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H.R. 581: DOCS Act

The text of the bill below is as of Jan 26, 2023 (Introduced).



1st Session

H. R. 581


January 26, 2023

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 Administration, 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


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.


Short title

This Act may be cited as the Defending Our Classified Secrets Act or the DOCS Act.


Certification that former elected officials do not possess classified material


Requiring certification after leaving office

Each individual who formerly held an elected Federal office shall, not later than 30 days after the individual no longer holds an elected Federal office, submit a certification to the National Archives and Records Administration that the individual does not possess any classified materials.


Public availability of certifications

The Archivist of the United States shall compile the certifications submitted under subsection (a) and make the certifications available to the public.



An individual who does not submit a certification required under subsection (a), or who submits a certification that contains false information, shall be subject to a civil money penalty not to exceed $100,000.



In this section, the term elected Federal office means the office of President, Vice President, Senator, or Representative in, or Delegate or Resident Commissioner to, the Congress.


Effective date

This section shall apply with respect to an individual who holds an elected Federal office on or after the date of the enactment of this Act.


Procedure to track classified material following removal from a sensitive compartmented information facility

The Director of National Intelligence shall ensure there is established a mandatory procedure under which any classified material removed from a sensitive compartmented information facility shall be documented and tracked (including with respect to the physical location of such material) for a period beginning at the time of such removal and ending at such time as the Director may determine appropriate.