What This Bill Does
This bill creates financial penalties for anyone who illegally removes and keeps classified government documents or materials. It also requires the National Archives to station someone in the President's and Vice President's offices to watch over official records and sets up a certification process that outgoing Presidents and Vice Presidents must complete.
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Who It Affects
* Anyone who illegally removes or keeps classified documents
* The outgoing President and Vice President at the end of each presidential term
* The National Archives and Records Administration
* The Attorney General
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Key Provisions
* The Attorney General can sue people who illegally remove or keep classified documents, and a court can order them to pay up to $500,000 for each violation. Other criminal or civil penalties (legal consequences) can still be applied as well. (Sec. 2)
* A National Archives employee must be stationed in the Executive Office of the President and Office of the Vice President to properly track and handle Presidential and Vice-Presidential records. (Sec. 3)
* The National Archives must screen all Presidential and Vice-Presidential records for classified material during the time between when a new president wins the election and when they take office. (Sec. 3)
* By the first day of a new Presidential administration, the outgoing President and Vice President must certify in writing to the National Archivist and Attorney General whether they kept any classified records. This does not apply if a President wins a second consecutive term. (Sec. 3)
* If an outgoing President or Vice President does not submit the required certification, they lose all federal funding for office space, staff and travel, and their pension payments can be cut by up to 50 percent until they comply. (Sec. 3)
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What Changes
If this bill becomes law, classified documents will be protected by new financial penalties up to $500,000 per violation, the National Archives will have an official present in the President's and Vice President's offices, and departing Presidents and Vice Presidents will be required to declare whether they kept classified records or face loss of federal benefits and pension reductions.
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Important Definitions
* **Presidential transition**: The time period that starts when the General Services Administrator announces the apparent election winner and ends when the election winner is sworn in as President. (Sec. 3)
* **Records**: All information in any form that a federal agency makes or receives under federal law or in connection with government business and keeps as evidence of government activities or for its informational value. Does not include library and museum materials kept only for display or reference. (Sec. 3)
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1791
To amend title 18, United States Code, to provide civil penalties for unauthor-
ized removal and retention of classified documents or material, to amend
chapter 22 of title 44, to include a certification process for Presidential
records, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 2023
Mr. QUIGLEY (for himself and Mr. LAHOOD) introduced the following bill;
which was referred to the Committee on Oversight and Accountability,
and in addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee con-
cerned
A BILL
To amend title 18, United States Code, to provide civil
penalties for unauthorized removal and retention of clas-
sified documents or material, to amend chapter 22 of
title 44, to include a certification process for Presidential
records, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Classified Documents
4
Accountability Act’’.
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•HR 1791 IH
SEC. 2. CIVIL PENALTIES FOR UNAUTHORIZED REMOVAL
1
AND
RETENTION
OF
CLASSIFIED
DOCU-
2
MENTS OR MATERIAL.
3
Section 1924 of title 18, United States Code, is
4
amended by adding at the end the following:
5
‘‘(d) The Attorney General may bring a civil action
6
in the appropriate United States district court against any
7
person who violates this section and, upon proof of such
8
violation by a preponderance of the evidence, such person
9
shall be subject to pay a civil penalty in an amount not
10
to exceed $500,000 for each such violation. The imposition
11
of a civil penalty under this subsection does not preclude
12
any other criminal or civil statutory, common law, or ad-
13
ministrative remedy, which is available by law to the
14
United States or any other person.’’.
15
SEC. 3. CERTIFICATION REQUIREMENT.
16
(a) AMENDMENT.—Chapter 22 of title 44, United
17
States Code, is amended by adding at the end the fol-
18
lowing new section:
19
‘‘§ 2210. Certification of Presidential records
20
‘‘(a) REQUIREMENT FOR ARCHIVES REPRESENTA-
21
TIVE.—There shall be an officer or employee from the Na-
22
tional Archives and Records Administration present in the
23
Executive Office of the President and the Office of the
24
Vice President to ensure proper logging and handling of
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•HR 1791 IH
Presidential records and Vice-Presidential records, as ap-
1
plicable.
2
‘‘(b) CERTIFICATION PROCESS.—
3
‘‘(1) SCREENING BY ARCHIVES.—Any record of
4
the President and Vice President shall be screened
5
for classified material by the National Archives and
6
Records Administration during the Presidential
7
transition and shall be retained by the National Ar-
8
chives and Records Administration.
9
‘‘(2) CERTIFICATION
REQUIRED.—Not later
10
than the first day of a term of office of an incoming
11
Presidential administration, the outgoing President
12
and the Vice President, or a designee of the Presi-
13
dent and the Vice President, shall certify to the Ar-
14
chivist and the Attorney General whether outgoing
15
President and Vice President have retained any clas-
16
sified records. This paragraph does not apply to a
17
second consecutive term of a President.
18
‘‘(c) PENALTIES FOR NONCOMPLIANCE.—Beginning
19
on such first day and ending on the date the certification
20
under subsection (b)(2) is so submitted, an outgoing
21
President or Vice President, or a designee of the outgoing
22
President or Vice President, who fails to submit the cer-
23
tification shall be subject to the following, as determined
24
by the Archivist:
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•HR 1791 IH
‘‘(1) No Federal funds may be obligated or ex-
1
pended for office space, staff, or the travel of such
2
outgoing President or Vice President, including any
3
funds authorized under the Former Presidents Act
4
of 1958 (Public Law 85–745).
5
‘‘(2) A reduction of up to 50 percent in the
6
monthly payment of any pension payment dispersed
7
to such outgoing President or Vice President under
8
such Act or chapter 83 or 84 of title 5 (as the case
9
may be).
10
‘‘(d) DEFINITIONS.—In this section:
11
‘‘(1) FEDERAL
AGENCY.—The term ‘Federal
12
agency’ has the meaning given that term in section
13
2901.
14
‘‘(2) PRESIDENTIAL
TRANSITION.—The term
15
‘Presidential transition’ means the period of time
16
that begins on the day on which the Administrator
17
of General Services declares an apparent winner of
18
the Presidential election and ends on the day on
19
which the winner of the Presidential election is inau-
20
gurated as President.
21
‘‘(3) RECORDS.—The term ‘records’—
22
‘‘(A) includes all recorded information, re-
23
gardless of form or characteristics, made or re-
24
ceived by a Federal agency under Federal law
25
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•HR 1791 IH
or in connection with the transaction of public
1
business and preserved or appropriate for pres-
2
ervation by that agency or its legitimate suc-
3
cessor as evidence of the organization, func-
4
tions, policies, decisions, procedures, operations,
5
or other activities of the United States Govern-
6
ment or because of the informational value of
7
data in them; and
8
‘‘(B) does not include library and museum
9
material made or acquired and preserved solely
10
for reference or exhibition purposes.’’.
11
(b) TECHNICAL AND CONFORMING AMENDMENT.—
12
The table of sections for chapter 22 of title 44, United
13
States Code, is amended by adding at the end the fol-
14
lowing new item:
15
‘‘2210. Certification of presidential records.’’.
SEC. 4. CLARIFICATION.
16
Nothing in this Act, or any amendment made by this
17
Act, shall be construed to effect or otherwise alter any
18
whistleblower protections afforded individuals under title
19
5, United States Code, or any other provision of law.
20
Æ
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