prohibits an officer or employee of an executive agency from creating or sending a record using a non-official electronic messaging account unless such officer or employee: (1) copies an official electronic messaging account of the officer or employee in the original creation or transmission of the record, or (2) forwards a complete copy of the record to an official electronic messaging account of the officer or employee not later than 20 days after the original creation or transmission of the record. Provides for disciplinary action against an agency officer or employee for an intentional violation of such prohibition.

action_date: 2014-11-26
text: 

(This measure has not been amended since it was reported to the Senate on July 23, 2014. The summary of that version is repeated here.)

 
Presidential and Federal Records Act Amendments of 2014 - (Sec. 2) Amends the Presidential Records Act to require the Archivist of the United States, upon determining to make publicly available any presidential record not previously made available, to: (1) promptly provide written notice of such determination to the former President during whose term of office the record was created, to the incumbent President, and to the public; and (2) make such record available to the public within 60 days, except any record with respect to which the Archivist receives notification from a former or incumbent President of a claim of constitutionally-based privilege against disclosure. Prohibits the Archivist from making a record that is subject to such a claim publicly available unless: (1) the incumbent President withdraws a decision upholding the claim, or (2) the Archivist is otherwise directed to do so by a final court order that is not subject to appeal.
 
Prohibits the Archivist from making available any original presidential records to anyone claiming access to them as a designated representative of a President or former President if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of the records of the Archives.
 
Prohibits the President, the Vice President, or a covered employee (i.e., the immediate staff of the President and Vice President or office advising and assisting the President or Vice President) from creating or sending a presidential or vice presidential record using a non-official electronic messaging account unless the President, Vice President, or covered employee: (1) copies an official electronic messaging account of the President, Vice President, or covered employee in the original creation or transmission of the presidential or vice presidential record; or (2) forwards a complete copy of the presidential record to an official electronic messaging account of the President, Vice President, or covered employee not later than 20 days after the original creation or transmission of the presidential or vice presidential record.
 
(Sec. 3) Provides that the transfer to the Archivist of records by a federal agency that have historical significance shall take place as soon as practicable but not later than 30 years after the creation or receipt of such records by an agency. Expands the authority of the Archivist with respect to the creation and preservation of audio and visual records. 
 
(Sec. 5) Revises the definition of "records" for purposes of this Act to include all recorded information, regardless of form or characteristics. Makes the Archivist's determination of whether recorded information is a record binding on all federal agencies. 
 
(Sec. 6) Directs the Archivist to prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration (NARA) or the destruction or damage of such records, including when such records are accessed electronically. Requires such procedures to: (1) prohibit any person, other than personnel with appropriate security clearances (covered personnel), from viewing classified records in any room that is not secure, except in the presence of NARA personnel or under video surveillance, from being left alone with classified records unless under video surveillance, or from conducting any review of classified records while in the possession of any personal communication device; (2) require all persons seeking access to classified records to consent to a search of their belongings upon conclusion of their records review; and (3) require all writings prepared by persons, other than covered personnel, during the course of a review of classified records to be retained by NARA in a secure facility until such writings are determined to be unclassified, are declassified, or are securely transferred to another secure facility.
 
(Sec. 7) Repeals provisions authorizing the National Study Commission on Records and Documents of Federal Officials.
 
(Sec. 9) Transfers responsibility for records management from the Administrator of the General Services Administration (GSA) to the Archivist. Requires the transfer of records from federal agencies to the National Archives in digital or electronic form to the greatest extent possible. 
 
(Sec. 10) Prohibits an officer or employee of an executive agency from creating or sending a record using a non-official electronic messaging account unless such officer or employee: (1) copies an official electronic messaging account of the officer or employee in the original creation or transmission of the record, or (2) forwards a complete copy of the record to an official electronic messaging account of the officer or employee not later than 20 days after the original creation or transmission of the record. Provides for disciplinary action against an agency officer or employee for an intentional violation of such prohibition.


Legislative actions:
action_date: 2014-11-26
text: Became Public Law No: 113-187.
action_date: 2014-11-26
text: Became Public Law No: 113-187.
action_date: 2014-11-26
text: Signed by President.
action_date: 2014-11-26
text: Signed by President.
action_date: 2014-11-17
text: Presented to President.
action_date: 2014-11-17
text: Presented to President.
action_date: 2014-11-12
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2014-11-12
text: On motion that the House suspend the rules and agree to the Senate amendments Agreed to by voice vote. (text as House agreed to Senate amendments: CR H7910)
action_date: 2014-11-12
text: Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendments Agreed to by voice vote.(text as House agreed to Senate amendments: CR H7910)
action_date: 2014-11-12
text: DEBATE - The House proceeded with forty minutes of debate on the Senate amendments to H.R. 1233.
action_date: 2014-11-12
text: Mr. Issa moved that the House suspend the rules and agree to the Senate amendments. (consideration: CR H7910-7911)
action_date: 2014-09-11
text: Message on Senate action sent to the House.
action_date: 2014-09-10
text: Passed Senate with amendments by Unanimous Consent. (consideration: CR S5514-5518; text as passed Senate: CR S5514-5518)
action_date: 2014-09-10
text: Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.(consideration: CR S5514-5518; text as passed Senate: CR S5514-5518)
action_date: 2014-07-23
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 487.
action_date: 2014-07-23
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Carper with amendments. With written report No. 113-218.
action_date: 2014-07-23
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Carper with amendments. With written report No. 113-218.
action_date: 2014-05-21
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment favorably.
action_date: 2014-01-15
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2014-01-14
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 420 - 0 (Roll no. 18). (text: CR H202-206)
action_date: 2014-01-14
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 420 - 0 (Roll no. 18).(text: CR H202-206)
action_date: 2014-01-14
text: Considered as unfinished business. (consideration: CR H207-208)
action_date: 2014-01-14
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2014-01-14
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 1233.
action_date: 2014-01-14
text: Considered under suspension of the rules. (consideration: CR H202-207)
action_date: 2014-01-14
text: Mr. Farenthold moved to suspend the rules and pass the bill, as amended.
action_date: 2013-06-25
text: Placed on the Union Calendar, Calendar No. 92.
action_date: 2013-06-25
text: Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 113-127.
action_date: 2013-06-25
text: Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 113-127.
action_date: 2013-03-20
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2013-03-20
text: Committee Consideration and Mark-up Session Held.
action_date: 2013-03-18
text: Referred to the House Committee on Oversight and Government Reform.
action_date: 2013-03-18
text: Introduced in House
action_date: 2013-03-18
text: Introduced in House

Enacted as: number: 113-187