[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1791 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1791
To amend title 18, United States Code, to provide civil penalties for
unauthorized 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
concerned
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A BILL
To amend title 18, United States Code, to provide civil penalties for
unauthorized 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Classified Documents Accountability
Act''.
SEC. 2. CIVIL PENALTIES FOR UNAUTHORIZED REMOVAL AND RETENTION OF
CLASSIFIED DOCUMENTS OR MATERIAL.
Section 1924 of title 18, United States Code, is amended by adding
at the end the following:
``(d) The Attorney General may bring a civil action in the
appropriate United States district court against any person who
violates this section and, upon proof of such violation by a
preponderance of the evidence, such person shall be subject to pay a
civil penalty in an amount not to exceed $500,000 for each such
violation. The imposition of a civil penalty under this subsection does
not preclude any other criminal or civil statutory, common law, or
administrative remedy, which is available by law to the United States
or any other person.''.
SEC. 3. CERTIFICATION REQUIREMENT.
(a) Amendment.--Chapter 22 of title 44, United States Code, is
amended by adding at the end the following new section:
``Sec. 2210. Certification of Presidential records
``(a) Requirement for Archives Representative.--There shall be an
officer or employee from the National Archives and Records
Administration present in the Executive Office of the President and the
Office of the Vice President to ensure proper logging and handling of
Presidential records and Vice-Presidential records, as applicable.
``(b) Certification Process.--
``(1) Screening by archives.--Any record of the President
and Vice President shall be screened for classified material by
the National Archives and Records Administration during the
Presidential transition and shall be retained by the National
Archives and Records Administration.
``(2) Certification required.--Not later than the first day
of a term of office of an incoming Presidential administration,
the outgoing President and the Vice President, or a designee of
the President and the Vice President, shall certify to the
Archivist and the Attorney General whether outgoing President
and Vice President have retained any classified records. This
paragraph does not apply to a second consecutive term of a
President.
``(c) Penalties for Noncompliance.--Beginning on such first day and
ending on the date the certification under subsection (b)(2) is so
submitted, an outgoing President or Vice President, or a designee of
the outgoing President or Vice President, who fails to submit the
certification shall be subject to the following, as determined by the
Archivist:
``(1) No Federal funds may be obligated or expended for
office space, staff, or the travel of such outgoing President
or Vice President, including any funds authorized under the
Former Presidents Act of 1958 (Public Law 85-745).
``(2) A reduction of up to 50 percent in the monthly
payment of any pension payment dispersed to such outgoing
President or Vice President under such Act or chapter 83 or 84
of title 5 (as the case may be).
``(d) Definitions.--In this section:
``(1) Federal agency.--The term `Federal agency' has the
meaning given that term in section 2901.
``(2) Presidential transition.--The term `Presidential
transition' means the period of time that begins on the day on
which the Administrator of General Services declares an
apparent winner of the Presidential election and ends on the
day on which the winner of the Presidential election is
inaugurated as President.
``(3) Records.--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 library and museum material
made or acquired and preserved solely for reference or
exhibition purposes.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 22 of title 44, United States Code, is amended by adding at the
end the following new item:
``2210. Certification of presidential records.''.
SEC. 4. CLARIFICATION.
Nothing in this Act, or any amendment made by this Act, shall be
construed to effect or otherwise alter any whistleblower protections
afforded individuals under title 5, United States Code, or any other
provision of law.
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