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Presidential and Federal Records Act Amendments of 2014

Public Law 113-187 · H.R. 1233 · 113th Congress · began in the House

Signed by Barack Obama (D) on Nov 26, 2014 · Government Operations and Politics

Sponsor: Rep. Elijah Cummings (D-MD-7)

Cosponsors: None

Passage votes

  • HouseVoice vote
  • SenateUnanimous consent
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

Presidential and Federal Records Act Amendments of 2014 - (Sec. 2) Amends the Presidential Records Act to require the Archivist of the United States, upon determining to make publicly available any presidential record not previously made available, to: (1) promptly provide written notice of such determination to the former President during whose term of office the record was created, to the incumbent President, and to the public; and (2) make such record available to the public within 60 days, except any record with respect to which the Archivist receives notification from a former or incumbent President of a claim of constitutionally-based privilege against disclosure. Prohibits the Archivist from making a record that is subject to such a claim publicly available unless: (1) the incumbent President withdraws a decision upholding the claim, or (2) the Archivist is otherwise directed to do so by a final court order that is not subject to appeal.

Prohibits the Archivist from making available any original presidential records to anyone claiming access to them as a designated representative of a President or former President if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of the records of the Archives.

Prohibits the President, the Vice President, or a covered employee (i.e., the immediate staff of the President and Vice President or office advising and assisting the President or Vice President) from creating or sending a presidential or vice presidential record using a non-official electronic messaging account unless the President, Vice President, or covered employee: (1) copies an official electronic messaging account of the President, Vice President, or covered employee in the original creation or transmission of the presidential or vice presidential record; or (2) forwards a complete copy of the presidential record to an official electronic messaging account of the President, Vice President, or covered employee not later than 20 days after the original creation or transmission of the presidential or vice presidential record.

(Sec. 3) Provides that the transfer to the Archivist of records by a federal agency that have historical significance shall take place as soon as practicable but not later than 30 years after the creation or receipt of such records by an agency. Expands the authority of the Archivist with respect to the creation and preservation of audio and visual records.

(Sec. 5) Revises the definition of "records" for purposes of this Act to include all recorded information, regardless of form or characteristics. Makes the Archivist's determination of whether recorded information is a record binding on all federal agencies.

(Sec. 6) Directs the Archivist to prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration (NARA) or the destruction or damage of such records, including when such records are accessed electronically. Requires such procedures to: (1) prohibit any person, other than personnel with appropriate security clearances (covered personnel), from viewing classified records in any room that is not secure, except in the presence of NARA personnel or under video surveillance, from being left alone with classified records unless under video surveillance, or from conducting any review of classified records while in the possession of any personal communication device; (2) require all persons seeking access to classified records to consent to a search of their belongings upon conclusion of their records review; and (3) require all writings prepared by persons, other than covered personnel, during the course of a review of classified records to be retained by NARA in a secure facility until such writings are determined to be unclassified, are declassified, or are securely transferred to another secure facility.

(Sec. 7) Repeals provisions authorizing the National Study Commission on Records and Documents of Federal Officials.

(Sec. 9) Transfers responsibility for records management from the Administrator of the General Services Administration (GSA) to the Archivist. Requires the transfer of records from federal agencies to the National Archives in digital or electronic form to the greatest extent possible.

(Sec. 10) Prohibits an officer or employee of an executive agency from creating or sending 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 not later than 20 days after the original creation or transmission of the record. Provides for disciplinary action against an agency officer or employee for an intentional violation of such prohibition.

Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Related bills

The record lists no related bills.

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 26 actions.

  1. Nov 26, 2014Became lawBecame law · Became Public Law No: 113-187.
  2. Became lawBecame law · Signed by President.
  3. Nov 17, 2014FloorFloor · Presented to President.
  4. Nov 12, 2014Resolving differencesResolving differences · Motion to reconsider laid on the table Agreed to without objection.
  5. Resolving differencesResolving differences · On motion that the House suspend the rules and agree to the Senate amendments Agreed to by voice vote.
  6. Resolving differencesResolving differences · Mr. Issa moved that the House suspend the rules and agree to the Senate amendments.
  7. FloorFloor · DEBATE - The House proceeded with forty minutes of debate on the Senate amendments to H.R. 1233.
  8. OtherOther · Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendments Agreed to by voice vote.
  9. Sep 11, 2014FloorFloor · Message on Senate action sent to the House.
  10. Sep 10, 2014FloorFloor · Passed Senate with amendments by Unanimous Consent.
  11. Jul 23, 2014CalendarCalendar · Placed on Senate Legislative Calendar under General Orders. Calendar No. 487.
  12. CommitteeCommittee · Committee on Homeland Security and Governmental Affairs. Reported by Senator Carper with amendments. With written report No. 113-218.
  13. May 21, 2014CommitteeCommittee · Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment favorably.
  14. Jan 15, 2014CommitteeCommittee · Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
  15. Jan 14, 2014FloorFloor · On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 420 - 0 (Roll no. 18).House roll call 18
  16. FloorFloor · Considered as unfinished business.
  17. FloorFloor · At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
  18. FloorFloor · DEBATE - The House proceeded with forty minutes of debate on H.R. 1233.
  19. FloorFloor · Considered under suspension of the rules.
  20. FloorFloor · Mr. Farenthold moved to suspend the rules and pass the bill, as amended.
  21. Jun 25, 2013CalendarCalendar · Placed on the Union Calendar, Calendar No. 92.
  22. CommitteeCommittee · Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 113-127.
  23. Mar 20, 2013CommitteeCommittee · Ordered to be Reported (Amended) by Voice Vote.
  24. CommitteeCommittee · Committee Consideration and Mark-up Session Held.
  25. Mar 18, 2013CommitteeCommittee · Referred to the House Committee on Oversight and Government Reform.
  26. IntroducedIntroduced · Introduced in House
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

1 amendment offered to the bill, with the last recorded step of each.

Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.