HR 4187 IH
107th CONGRESS 2d Session H. R. 4187
To amend chapter 22 of title 44, United States Code, popularly known as the Presidential Records Act, to establish procedures for the consideration of claims of constitutionally based privilege against disclosure of Presidential records. IN THE HOUSE OF REPRESENTATIVES
APRIL 11, 2002 Mr. HORN (for himself, Ms. SCHAKOWSKY, Mr. BURTON of Indiana, Mr. WAXMAN, Mr. OSE, Mr. FRANK, Mr. MCDERMOTT, Mr. UDALL of Colorado, Mr. BENTSEN, Mr. ALLEN, Mr. BLAGOJEVICH, Mr. CLAY, Mr. CUMMINGS, Mr. DAVIS of Illinois, Mr. KUCINICH, Mr. LANTOS, Mr. LYNCH, Mrs. MALONEY of New York, Ms. NORTON, Mr. OWENS, Mr. TOWNS, Mr. LATOURETTE, and Mr. BAIRD) introduced the following bill; which was referred to the Committee on Government Reform
A BILL
To amend chapter 22 of title 44, United States Code, popularly known as the Presidential Records Act, to establish procedures for the consideration of claims of constitutionally based privilege against disclosure of Presidential records. 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 Records Act Amendments of 2002'.
SEC. 2. PROCEDURES FOR CONSIDERATION OF CLAIMS OF CONSTITUTIONALLY BASED PRIVILEGE AGAINST DISCLOSURE.
(a) IN GENERAL- Chapter 22 of title 44, United States Code, is amended by adding at the end the following:
`Sec. 2208. Claims of constitutionally based privilege against disclosure
`(a)(1) When the Archivist determines under this chapter to make available to the public any Presidential record that has not previously been made available to the public, the Archivist shall--
`(A) promptly provide notice of such determination to--
`(i) the former President during whose term of office the record was created; and
`(ii) the incumbent President; and
`(B) make the notice available to the public.
`(2) The notice under paragraph (1)--
`(A) shall be in writing; and
`(B) shall include such information as may be prescribed in regulations issued by the Archivist.
`(3)(A) Upon the expiration of 20 days (excepting Saturdays, Sundays, and legal public holidays) following provision of notice under paragraph (1)(A), the Archivist shall make available to the public the record covered by the notice, except any record (or reasonably segregable part of a record) with respect to which the Archivist receives from a former President or the incumbent President a claim of constitutionally based privilege against disclosure that meets the requirements of paragraph (4).
`(B) The Archivist may extend the 20-day period for not more than 20 additional days (excepting Saturdays, Sundays, and legal public holidays) if the Archivist determines, based on a showing by the former President or the incumbent President, that such an extension is necessary to allow an adequate review of the record.
`(4) A claim of constitutionally based privilege against disclosure meets the requirements of this paragraph if it--
`(A) is in writing;
`(B) specifies the record (or reasonably segregable portion of a record) to which the claim applies;
`(C) is signed by the former President or incumbent President making the claim; and
`(D) states the nature of the privilege and the specific grounds for the claim.
`(b) The Archivist shall provide a copy of each claim of constitutionally based privilege against disclosure of a Presidential record--
`(1) to the person seeking the record, if any;
`(2) to the chairman and ranking minority member of each of the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate; and
`(3) upon request, to any member of the public.
`(c)(1) The Archivist shall not release a Presidential record that is subject to a privilege claim submitted by a former President until the expiration of the 20-day period (excluding Saturdays, Sundays, and legal public holidays) beginning on the date the Archivist receives the claim.
`(2) Upon the expiration of such period the Archivist shall make the record publicly available unless otherwise directed by a court order in an action initiated by the former President under section 2204(e).
`(d)(1) The Archivist shall not release a Presidential record that is subject to a privilege claim submitted by the incumbent President unless--
`(A) the incumbent President withdraws the privilege claim; or
`(B) the Archivist is otherwise directed by a final court order that is not subject to appeal.
`(2) This subsection shall not apply with respect to any Presidential record required to be made available under section 2205(2)(A) or (C).
`(e) The Archivist shall adjust any otherwise applicable time period under this section as necessary to comply with the return date of any congressional subpena, judicial subpena, or judicial process.'.
(b) CONFORMING AMENDMENTS- (1) Section 2204(d) of title 44, United States Code, is amended by inserting `, except section 2208,' after `chapter'.
(2) Section 2207 of title 44, United States Code, is amended in the second sentence by inserting `, except section 2208,' after `chapter'.
(c) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 22 of title 44, United States Code, is amended by adding at the end the following:
`2208. Claims of constitutionally based privilege against disclosure.'.
SEC. 3. EXECUTIVE ORDER OF NOVEMBER 1, 2001.
Executive Order number 13233, dated November 1, 2001 (66 Fed. Reg. 56025), shall have no force or effect.