H.R.35 - Presidential Records Act Amendments of 2009

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. view all titles (4)

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All Bill Titles

  • Short: Presidential Records Act Amendments of 2009 as passed house.
  • Official: 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. as introduced.
  • Short: Presidential Records Act Amendments of 2009 as introduced.
  • Short: Presidential Records Act Amendments of 2009 as reported to senate.

Bill's Views

  • Today: 12
  • Past Seven Days: 91
  • All-Time: 6,353
 
Introduced
 
House
Passed
 
Senate
Passes
 
President
Signs
 

 
01/05/09
 
01/07/09
 
 
 
 
 

Official Bill Text Comment on about 12 Pages
 

Latest Vote

Result: Passed - January 07, 2009

Roll call number 5 in the House

Question: On Motion to Suspend the Rules and Pass: H R 35 Presidential Records Act Amendments

Required percentage of 'Aye' votes: 2/3 (66%)
Percentage of 'aye' votes: 83%
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Democrats Voting 'Aye'

Neil Abercrombie
Rep. Gary Ackerman [D, NY-5]
John Adler
Rep. Jason Altmire [D, PA-4]
Rep. Robert Andrews [D, NJ-1]
Michael Arcuri
Rep. Joe Baca [D, CA-43]
Brian Baird
Rep. Tammy Baldwin [D, WI-2]
Rep. John Barrow [D, GA-12]
Melissa Bean
Rep. Xavier Becerra [D, CA-31]
Rep. Shelley Berkley [D, NV-1]
Rep. Howard Berman [D, CA-28]
Robert Berry
Rep. Sanford Bishop [D, GA-2]
Rep. Timothy Bishop [D, NY-1]
John Boccieri
Rep. Dan Boren [D, OK-2]
Rep. Leonard Boswell [D, IA-3]
Allen Boyd
Rep. Robert Brady [D, PA-1]
Rep. Bruce Braley [D, IA-1]
Bobby Bright
Rep. Corrine Brown [D, FL-3]
Rep. George Butterfield [D, NC-1]
Rep. Lois Capps [D, CA-23]
Rep. Michael Capuano [D, MA-8]
Rep. Dennis Cardoza [D, CA-18]
Rep. Russ Carnahan [D, MO-3]
Christopher Carney
Rep. André Carson [D, IN-7]
Rep. Kathy Castor [D, FL-11]
Rep. Ben Chandler [D, KY-6]
Travis Childers
Rep. Yvette Clarke [D, NY-11]
Rep. William Clay [D, MO-1]
Rep. Emanuel Cleaver [D, MO-5]
Rep. James Clyburn [D, SC-6]
Rep. Steve Cohen [D, TN-9]
Rep. Gerald Connolly [D, VA-11]
Rep. John Conyers [D, MI-14]
Rep. Jim Cooper [D, TN-5]
Rep. Jim Costa [D, CA-20]
Rep. Jerry Costello [D, IL-12]
Rep. Joe Courtney [D, CT-2]
Rep. Joseph Crowley [D, NY-7]
Rep. Henry Cuellar [D, TX-28]
Rep. Elijah Cummings [D, MD-7]
Kathleen Dahlkemper
Rep. Danny Davis [D, IL-7]
Artur Davis
Rep. Susan Davis [D, CA-53]
Lincoln Davis
Rep. Peter DeFazio [D, OR-4]
Rep. Diana DeGette [D, CO-1]
William Delahunt
Rep. Rosa DeLauro [D, CT-3]
Rep. Norman Dicks [D, WA-6]
Rep. John Dingell [D, MI-15]
Rep. Lloyd Doggett [D, TX-25]
Rep. Joe Donnelly [D, IN-2]
Rep. Michael Doyle [D, PA-14]
Steve Driehaus
Rep. Donna Edwards [D, MD-4]
Thomas Edwards
Rep. Keith Ellison [D, MN-5]
Brad Ellsworth
Rep. Eliot Engel [D, NY-17]
Rep. Anna Eshoo [D, CA-14]
Bob Etheridge
Rep. Sam Farr [D, CA-17]
Rep. Chaka Fattah [D, PA-2]
Rep. Bob Filner [D, CA-51]
Bill Foster
Rep. Barney Frank [D, MA-4]
Rep. Marcia Fudge [D, OH-11]
Rep. Gabrielle Giffords [D, AZ-8]
Sen. Kirsten Gillibrand [D, NY]
Rep. Charles Gonzalez [D, TX-20]
Barton Gordon
Alan Grayson
Rep. Al Green [D, TX-9]
Rep. Raymond Green [D, TX-29]
Rep. Raul Grijalva [D, AZ-7]
John Hall
Deborah Halvorson
Phil Hare
Rep. Jane Harman [D, CA-36]
Rep. Alcee Hastings [D, FL-23]
Rep. Martin Heinrich [D, NM-1]
Rep. Brian Higgins [D, NY-27]
Baron Hill
Rep. James Himes [D, CT-4]
Rep. Maurice Hinchey [D, NY-22]
Rep. Rubén Hinojosa [D, TX-15]
Rep. Mazie Hirono [D, HI-2]
Paul Hodes
Rep. Tim Holden [D, PA-17]
Rep. Rush Holt [D, NJ-12]
Rep. Michael Honda [D, CA-15]
Rep. Steny Hoyer [D, MD-5]
Rep. Jay Inslee [D, WA-1]
Rep. Steve Israel [D, NY-2]
Rep. Jesse Jackson [D, IL-2]
Rep. Sheila Jackson-Lee [D, TX-18]
Rep. Eddie Johnson [D, TX-30]
Rep. Henry Johnson [D, GA-4]
Steve Kagen
Paul Kanjorski
Rep. Marcy Kaptur [D, OH-9]
Patrick Kennedy
Rep. Dale Kildee [D, MI-5]
Carolyn Kilpatrick
Mary Jo Kilroy
Ann Kirkpatrick
Rep. Larry Kissell [D, NC-8]
Ron Klein
Suzanne Kosmas
Frank Kratovil
Rep. Dennis Kucinich [D, OH-10]
Rep. James Langevin [D, RI-2]
Rep. Rick Larsen [D, WA-2]
Rep. John Larson [D, CT-1]
Rep. Barbara Lee [D, CA-9]
Rep. Sander Levin [D, MI-12]
Rep. John Lewis [D, GA-5]
Rep. Daniel Lipinski [D, IL-3]
Rep. David Loebsack [D, IA-2]
Rep. Zoe Lofgren [D, CA-16]
Rep. Nita Lowey [D, NY-18]
Rep. Ben Luján [D, NM-3]
Rep. Stephen Lynch [D, MA-9]
Daniel Maffei
Rep. Carolyn Maloney [D, NY-14]
Betsy Markey
Rep. Edward Markey [D, MA-7]
James Marshall
Eric Massa
Rep. Jim Matheson [D, UT-2]
Rep. Doris Matsui [D, CA-5]
Rep. Carolyn McCarthy [D, NY-4]
Rep. Betty McCollum [D, MN-4]
Rep. James McDermott [D, WA-7]
Rep. James McGovern [D, MA-3]
Rep. Mike McIntyre [D, NC-7]
Michael McMahon
Rep. Jerry McNerney [D, CA-11]
Kendrick Meek
Rep. Gregory Meeks [D, NY-6]
Charles Melancon
Rep. Michael Michaud [D, ME-2]
Rep. Bradley Miller [D, NC-13]
Rep. George Miller [D, CA-7]
Walter Minnick
Harry Mitchell
Alan Mollohan
Dennis Moore
Rep. Gwen Moore [D, WI-4]
Rep. James Moran [D, VA-8]
Patrick Murphy
Rep. Christopher Murphy [D, CT-5]
John Murtha
Rep. Grace Napolitano [D, CA-38]
Rep. Richard Neal [D, MA-2]
Glenn Nye
James Oberstar
David Obey
Rep. John Olver [D, MA-1]
Solomon Ortiz
Rep. Frank Pallone [D, NJ-6]
Rep. William Pascrell [D, NJ-8]
Rep. Edward Pastor [D, AZ-4]
Rep. Donald Payne [D, NJ-10]
Rep. Ed Perlmutter [D, CO-7]
Thomas Perriello
Rep. Gary Peters [D, MI-9]
Rep. Collin Peterson [D, MN-7]
Rep. Chellie Pingree [D, ME-1]
Rep. Jared Polis [D, CO-2]
Earl Pomeroy
Rep. David Price [D, NC-4]
Rep. Nick Rahall [D, WV-3]
Rep. Silvestre Reyes [D, TX-16]
Rep. Laura Richardson [D, CA-37]
Ciro Rodriguez
Rep. Mike Ross [D, AR-4]
Rep. Steven Rothman [D, NJ-9]
Rep. Lucille Roybal-Allard [D, CA-34]
Rep. Dutch Ruppersberger [D, MD-2]
Rep. Bobby Rush [D, IL-1]
Rep. Timothy Ryan [D, OH-17]
John Salazar
Rep. Loretta Sanchez [D, CA-47]
Rep. Linda Sánchez [D, CA-39]
Rep. John Sarbanes [D, MD-3]
Rep. Janice Schakowsky [D, IL-9]
Mark Schauer
Rep. Adam Schiff [D, CA-29]
Rep. Kurt Schrader [D, OR-5]
Rep. Allyson Schwartz [D, PA-13]
Rep. Robert Scott [D, VA-3]
Rep. David Scott [D, GA-13]
Rep. José Serrano [D, NY-16]
Joe Sestak
Carol Shea-Porter
Rep. Brad Sherman [D, CA-27]
Rep. Heath Shuler [D, NC-11]
Rep. Albio Sires [D, NJ-13]
Ike Skelton
Rep. Louise Slaughter [D, NY-28]
Rep. Adam Smith [D, WA-9]
Zachary Space
Rep. Jackie Speier [D, CA-12]
John Spratt
Rep. Fortney Stark [D, CA-13]
Bart Stupak
Rep. Betty Sutton [D, OH-13]
John Tanner
Ellen Tauscher
Gene Taylor
Harry Teague
Rep. Michael Thompson [D, CA-1]
Rep. Bennie Thompson [D, MS-2]
Rep. John Tierney [D, MA-6]
Dina Titus
Rep. Paul Tonko [D, NY-21]
Rep. Edolphus Towns [D, NY-10]
Rep. Niki Tsongas [D, MA-5]
Rep. Christopher Van Hollen [D, MD-8]
Rep. Nydia Velázquez [D, NY-12]
Rep. Peter Visclosky [D, IN-1]
Rep. Timothy Walz [D, MN-1]
Rep. Debbie Wasserman Schultz [D, FL-20]
Diane Watson
Rep. Melvin Watt [D, NC-12]
Rep. Henry Waxman [D, CA-30]
Rep. Anthony Weiner [D, NY-9]
Rep. Peter Welch [D, VT-0]
Robert Wexler
Charles Wilson
Rep. Lynn Woolsey [D, CA-6]
Rep. David Wu [D, OR-1]
Rep. John Yarmuth [D, KY-3]
Close

Republicans Voting 'Aye'

Rep. Rodney Alexander [R, LA-5]
Rep. Steve Austria [R, OH-7]
Rep. Spencer Bachus [R, AL-6]
Rep. Roscoe Bartlett [R, MD-6]
Rep. Judy Biggert [R, IL-13]
Rep. Brian Bilbray [R, CA-50]
Rep. Gus Bilirakis [R, FL-9]
Rep. Rob Bishop [R, UT-1]
Sen. Roy Blunt [R, MO]
Rep. Mary Bono Mack [R, CA-45]
Sen. John Boozman [R, AR]
Rep. Kevin Brady [R, TX-8]
Henry Brown
Virginia Brown-Waite
Rep. Vern Buchanan [R, FL-13]
Rep. Michael Burgess [R, TX-26]
Rep. Dan Burton [R, IN-5]
Stephen Buyer
Rep. Ken Calvert [R, CA-44]
Rep. David Camp [R, MI-4]
Rep. Eric Cantor [R, VA-7]
Anh Cao
Rep. Shelley Capito [R, WV-2]
Michael Castle
Rep. Howard Coble [R, NC-6]
Rep. Mike Coffman [R, CO-6]
Rep. Tom Cole [R, OK-4]
Rep. Ander Crenshaw [R, FL-4]
Rep. John Culberson [R, TX-7]
Rep. Charles Dent [R, PA-15]
Rep. Mario Diaz-Balart [R, FL-21]
Lincoln Diaz-Balart
Rep. David Dreier [R, CA-26]
Rep. John Duncan [R, TN-2]
Vernon Ehlers
Rep. Jo Ann Emerson [R, MO-8]
Rep. Jeffrey Fortenberry [R, NE-1]
Rep. Rodney Frelinghuysen [R, NJ-11]
Rep. Jim Gerlach [R, PA-6]
Rep. Louis Gohmert [R, TX-1]
Rep. Robert Goodlatte [R, VA-6]
Parker Griffith
Rep. Brett Guthrie [R, KY-2]
Rep. Gregg Harper [R, MS-3]
Sen. Dean Heller [R, NV]
Rep. Walter Herger [R, CA-2]
Peter Hoekstra
Rep. Darrell Issa [R, CA-49]
Rep. Lynn Jenkins [R, KS-2]
Rep. Timothy Johnson [R, IL-15]
Rep. Walter Jones [R, NC-3]
Sen. Mark Kirk [R, IL]
Rep. Leonard Lance [R, NJ-7]
Rep. Thomas Latham [R, IA-4]
Rep. Steven LaTourette [R, OH-14]
Rep. Robert Latta [R, OH-5]
Rep. Christopher Lee [R, NY-26]
Rep. Jerry Lewis [R, CA-41]
Rep. Frank LoBiondo [R, NJ-2]
Rep. Frank Lucas [R, OK-3]
Rep. Blaine Luetkemeyer [R, MO-9]
Rep. Cynthia Lummis [R, WY-0]
Rep. Kenny Marchant [R, TX-24]
Rep. Kevin McCarthy [R, CA-22]
Rep. Michael McCaul [R, TX-10]
Rep. Tom McClintock [R, CA-4]
Rep. Thaddeus McCotter [R, MI-11]
John McHugh
Rep. Cathy McMorris Rodgers [R, WA-5]
Rep. John Mica [R, FL-7]
Rep. Jeff Miller [R, FL-1]
Rep. Candice Miller [R, MI-10]
Sen. Jerry Moran [R, KS]
Rep. Tim Murphy [R, PA-18]
Rep. Devin Nunes [R, CA-21]
Rep. Ronald Paul [R, TX-14]
Rep. Erik Paulsen [R, MN-3]
Rep. Thomas Petri [R, WI-6]
Rep. Todd Platts [R, PA-19]
Rep. Bill Posey [R, FL-15]
Adam Putnam
George Radanovich
Rep. Dave Reichert [R, WA-8]
Rep. Phil Roe [R, TN-1]
Rep. Harold Rogers [R, KY-5]
Rep. Dana Rohrabacher [R, CA-46]
Rep. Peter Roskam [R, IL-6]
Rep. Ileana Ros-Lehtinen [R, FL-18]
Rep. Edward Royce [R, CA-40]
Rep. Paul Ryan [R, WI-1]
Rep. Steve Scalise [R, LA-1]
Rep. Jean Schmidt [R, OH-2]
Rep. Aaron Schock [R, IL-18]
Rep. James Sensenbrenner [R, WI-5]
Rep. John Shimkus [R, IL-19]
Rep. Michael Simpson [R, ID-2]
Rep. Christopher Smith [R, NJ-4]
Rep. Adrian Smith [R, NE-3]
Mark Souder
Rep. Clifford Stearns [R, FL-6]
Rep. John Sullivan [R, OK-1]
Rep. Lee Terry [R, NE-2]
Rep. Glenn Thompson [R, PA-5]
Todd Tiahrt
Rep. Patrick Tiberi [R, OH-12]
Rep. Michael Turner [R, OH-3]
Rep. Frederick Upton [R, MI-6]
Rep. Greg Walden [R, OR-2]
Zach Wamp
Rep. Edward Whitfield [R, KY-1]
Rep. Addison Wilson [R, SC-2]
Rep. Rob Wittman [R, VA-1]
Rep. Frank Wolf [R, VA-10]
Rep. Bill Young [R, FL-10]
Rep. Donald Young [R, AK-0]
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Others Voting 'Aye'

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Others Voting 'Abstain'

 

Official Summary

5/19/2009--Reported to Senate amended. Presidential Records Act Amendments of 2009 - (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 wr
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Official Summary

5/19/2009--Reported to Senate amended. Presidential Records Act Amendments of 2009 -

(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 60-day period after 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 30 additional days by filing 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 that:
(1) any claim of constitutionally based privilege against disclosure of a presidential record must be asserted personally by a former or incumbent President; and
(2) a former or incumbent President must notify the Archivist and specified congressional committees of a privilege claim on the day it is asserted. Requires the Archivist to:
(1) consult with the incumbent President to determine whether the incumbent President will uphold any claim of constitutionally based privilege against disclosure made by a former President; and
(2) notify the former President and the public regarding such determination. 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 90-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)

Nullifies Executive Orders 12667, dated January 1, 1989, and 13233, dated November 1, 2001 (both establishing a process for review of presidential records and assertion of privilege claims).

...Read the Rest

Organizations Supporting H.R.35

  • American Library Association
  • National Coalition for History
  • Sunlight Foundation

Organizations Opposing H.R.35

  • None via MapLight at this time.
See the money trail behind this bill for more info on how campaign contributions may be influencing senators' and representatives' votes.


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