I 118th CONGRESS 1st Session H. R. 1791 IN THE HOUSE OF REPRESENTATIVES March 24, 2023 Mr. Quigley (for himself and Mr. LaHood ) introduced the following bill; which was referred to the Committee on Oversight and Accountability , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 18, United States Code, to provide civil penalties for unauthorized removal and retention of classified documents or material, to amend chapter 22 of title 44, to include a certification process for Presidential records, and for other purposes.

1. Short title This Act may be cited as the Classified Documents Accountability Act . 2. Civil penalties for unauthorized removal and retention of classified documents or material Section 1924 of title 18, United States Code, is amended by adding at the end the following: (d) The Attorney General may bring a civil action in the appropriate United States district court against any person who violates this section and, upon proof of such violation by a preponderance of the evidence, such person shall be subject to pay a civil penalty in an amount not to exceed $500,000 for each such violation. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. . 3. Certification requirement (a) Amendment Chapter 22 of title 44, United States Code, is amended by adding at the end the following new section: 2210. Certification of Presidential records (a) Requirement for Archives representative There shall be an officer or employee from the National Archives and Records Administration present in the Executive Office of the President and the Office of the Vice President to ensure proper logging and handling of Presidential records and Vice-Presidential records, as applicable. (b) Certification process (1) Screening by Archives Any record of the President and Vice President shall be screened for classified material by the National Archives and Records Administration during the Presidential transition and shall be retained by the National Archives and Records Administration. (2) Certification required Not later than the first day of a term of office of an incoming Presidential administration, the outgoing President and the Vice President, or a designee of the President and the Vice President, shall certify to the Archivist and the Attorney General whether outgoing President and Vice President have retained any classified records. This paragraph does not apply to a second consecutive term of a President. (c) Penalties for noncompliance Beginning on such first day and ending on the date the certification under subsection (b)(2) is so submitted, an outgoing President or Vice President, or a designee of the outgoing President or Vice President, who fails to submit the certification shall be subject to the following, as determined by the Archivist: (1) No Federal funds may be obligated or expended for office space, staff, or the travel of such outgoing President or Vice President, including any funds authorized under the Former Presidents Act of 1958 ( Public Law 85–745 ). (2) A reduction of up to 50 percent in the monthly payment of any pension payment dispersed to such outgoing President or Vice President under such Act or chapter 83 or 84 of title 5 (as the case may be). (d) Definitions In this section: (1) Federal agency The term Federal agency has the meaning given that term in section 2901. (2) Presidential transition The term Presidential transition means the period of time that begins on the day on which the Administrator of General Services declares an apparent winner of the Presidential election and ends on the day on which the winner of the Presidential election is inaugurated as President. (3) Records The term records — (A) includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them; and (B) does not include library and museum material made or acquired and preserved solely for reference or exhibition purposes. . (b) Technical and conforming amendment The table of sections for chapter 22 of title 44, United States Code, is amended by adding at the end the following new item: 2210. Certification of presidential records. . 4. Clarification Nothing in this Act, or any amendment made by this Act, shall be construed to effect or otherwise alter any whistleblower protections afforded individuals under title 5, United States Code, or any other provision of law.