H. Rept. 113-127 - 113th Congress (2013-2014)

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House Report 113-127 - PRESIDENTIAL AND FEDERAL RECORDS ACT AMENDMENTS OF 2013

[House Report 113-127]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-127

======================================================================



 
        PRESIDENTIAL AND FEDERAL RECORDS ACT AMENDMENTS OF 2013

                                _______
                                

 June 25, 2013.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Issa, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1233]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Oversight and Government Reform, to whom was 
referred 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, having considered 
the same, report favorably thereon with amendments and 
recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     4
Section-by-Section...............................................     5
Explanation of Amendments........................................     8
Committee Consideration..........................................     8
Application of Law to the Legislative Branch.....................     8
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     8
Statement of General Performance Goals and Objectives............     8
Duplication of Federal Programs..................................     8
Disclosure of Directed Rule Makings..............................     8
Federal Advisory Committee Act...................................     9
Unfunded Mandate Statement.......................................     9
Earmark Identification...........................................     9
Committee Estimate...............................................     9
Budget Authority and Congressional Budget Office Cost Estimate...     9
Changes in Existing Law Made by the Bill as Reported.............    10

    The amendments (stated in terms of the page and line 
numbers of the introduced bill) are as follows:

  Page 9, after line 16, insert the following:
  (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.''.

  Page 11, beginning on line 12, strike ``for deposit'' and 
insert ``a copy of''.

  Page 17, line 8, strike ``and'' the first place it appears 
and insert ``or''.

  Page 21, line 20, insert ``the first place it appears'' 
before ``and''.

  Page 22, line 17, insert ``the first place it appears'' 
before ``and''.

  Page 24, strike lines 1 through 7, and insert the following:
  (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''.

  Page 25, line 9, strike ``2906(a)(1)'' and insert ``2906''.

  Page 27, strike lines 14 through 16 and insert the following:

          (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''.

  At the end of the bill, insert the following (and amend the 
table of contents accordingly):

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 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.''.

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    H.R. 1233, the Presidential and Federal Records Act 
Amendments of 2013, was introduced on March 18, 2013, by 
Representative Elijah E. Cummings (D-MD). This legislation 
makes a number of modernizing reforms to federal recordkeeping 
procedures and requirements. As amended, H.R. 1233 would codify 
an executive order to fill an executive privilege related gap 
in the Presidential Records Act (PRA) while also streamlining 
outdated statutory recordkeeping language and making additional 
changes to improve the federal government's ability to capture 
and archive electronic records.

                  BACKGROUND AND NEED FOR LEGISLATION

    Congress first addressed federal recordkeeping in the 
1930s, when the combination of growing public concern over poor 
agency recordkeeping practices and an expanding federal 
bureaucracy necessitated recordkeeping solutions for a larger 
volume of records. In 1934, Congress established the National 
Archives and the position of Archivist of the United States 
(Archivist) as the primary, central agent of records 
preservation for the federal government.\1\ In 1950, Congress 
followed up the establishment of the National Archives with the 
Federal Records Act (FRA), which established basic records 
management authority for federal agencies and set basic records 
management standards, including standards for disposal of 
records. The intent was that agencies would manage their own 
records internally, while the National Archives would filter 
and preserve those records that were transferred to the 
National Archives for posterity.
---------------------------------------------------------------------------
    \1\See generally National Archives Act, 48 Stat. 1122 (1934).
---------------------------------------------------------------------------
    In 1955, Congress addressed presidential recordkeeping in 
its own right with the Presidential Libraries Act,\2\ which 
adopted the presidential library model, first conceptualized in 
1938, for the permanent maintenance of the records of former 
presidents. In 1978, in the wake of Watergate, Congress passed 
the PRA, which was intended to be a comprehensive answer to the 
general issue of presidential records preservation and 
maintenance.
---------------------------------------------------------------------------
    \2\See generally P.L. 84-695 (1955).
---------------------------------------------------------------------------
    The PRA defined what did and did not qualify as a 
presidential record,\3\ clarified the ownership of presidential 
records,\4\ detailed guidelines for the management and custody 
of presidential records,\5\ established procedures for 
restricting access to Presidential records under certain 
circumstances,\6\ and granted the Archivist, who heads NARA, 
the ability to promulgate regulations enforcing the PRA.\7\
---------------------------------------------------------------------------
    \3\See id. at Sec. 2201.
    \4\See id. at Sec. 2202.
    \5\See id. at Sec. 2203.
    \6\See id. at Sec. 2204 and Sec. 2205.
    \7\See id. at Sec. 2206. The PRA also provides that the same rules 
governing the collection, storage, and preservation of presidential 
records govern the collection, storage, and preservation of vice 
presidential records. See id. at Sec. 2207.
---------------------------------------------------------------------------
    The PRA did not, however, provide a procedure allowing 
former presidents to request continued restricted access to 
presidential records created during their respective 
administrations. To fill this gap, several presidents since the 
passage of the PRA have issued executive orders to formalize a 
request procedure and define the limits of such requests.\8\ To 
definitively address this issue, H.R. 1233 would create a 
framework that would enable former presidents to request 
continued restricted access on a very narrow basis, effectively 
in accord with the Reagan and Obama Administration frameworks.
---------------------------------------------------------------------------
    \8\In 1989, President Reagan--who was the first president to be 
subject to the PRA--issued Executive Order 12667 to establish such a 
procedure. In 2001, President George W. Bush issued Executive Order 
13233, which dramatically increased the scope of former presidents' 
abilities to request and receive continued restricted access to their 
presidential records. In 2009, President Obama issued Executive Order 
13489, which rescinded President Bush's expansive executive order and 
effectively restored President Reagan's request framework. See 
generally Exec. Order No. 13489, 74 Fed. Reg. 4669 (Jan. 26, 2009).
---------------------------------------------------------------------------
    In other areas, both the PRA and the FRA have become 
increasingly antiquated, particularly in regard to electronic 
information. Despite the rapid migration over the last several 
decades toward electronic communication and recordkeeping, 
federal recordkeeping laws are still focused on the media in 
which a record is preserved, not the information that 
constitutes the record itself. To correct this flaw, this 
legislation will shift the onus of recordkeeping onto the 
record and not the media it is contained in as a way to better 
enable NARA, and other agencies, to handle growing amounts of 
electronic communication. Additionally, the bill helps address 
a number of potential records security issues by further 
restricting access to presidential records for those convicted 
of an Archives-related crime and by explicitly codifying 
requirements for federal employees to file electronic 
communications regarding official business done through 
personal messaging accounts with their agency. Finally, the 
legislation makes changes that streamline and modernize title 
44, such as repealing defunct provisions and striking 
unnecessary statutory references to the General Services 
Administration.

                          LEGISLATIVE HISTORY

    H.R. 1233, the Presidential and Federal Records Act 
Amendments of 2013, was introduced on March 18, 2013, and 
referred to the House Committee on Oversight and Government 
Reform. In the 112th Congress, the provisions contained within 
the introduced version of H.R. 1233 were included in H.R. 3071, 
as amended and ordered reported by voice vote by the Oversight 
Committee.
    At a business meeting on March 20, 2013, the Committee 
considered H.R. 1233 and ordered the bill to be reported by 
voice vote.

                           Section-by-Section


Section 1. Short title; Table of contents

    Section 1 establishes the bill's short title as the 
``Presidential and Federal Records Act Amendments of 2013'' and 
provides the legislation's table of contents.

Section 2. Presidential records

    Subsection (a) creates 44 U.S.C. Sec. 2208 which 
establishes a clear appeals procedure by which a former 
president can request that an incumbent president maintain the 
privileged status of records of that former president that have 
yet to be released to the public by the Archivist.
    Subsection (b) makes technical corrections to modernize a 
number of definitions contained in 44 U.S.C. Sec. 2201.
    Subsection (c) modifies 44 U.S.C. Sec. 2203 to give 
presidential administrations the option to, in effect, allow 
pre-accession of physical and electronic records.
    Subsection (d) amends 44 U.S.C. Sec. 2204 to bar designated 
presidential representatives who have previously been convicted 
of a National Archives record-related crime from access to NARA 
facilities or records.
    Subsection (e) creates 44 U.S.C. Sec. 2209 which requires 
federal employees who create or send a Presidential record from 
a non-official electronic messaging account to forward a 
complete copy of the record to an official electronic messaging 
account within five days. In cases of intentional violation of 
this disclosure requirement, the section authorizes 
disciplinary action as determined by the appropriate 
supervisor, in accordance with subchapter I, II, or V of 
chapter 75 of title 5, U.S. Code.

Section 3. National Archives and Records Administration

    Subsection (a) amends 44 U.S.C. Sec. 2107 to outline the 
federal agency option of ``pre-accessioning,'' or the transfer 
of agency documents to NARA for processing and release in 
advance of the statutorily required date for doing so.
    Subsection (b) amends 44 U.S.C. Sec. 2111 to shift NARA's 
duty to receive ``recorded information'' generally, rather than 
to receive any specific media containing information.
    Subsection (c) amends provisions in 44 U.S.C. Sec. 2114 to 
modernize terminology addressing the audio and visual records 
that NARA is likely to receive for deposit.
    Subsection (d) amends 44 U.S.C. Sec. 2116 to include 
digital reproductions among the categories of reproductions 
that federal agencies may keep when they are statutorily 
required to maintain copies of documents indefinitely.

Section 4. Records management by Federal agencies

    Section 4 amends 44 U.S.C. Sec. 3016 to expand the types of 
destruction that can be carried out to destroy federal records. 
The changes are intended to list damage actions that are 
specific to electronic records, such as ``corruption,'' 
deletion,'' and ``erasure,'' that may not be covered under the 
current statutory language.

Section 5. Disposal of records

    Subsection (a) amends 44 U.S.C. 3301 to adjust the federal 
definition of ``records'' to shift the emphasis to the 
information being stored in a given record, rather than any 
specific media used to store information and gives NARA the 
authority to define the term ``record'' as it applies to 
federal agencies, which, in effect, gives NARA the ability to 
issue binding regulations governing agencies' record 
preservation, maintenance, and transfer requirements.
    Subsections (b), (c), (e) amend 44 U.S.C. Sec. 3302(3), 
Sec. 3303(1), and Sec. 3312, respectively, to add digitization 
language to provisions dealing with the scheduled disposal and 
evidentiary validity of federal records.
    Subsection (d) amends 44 U.S.C. Sec. 3303a(c) to update the 
language regarding the respective House and Senate 
congressional committees of jurisdiction.

Section 6. Procedures to prevent unauthorized removal of classified 
        records from National Archives

    This section creates new statutory rules governing access 
to NARA facilities and NARA records. It is intended to ensure 
against the theft of or damage to classified records under 
NARA's control and limit regular access to appropriate NARA 
officials and employees.

Section 7. Repeal of provisions related to the National Study 
        Commission on Records and Documents of Federal Officials

    Section 7 repeals provisions of Chapter 33 of title 44 
governing the now-defunct National Study Commission on Records 
and Documents of Federal Officials.

Section 8. Pronoun amendments

    Section 8 removes pronouns throughout title 44 and replaces 
them with gender-neutral references to the Archivist, former 
President, incumbent President, or other official, as 
appropriate.

Section 9. Records management by the Archivist

    Subsection (a) amends 44 U.S.C. Sec. 2902 to require NARA 
promote and pursue electronic recordkeeping and receipt of 
electronic records from federal agencies.
    Subsection (b) amends 44 U.S.C. Sec. 2907 to provide the 
Archivist with the authority to establish and use records 
centers with the capability of digitizing records in the same 
way that NARA would capture records on microfilm or other 
photographic processes.
    Subsection (c) amends 44 U.S.C. Sec. 2904 to delete 
vestigial language regarding the General Services 
Administration (GSA) and its Administrator.
    Subsection (d) amends 44 U.S.C. Sec. 2906 to clarify NARA's 
ability to inspect federal agencies' records for the purpose of 
ensuring their historical value.
    Subsections (e), (f), and (g) amend 44 U.S.C. Sec. 2115, 
the heading for chapter 29, of title 44, U.S.C., and 44 U.S.C. 
Sec. 3102(2), respectively, to delete additional vestigial 
references to GSA and its Administrator.

Section 10. Disclosure requirement for official business conducted 
        using non-official electronic messaging account

    Section 10 creates 44 U.S.C. Sec. 2911 which requires 
federal employees who create or send a federal record from a 
non-official electronic messaging account to forward a complete 
copy of the record to an official electronic messaging account 
within five days. In cases of intentional violation of this 
disclosure requirement, the section authorizes disciplinary 
action as determined by the appropriate supervisor, in 
accordance with subchapter I, II, or V of chapter 75 of title 
5, U.S. Code.

                       Explanation of Amendments

    The provisions of the legislation as ordered reported are 
explained in this report.

                        Committee Consideration

    On March 20, 2013, the Committee met in open session and 
ordered reported favorably the bill, H.R. 1233, as amended, by 
voice vote, a quorum being present.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill codifies an executive order to fill an executive 
privilege related gap in the Presidential Records Act while 
also streamlining outdated statutory recordkeeping language and 
making additional changes to improve the federal government's 
ability to capture and archive electronic records. As such this 
bill does not relate to employment or access to public services 
and accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report.

                    Duplication of Federal Programs

    No provision of H.R. 1233 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    H.R. 1233 requires the Archivist to promulgate regulations 
requiring all Federal agencies to transfer all digital or 
electronic records to the National Archives in digital or 
electronic form to the greatest extent possible.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported include unfunded 
mandates. In compliance with this requirement the Committee has 
received a letter from the Congressional Budget Office included 
herein.

                         Earmark Identification

    H.R. 1233 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 1233. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 1233 from the Director of 
Congressional Budget Office:

                                                      May 20, 2013.
Hon. Darrell Issa,
Chairman, Committee on Oversight and Government Reform, House of 
        Representatives, Washington, DC,
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1233, the 
Presidential and Federal Records Act Amendments of 2013.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 1233--Presidential and Federal Records Act Amendments of 2013

    H.R. 1233 would amend federal law regarding the 
preservation, storage, and management of federal records. The 
legislation would amend the Presidential Records Act to 
establish a process for reviewing Presidential records. The 
bill also would update archival laws to accommodate the 
government's use of electronic and digital communications. 
Finally, H.R. 1233 would require the National Archives and 
Records Administration (NARA) to prevent unauthorized access or 
removal of government records.
    According to NARA, most provisions in the bill would codify 
and expand current practices. Executive Orders and Presidential 
memoranda have directed NARA and agencies to better manage 
government records. Consequently, CBO estimates that 
implementing H.R. 1233 would have no significant cost over the 
next five years. The bill could affect direct spending by 
agencies not funded through annual appropriations; therefore, 
pay-as-you-go procedures apply. CBO estimates, however, that 
any net increase in spending by those agencies would not be 
significant. Enacting H.R. 1233 would not affect revenues.
    H.R. 1233 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                      TITLE 44, UNITED STATES CODE


                TITLE 44--PUBLIC PRINTING AND DOCUMENTS

Chap.                                                               Sec.
      Joint Committee on Printing....................................101
     * * * * * * *
      Records Management by the Archivist of the United States [and by .
        the Administrator of General Services]......................2901
     * * * * * * *

        CHAPTER 21--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION


Sec.
2101. Definitions.
     * * * * * * *
[2114. Preservation of motion-picture films, still pictures, and sound 
          recordings.]
2114. Preservation of audio and visual records.

           *       *       *       *       *       *       *


[Sec. 2107. Acceptance of records for historical preservation

  [When it appears to the Archivist to be in the public 
interest, he 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 of the United States 
        to have sufficient historical or other value to warrant 
        their continued preservation by the United States 
        Government;
          [(2) direct and effect the transfer to the National 
        Archives of the United States of records of a Federal 
        agency that have been in existence for more than thirty 
        years and determined by the Archivist of the United 
        States to have sufficient historical or other value to 
        warrant their continued preservation by the United 
        States Government, unless the head of the agency which 
        has custody of them certified in writing to the 
        Archivist that they must be retained in his custody for 
        use in the conduct of the regular current business of 
        the agency;
          [(3) direct and effect, with the approval of the head 
        of the originating agency, or if the existence of the 
        agency has been terminated, then with the approval of 
        his 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.]

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.

           *       *       *       *       *       *       *


[Sec. 2111. Material accepted for deposit

  [When the Archivist considers it to be in the public interest 
he 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) documents, including motion-picture films, still 
        pictures, and sound recordings, from private sources 
        that are appropriate for preservation by the Government 
        as evidence of its organization, functions, policies, 
        decisions, procedures, and transactions.
This section shall not apply in the case of any Presidential 
records which are subject to the provisions of chapter 22 of 
this title.]

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.

           *       *       *       *       *       *       *


[Sec. 2114. Preservation of motion-picture films, still pictures, and 
                    sound recordings

  [The Archivist may make and preserve motion-picture films, 
still pictures, and sound recordings 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 pictures, and 
sound recordings in his custody.]

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.

Sec. 2115. Reports; correction of violations

  (a) In carrying out [their respective] the duties and 
responsibilities under chapters 21, 25, 29, 31, and 33 of this 
title, the Archivist [and the Administrator] may [each] obtain 
reports from any Federal agency on such agency's activities 
under such chapters.
  (b) When [either] the Archivist [or the Administrator] finds 
that a provision of any such chapter has been or is being 
violated, the Archivist [or the Administrator] shall (1) inform 
in writing the head of the agency concerned of the violation 
and make recommendations for its correction; and (2) unless 
satisfactory corrective measures are [inaugurated] demonstrably 
commenced within a reasonable time, submit a written report of 
the matter to the President and the Congress.

Sec. 2116. Legal status of reproductions; official seal; fees for 
                    copies and reproductions

  (a) When records that are required by statute to be retained 
indefinitely have been reproduced by photographic, 
microphotographic, digital, or other processes, in accordance 
with standards established by the Archivist the indefinite 
retention by the photographic, microphotographic, digital, or 
other reproductions constitutes compliance with the statutory 
requirement for the indefinite retention of the original 
records. The reproductions, as well as reproductions made under 
regulations to carry out chapter 21, 29, 31, and 33 of this 
title, shall have the same legal status as the originals.

           *       *       *       *       *       *       *

  (c) The Archivist may charge a fee set to recover the costs 
for making or authenticating copies or reproductions of 
materials transferred to [his] the Archivist's custody. Such 
fee shall be fixed by the Archivist at a level which will 
recover, so far as practicable, all elements of such costs, and 
may, in the Archivist's discretion, include increments for the 
estimated replacement cost of equipment. Such fees shall be 
paid into, administered, and expended as a part of the National 
Archives Trust Fund. The Archivist may not charge for making or 
authenticating copies or reproductions of materials for 
official use by the United States Government unless 
appropriations available to the Archivist for this purpose are 
insufficient to cover the cost of performing the work.

           *       *       *       *       *       *       *


                    CHAPTER 22--PRESIDENTIAL RECORDS


Sec.
2201. Definitions.
     * * * * * * *
2208. Claims of constitutionally based privilege against disclosure.
2209. Disclosure requirement for official business conducted using non-
          official electronic messaging accounts.

Sec. 2201. Definitions

  As used in this chapter--
          (1) The term ``documentary material'' means all 
        books, correspondence, [memorandums] memoranda, 
        documents, papers, pamphlets, works of art, models, 
        pictures, photographs, plats, maps, films, and motion 
        pictures, including, but not limited to, [audio, 
        audiovisual] audio and visual records, or other 
        electronic or mechanical recordations, whether in 
        analog, digital, or any other form.
          (2) The term ``Presidential records'' means 
        documentary materials, or any reasonably segregable 
        portion thereof, created or received by the President, 
        [his] the President's immediate staff, or a unit or 
        individual of the Executive Office of the President 
        whose function is to [advise and assist] advise or 
        assist the President, in the course of conducting 
        activities which relate to or have an effect upon the 
        carrying out of the constitutional, statutory, or other 
        official or ceremonial duties of the President. Such 
        term--
                  (A) includes any documentary materials 
                relating to the political activities of the 
                President or members of [his] the President's 
                staff, but only if such activities relate to or 
                have a direct effect upon the carrying out of 
                constitutional, statutory, or other official or 
                ceremonial duties of the President; but

           *       *       *       *       *       *       *


Sec. 2203. Management and custody of Presidential records

  (a) Through the implementation of records management controls 
and other necessary actions, the President shall take all such 
steps as may be necessary to assure that the activities, 
deliberations, decisions, and policies that reflect the 
performance of [his] the President's constitutional, statutory, 
or other official or ceremonial duties are adequately 
documented and that such records are [maintained] preserved and 
maintained as Presidential records pursuant to the requirements 
of this section and other provisions of law.
  (b) Documentary materials produced or received by the 
President, [his] the President's staff, or units or individuals 
in the Executive Office of the President the function of which 
is to [advise and assist] advise or assist the President, 
shall, to the extent practicable, be categorized as 
Presidential records or personal records upon their creation or 
receipt and be filed separately.
  (c) During [his] the President's term of office, the 
President may dispose of [those of his Presidential records] 
those Presidential records of such President that no longer 
have administrative, historical, informational, or evidentiary 
value if--
          (1) * * *
          (2) the Archivist states that [he] the Archivist does 
        not intend to take any action under subsection (e) of 
        this section.
  (d) In the event the Archivist notifies the President under 
subsection (c) that [he] the Archivist does intend to take 
action under subsection (e), the President may dispose of such 
Presidential records if copies of the disposal schedule are 
submitted to the appropriate Congressional Committees at least 
60 calendar days of continuous session of Congress in advance 
of the proposed disposal date. For the purpose of this section, 
continuity of session is broken only by an adjournment of 
Congress sine die, and the days on which either House is not in 
session because of an adjournment of more than three days to a 
day certain are excluded in the computation of the days in 
which Congress is in continuous session.
  (e) The Archivist shall request the advice of the Committee 
on Rules and Administration and the Committee on Governmental 
Affairs of the Senate and the Committee on House Oversight and 
the Committee on Government Operations of the House of 
Representatives with respect to any proposed disposal of 
Presidential records whenever [he] the Archivist considers 
that--
          (1) * * *

           *       *       *       *       *       *       *

  (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.
  [(f)] (g)(1) Upon the conclusion of a President's term of 
office, or if a President serves consecutive terms upon the 
conclusion of the last term, the Archivist of the United States 
shall assume responsibility for the custody, control, and 
preservation of, and access to, the Presidential records of 
that President. The Archivist shall have an affirmative duty to 
make such records available to the public as rapidly and 
completely as possible consistent with the provisions of this 
[Act] chapter.

           *       *       *       *       *       *       *

  (3) The Archivist is authorized to dispose of such 
Presidential records which [he] the Archivist has appraised and 
determined to have insufficient administrative, historical, 
informational, or evidentiary value to warrant their continued 
preservation. Notice of such disposal shall be published in the 
Federal Register at least 60 days in advance of the proposed 
disposal date. Publication of such notice shall constitute a 
final agency action for purposes of review under chapter 7 of 
title 5, United States Code.

Sec. 2204. Restrictions on access to Presidential records

  (a) Prior to the conclusion of [his] a President's term of 
office or last consecutive term of office, as the case may be, 
the President shall specify durations, not to exceed 12 years, 
for which access shall be restricted with respect to 
information, in a Presidential record, within one or more of 
the following categories:
          (1) * * *

           *       *       *       *       *       *       *

          (5) confidential communications requesting or 
        submitting advice, between the President and [his] the 
        President's advisers, or between such advisers; or

           *       *       *       *       *       *       *

  (b)(1) Any Presidential record or reasonably segregable 
portion thereof containing information within a category 
restricted by the President under subsection (a) shall be so 
designated by the Archivist and access thereto shall be 
restricted until the earlier of--
          (A) * * *
          (B) upon a determination by the Archivist that such 
        record or reasonably segregable portion thereof, or of 
        any significant element or aspect of the information 
        contained in such record or reasonably segregable 
        portion thereof, has been placed in the public domain 
        through publication by the former President, or [his] 
        the President's agents.

           *       *       *       *       *       *       *

  (3) During the period of restricted access specified pursuant 
to subsection (b)(1), the determination whether access to a 
Presidential record or reasonably segregable portion thereof 
shall be restricted shall be made by the Archivist, in [his] 
the Archivist's discretion, after consultation with the former 
President, and, during such period, such determinations shall 
not be subject to judicial review, except as provided in 
subsection (e) of this section. The Archivist shall establish 
procedures whereby any person denied access to a Presidential 
record because such record is restricted pursuant to a 
determination made under this paragraph, may file an 
administrative appeal of such determination. Such procedures 
shall provide for a written determination by the Archivist or 
[his designee] the Archivist's designee, within 30 working days 
after receipt of such an appeal, setting forth the basis for 
such determination.

           *       *       *       *       *       *       *

  (d) Upon the death or disability of a President or former 
President, any discretion or authority the President or former 
President may have had under this chapter, except section 2208, 
shall be exercised by the Archivist unless otherwise previously 
provided by the President or former President in a written 
notice to the Archivist.

           *       *       *       *       *       *       *

  (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.

Sec. 2205. Exceptions to restricted access

  Notwithstanding any restrictions on access imposed pursuant 
to [section 2204] sections 2204 and 2208 of this title--
          (1) * * *
          (2) subject to any rights, defenses, or privileges 
        which the United States or any agency or person may 
        invoke, Presidential records shall be made available--
                  (A) pursuant to [subpena] subpoena or other 
                judicial process issued by a court of competent 
                jurisdiction for the purposes of any civil or 
                criminal investigation or proceeding;
                  (B) to an incumbent President if such records 
                contain information that is needed for the 
                conduct of current business of [his] the 
                incumbent President's office and that is not 
                otherwise available; and

           *       *       *       *       *       *       *

          (3) the Presidential records of a former President 
        shall be available to such former President or [his] 
        the former President's designated representative.

           *       *       *       *       *       *       *


Sec. 2207. Vice-Presidential records

  Vice-Presidential records shall be subject to the provisions 
of this chapter in the same manner as Presidential records. The 
duties and responsibilities of the Vice President, with respect 
to Vice-Presidential records, shall be the same as the duties 
and responsibilities of the President under this chapter, 
except section 2208, with respect to Presidential records. The 
authority of the Archivist with respect to Vice-Presidential 
records shall be the same as the authority of the Archivist 
under this chapter with respect to Presidential records, except 
that the Archivist may, when the Archivist determines that it 
is in the public interest, enter into an agreement for the 
deposit of Vice-Presidential records in a non-Federal archival 
depository. Nothing in this chapter shall be construed to 
authorize the establishment of separate archival depositories 
for such Vice-Presidential records.

Sec. 2208. Claims of constitutionally based privilege against 
                    disclosure

  (a)(1) When the Archivist determines under this chapter to 
make available to the public any Presidential 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.

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.

 CHAPTER 29--RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED STATES 
             [AND BY THE ADMINISTRATOR OF GENERAL SERVICES]


Sec.
2901. Definitions.
     * * * * * * *
2907. Records centers and centralized microfilming or digitization 
          services.
     * * * * * * *
2911. Disclosure requirement for official business conducted using non-
          official electronic messaging accounts.

Sec. 2901. Definitions

  As used in this chapter, and chapters 21, 25, 31, and 33 of 
this title--
          (1) * * *

           *       *       *       *       *       *       *

          (11) the term ``National Archives of the United 
        States'' means those official records which have been 
        determined by the Archivist of the United States to 
        have sufficient historical or other value to warrant 
        their continued preservation by the Federal Government, 
        and which have been accepted by the Archivist for 
        deposit in [his] the Archivist's custody;

           *       *       *       *       *       *       *


Sec. 2902. Objectives of records management

  It is the purpose of this chapter, and chapters 21, 31, and 
33 of this title, to require the establishment of standards and 
procedures to assure efficient and effective records 
management. Such records management standards and procedures 
shall seek to implement the following goals:
          (1) * * *

           *       *       *       *       *       *       *

          (4) Simplification of the activities, systems, and 
        processes of records [creation and of records 
        maintenance and use] creation, maintenance, transfer, 
        and use.

           *       *       *       *       *       *       *

          (6) Direction of continuing attention on records from 
        their initial creation to their final disposition, with 
        particular emphasis on the prevention of unnecessary 
        Federal paperwork 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.
          (7) Establishment and maintenance of such other 
        systems or techniques as [the Administrator or] the 
        Archivist considers necessary to carry out the purposes 
        of this chapter, and chapters 21, 31, and 33 of this 
        title.

           *       *       *       *       *       *       *


Sec. 2904. General responsibilities for records management

  (a) * * *
  (b) [The Administrator] The Archivist shall provide guidance 
and assistance to Federal agencies to ensure economical and 
effective records management by such agencies.
  (c) In carrying out [their] the responsibilities under 
[subsection (a) or (b), respectively] subsections (a) and (b), 
the Archivist [and the Administrator] shall [each] have the 
responsibility--
          (1) * * *

           *       *       *       *       *       *       *

          (6) to conduct records management studies and, in 
        [his] the Archivist's discretion, designate the heads 
        of executive agencies to conduct records management 
        studies with respect to establishing systems and 
        techniques designed to save time and effort in records 
        management;

           *       *       *       *       *       *       *

          (8) to report to the appropriate oversight and 
        appropriations committees of the Congress and to the 
        Director of the Office of Management and Budget in 
        January of each year and at such other times as the 
        Archivist [or the Administrator (as the case may be)] 
        deems desirable--
                  (A) * * *

           *       *       *       *       *       *       *

  [(d) In addition, the Administrator, in carrying out 
subsection (b), shall have the responsibility to promote 
economy and efficiency in the selection and utilization of 
space, staff, equipment, and supplies for records management.]
  (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.

Sec. 2905. Establishment of standards for selective retention of 
                    records; security measures

  (a) The Archivist shall establish standards for the selective 
retention of records of continuing value, and assist Federal 
agencies in applying the standards to records in their custody. 
[He] The Archivist shall notify the head of a Federal agency of 
any actual, impending, or threatened unlawful removal, 
defacing, alteration, or destruction of records in the custody 
of the agency that shall come to [his] the Archivist's 
attention, and assist the head of the agency in initiating 
action through the Attorney General for the recovery of records 
unlawfully removed and for other redress provided by law. In 
any case in which the head of the 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, 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. 2906. Inspection of agency records

  (a)(1) In carrying out [their respective] the duties and 
responsibilities under this chapter, [the Administrator of 
General Services and] the Archivist (or the [designee of 
either] the Archivist's designee) may inspect the records or 
the records management practices and programs of any Federal 
agency [solely] for the purpose of rendering recommendations 
for the improvement of records management practices and 
programs and for determining whether the records of Federal 
agencies have sufficient value to warrant continued 
preservation or lack sufficient value to justify continued 
preservation. Officers and employees of such agencies shall 
cooperate fully in such inspections, subject to the provisions 
of paragraphs (2) and (3) of this subsection.
  (2) Records, the use of which is restricted by law or for 
reasons of national security or the public interest, shall be 
inspected, in accordance with regulations promulgated by [the 
Administrator and] the Archivist, subject to the approval of 
the head of the agency concerned or of the President. [The 
regulations promulgated by the Administrator and the Archivist 
under this paragraph shall, to the extent practicable, be 
identical.]
  (3) If [the Administrator or] the Archivist (or the [designee 
of either] Archivist's designee) inspects a record, as provided 
in this subsection, which is contained in a system of records 
which is subject to section 552a of title 5, such record shall 
be--
          (A) maintained by [the Administrator, the Archivist,] 
        the Archivist or such designee as a record contained in 
        a system of records; or

           *       *       *       *       *       *       *

  (b) In conducting the inspection of agency records provided 
for in subsection (a) of this section, [the Administrator and] 
the Archivist (or the [designee of either] Archivist's 
designee) shall, in addition to complying with the provisions 
of law cited in subsection (a)(3), comply with all other 
Federal laws and be subject to the sanctions provided therein.

Sec. 2907. Records centers and centralized microfilming or digitization 
                    services

  The Archivist may establish, maintain, and operate records 
centers and centralized microfilming or digitization services 
for Federal agencies.

           *       *       *       *       *       *       *


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 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.

CHAPTER 31--RECORDS MANAGEMENT BY FEDERAL AGENCIES

           *       *       *       *       *       *       *



Sec. 3102. Establishment of program of management

  The head of each Federal agency shall establish and maintain 
an active, continuing program for the economical and efficient 
management of the records of the agency. The program, among 
other things, shall provide for
          (1) * * *
          (2) cooperation with [the Administrator of General 
        Services and] the Archivist in applying standards, 
        procedures, and techniques designed to improve the 
        management of records, promote the maintenance and 
        security of records deemed appropriate for 
        preservation, and facilitate the segregation and 
        disposal of records of temporary value; and

           *       *       *       *       *       *       *


Sec. 3103. Transfer of records to records centers

  When the head of a Federal agency determines that such action 
may affect substantial economies or increased operating 
efficiency, [he] the head of such agency  shall provide for the 
transfer of records to a records center maintained and operated 
by the Archivist, or, when approved by the Archivist, to a 
center maintained and operated by the head of the Federal 
agency.

Sec. 3104. Certifications and determinations on transferred records

  An official of the Government who is authorized to certify to 
facts on the basis of records in [his] such official's custody, 
may certify to facts on the basis of records that have been 
transferred by [him or his] such official or such official's 
predecessors to the Archivist, and may authorize the Archivist 
to certify to facts and to make administrative determinations 
on the basis of records transferred to the Archivist, 
notwithstanding any other law.

Sec. 3105. Safeguards

  The head of each Federal agency shall establish safeguards 
against the removal or loss of records [he] the head of such 
agency determines to be necessary and required by regulations 
of the Archivist. Safeguards shall include making it known to 
officials and employees of the agency--
          (1) * * *

           *       *       *       *       *       *       *


[Sec. 3106. Unlawful removal, destruction of records

  [The head of each Federal agency shall notify the Archivist 
of any actual, impending, or threatened unlawful removal, 
defacing, alteration, or destruction of records in the custody 
of the agency of which he is the head that shall come to his 
attention, and with the assistance of the Archivist shall 
initiate action through the Attorney General for the recovery 
of records he knows or has reason to believe have been 
unlawfully removed from his agency, or from another Federal 
agency whose records have been transferred to his legal 
custody. In any case in which the head of the 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, 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. 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.

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                    CHAPTER 33--DISPOSAL OF RECORDS


Sec.
3301. Definition of records.
     * * * * * * *
[3315. Definitions.
[3316. Establishment of Commission.
[3317. Duties of Commission.
[3318. Membership.
[3319. Director and staff; experts and consultants.
[3320. Powers of Commission.
[3321. Support services.
[3322. Report.
[3323. Termination.
[3324. Authorization of appropriations.]

[Sec. 3301. Definition of records

  [As used in this chapter, ``records'' includes all books, 
papers, maps, photographs, machine readable materials, or other 
documentary materials, regardless of physical form or 
characteristics, made or received by an agency of the United 
States Government 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 Government 
or because of the informational value of data in them. Library 
and museum material made or acquired and preserved solely for 
reference or exhibition purposes, extra copies of documents 
preserved only for convenience of reference, and stocks of 
publications and of processed documents are not included.]

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.

Sec. 3302. Regulations covering lists of records for disposal, 
                    procedure for disposal, and standards for 
                    reproduction

  The Archivist shall promulgate regulations, not inconsistent 
with this chapter, establishing--
          (1) procedures for the compiling and submitting to 
        [him] the Archivist of lists and schedules of records 
        proposed for disposal,

           *       *       *       *       *       *       *

          (3) standards for the reproduction of records by 
        [photographic or microphotographic processes] 
        photographic, microphotographic, or digital processes 
        with a view to the disposal of the original records.

Sec. 3303. Lists and schedules of records to be submitted to the 
                    Archivist by head of each Government agency

  The head of each agency of the United States Government shall 
submit to the Archivist, under regulations promulgated as 
provided by section 3302 of this title--
          (1) lists of any records in the custody of the agency 
        that have been [photographed or microphotographed] 
        photographed, microphotographed, or digitized under the 
        regulations and that, as a consequence, do not appear 
        to have sufficient value to warrant their further 
        preservation by the Government;

           *       *       *       *       *       *       *


Sec. 3303a. Examination by Archivist of lists and schedules of records 
                    lacking preservation value; disposal of records

  (a) The Archivist shall examine the lists and schedules 
submitted to [him] the Archivist under section 3303 of this 
title. If the Archivist determines that any of the records 
listed in a list or schedule submitted to [him] the Archivist 
do not, or will not after the lapse of the period specified, 
have sufficient administrative, legal, research, or other value 
to warrant their continued preservation by the Government, [he] 
the Archivist may, after publication of notice in the Federal 
Register and an opportunity for interested persons to submit 
comment thereon--
          (1) * * *

           *       *       *       *       *       *       *

  (c) The Archivist may request advice and counsel from [the 
Committee on Rules and Administration of the Senate and the 
Committee on House Oversight of the House of Representatives] 
the Committee on Oversight and Government Reform of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate with respect to the disposal 
of any particular records under this chapter whenever [he] the 
Archivist considers that--
          (1) * * *

           *       *       *       *       *       *       *

  (e) The Archivist may approve and effect the disposal of 
records that are in [his] the Archivist's legal custody, 
provided that records that had been in the custody of another 
existing agency may not be disposed of without the written 
consent of the head of the agency.
  (f) The Archivist shall make an annual report to the Congress 
concerning the disposal of records under this chapter, 
including general descriptions of the types of records disposed 
of and such other information as [he] the Archivist considers 
appropriate to keep the Congress fully informed regarding the 
disposal of records under this chapter.

           *       *       *       *       *       *       *


Sec. 3312. Photographs or microphotographs of records considered as 
                    originals; certified reproductions admissible in 
                    evidence

  [Photographs or microphotographs of records] Photographs, 
microphotographs of records, or digitized records made in 
compliance with regulations under section 3302 of this title 
shall have the same effect as the originals and shall be 
treated as originals for the purpose of their admissibility in 
evidence. Certified or authenticated reproductions of the 
[photographs or microphotographs] photographs, 
microphotographs, or digitized records shall be admitted in 
evidence equally with the original [photographs or 
microphotographs] photographs, microphotographs, or digitized 
records.

           *       *       *       *       *       *       *


[Sec. 3315. Definitions

  [For purposes of this section and section 3316 through 
section 3324 of this title--
          [(1) the term ``Federal official'' means any 
        individual holding the office of President or Vice 
        President of the United States, or Senator or 
        Representative in, or Delegate or Resident Commissioner 
        to, the Congress of the United States, or any officer 
        of the executive, judicial, or legislative branch of 
        the Federal Government;
          [(2) the term ``Commission'' means the National Study 
        Commission on Records and Documents of Federal 
        Officials; and
          [(3) the term ``records and documents'' shall include 
        handwritten and typewritten documents, motion pictures, 
        television tapes and recordings, magnetic tapes, 
        automated data processing documentation in various 
        forms, and other records that reveal the history of the 
        Nation.

[Sec. 3316. Establishment of Commission

  [There is established a commission to be known as the 
National Study Commission on Records and Documents of Federal 
Officials.

[Sec. 3317. Duties of Commission

  [It shall be the duty of the Commission to study problems and 
questions with respect to the control, disposition, and 
preservation of records and documents produced by or on behalf 
of Federal officials, with a view toward the development of 
appropriate legislative recommendations and other 
recommendations regarding appropriate rules and procedures with 
respect to such control, disposition, and preservation. Such 
study shall include consideration of--
          [(1) whether the historical practice regarding the 
        records and documents produced by or on behalf of 
        Presidents of the United States should be rejected or 
        accepted and whether such practice should be made 
        applicable with respect to all Federal officials;
          [(2) the relationship of the findings of the 
        Commission to the provisions of chapter 19 of this 
        title, section 2101 through section 2108 of this title, 
        and other Federal laws relating to the control, 
        disposition, and preservation of records and documents 
        of Federal officials;
          [(3) whether the findings of the Commission should 
        affect the control, disposition, and preservation of 
        records and documents of agencies within the Executive 
        Office of the President created for short-term purposes 
        by the President;
          [(4) the recordkeeping procedures of the White House 
        Office, with a view toward establishing means to 
        determine which records and documents are produced by 
        or on behalf of the President;
          [(5) the nature of rules and procedures which should 
        apply to the control, disposition, and preservation of 
        records and documents produced by Presidential task 
        forces, commissions, and boards;
          [(6) criteria which may be used generally in 
        determining the scope of materials which should be 
        considered to be the records and documents of Members 
        of the Congress;
          [(7) the privacy interests of individuals whose 
        communications with Federal officials, and with task 
        forces, commissions, and boards, are a part of the 
        records and documents produced by such officials, task 
        forces, commissions, and boards; and
          [(8) any other problems, questions, or issues which 
        the Commission considers relevant to carrying out its 
        duties under section 3315 through section 3324 of this 
        title.

[Sec. 3318. Membership

  [(a)(1) The Commission shall be composed of seventeen members 
as follows:
          [(A) one Member of the House of Representatives 
        appointed by the Speaker of the House upon 
        recommendation made by the majority leader of the 
        House;
          [(B) one Member of the House of Representatives 
        appointed by the Speaker of the House upon 
        recommendation made by the minority leader of the 
        House;
          [(C) one Member of the Senate appointed by the 
        President pro tempore of the Senate upon recommendation 
        made by the majority leader of the Senate;
          [(D) one Member of the Senate appointed by the 
        President pro tempore of the Senate upon recommendation 
        made by the minority leader of the Senate;
          [(E) one member of the Federal judiciary appointed by 
        the Chief Justice of the United States;
          [(F) one person employed by the Executive Office of 
        the President or the White House Office, appointed by 
        the President;
          [(G) three appointed by the President, by and with 
        the advice and consent of the Senate, from persons who 
        are not officers or employees of any government and who 
        are specially qualified to serve on the Commission by 
        virtue of their education, training, or experience;
          [(H) one representative of the Department of State, 
        appointed by the Secretary of State;
          [(I) one representative of the Department of Defense, 
        appointed by the Secretary of Defense;
          [(J) one representative of the Department of Justice, 
        appointed by the Attorney General;
          [(K) the Administrator of General Services (or his 
        delegate);
          [(L) the Librarian of Congress;
          [(M) one member of the American Historical 
        Association, appointed by the counsel of such 
        Association;
          [(N) one member of the Society of American 
        Archivists, appointed by such Society; and
          [(O) one member of the Organization of American 
        Historians, appointed by such Organization.
  [(2) No more than two members appointed under paragraph 
(1)(G) may be of the same political party.
  [(b) A vacancy in the Commission shall be filled in the 
manner in which the original appointment was made.
  [(c) If any member of the Commission who was appointed to the 
Commission as a Member of the Congress leave such office, or if 
any member of the Commission who was appointed from persons who 
are not officers or employees of any government becomes an 
officer or employee of a government, he may continue as a 
member of the Commission for no longer than the sixty-day 
period beginning on the date he leaves such office or becomes 
such an officer or employee, as the case may be.
  [(d) Members shall be appointed for the life of the 
Commission.
  [(e)(1) Members of the Commission shall serve without pay.
  [(2) While away from their homes or regular places of 
business in the performance of services for the Commission, 
members of the Commission shall be allowed travel expenses in 
the same manner as persons employed intermittently in the 
service of the Federal Government are allowed expenses under 
section 5703 of title 5, United States Code, except that per 
diem in lieu of subsistence shall be paid only to those members 
of the Commission who are not full-time officers or employees 
of the United States or Members of the Congress.
  [(f) The Chairman of the Commission shall be designated by 
the President from among members appointed under subsection 
(a)(1)(G).
  [(g) The Commission shall meet at the call of the Chairman or 
a majority of its members.

[Sec. 3319. Director and staff; experts and consultants

  [(a) The Commission shall appoint a Director who shall be 
paid at a rate not to exceed the rate of basic pay in effect 
for level V of the Executive Schedule (5 U.S.C. 5316).
  [(b) The Commission may appoint and fix the pay of such 
additional personnel as it deems necessary.
  [(c)(1) The Commission may procure temporary and intermittent 
services to the same extent as is authorized by section 3109(b) 
of title 5, United States Code, but at rates for individuals 
not to exceed the daily equivalent of the annual rate of basic 
pay in effect for grade GS-15 of the General Schedule (5 U.S.C. 
5332).
  [(2) In procuring services under this subsection, the 
Commission shall seek to obtain the advice and assistance of 
constitutional scholars and members of the historical, 
archival, and journalistic professions.
  [(d) Upon request of the Commission, the head of any Federal 
agency is authorized to detail, on a reimbursable basis, any of 
the personnel of such agency to the Commission to assist it in 
carrying out its duties under sections 3315 through 3324 of 
this title.

[Sec. 3320. Powers of Commission

  [(a) The Commission may, for the purpose of carrying out its 
duties under sections 3315 through 3324 of this title, hold 
such hearings, sit and act at such times and places, take such 
testimony, and receive such evidence, as the Commission may 
deem desirable.
  [(b) When so authorized by the Commission, any member or 
agent of the Commission may take any action which the 
Commission is authorized to take by this section.
  [(c) The Commission may secure directly from any department 
or agency of the United States information necessary to enable 
the Commission to carry out its duties under section 3315 
through section 3324 of this title. Upon request of the 
Chairman of the Commission, the head of such department or 
agency shall furnish such information to the Commission.

[Sec. 3321. Support services

  [(a) The Administrator of General Services shall provide to 
the Commission on a reimbursable basis such administrative 
support services and assistance as the Commission may request.
  [(b) The Archivist of the United States shall provide to the 
Commission on a reimbursable basis such technical and expert 
advice, consultation, and support assistance as the Commission 
may request.

[Sec. 3322. Report

  [The Commission shall transmit to the President and to each 
House of the Congress a report not later than March 31, 1977. 
Such report shall contain a detailed statement of the findings 
and conclusions of the Commission, together with its 
recommendations for such legislation, administrative actions, 
and other actions, as it deems appropriate.

[Sec. 3323. Termination

  [The Commission shall cease to exist sixty days after 
transmitting its report under section 3322 of this title.

[Sec. 3324. Authorization of appropriations

  [There is authorized to be appropriated such sums as may be 
necessary to carry out section 3315 through section 3324 of 
this title.]

           *       *       *       *       *       *       *