[Congressional Record Volume 160, Number 8 (Tuesday, January 14, 2014)]
[House]
[Pages H202-H207]
PRESIDENTIAL AND FEDERAL RECORDS ACT AMENDMENTS OF 2014
Mr. FARENTHOLD. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1233) to amend chapter 22 of title 44, United States Code,
popularly known as the Presidential Records Act, to establish
procedures for the consideration of claims of constitutionally based
privilege against disclosure of Presidential records, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1233
Be it enacted by the Senate and House of Representatives 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 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-official electronic messaging account.
SEC. 2. PRESIDENTIAL RECORDS.
(a) Procedures for Consideration of Claims of
Constitutionally Based Privilege Against Disclosure.--
(1) Amendment.--Chapter 22 of title 44, United States Code,
is amended by adding at the end the following:
``Sec. 2208. Claims of constitutionally based privilege
against disclosure
``(a)(1) When the Archivist determines under this chapter
to make available to the
[[Page H203]]
public any Presidential record that has not previously been
made available to the public, the Archivist shall--
``(A) promptly provide notice of such determination 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
(excepting Saturdays, Sundays, and legal public holidays)
beginning 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 Archivist 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 extension of that
period under subparagraph (B), would otherwise expire during
the 6-month period after the incumbent President first takes
office, then that 60-day period or extension, 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 segregable
part of a record) must be made personally by a former
President or the incumbent President, as applicable.
``(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 (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
notification 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
segregable part of a record) subject to the claim publicly
available unless--
``(i) the incumbent President withdraws the decision
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 President, 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 subject 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 section
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 applicable
time period under this section as necessary to comply with
the return date of any congressional subpoena, judicial
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 ``chapter''.
(B) Section 2205 of title 44, United States Code, is
amended--
(i) in the matter preceding paragraph (1), by striking
``section 2204'' and inserting ``sections 2204 and 2208 of
this title''; and
(ii) in paragraph (2)(A), by striking ``subpena'' and
inserting ``subpoena''.
(C) Section 2207 of title 44, United States Code, is
amended in the second sentence by inserting ``, except
section 2208,'' after ``chapter''.
(3) Clerical amendment.--The table of sections 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 construed to--
(A) affect the requirement of section 2207 of title 44,
United States Code, that Vice Presidential 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 President with respect to a Vice
Presidential record.
(b) Definitions.--Section 2201 of title 44, United States
Code, is amended--
(1) in paragraph (1)--
(A) by striking ``memorandums'' and inserting
``memoranda'';
(B) by striking ``audio, audiovisual'' and inserting
``audio and visual records''; and
(C) by inserting ``, whether in analog, digital, 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 subsection (g);
(4) by inserting after subsection (e) the following new
subsection:
``(f) During a President's term of office, the Archivist
may maintain and preserve Presidential records on behalf 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 conclusion 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 subsection:
``(f) The Archivist shall not make available any original
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 Business Conducted
Using Non-official Electronic Messaging Account.--
(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:
``Sec. 2209. Disclosure requirement for official business
conducted using non-official electronic messaging accounts
``(a) In General.--An officer or employee of an executive
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 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.
``(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
accordance with subchapter I, II, or V of chapter 75 of title
5, as the case may be.
``(c) Definitions.--In this section:
``(1) Electronic messages.--The term `electronic messages'
means electronic mail and other electronic messaging systems
that are used for purposes of communicating between
individuals.
``(2) Electronic messaging account.--The term `electronic
messaging account' means any account 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 sections 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 ADMINISTRATION.
(a) Acceptance of Records for Historical Preservation.--
Section 2107 of title 44, United States Code, is amended to
read as follows:
[[Page H204]]
``Sec. 2107. Acceptance of records for historical
preservation
``(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 Archives 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 mutually 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 agency, 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 existence 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
institutions or associations; title to the records to remain
vested in the United States unless otherwise authorized by
Congress; and
``(4) transfer materials from private sources authorized to
be received by the Archivist by section 2111 of this title.
``(b) Early Transfer of Records.--The Archivist--
``(1) in consultation with the head of the originating
Federal agency, is authorized to accept a copy of the records
described in subsection (a)(2) that have been in existence
for less than thirty 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
``(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:
``Sec. 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 Government, and other
papers relating to and contemporary 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 defined in
section 3301(a)(2) of this title) from private sources that
are appropriate for preservation by the Government as
evidence of its organization, functions, policies, decisions,
procedures, and transactions.
``(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.''.
(c) Preservation of Audio and Visual Records.--
(1) In general.--Section 2114 of title 44, United States
Code, is amended to read as follows:
``Sec. 2114. Preservation of audio and visual records
``The Archivist may make and preserve audio and visual
records, including motion-picture films, still photographs,
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 activities, and
provide for preparing, editing, titling, scoring, processing,
duplicating, reproducing, exhibiting, and releasing for non-
profit educational purposes, motion-picture films, still
photographs, and sound recordings in the Archivist's
custody.''.
(2) Clerical amendment.--The table of sections 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.
SEC. 4. RECORDS MANAGEMENT BY FEDERAL AGENCIES.
Section 3106 of title 44, United States Code, is amended to
read as follows:
``Sec. 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, defacing,
alteration, corruption, deletion, erasure, or other
destruction 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 another 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 reasonable period of time
after being notified of any such unlawful 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.''.
SEC. 5. DISPOSAL OF RECORDS.
(a) Definition of Records.--Section 3301 of title 44,
United States Code, is amended to read as follows:
``Sec. 3301. Definition of records
``(a) Records Defined.--
``(1) In general.--As used in this chapter, 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--
``(i) library and museum material made or acquired and
preserved solely for reference or exhibition purposes; or
``(ii) duplicate copies of records preserved only for
convenience.
``(2) Recorded information defined.--For purposes of
paragraph (1), the term `recorded information' includes all
traditional forms of records, regardless of physical form or
characteristics, including information created, manipulated,
communicated, or stored in digital or electronic form.
``(b) Determination of Definition.--The Archivist's
determination whether recorded information, regardless of
whether it exists in physical, digital, or electronic form,
is a record as defined in subsection (a) shall be binding on
all Federal agencies.''.
(b) Regulations Covering Lists of Records for Disposal,
Procedure for Disposal, and Standards for Reproduction.--
Section 3302(3) of title 44, United States Code, is amended
by striking ``photographic or microphotographic processes''
and inserting ``photographic, microphotographic, or digital
processes''.
(c) Lists and Schedules of Records To Be Submitted to the
Archivist by Head of Each Government Agency.--Section 3303(1)
of title 44, United States Code, is amended by striking
``photographed or microphotographed'' and inserting
``photographed, microphotographed, 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 Committee on Rules and Administration of
the Senate and the Committee on House Oversight of the House
of Representatives'' and inserting ``the Committee on
Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate''.
(e) Photographs or Microphotographs of Records Considered
as Originals; Certified Reproductions Admissible in
Evidence.--Section 3312 of title 44, United States Code, is
amended--
(1) in the first sentence, by striking ``Photographs or
microphotographs of records'' and inserting ``Photographs,
microphotographs of records, or digitized records''; and
(2) in the second sentence, by striking ``photographs or
microphotographs'' and inserting ``photographs,
microphotographs, or digitized records'', each place it
appears.
SEC. 6. PROCEDURES TO PREVENT UNAUTHORIZED REMOVAL OF
CLASSIFIED RECORDS FROM NATIONAL 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 unauthorized
removal of classified records from the National 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 Archives 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 communication device, or any other
devices capable of photographing, recording, or transferring
images or content.
(4) An individual seeking access to review classified
records, as a precondition to such
[[Page H205]]
access, must consent to a search of their belongings upon
conclusion 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 retained by the National
Archives and Records Administration 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 determined by the Archivist;
and
(B) who is either--
(i) an officer or employee of the United States Government
with appropriate security clearances; or
(ii) any personnel with appropriate security 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.
SEC. 7. REPEAL OF PROVISIONS RELATED TO THE NATIONAL 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 inserting
``the Archivist's'';
(2) in section 2201(2), by striking ``his'' and inserting
``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 inserting ``the President's'';
and
(II) by striking ``those of his Presidential records'' and
inserting ``those Presidential records of such President'';
and
(ii) in paragraph (2), by striking ``he'' and inserting
``the Archivist'';
(D) in subsection (d), by striking ``he'' and inserting
``the Archivist'';
(E) in subsection (e), by striking ``he'' and inserting
``the Archivist''; and
(F) in subsection (g), as so redesignated, by striking
``he'' and inserting ``the Archivist'';
(4) in section 2204--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by striking
``his'' and inserting ``a President's''; and
(ii) in paragraph (5), by striking ``his'' and inserting
``the President's''; and
(B) in subsection (b)--
(i) in paragraph (1)(B), by striking ``his'' and inserting
``the President's''; and
(ii) in paragraph (3)--
(I) by striking ``his''the first place it appears and
inserting ``the Archivist's''; and
(II) by striking ``his designee'' and inserting ``the
Archivist's designee'';
(5) in section 2205--
(A) in paragraph (2)(B), by striking ``his'' and inserting
``the incumbent President's''; and
(B) in paragraph (3), by striking ``his'' and inserting
``the former President's'';
(6) in section 2901(11), by striking ``his'' and inserting
``the Archivist's'';
(7) in section 2904(c)(6), by striking ``his'' and
inserting ``the Archivist's'';
(8) in section 2905(a)--
(A) by striking ``He'' and inserting ``The Archivist''; and
(B) by striking ``his'' and inserting ``the Archivist's'';
(9) in section 3103, by striking ``he'' and inserting ``the
head of such agency'';
(10) in section 3104--
(A) by striking ``his''the first place it appears and
inserting ``such official's''; and
(B) by striking ``him or his'' and inserting ``such
official or such official's'';
(11) in section 3105, by striking ``he'' and inserting
``the head of such agency'';
(12) in section 3302(1), by striking ``him'' and inserting
``the Archivist''; and
(13) in section 3303a--
(A) in subsection (a)--
(i) by striking ``him'' and inserting ``the Archivist'',
each place it appears; and
(ii) by striking ``he'' and inserting ``the Archivist'';
(B) in subsection (c), by striking ``he'' and inserting
``the Archivist'';
(C) in subsection (e), by striking ``his'' and inserting
``the Archivist's''; and
(D) in subsection (f), by striking ``he'' and inserting
``the Archivist''.
SEC. 9. RECORDS MANAGEMENT BY THE ARCHIVIST.
(a) Objectives of Records Management.--Section 2902 of
title 44, United States Code, is amended--
(1) in paragraph (4), by striking ``creation and of records
maintenance and use'' and inserting ``creation, maintenance,
transfer, and use'';
(2) in paragraph (6), by inserting after ``Federal
paperwork'' the following: ``and the transfer of records from
Federal agencies to the National Archives of the United
States in digital or electronic form to the greatest extent
possible''; and
(3) in paragraph (7), by striking ``the Administrator or''.
(b) Records Centers and Centralized Microfilming
Services.--
(1) Amendment.--Section 2907 of title 44, United States
Code, is amended--
(A) in the section heading by inserting ``or digitization''
after ``microfilming''; and
(B) by inserting ``or digitization'' after
``microfilming''.
(2) Conforming amendment.--The table of sections at the
beginning of chapter 29 of title 44, United States Code, is
amended in the item relating to section 2907 by inserting
``or digitization'' after ``microfilming''.
(c) General Responsibilities for Records Management.--
Section 2904 of title 44, United States Code, is amended--
(1) in subsection (b), by striking ``The Administrator''
and inserting ``The Archivist'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``their'' and inserting ``the'';
(ii) by striking ``subsection (a) or (b), respectively''
and inserting ``subsections (a) and (b)'';
(iii) by striking ``and the Administrator''; and
(iv) by striking ``each''; and
(B) in paragraph (8), by striking ``or the Administrator
(as the case may be)''; and
(3) subsection (d) is amended to read as follows:
``(d) The Archivist shall promulgate regulations requiring
all Federal agencies to transfer all digital or electronic
records to the National Archives of the United States in
digital or electronic form to the greatest extent
possible.''.
(d) Inspection of Agency Records.--Section 2906 of title
44, United States Code, is amended--
(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 improvement of records
management practices and programs'' the following: ``and for
determining whether the records of Federal agencies have
sufficient value to warrant continued preservation or lack
sufficient value to justify continued preservation'';
(B) in paragraph (2)--
(i) by striking ``the Administrator and''; and
(ii) by striking the second sentence; and
(C) in paragraph (3)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``the Administrator or''; and
(II) by striking ``designee of either'' and inserting
``Archivist's designee''; and
(ii) in subparagraph (A), by striking ``the Administrator,
the Archivist,'' and inserting ``the Archivist''; and
(2) in subsection (b)--
(A) by striking ``the Administrator and''; and
(B) by striking ``designee of either'' and inserting
``Archivist's designee''.
(e) Reports; Correction of Violations.--Section 2115 of
title 44, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``their respective'' and inserting ``the'';
(B) by striking ``and the Administrator''; and
(C) by striking ``each''; and
(2) in subsection (b)--
(A) by striking ``either'';
(B) by striking ``or the Administrator'', each place it
appears; and
(C) by striking ``inaugurated'' and inserting
``demonstrably commenced''.
(f) Records Management by the Archivist.--.
(1) Amendment.--The heading for chapter 29 of title 44,
United States Code, is amended by striking ``AND BY THE
ADMINISTRATOR OF GENERAL SERVICES''.
(2) Conforming amendment.--The table of chapters at the
beginning of title 44, United States Code, is amended in the
item related to chapter 29 by striking ``and by the
Administrator of General Services''.
(g) Establishment of Program of Management.--Section
3102(2) of title 44, United States Code, is amended by
striking ``the Administrator of General Services and''.
SEC. 10. DISCLOSURE REQUIREMENT FOR OFFICIAL BUSINESS
CONDUCTED USING NON-OFFICIAL ELECTRONIC
MESSAGING ACCOUNT.
(a) Amendment.--Chapter 29 of title 44, United States Code
is amended by adding at the end the following new section:
``Sec. 2911. Disclosure requirement for official business
conducted using non-official electronic messaging accounts
``(a) In General.--An officer or employee of an executive
agency may not create or send 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
[[Page H206]]
of the officer or employee within five days after the
original creation or transmission of the 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
accordance with subchapter I, II, or V of chapter 75 of title
5, as the case may be.
``(c) Definitions.--In this section:
``(1) Electronic messages.--The term `electronic messages'
means electronic mail and other electronic messaging systems
that are used for purposes of communicating between
individuals.
``(2) Electronic messaging account.--The term `electronic
messaging account' means any account that sends electronic
messages.
``(3) Executive agency.--The term `executive agency' has
the meaning given that term in section 105 of title 5.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 29 of title 44, United States Code, is
amended by adding at the end the following new item:
``2911. Disclosure requirement for official business conducted using
non-official electronic messaging accounts''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Farenthold) and the gentleman from Maryland (Mr. Cummings)
each will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. FARENTHOLD. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. FARENTHOLD. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, H.R. 1233 would codify the existing executive order that
requires former Presidents to appeal to incumbent Presidents to keep
certain Presidential documents privileged under the Presidential
Records Act.
This bill would lock into statute a process established by President
Ronald Reagan in 1989, restored by President Obama in 2009, and used
without controversy by four of the last five Presidents.
The bill would ensure greater transparency for the privilege
extension requests by former Presidents and help prevent abuses of the
system.
The bill does not expand the limits of executive privilege, nor would
it give former Presidents custodial rights over their administration's
Presidential records. Let me say that again to make perfectly clear,
Mr. Speaker. The bill does not expand the limits of the executive
privilege, nor does it give former Presidents custodial rights over
their administrations' Presidential records.
What the bill does is shift the focus from the technology used to
capture and store information to the information itself. Historically,
Federal recordkeeping has taken a medium-focused approached to keeping
records. In a world where technological advances rapidly and equipment
and software become obsolete in months instead of years, making
agencies focus their efforts on preserving all information rather than
the information in certain forms ensures a more robust historical
record, and does so without constant legislative updating.
H.R. 1233 would also create a framework to end the all-too-common
practice of executive branch employees using personal email, IM,
instant messages, and similar technologies to engage in official
Federal business. Specifically, the bill requires official business
done on personal accounts be forwarded to an official account within 5
days and authorizes negative personnel actions against individuals who
intentionally violate this disclosure requirement.
The bill also phases out paper-focused relics of the current Federal
recordkeeping law. The bill would change the so-called 30-year
presumption, which lets Federal agencies hold on to their records for a
30-year period before turning them over to the National Archives, a
rule which, in the current environment, all but guarantees the
information will disappear as the technology used to store that
information changes. Imagine delivering punch cards today to the
National Archives. It would be a massive challenge to try to make that
in a readable form today. Betamax tapes, we see technology change and
the need for this to be updated. It would also make it much easier for
agencies to turn over their records to the National Archives sooner.
This bill would also eliminate the so-called print-to-file rule,
which actually encourages agencies to print out their electronic files
and send the paper to the National Archives. Archaic rules like these
actually stand in the way of effective recordkeeping.
I reserve the balance of my time.
Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
First of all, I want to begin by thanking Chairman Issa for
supporting this legislation and for making this a bipartisan effort.
The Presidential and Federal Records Act Amendments is aimed at giving
the American people access to the records Presidents create while they
are in office.
Under the Presidential Records Act, a President has discretion to
restrict access to his records for up to 12 years after he leaves
office. After that time, a President can continue to restrict access to
his records by arguing that the records are protected by executive
privilege.
The Presidential Records Act does not currently include guidelines
for the consideration of Presidential privilege claims. This bill would
amend the law by adding procedures to ensure the timely release of
Presidential records.
Under the bill, current and former Presidents would have up to 90
days to object to release of records or those records would be
released. The Presidential and Federal Records Act also would require
that any assertion of privilege by a former President be affirmed by
the incumbent President or through a court order.
The bill we are considering today also makes clear that the right to
assert the privilege is personal to current and former Presidents, and
that they not be bequeathed to assistants, relatives, or decedents.
Putting this language into statute will ensure that future Presidents
are held to the standard first set by President Reagan.
The chairman of the Oversight Committee, Representative Darrell Issa,
added an amendment during the committee markup of the bill to address
the use of personal email by Federal employees. There is nothing
currently in the Presidential Records Act or the Federal Records Act
that prohibits employees from using personal email accounts to conduct
official business. These acts simply require preservation of these
records. This bill will continue to allow employees to use their
personal email account when necessary, but it would require employees
to copy their official email account or forward their email to their
official account.
This is a good government bill. Similar versions of this bill
overwhelmingly passed the House in two previous Congresses. I urge my
colleagues to support H.R. 1233 so the Senate can take it up quickly
and so that it might be sent on to the President for his signature.
With that, I reserve the balance of my time.
Mr. FARENTHOLD. Mr. Speaker, I stand with Mr. Cummings in supporting
this good government bill that continues to preserve information from
the Federal Government for historians and future generations, adapts to
modern technology and closes the loophole with respect to private email
accounts.
I am a huge supporter, happy we are working together in a bipartisan
manner on these and other good government bills.
I continue to reserve the balance of my time.
Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume
as I close.
Again, I want to thank the gentleman for yielding. I want to thank
our chairman and the members of our committee for making this happen.
Again, there are situations where we find the law needs
clarification. This is one of those clarifying opportunities, and we
have taken advantage of it in a bipartisan way. Again, I would urge all
of our Members to vote in favor of this legislation.
With that, I yield back the balance of my time.
Mr. FARENTHOLD. Mr. Speaker, I join the gentleman from Maryland in
urging my colleagues to support H.R. 1233, and I yield back the
remainder of my time.
[[Page H207]]
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Farenthold) that the House suspend the rules
and pass the bill, H.R. 1233, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. FARENTHOLD. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________
[Congressional Record Volume 160, Number 8 (Tuesday, January 14, 2014)]
[House]
[Pages H207-H208]
PRESIDENTIAL AND FEDERAL RECORDS ACT AMENDMENTS OF 2014
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill (H.R. 1233) to amend
chapter 22 of title 44, United States Code, popularly known as the
Presidential Records Act, to establish procedures for the consideration
of claims of constitutionally based privilege against disclosure of
Presidential records, and for other purposes, as amended, on which the
yeas and nays were ordered.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Farenthold) that the House suspend the rules
and pass the bill, as amended.
This will be a 5-minute vote.
[[Page H208]]
The vote was taken by electronic device, and there were--yeas 420,
nays 0, not voting 12, as follows:
[Roll No. 18]
YEAS--420
Aderholt
Amash
Amodei
Andrews
Bachmann
Bachus
Barber
Barletta
Barr
Barrow (GA)
Barton
Bass
Beatty
Becerra
Benishek
Bentivolio
Bera (CA)
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Black
Blackburn
Blumenauer
Bonamici
Boustany
Brady (PA)
Brady (TX)
Braley (IA)
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Brown (FL)
Brownley (CA)
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Camp
Campbell
Cantor
Capito
Capps
Capuano
Cardenas
Carney
Carson (IN)
Carter
Cartwright
Cassidy
Castor (FL)
Castro (TX)
Chabot
Chaffetz
Chu
Cicilline
Clark (MA)
Clarke (NY)
Clay
Clyburn
Coble
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Cotton
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Cummings
Daines
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Doyle
Duckworth
Duffy
Duncan (SC)
Duncan (TN)
Edwards
Ellison
Ellmers
Engel
Enyart
Eshoo
Esty
Farenthold
Farr
Fattah
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gallego
Garamendi
Garcia
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Griffin (AR)
Griffith (VA)
Grijalva
Grimm
Guthrie
Gutierrez
Hahn
Hall
Hanabusa
Hanna
Harper
Harris
Hartzler
Hastings (FL)
Hastings (WA)
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Higgins
Himes
Hinojosa
Holding
Holt
Honda
Horsford
Hoyer
Hudson
Huelskamp
Huffman
Huizenga (MI)
Hultgren
Hunter
Hurt
Israel
Issa
Jackson Lee
Jeffries
Jenkins
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jordan
Joyce
Kaptur
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Kuster
Labrador
LaMalfa
Lamborn
Lance
Langevin
Lankford
Larsen (WA)
Larson (CT)
Latham
Latta
Lee (CA)
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Marchant
Marino
Massie
Matheson
Matsui
McAllister
McCarthy (CA)
McCaul
McClintock
McCollum
McDermott
McGovern
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
McNerney
Meadows
Meehan
Meeks
Meng
Messer
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, Gary
Miller, George
Moore
Moran
Mullin
Mulvaney
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Negrete McLeod
Neugebauer
Noem
Nolan
Nugent
Nunes
Nunnelee
O'Rourke
Olson
Owens
Palazzo
Pallone
Pascrell
Pastor (AZ)
Paulsen
Pearce
Pelosi
Perlmutter
Perry
Peters (CA)
Peters (MI)
Peterson
Petri
Pingree (ME)
Pittenger
Pitts
Pocan
Poe (TX)
Polis
Pompeo
Posey
Price (GA)
Price (NC)
Quigley
Radel
Rahall
Rangel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Roybal-Allard
Royce
Ruiz
Runyan
Ryan (OH)
Ryan (WI)
Salmon
Sanchez, Linda T.
Sanchez, Loretta
Sanford
Sarbanes
Scalise
Schakowsky
Schiff
Schneider
Schock
Schrader
Schwartz
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sinema
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Southerland
Speier
Stewart
Stivers
Stutzman
Swalwell (CA)
Takano
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tierney
Tipton
Titus
Tonko
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walorski
Walz
Wasserman Schultz
Waters
Waxman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (FL)
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IN)
NOT VOTING--12
Buchanan
Cleaver
Culberson
Gabbard
Jones
Kingston
McCarthy (NY)
Payne
Ruppersberger
Rush
Sires
Stockman
{time} 1735
Mr. SANFORD changed his vote from ``nay'' to ``yea.''
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
