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Presidential Records Act Amendments of 2007

To amend chapter 22 of title 44, United States Code, popularly known as the Presidential Records Act, to establish procedures for the consideration of claims of constitutionally based privilege against disclosure of Presidential records.

6/20/2007--Reported to Senate without amendment. (This measure has not been amended since it was reported to the House on March 9, 2007. The summary of that version is repeated here.) Presidential Records Act Amendments of 2007 - (Sec. 2) Amends the Presidential Records Act to require the more...Archivist of the United States, when making available any presidential record not previously made available publicly, to: (1) promptly provide written notice of such determination to the former President during whose term of office the record was created and the incumbent President; and (2) make the notice available to the public. Requires such a record to be made available upon the expiration of the 20-day period (excepting Saturdays, Sundays, and legal public holidays) beginning on the date the Archivist provides notice, except any record with respect to which the Archivist receives notification of a claim of constitutionally based privilege against disclosure from a former or incumbent President. Authorizes a former or an incumbent President to extend the period for not more than 20 additional days by filing with the Archivist a statement that such an extension is necessary to allow an adequate review of the record. Provides that if the period, or any extension of that period, would otherwise expire after January 19 and before July 20 of the year in which the incumbent President first takes office, then such period or extension shall expire on July 20 of that year. Requires: (1) any claim of constitutionally based privilege against disclosure to be asserted personally by a former or incumbent President; and (2) a former or incumbent President to notify the Archivist and specified Congressional committees of a privilege claim on the same day that the claim is asserted. Prohibits the Archivist from making 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 beginning on the date the Archivist is notified of the claim. Requires the Archivist, upon the expiration of such period, to make the record publicly available unless otherwise directed by a court order in an action initiated by the former President. Prohibits the Archivist from making publicly available a presidential record that is subject to a privilege claim asserted by the incumbent President unless: (1) the incumbent President withdraws the privilege claim; or (2) the Archivist is otherwise directed by a final court order that is not subject to appeal. Makes this provision inapplicable with respect to any presidential record required to be made available: (1) pursuant to a subpoena or other judicial process issued by a court for purposes of a civil or criminal investigation; or (2) to either House of Congress because such records contain information needed for the conduct of business that is otherwise not available. Directs the Archivist to adjust any otherwise applicable time period as necessary to comply with the return date of any congressional subpoena, judicial subpoena, or judicial process. Prohibits the Archivist from making available any original presidential records to anyone claiming access to them as a designated representative of a President or former President if that individual has been convicted of a crime relating to the review, removal, or destruction of the Archives' records. (Sec. 3) Provides that Executive Order number 13233, dated November 1, 2001 (establishing a process for review of presidential records and assertion of privilege claims) shall have no force or effect.
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Sponsor

• Rep. Henry Waxman [D, CA-30]
• and 14 Co-Sponsors
  • Rep. Gary Ackerman [D, NY-5]
  • Rep. Dan Burton [R, IN-5]
  • Rep. William Clay [D, MO-1]
  • Rep. Elijah Cummings [D, MD-7]
  • Rep. Bob Filner [D, CA-51]
  • Rep. Raul Grijalva [D, AZ-7]
  • Rep. Carolyn Maloney [D, NY-14]
  • Rep. Ronald Paul [R, TX-14]
  • Rep. Todd Platts [R, PA-19]
  • Rep. Edolphus Towns [D, NY-10]
  • Rep. Mark Udall [D, CO-2]
  • Rep. Christopher Van Hollen [D, MD-8]
  • Rep. Diane Watson [D, CA-33]
  • Rep. John Yarmuth [D, KY-3]
  close

Committees

• Senate Homeland Security and Governmental Affairs
• 2 more
  • House Oversight and Government Reform
  • House Oversight and Government Reform
  close

Amendments

This bill has no amendments.

Amendments to H.R.1255

Number	Status	Purpose

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Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
March 01, 2007		March 14, 2007

Related Bills:

• S.886

Related Issue Areas:

• Government information
• Archives
• Constitution
• Constitutional law
• 11 more
• Ex-presidents
• Executive orders
• Government paperwork
• Government publicity
• History
• Humanities
• Law
• Presidential privileges and immunities
• Presidential records
• Presidents
• Subpoena

In the News

October 02, 2007 Former presidents can't withhold records, court says

... Association and historian Stanley Kutler. A bill (HR 1255) that would overturn the executive order passed the House in March and is pending in the Senate.

Source: First Amendment Center, TN
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June 14, 2007 THE RIGHT TO KNOW: Bush wants presidential records sealed, but we ...

But the House version of the law, HR 1255, was approved by a veto-proof 333-93 vote in March. Senate Homeland Security Chairman Joseph Lieberman, I-Conn., ...

Source: Austin American-Statesman (subscription), TX
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March 22, 2007 LEGAL GUY: New House resolutions show a positive step for government

This first of the four resolutions passed was HR 1255, which passed with 333 yeas and only 93 nays. Titled “The Presidential Records Act Amendment,” the ...

Source: Texas State University - The University Star, TX
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Blog Coverage

May 04, 2008 RUSTY HICKS

Catcher Philadelphia, 1950-1963 Career Stats: .324 BA, 337 HR, 1255 RBI. Year, League, Honor. 1957, NL, All Star Reserve (C). 1958, NL, All Star Starter (C). 1960, NL, All Star Starter (C). Rusty Hicks.

Source: Lou Brock League Hall of Fame
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March 09, 2008 Bush Legacy 101: Etch the Fraud in Stone

HOMEWORK: Article by Joseph Wheelan "How to Game a Presidential Legacy" Executive Order #13233 on the White House website Track HR 1255, the bill to nullify EO #13233.

Source: perryvision
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March 03, 2008 I Just Love The Smell Of Fascism In The Morning…. Ford Models

There’sa ford models in the legislature right now (The Presidential Records Act Amendments of 2007 (HR 1255)), which would revoke EO 13233. It passed the House but has been blocked in the Senate. Bush has, of course, promised to ford ...

Source: The Parody
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