Federal

DOCS Act

Source: Congress.gov · 571 words in original text

What This Bill Does

This bill requires former federal elected officials to confirm they no longer possess secret government materials within 30 days of leaving office. The bill also directs the Director of National Intelligence to establish a system for tracking classified materials that are removed from secure facilities.

Who It Affects

Former presidents, vice presidents, senators, representatives, congressional delegates and resident commissioners. The National Archives and Records Administration (a government agency that maintains official records). The Director of National Intelligence. The American public.

Key Provisions

• Former federal elected officials must submit a written certification to the National Archives and Records Administration within 30 days of leaving office stating they do not possess any classified materials (Sec. 2(a)) • The National Archives must compile these certifications and make them available to the public (Sec. 2(b)) • Anyone who fails to submit the required certification or submits false information faces a civil money penalty up to $100,000 (Sec. 2(c)) • The Director of National Intelligence must establish a mandatory procedure to document and track classified materials removed from sensitive compartmented information facilities, including tracking their physical location (Sec. 3)

What Changes

Former elected officials will now be required by law to certify they do not possess classified materials after leaving office. The public will have access to these certifications. Penalties will apply to those who fail to comply or provide false information.

Important Definitions

"Elected Federal office" means the office of President, Vice President, Senator, Representative, Delegate or Resident Commissioner to Congress (Sec. 2(d))

Effective Date

This section applies to any individual holding elected federal office on or after the date this act becomes law (Sec. 2(e))

I 118TH CONGRESS 1ST SESSION H. R. 581 To require individuals who formerly held an elected Federal office to certify after leaving office that they do not have in their possession any classified materials, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 26, 2023 Mr. TORRES of New York introduced the following bill; which was referred to the Permanent Select Committee on Intelligence, and in addition to the Committees on Oversight and Accountability, and House Administra- tion, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require individuals who formerly held an elected Federal office to certify after leaving office that they do not have in their possession any classified materials, 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 ‘‘Defending Our Classi- 4 fied Secrets Act’’ or the ‘‘DOCS Act’’. 5 VerDate Sep 11 2014 00:32 Feb 10, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H581.IH H581 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 581 IH SEC. 2. CERTIFICATION THAT FORMER ELECTED OFFI- 1 CIALS DO NOT POSSESS CLASSIFIED MATE- 2 RIAL. 3 (a) REQUIRING CERTIFICATION AFTER LEAVING OF- 4 FICE.—Each individual who formerly held an elected Fed- 5 eral office shall, not later than 30 days after the individual 6 no longer holds an elected Federal office, submit a certifi- 7 cation to the National Archives and Records Administra- 8 tion that the individual does not possess any classified ma- 9 terials. 10 (b) PUBLIC AVAILABILITY OF CERTIFICATIONS.— 11 The Archivist of the United States shall compile the cer- 12 tifications submitted under subsection (a) and make the 13 certifications available to the public. 14 (c) PENALTY.—An individual who does not submit a 15 certification required under subsection (a), or who submits 16 a certification that contains false information, shall be 17 subject to a civil money penalty not to exceed $100,000. 18 (d) DEFINITION.—In this section, the term ‘‘elected 19 Federal office’’ means the office of President, Vice Presi- 20 dent, Senator, or Representative in, or Delegate or Resi- 21 dent Commissioner to, the Congress. 22 (e) EFFECTIVE DATE.—This section shall apply with 23 respect to an individual who holds an elected Federal of- 24 fice on or after the date of the enactment of this Act. 25 VerDate Sep 11 2014 00:32 Feb 10, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H581.IH H581 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 581 IH SEC. 3. PROCEDURE TO TRACK CLASSIFIED MATERIAL 1 FOLLOWING REMOVAL FROM A SENSITIVE 2 COMPARTMENTED INFORMATION FACILITY. 3 The Director of National Intelligence shall ensure 4 there is established a mandatory procedure under which 5 any classified material removed from a sensitive compart- 6 mented information facility shall be documented and 7 tracked (including with respect to the physical location of 8 such material) for a period beginning at the time of such 9 removal and ending at such time as the Director may de- 10 termine appropriate. 11 Æ VerDate Sep 11 2014 00:32 Feb 10, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H581.IH H581 pbinns on DSKJLVW7X2PROD with $$_JOB

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.