I
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 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. WAX-
MAN, 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, 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 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 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 re-
ceives from a former President or the incumbent President
a claim of constitutionally based privilege against disclo-
sure 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 deter-
mines, 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 para-
graph if it—
‘‘(A) is in writing;
‘‘(B) specifies the record (or reasonably seg-
regable portion of a record) to which the claim ap-
plies;
‘‘(C) is signed by the former President or in-
cumbent 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 pe-
riod (excluding Saturdays, Sundays, and legal public holi-
days) 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 applica-
ble 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 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.
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