IIB 
111TH CONGRESS 
1ST SESSION 
H. R. 35 
IN THE SENATE OF THE UNITED STATES 
JANUARY 8, 2009 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Presidential Records 
Act Amendments of 2009’’. 
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. 
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‘‘(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 
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 
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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 
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 
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‘‘(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, 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 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.’’. 
SEC. 3. EXECUTIVE ORDER OF NOVEMBER 1, 2001. 
Executive Order No. 13233, dated November 1, 2001 
(66 Fed. Reg. 56025), shall have no force or effect. 
Passed the House of Representatives January 7, 
2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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