IB 
Union Calendar No. 491
107TH CONGRESS 
2D SESSION 
H. R. 4187
[Report No. 107–790] 
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 
APRIL 11, 2002
Mr. HORN (for himself, Ms. SCHAKOWSKY, Mr. BURTON of Indiana, Mr. 
WAXMAN, Mr. OSE, Mr. FRANK, Mr. MCDERMOTT, Mr. UDALL of Colo-
rado, 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 
NOVEMBER 22, 2002
Additional spnosors: Mr. BALDACCI, Mr. GILMAN, Mr. GEORGE MILLER of 
California, Mr. VISCLOSKY, Mr. DEFAZIO, Mr. ROEMER, Mr. SANDERS, 
Mr. NADLER, Ms. HOOLEY of Oregon, Mr. SNYDER, Ms. VELA´ZQUEZ, 
Mr. BARRETT, Mr. PAUL, Mr. PRICE of North Carolina, Mr. DOGGETT, 
Mr. SPRATT, Mr. TIERNEY, Mr. INSLEE, Mr. ENGEL, Ms. WATSON, Mrs. 
MORELLA, and Ms. LOFGREN
Deleted sponsor: Mr. SHAYS (added April 23, 2002; deleted May 20, 2002) 
NOVEMBER 22, 2002
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on April 11, 2002] 
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 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: 
‘‘§ 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 determina-
tion 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 20-day period 
(excepting Saturdays, Sundays, and legal public holidays) 
beginning on the date the Archivist provides 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 notification of a claim of constitu-
tionally based privilege against disclosure under subsection 
(b). 
‘‘(B) A former President or the incumbent President 
may extend the period under subparagraph (A) once for not 
more than 20 additional days (excepting Saturdays, Sun-
days, and legal public holidays) by filing with the Archivist
a statement that such an extension is necessary to allow 
an adequate review of the record. 
‘‘(C) Notwithstanding subparagraphs (A) and (B), if 
the period under subparagraph (A), or any extension of that 
period under subparagraph (B), would otherwise expire be-
tween January 19 and July 20 of the year in which the 
incumbent President first takes office, then such period or 
extension, respectively, shall expire on July 20 of that year. 
‘‘(b)(1) For purposes of this section, a claim of con-
stitutionally based privilege against disclosure shall be as-
serted personally by a former President or the incumbent 
President, as applicable. 
‘‘(2) A former President or the incumbent President 
shall notify the Archivist, the Committee on Government 
Reform of the House of Representatives, and the Committee 
on Governmental Affairs of the Senate of a privilege claim 
under paragraph (1) on the same day that the claim is as-
serted under paragraph (1). 
‘‘(c)(1) The Archivist shall not make publicly available 
a Presidential record that is subject to a privilege claim 
asserted 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 is noti-
fied of the claim.
‘‘(2) Upon the expiration of such period the Archivist 
shall make the record publicly available unless otherwise di-
rected by a court order in an action initiated by the former 
President under section 2204(e). 
‘‘(d)(1) The Archivist shall not make publicly available 
a Presidential record that is subject to a privilege claim 
asserted 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 applica-
ble time period under this section as necessary to comply 
with the return date of any congressional subpoena, judicial 
subpoena, 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 sec-
tion 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.
Union Calendar No. 491
107TH CONGRESS 
2D SESSION 
H. R. 4187
[Report No. 107–790] 
A BILL 
To amend chapter 22 of title 44, United States 
Code, popularly known as the Presidential 
Records Act, to establish procedures for the con-
sideration of claims of constitutionally based 
privilege 
against 
disclosure 
of 
Presidential 
records. 
NOVEMBER 22, 2002
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed