,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ijbb ,,in ,,the ,,house ,,of ,,representatives ,december #ag1 #bjbj ,mr4 ,quigley introduced the following bill2 which was referred to the ,committee on ,oversight and ,reform ,a ,,bill ,to amend chapter #bb of title #dd1 ,united ,states ,code1 to ensure ,presidential records are preserved1 duly created when non-official electronic messaging accounts are used1 and made available to the public and the next administration in a timely fashion to advance national security and accountability1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,promoting ,accountability and ,security in ,transitions ,act of #bjbj or the ,,past ,act4 #b4 ,sense of ,congress ,the sense of ,congress is the following3 7#a7 ,the preservation of ,presidential records 7as defined in section #bbja of title #dd1 ,united ,states ,code7 is a legal obligation for every ,presidential administration1 as ,presidential records are the most important and widely used source for studying how the executive branch of the ,federal ,government works1 how it has changed over time1 and how it might evolve to serve the needs of a new era4 7#b7 ,the preservation of ,presidential records is therefore vital for-- 7,a7 the public to be able to understand and learn from the past2 7,b7 future policymaking to build on the past administration's successes and experience2 7,c7 ensuring accountability for results1 performance1 and conduct2 and 7,d7 other purposes that serve to strengthen ,american democracy4 7#c7 ,any effort to destroy1 alter1 or remove ,presidential records in violation of chapter #bb of title #dd1 ,united ,states ,code-- 7,a7 threatens the values described in paragraph 7#b72 and 7,b7 may subject a person engaging in such efforts to other criminal penalties under section #fda or #bjga of title #ah1 ,united ,states ,code4 7#d7 ,the lawful disposal of ,presidential records that no longer have administrative1 historical1 informational1 or evidentiary value must follow a process as described in section #bbjc of title #dd1 ,united ,states ,code4 7#e7 ,what constitutes a ,presidential record is determined solely by whether the record relates to the carrying out of constitutional1 statutory1 or other official or ceremonial duties of the ,president1 as indicated in the definition of the term ,presidential records in section #bbja of title #dd1 ,united ,states ,code1 and by the content of the information contained in the record4 7#f7 ,for communication between agencies and the ,executive ,office of the ,president1 the copy of the record belonging to the agency is retained as an agency record pursuant to section #ccja of title #dd1 ,united ,states ,code4 7#g7 ,consistent with section #bbjc of title #dd1 ,united ,states ,code1 any ,presidential records created with non-official electronic media shall be preserved1 which includes a comprehensive documentation of all records and associated metadata and attachments4 7#h7 ,applications or software with an automatic deleting functionality are antithetical to the legal and historical obligations described under chapter #bb of title #dd1 ,united ,states ,code4 7#i7 ,periods of ,presidential transition are moments where the national security of the ,united ,states is most vulnerable1 necessitating an early1 good faith1 and consistent commitment by the outgoing administration to ensure continuity of operations as it relates to national security and protecting critical infrastructure1 among other reasons4 7#aj7 ,agencies and the ,executive ,office of the ,president are required by law to cooperate with the ,archivist of the ,united ,states and the ,federal ,transition ,coordinator of the ,general ,service ,administration1 who is tasked with ensuring agencies comply with all statutory requirements relating to transition planning under section #d7;c7 of the ,presidential ,transition ,act of #aifc 7#c ,u4,s4,c4 #ajb note74 7#aa7 ,during a ,presidential transition1 ,presidential records1 which contain valuable information regarding agreements or negotiations with foreign governments and international organizations and the actions and beliefs of foreign nations or actors are of enormous value to the national security4 7#ab7 ,any effort to delay briefings1 coordination1 and sharing information regarding key national security relationships1 threats1 and operations with an incoming administration or the destruction1 removal1 or alteration of ,presidential records that attest to the information described in this section could pose a grave danger to the national security4 7#ac7 ,an expeditious ascertainment of the plausible ,president-elect and ,vice-,president-elect by the ,administrator of ,general ,services plays a vital role in ensuring continuity of ,government and protecting national security such that the risk of redundant expenditure is overwhelmed by the advantages of an early access to transition resources to allow for transition planning4 7#ad7 ,the ,national ,archives and ,records ,administration plays an essential role in ensuring the official proceedings of ,government are documented to improve democracy in the ,united ,states1 protect national security1 provide continuity of ,government during a transition1 and promote accountability for actions taking during a ,presidency4 7#ae7 ,the robust funding of the ,national ,archives and ,records ,administration and protection of its officers and employees from political interference is a national imperative and must be a priority for ,congress4 #c4 ,definitions ,section #bbja of title #dd1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by inserting 1 and includes the metadata associated with all such material before the period2 and 7#b7 by adding at the end the following3 7#f7 ,the term electronic messaging account includes electronic mail1 chat or instant messaging1 text messaging1 voicemail messaging1 and other messaging platforms or apps1 such as social media or mobile applications1 among other applications4 7#g7 ,the term official electronic messaging account includes electronic messaging accounts provided by an executive agency or the ,executive ,office of the ,president4 7#h7 ,the term dispose1 with respect to documentary material1 means to remove1 deface1 alter1 corrupt1 delete1 erase1 or otherwise destroy the documentary material4 4 #d4 ,management and custody of ,presidential records 7a7 ,in general ,section #bbjc of title #dd1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7e71 7f71 and 7g7 as subsections 7g71 7h71 and 7i71 respectively2 7#b7 by redesignating subsection 7d7 as subsection 7e72 7#c7 by striking subsection 7c7 and inserting the following3 7c7 ,the ,president shall obtain the advice of the ,archivist in applying standards1 procedures1 and techniques designed to-- 7#a7 improve the management of records2 7#b7 promote the maintenance and security of records determined appropriate for preservation2 and 7#c7 facilitate the segregation and disposal of records of temporary value4 7d7 7#a7 ,during the ,president's term of office1 if the ,president wishes to dispose of those ,presidential records of such ,president that no longer have administrative1 historical1 informational1 or evidentiary value-- 7,a7 the ,president shall request1 in writing1 the views of the ,archivist concerning the proposed disposal of such ,presidential records2 and 7,b7 the ,archivist shall indicate1 in writing1 whether the ,archivist intends to take any action under subsection 7g7 of this section with respect to the ,presidential records4 7#b7 ,not later than #e business days after the date on which the ,archivist provides a written indication under paragraph 7#a77;,b71 the ,archivist shall make publicly available on a website any communications received or sent by the ,archivist regarding the potential disposal of ,presidential records under paragraph 7#a74 2 7#d7 in subsection 7e71 as so redesignated-- 7,a7 by striking subsection 7c7 and inserting subsection 7d72 and 7,b7 by striking subsection 7e7 and inserting subsection 7g72 and 7#e7 by inserting after subsection 7e71 as so redesignated1 the following3 7f7 ,in ,january of each even-numbered year1 the ,archivist shall1 in coordination with the ,office of ,administration of the ,executive ,office of the ,president1 submit to the ,chairman and ,ranking ,member of each committee of jurisdiction of either ,house of ,congress1 of the ,committee on ,appropriations of the ,senate1 and of the ,committee on ,appropriations of the ,house of ,representatives and to the ,president a report that-- 7#a7 is based on inspections conducted by the ,archivist1 in coordination with the ,office of ,administration of the ,executive ,office of the ,president1 of the ,presidential records management programs of the ,executive ,office of the ,president2 and 7#b7 evaluates-- 7,a7 the records management activities and training conducted and standard operating procedures and guidance issued pursuant to this section2 and 7,b7 responses to any recommendations resulting from inspections or studies conducted under this section4 4 7b7 ,conforming amendments 7#a7 ,section #baje7;a77#b7 of title #dd1 ,united ,states ,code1 is amended by striking paragraph 7f77#b7 and inserting subsection 7i77#b74 7#b7 ,chapter #bb of title #dd1 ,united ,states ,code1 is amended-- 7,a7 in section #bbjd7;b77#b77;,a71 by striking section #bbjc7;d77#a7 and inserting #bbjc7;i77#a72 and 7,b7 in section #bbjf7a71 by striking section #bbjc7;f77#c7 and inserting section #bbjc7;i77#d74 #e4 ,restrictions on access to ,presidential records ,section #bbjd of title #dd1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#c71 by striking shall not be subject to judicial review1 except as provided and inserting shall be subject to judicial review1 including as provided2 and 7#b7 in subsection 7e7-- 7,a7 by inserting 7#a7 before ,the ,united ,states2 and 7,b7 by adding at the end the following3 7#b7 7,a7 ,a person seeking access to a ,presidential record to which access is restricted under subsection 7a7 may file an action in the ,united ,states ,district ,court for the ,district of ,columbia seeking release of the ,presidential record4 7,b7 ,in an action filed under subparagraph 7,a71 the court shall direct the release of a ,presidential record1 or a reasonably segregable portion thereof1 if the court determines that the ,presidential record1 or the reasonably segregable portion thereof1 is not within any of the categories specified in subsection 7a7 and there is not a valid claim of constitutionally based privilege against disclosure4 4 #f4 ,exceptions to restricted access ,section #bbje7b77;,c7 of title #dd1 ,united ,states ,code1 is amended-- 7#a7 by striking to any committee or subcommittee thereof and inserting upon request by the ,chairman or ,ranking ,member of a committee or subcommittee thereof1 to such ,chairman or ranking member12 and 7#b7 by striking its business and inserting the business of the committee or subcommittee4 #g4 ,regulations ,section #bbjf of title #dd1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7a7 before ,the ,archivist2 7#b7 in subsection 7a71 as so designated-- 7,a7 in paragraph 7#c71 by striking and at the end2 7,b7 in paragraph 7#d71 by striking the period and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#e7 provisions-- 7,a7 for what constitutes official and non-official electronic messaging accounts2 and 7,b7 establishing procedures for documenting-- 7i7 ,presidential records created on non-official electronic messaging accounts 7including emerging technologies1 applications1 and platforms72 and 7ii7 required metadata2 7#f7 provisions for the preservation of digital media1 including from social media accounts1 that may appear to be personal records or private property but the preservation of which may be required under this chapter2 and 7#g7 provisions for the appropriate circumstances and controls for the use of messaging applications and software with automatic deleting or other similar functionalities4 2 and 7#c7 by adding at the end the following3 7b7 ,the ,archivist shall issue1 and shall annually update1 implementation guidance with respect to the regulations described in paragraphs 7#e7 and 7#f7 of subsection 7a74 4 #h4 ,disclosure requirement for official business conducted using non-official electronic messaging accounts 7a7 ,in general ,section #bbji7;a7 of title #dd1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking create or send and inserting create1 send1 or receive2 7#b7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and adjusting the margin accordingly2 and 7#c7 by striking ,the ,president1 and inserting the following3 7#a7 ,limitations ,not later than #ij days after assuming office1 the ,president shall publicly release guidelines for officers and employees of the ,executive ,office of the ,president who create or receive documentary material that-- 7,a7 prohibit the use of non-official electronic messaging accounts that cannot be easily copied or forwarded to an official electronic messaging account for official business2 and 7,b7 prohibit the use of messaging accounts or software with automatic deleting or other similar functionalities4 7#b7 ,requirements for use ,the ,president1 4 #i4 ,presidential ,transition ,act of #aifc ,the ,presidential ,transition ,act of #aifc 7#c ,u4,s4,c4 #ajb note7 is amended-- 7#a7 in section #c-- 7,a7 in subsection 7a77#h77;,a71 by striking clause 7v7 and inserting the following3 7v7 7,i7 7aa7 ,activities under this paragraph shall include the preparation of a detailed classified1 compartmented summary by the relevant outgoing executive branch officials of-- 7,,aa7 specific strategic1 tactical1 and operational threats to national security2 7,,bb7 major military or covert operations2 and 7,,cc7 pending decisions on possible uses of military force or covert actions4 7bb7 ,the summary prepared under item 7aa7 shall be provided to the ,president-elect and members of office staff with appropriate clearances that are designated by the ,president-elect as soon as possible after the date of the general elections held to determine the electors of ,president and ,vice ,president under section #a or #b of title #c1 ,united ,states ,code4 7,,ii7 ,the ,archivist of the ,united ,states shall collaborate with the ,federal ,transition ,coordinator and agencies1 including the ,executive ,office of the ,president1 to ensure that the ,president-elect and members of office staff with appropriate clearances that are designated by the ,president-elect can easily access national security information 7including documents1 videos1 audio1 and briefings7 created by the previous administration after the inauguration of the ,president-elect4 7,,iii7 ,the ,archivist of the ,united ,states shall submit to the ,chairman and ,ranking ,member of each committee of jurisdiction of either ,house of ,congress1 of the ,committee on ,appropriations of the ,senate1 and of the ,committee on ,appropriations of the ,house of ,representatives a report if the ,archivist of the ,united ,states believes there appears to be noncompliance with the requirements under this clause4 2 and 7,b7 in subsection 7c7-- 7i7 by inserting 7#a7 before ,the terms2 and 7ii7 by adding at the end the following3 7#b7 7,a7 ,not later than #f days after the date of a general election described in paragraph 7#a71 the ,administrator shall make the ascertainment described in paragraph 7#a7 without any interference or undue pressure from the ,president or a candidate for ,president1 or any representative thereof1 based on provisional results from ,state election officials and expert analysis of results4 7,b7 ,given the imperatives of an orderly transition1 if there is a plausible chance that the apparent successful candidate for the office of ,president and ,vice ,president1 respectively1 are not the incumbent1 or if the incumbent was not a candidate1 the ,administrator shall provide a portion of the services and facilities authorized to be provided under this section to all parties with a plausible chance of being the successful candidate4 2 and 7#b7 in section #d-- 7,a7 in subsection 7d7-- 7i7 in paragraph 7#b7-- 7,i7 in subparagraph 7,b71 by striking and at the end2 7,,ii7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7,,iii7 by adding at the end the following3 7,d7 under the guidance of the ,archivist of the ,united ,states1 monitor compliance with chapter #bb of title #dd1 ,united ,states ,code1 including the preservation of all records and prevention of any records from being disposed unless done in accordance with such chapter4 2 7ii7 in paragraph 7#c7-- 7,i7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,d7 and 7,e71 respectively2 and 7,,ii7 by inserting after subparagraph 7,b7 the following3 7,c7 the ,archivist of the ,united ,states2 2 and 7iii7 by adding at the end the following3 7#e7 ,role of the ,archivist 7,a7 ,in general ,not later than #abj days before the date of a ,presidential election1 the ,archivist of the ,united ,states shall send a written communication to all officers and employees of the ,executive ,office of the ,president who create or receive documentary material 7as defined under section #bbja of title #dd1 ,united ,states ,code7-- 7i7 describing the requirements under chapter #bb of title #dd1 ,united ,states ,code2 and 7ii7 establishing a timeline for cooperation with the ,archivist of the ,united ,states to ensure an orderly and timely transition of records subject to such chapter if there is a ,presidential transition4 7,b7 ,reporting 7i7 ,in general ,not later than #cj days after the date of a ,presidential election which results in a ,presidential transition1 the ,archivist of the ,united ,states1 in coordination with the ,federal ,transition ,coordinator1 shall submit to the ,chairman and ,ranking ,member of each committee of jurisdiction of either ,house of ,congress1 of the ,committee on ,appropriations of the ,senate1 and of the ,committee on ,appropriations of the ,house of ,representatives a report discussing the status of the transition activities of the ,white ,house ,transition ,coordinating ,council and identifying concerns1 if any1 regarding compliance with chapter #bb of title #dd1 ,united ,states ,code4 7ii7 ,noncompliance ,the ,archivist of the ,united ,states shall submit to the ,chairman and ,ranking ,member of each committee of jurisdiction of either ,house of ,congress1 of the ,committee on ,appropriations of the ,senate1 and of the ,committee on ,appropriations of the ,house of ,representatives a report if the ,archivist of the ,united ,states believes there appears to be noncompliance with the requirements or timeline described in subparagraph 7,a74 2 7,b7 in subsection 7e77#b7-- 7i7 in subparagraph 7,d71 by striking and at the end2 7ii7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,f7 under the guidance of the ,archivist of the ,united ,states1 monitor compliance with chapter #bb of title #dd1 ,united ,states ,code1 including the preservation of all records and prevention of any records from being disposed unless done in accordance with such chapter4 2 7,c7 by redesignating subsection 7i7 as subsection 7j72 and 7,d7 by inserting after subsection 7h7 the following3 7i7 ,role of the ,archivist 7#a7 ,in general ,not later than #abj days before the date of a ,presidential election1 the ,archivist of the ,united ,states shall send a written communication to the head of each agency-- 7,a7 describing the requirements under chapter #cc of title #dd1 ,united ,states ,code2 and 7,b7 establishing a timeline for cooperation with the ,archivist of the ,united ,states to ensure an orderly and timely transition of records subject to such chapter if there is a ,presidential transition4 7#b7 ,reporting 7,a7 ,in general ,not later than #cj days after the date of a ,presidential election which results in a ,presidential transition1 the ,archivist of the ,united ,states1 in coordination with the ,federal ,transition ,coordinator1 shall submit to the ,chairman and ,ranking ,member of each committee of jurisdiction of either ,house of ,congress1 of the ,committee on ,appropriations of the ,senate1 and of the ,committee on ,appropriations of the ,house of ,representatives a report discussing the status of the transition activities of agencies and identifying concerns1 if any1 regarding compliance with chapter #cc of title #dd1 ,united ,states ,code4 7,b7 ,noncompliance ,the ,archivist of the ,united ,states shall submit to the ,chairman and ,ranking ,member of each committee of jurisdiction of either ,house of ,congress1 of the ,committee on ,appropriations of the ,senate1 and of the ,committee on ,appropriations of the ,house of ,representatives a report if the ,archivist of the ,united ,states believes there appears to be noncompliance with the requirements or timeline described in paragraph 7#a74 4 #aj4 ,former ,presidents ,the ,act entitled ,an ,act to provide retirement1 clerical assistants1 and free mailing privileges to former ,presidents of the ,united ,states1 and for other purposes1 approved ,august #be1 #aieh 7commonly known as the ,former ,presidents ,act of #aieh7 7#c ,u4,s4,c4 #ajb note71 is amended by adding at the end the following3 7h7 ,if the ,archivist of the ,united ,states determines that a former ,president did not comply with major requirements under chapter #bb of title #dd1 ,united ,states ,code1 or the ,presidential ,transition ,act of #aifc 7#c ,u4,s4,c4 #ajb note71 the monetary amounts described in subsections 7a7 and 7b7 shall be withheld until the later of-- 7#a7 #a year after the date on which the ,archivist makes that determination2 or 7#b7 the date on which the ,archivist determines the former ,president has adequately complied with the requirements4 4 #aa4 ,presidential archival depository ,section #baab of title #dd1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking ,when the ,archivist and inserting 7#a7 ,subject to paragraph 7#b71 when the ,archivist2 and 7,b7 by adding at the end the following3 7#b7 ,the ,archivist may not deposit papers1 documents1 or other historical materials accepted under section #baaa of this title or other ,federal records appropriate for preservation in a ,presidential archival depository relating to a former ,president under paragraph 7#a7 until after the date on which the ,archivist determines that the former ,president has adequately complied with the requirements under chapter #bb relating to ,presidential records 7as defined in section #bbja74 2 7#b7 in subsection 7g71 by adding at the end the following3 7#f7 7,a7 ,notwithstanding paragraphs 7#c71 7#d71 and 7#e7 7to the extent that such paragraphs are inconsistent with this paragraph71 this subsection shall be administered in accordance with this paragraph with respect to any ,presidential archival depository created as a depository for the papers1 documents1 and other historical materials and ,presidential records pertaining to any ,president who takes any action1 including destruction1 alteration1 concealment1 or removal1 that threatens or damages the integrity and statutory preservation requirements under chapter #bb for ,presidential records 7as defined in section #bbja74 7,b7 ,for purposes of subparagraphs 7,a77ii71 7,b77i77,,ii71 and 7,b77ii77,,ii7 of paragraph 7#c7 the percentage of #ajj percent shall apply instead of #fj or #bj percent4 2 and 7#c7 by adding at the end the following3 7h7 ,none of the funds in the account in the ,national ,archives ,trust ,fund that may be expended for the benefit and in the interest of a ,presidential archival depository relating to a former ,president may be used for the cost of digitizing records the former ,president wishes to deposit in and make available through the ,presidential archival depository4 4