I 
112TH CONGRESS 
1ST SESSION H. R. 3071 
To amend chapter 22 of title 44, United States Code, popularly known 
as the Presidential Records Act, to establish procedures for the consider-
ation of claims of constitutionally based privilege against disclosure of 
Presidential records. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2011 
Mr. TOWNS (for himself, Mr. CUMMINGS, Mrs. MALONEY, Ms. NORTON, Mr. 
KUCINICH, Mr. TIERNEY, Mr. CLAY, Mr. LYNCH, Mr. COOPER, Mr. CON-
NOLLY of Virginia, Mr. QUIGLEY, Mr. DAVIS of Illinois, Mr. BRALEY of 
Iowa, Mr. WELCH, Mr. YARMUTH, Mr. MURPHY of Connecticut, and Ms. 
SPEIER) introduced the following bill; which was referred to the Com-
mittee on Oversight and Government Reform 
A BILL 
To amend chapter 22 of title 44, United States Code, popu-
larly known as the Presidential Records Act, to establish 
procedures for the consideration of claims of constitu-
tionally based privilege against disclosure of Presidential 
records. 
Be it enacted by the Senate and House of Representa-
tives 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 2011’’. 
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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 fol-
lowing: 
‘‘§ 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 deter-
mination 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 the 60-day period (ex-
cepting Saturdays, Sundays, and legal public holidays) be-
ginning on the date the Archivist provides notice under 
paragraph (1)(A), the Archivist shall make available to the 
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regable part of a record) subject to the claim publicly 
available unless— 
‘‘(i) the incumbent President withdraws the de-
cision upholding the claim of privilege asserted by 
the former President; or 
‘‘(ii) the Archivist is otherwise directed by a 
final court order that is not subject to appeal. 
‘‘(C) If the incumbent President determines not to 
uphold the claim of privilege asserted by the former Presi-
dent, or fails to make the determination under paragraph 
(1) before the end of the period specified in subparagraph 
(A), the Archivist shall release the Presidential record sub-
ject to the claim at the end of the 90-day period beginning 
on the date on which the Archivist received notification 
of the claim, unless otherwise directed by a court order 
in an action initiated by the former President under sec-
tion 2204(e) of this title or by a court order in another 
action in Federal court. 
‘‘(d) The Archivist shall not make publicly available 
a Presidential record (or reasonably segregable part of a 
record) that is subject to a privilege claim asserted by the 
incumbent President unless— 
‘‘(1) the incumbent President withdraws the 
privilege claim; or 
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‘‘(2) the Archivist is otherwise directed by a 
final court order that is not subject to appeal. 
‘‘(e) The Archivist shall adjust any otherwise applica-
ble time period under this section as necessary to comply 
with the return date of any congressional subpoena, judi-
cial subpoena, or judicial process.’’. 
(b) RESTRICTIONS.—Section 2204 of title 44, United 
States Code (relating to restrictions on access to presi-
dential records) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(f) The Archivist shall not make available any origi-
nal presidential records to any individual claiming access 
to any presidential record as a designated representative 
under section 2205(3) if that individual has been convicted 
of a crime relating to the review, retention, removal, or 
destruction of records of the Archives.’’. 
(c) 
CONFORMING
AMENDMENTS.—(1) 
Section 
2204(d) of title 44, United States Code, is amended by 
inserting ‘‘, except section 2208,’’ after ‘‘chapter’’. 
(2) Section 2205 of title 44, United States Code, is 
amended by inserting ‘‘and 2208’’ after ‘‘2204’’. 
(3) Section 2207 of title 44, United States Code, is 
amended in the second sentence by inserting ‘‘, except sec-
tion 2208,’’ after ‘‘chapter’’. 
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(d) 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.’’. 
(e) RULE
OF
CONSTRUCTION.—Nothing in the 
amendment made by subsection (c)(3) shall be construed 
to— 
(1) affect the requirement of section 2207 of 
title 44, United States Code, that Vice Presidential 
records shall be subject to chapter 22 of that title 
in the same manner as Presidential records; or 
(2) affect any claim of constitutionally based 
privilege by a President or former President with re-
spect to a Vice Presidential record. 
Æ 
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