H.R. 5092 A BILL TO PROVIDE ACCOUNTABILITY IN THE USE OF PRESIDENTIAL DIRECTIVES, FOR OTHER PURPOSES.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001300110005-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 27, 2016
• Document Release Date: September 24, 2012
• Sequence Number: 5
• Content Type: REGULATION

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BROOKS377
109TH CONGRESS
D SESSION
H. R. .50542
IN THE HOUSE OF REPRESENTATIVES
ELC
Mr. BROOKS introduced the following bill; which was referred to
the Committee on
A BILL
To provide accountability in the use of presidential directives,
for other purposes.
1 Be it enacted by the Senate and House of Representatives
2 of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the :Presidential Directives
3 and Records Accountability Act''.
4 SEC. 2. CONTROL OF THE USE OF EXECUTIVE DIRECTIVES.
5 (a) DEFINITION OF EXECUTIVE DIRECTIVE.--Section 1501 of
6 title 44, United States Code, is amended--
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(1) by designating the three indented paragraphs
thereof as paragraphs (1), (2), and (3), respectively;
(2) by striking out the period at the end of such
paragraph (3) and inserting a semicolon;
(3) by adding at the end thereof the following:
12 (4) Executive directive means any written
13 instrument, other than a Presidential proclamation or
14 Executive order, that--
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15 (A) is signed or endorsed by, or is issue ci at
16 the direction of, the President, or an appointee in
17 the Executive office of the President; and
18 ?? (B)(i) establishes policy, (ii) directs the
19 carrying out of law or policy, (iii) authorizes or
20 requires the use of appropriated funds or other
21 resources (including personnel), or (iv) otherwise
22 asserts or appears to assert an authority of the
23 President,
24 except that such term does not include a finding under
25 section 662 of the Foreign Assistance Act
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1 U.S.C. 2422).''.
2 (b) FILING AND REGISTRATION OF EXECUTIVE
3 DIRECTIVES.--Section 1503 of such title is amended--
4 (1) by inserting '?and directives'' after ''Filing
5 documents'' in the heading of such section;
6 (2) by designating the text of such section as
7 subsection (a) thereof; and
8 (3) by adding at the end thereof the following new
9 subsection:
10 (b)(1) The original and three duplicate originals or
11 certified copies of each Executive directive shall be filed
12 with the Office of the Federal Register on the next business
13 day. The Archivist shall cause to be noted on the original
14 and copies of such directive the day and hour of the filing
15 and shall number such filings sequentially in the order
16 filed. The original of all Executive directives shall be
17 permanently retained as a part of the Archives of the United
18 States.
19 (2) Upon filing, one copy of each Executive directive
20 shall be immediately transmitted to the Speaker of the House
21 of Representatives, and one copy shall be immediately
22 transmitted to the President pro tempore of the Senate. In
23 the case of directives which contain information which may be
24 withheld from disclosure under section 552(b)(1) of such
C
4. 4 A. 1
41.1,10.0160
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copies
.hall be
transmitted and maintained in-the
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1 manner required by the rules and procedures of the House of
2 Representatives and the Senate, respectively, to protect the
3 information therein from improper disclosure.?.
4 SEC. 3. PROTECTION OF PRESIDENTIAL AND OTHER FEDERAL RECORDS.
5 (a) INFORMING EMPLOYEES OF PRESIDENTIAL RECORDS ACT
6 REQUIREMENTS.--Chapter 22 of title 44; United States Code, is
7 --amended-by-insertimg-after-section-2207-the-following-new
8 section:
9 S2208. Informing Employees of Requirements
10 (a) Each officer or employee who is appointed or
11 detailed to, or otherwise employed in, a position in the
12 Executive Office of the President or Vice President, or on
13 the immediate staff of the President or Vice President, shall
14 receive, and shall, at the time of employment, sign a receipt
15 for, a notice describing the requirements of this chapter and
16 of the procedures for controlling, managing, and preserving
17 Presidential or Vice Presidential records.
18 (? b) Each such officer or employee shall, at the time of
19 vacating any such position, receive a copy of the notice
20 required by subsection (a).
21 ? (c) The notice required by subsection (a) shall be
22 prepared jointly by the Archivist and counsel to the
23 President.
24 (b) ESTABLISHMENT OF OFFICE OF RECORDS
25 MANAGEMENT.--Chapter 22 of title 44, United States Code, Is
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1 further amended by adding at the end thereof the following
2 new section:
3 ? 52209. Office of Records Management.
4 There shall be in the Executive Office of the President
5 an Office of Records Management. The Office shall be
6 responsible for securing compliance with the requirements of
7 this chapterand for carrying out such other functions as may
8 be assigned by the President. The Office shall consult with
9 the Archivist before making any significant change in the
10 practices or procedures used to secure such compliance.''.
11 (c) AUTHORITY OF THE ARCHIVIST TO DEFINE
12 RECORD .? --Section 3301 of title 44; United States.Code, is
13 amended by adding at the end thereof the following new
14 sentence: The Archivist shall have final authority in the
15 Executive branch to determine what constitutes such a record
16 for purposes of chapters 21 through 33 of this title and may
17 issue such rules, regulations, and guidelines as may be
18 necessary for such purposes.?.
19 (d) CONFORMING AND TECHNICAL AMENDMENTS.--
20 (1) The analysis for chapter 22 of title 44, United
21 States Code, is amended--
22 (A) by striking out the item pertaining to
23 section 2205 and inserting the following:
? 2205. Exceptions to restricted access.''; and
24 (B) by inserting after the item pertaining to
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section 2207 the following:
2208. Informing employees of requirements.
2209. Office of Records Management. .
(2) Section 2201(3) of such title is amended by
striking out
therof.' and inserting ''thereof''.
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STAT
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