I 
111TH CONGRESS 
1ST SESSION 
H. R. 35 
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 
JANUARY 6, 2009 
Mr. TOWNS (for himself, Mr. ISSA, Mr. WAXMAN, Mr. BURTON of Indiana, 
Mr. CLAY, and Mr. SHERMAN) introduced the following bill; which was 
referred to the Committee 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 2009’’. 
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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 20-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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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 con-
stitutionally based privilege against disclosure under sub-
section (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, 
Sundays, and legal public holidays) by filing with the Ar-
chivist 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 ex-
pire after January 19 and before 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, any claim of 
constitutionally based privilege against disclosure must be 
asserted personally by a former President or the incum-
bent President, as applicable. 
‘‘(2) A former President or the incumbent President 
shall notify the Archivist, the Committee on Oversight and 
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Government Reform of the House of Representatives, and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate of a privilege claim under paragraph 
(1) on the same day that the claim is asserted under para-
graph (1). 
‘‘(c)(1) The Archivist shall not make publicly avail-
able 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 notified of 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 make publicly avail-
able 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). 
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