Presidential Records Act Amendments of 2007

A bill 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 introduced. The summary has been expanded because action occurred on the measure.) Presidential Records Act Amendments of 2007 -
(Sec. 2) Amends the Presidential Records Act to require the 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

• Sen. Jeff Bingaman [D, NM]
• and 7 Co-Sponsors
  • Sen. John Cornyn [R, TX]
  • Sen. Dianne Feinstein [D, CA]
  • Sen. Patrick Leahy [D, VT]
  • Sen. Joseph Lieberman [I, CT]
  • Barack Obama
  • John Sununu
  • Sen. Sheldon Whitehouse [D, RI]
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Committees

• Senate Homeland Security and Governmental Affairs

Amendments

This bill has no amendments.

Amendments to S.886

Number	Status	Purpose

Bill Status

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

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All Bill Actions

• Jun 20, 2007: Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman without amendment. Without written report.
• Added to calendar on Jun 20, 2007: Placed on Senate Legislative Calendar under General Orders. Calendar No. 212..
• Jun 13, 2007: Committee on Homeland Security and Governmental Affairs. Ordered to be reported without amendment favorably.
• Added to calendar on Jun 13, 2007: Committee on Homeland Security and Governmental Affairs. Ordered to be reported without amendment favorably..
• Jun 13, 2007: Committee on Homeland Security and Governmental Affairs. Date of scheduled consideration. SD-342. 10:00 a.m.
• Mar 14, 2007: Sponsor introductory remarks on measure. (CR S3140-3141)
• Introduced on Mar 14, 2007.
• Mar 14, 2007: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
• Mar 14, 2007: Introductory remarks on measure. (CR S3140-3141)

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Related Bills:

• H.R.1255

Related Issue Areas:

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

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In the News

July 24, 2007 Editorial: Congress should challenge executive order

The Senate’s companion bill, S.886, enjoys strong bipartisan support, including the support of US Sen. John Cornyn, R-Texas. The legislation is needed to ...

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Source: Waco Tribune Herald, TX

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Blog Coverage

January 05, 2009 The Posterity Project: Weekly Roundup Special Edition ...

This report provides a brief overview of the federal presidential libraries system and tracks the progress of related legislation (H.R. 1254, H.R. 1255, H.R. 5811, S. 886)." Bush e-records: an update. L'Archivista - Jan 2, 2009 ...

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Source: The Posterity Project

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January 04, 2009 Presidential Libraries: The Federal System and Related Legislation ...

This report provides a brief overview of the federal presidential libraries system and tracks the progress of related legislation (H.R. 1254, H.R. 1255, H.R. 5811, S. 886). It will be updated as events recommend. Available Versions: ...

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January 03, 2009 ResourceShelf » Blog Archive » CRS Report — Presidential Libraries ...

This report provides a brief overview of the federal presidential libraries system and tracks the progress of related legislation (H.R. 1254, H.R. 1255, H.R. 5811, S. 886). It will be updated as events recommend. ...

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Source: ResourceShelf

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