Presidential Records Act Amendments of 2007

3.0.0 886 2023-01-12T17:52:43Z 2023-01-12T17:52:43Z Senate S S 2007-03-14 110 ssga00 Homeland Security and Governmental Affairs Committee Senate Standing Reported by 2007-06-20T21:35:35Z Markup by 2007-06-13T15:39:27Z Referred to 2007-03-14T22:39:20Z Presidential Records Act Amendments of 2007 110 1255 HR 2007-06-20 Placed on Senate Legislative Calendar under General Orders. Calendar No. 213. Related bill CRS Companion bill Senate Related bill House 2007-06-20 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 212. Calendars 2007-06-20 ssga00 Homeland Security and Governmental Affairs Committee Senate Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman without amendment. Without written report. Committee 2007-06-20 Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman without amendment. Without written report. Committee 14000 9 Library of Congress ssga00 Homeland Security and Governmental Affairs Committee 2007-06-13 ssga00 Homeland Security and Governmental Affairs Committee Senate Committee on Homeland Security and Governmental Affairs. Ordered to be reported without amendment favorably. Committee 2007-03-14 ssga00 Homeland Security and Governmental Affairs Committee Senate Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S3141) IntroReferral 2007-03-14 Sponsor introductory remarks on measure. (CR S3140-3141) IntroReferral B00100 9 Library of Congress 2007-03-14 Introduced in Senate IntroReferral 10000 9 Library of Congress B000468 Sen. Bingaman, Jeff [D-NM] JESSE BINGAMAN D NM FRANCIS N L000174 Sen. Leahy, Patrick J. [D-VT] Patrick Leahy D VT 2007-03-14 True S001078 Sen. Sununu, John E. [R-NH] John Sununu R NH E. 2007-03-21 False F000062 Sen. Feinstein, Dianne [D-CA] Dianne Feinstein D CA 2007-03-21 False C001056 Sen. Cornyn, John [R-TX] John Cornyn R TX 2007-05-01 False O000167 Sen. Obama, Barack [D-IL] Barack Obama D IL 2007-09-04 False L000304 Sen. Lieberman, Joseph I. [ID-CT] JOSEPH LIEBERMAN ID CT I. 2007-10-17 False W000802 Sen. Whitehouse, Sheldon [D-RI] Sheldon Whitehouse D RI 2008-07-29 False 2007-06-18T04:00:00Z S. 886, Presidential Records Act Amendments of 2007 http://www.cbo.gov/publication/18769 <p>Cost estimate for the bill as ordered reported by the Senate Committee on Homeland Security and Governmental Affairs on June 13, 2007</p> 2007-06-18T04:00:00Z S. 886, Presidential Records Act Amendments of 2007 https://www.cbo.gov/publication/18769 Cost estimate for the bill as ordered reported by the Senate Committee on Homeland Security and Governmental Affairs on June 13, 2007 Government Operations and Politics Archives Arts, Culture, Religion Constitutional law Crime and Law Enforcement Ex-offenders Ex-presidents Executive orders Government paperwork Government publicity History Law Presidential privileges and immunities Presidential records Subpoena Government Operations and Politics

00 2007-03-14 Introduced in Senate 2007-05-31T17:33:06Z Presidential Records Act Amendments of 2007 - 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 to the incumbent President; and (2) make the notice available to the public.

Requires such a record to be made available upon the expiration of a specified period, except any record with respect to which the Archivist receives notification from a former or incumbent President of a claim of constitutionally based privilege against disclosure. Authorizes a former or an incumbent President to extend such period for a specified time. Requires: (1) any claim 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.

Prohibits the Archivist from making available any original presidential records to any individual claiming access to any presidential record as a designated representative if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of records of the Archives.

Provides that Executive Order 13233, dated November 1, 2001 (establishing a process for review of presidential records and assertion of privilege claims), shall have no force or effect.]]>

80 2007-06-20 Reported to Senate without amendment 2007-07-28T17:47:13Z (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.]]>

Presidential Records Act Amendments of 2007 Display Title Presidential Records Act Amendments of 2007 Official Title as Introduced 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. Introduced in Senate IS Short Titles as Introduced Presidential Records Act Amendments of 2007 Short Titles as Reported to Senate Presidential Records Act Amendments of 2007 S Senate Reported to Senate 2007-06-20T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110s886rs/xml/BILLS-110s886rs.xml Introduced in Senate 2007-03-14T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110s886is/xml/BILLS-110s886is.xml 2007-06-20 Placed on Senate Legislative Calendar under General Orders. Calendar No. 212. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.