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 `Presidential Directives and Records Accountability Act'.
SEC. 2. CONTROL OF THE USE OF EXECUTIVE DIRECTIVES.
(a) Definition of Executive Directive.--Section 1501 of title 44, United States Code, is amended--
(1) by designating the 4 indented paragraphs thereof in order as paragraphs (1), (2), (3), and (4);
(2) in paragraph (3), as so designated by striking `and' after the semicolon at the end;
(3) in paragraph (4), as so redesignated, by striking the period at the end and inserting `; and'; and
(4) by adding at the end the following new paragraph:
`(5) `Executive directive' means any written instrument, other than a Presidential proclamation or Executive order, that--
`(A) is signed or endorsed by, or is issued at the direction of, the President, or an appointee in the Executive office of the President; and
`(B)(i) establishes policy, (ii) directs the carrying out of law or policy, (iii) authorizes or requires the use of appropriated funds or other resources (including personnel), or (iv) otherwise asserts or appears to assert an authority of the President;
except that such term does not include a finding under section 662 of the Foreign Assistance Act of 1961 (22 U.S.C. 2422).'.
(b) Filing and Registration of Executive Directives.--Section 1503 of title 44, United States Code, is amended--
(1) by inserting `and directives' after `Filing documents' in the heading of such section;
(2) by designating the text of such section as subsection (a); and
(3) by adding at the end the following new subsection:
`(b)(1) The original and 3 duplicate originals or certified copies of each Executive directive shall be filed with the Office of the Federal Register on the next business day following the date the Executive directive is issued. The Archivist of the United States shall cause to be noted on the original and copies of each such Executive directive the day and hour of the filing and shall number such filings sequentially in the order filed. The original of all Executive directives shall be permanently retained as a part
of the Archives of the United States.
`(2) Upon filing, one copy of each Executive directive shall be immediately transmitted by the head of the Office of Records Management to each of the Speaker of the House of Representatives and the President pro tempore of the Senate. In the case of directives which contain information which may be withheld from disclosure under section 552(b)(1) of title 5, such copies shall be transmitted and maintained in the manner required by the rules and procedures of the House of Representatives and the Senate, respectively, to protect the information therein from improper disclosure.'.
SEC. 3. PROTECTION OF PRESIDENTIAL AND OTHER FEDERAL RECORDS.
(a) Informing Employees of Presidential Records Act Requirements: Chapter 22 of title 44, United States Code, is amended by adding at the end the following new section:
`2208. Informing Employees of Requirements
`(a) Each officer or employee who is appointed or detailed to, or otherwise employed in, a position in the Executive Office of the President or Vice President, or on the immediate staff of the President or Vice President, shall receive, and shall at the time of employment sign a receipt for, a notice describing the requirements of this chapter and of the procedures for controlling, managing, and preserving Presidential or Vice Presidential records.
`(b) Each such officer or employee shall, at the time of vacating any such position, receive a copy of the notice required by subsection (a) shall be prepared jointly by the Archivist and the counsel to the President.'.
(b) Establishment of Office of Records Management: Chapter 22 of title 44, United States Code, is further amended by adding at the end the following new section:
`2209. Office of Records Management.
`There shall be in the Executive Office of the President an Office of Records Management. The Office shall be responsible for securing compliance with the requirements of this chapter and for carrying out such other functions as may be assigned by the President. The Office shall consult with the Archivist before making any significant change in the practices or procedures used to secure such compliance.'.
(c) Authority of the Archivist To Define Record: Section 3301 of title 44, United States Code, is amended by adding at the end the following: `The Archivist of the United States shall have final authority in the Executive branch to determine what constitutes such a record for purposes of chapter 21 through 33 of this title and may issue such rules, regulations, and guidelines as may be necessary for such purposes.'.
(d) Conforming and Technical Amendments:
(1) Chapter analysis: The analysis for chapter 22 of title 44, United States Code, is amended--
(A) by striking out the item pertaining to section 2205 and inserting the following:
`2205. Exceptions to restricted access.'
(B) by inserting after the item pertaining to section 2207 the following:
`2208. Information employees of requirements.
`2209. Office of Record Management.'.
(2) Technical Correction: Section 2201(3) of title 44, United States Code, is amended by striking `thereof' and inserting `thereof'.