3.0.0 35 2023-01-11T13:15:53Z 2023-01-11T13:15:53Z House H HR 2009-01-06 111 ssga00 Homeland Security and Governmental Affairs Committee Senate Standing Reported by 2009-05-19T19:06:25Z Markup by 2009-04-01T18:58:18Z Referred to 2009-01-08T20:35:52Z hsgo00 Oversight and Accountability Committee House Standing Referred to 2009-01-06T17:23:40Z S. Rept. 111-21 2009-05-19 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 64. Calendars 2009-05-19 ssga00 Homeland Security and Governmental Affairs Committee Senate Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. With written report No. 111-21. Committee 2009-05-19 Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. With written report No. 111-21. Committee 14000 9 Library of Congress ssga00 Homeland Security and Governmental Affairs Committee 2009-04-01 ssga00 Homeland Security and Governmental Affairs Committee Senate Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably. Committee 2009-01-08 ssga00 Homeland Security and Governmental Affairs Committee Senate Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs. IntroReferral 2009-01-07 12:27:44 Motion to reconsider laid on the table Agreed to without objection. Floor H38310 2 House floor actions 2009-01-07 12:27:43 On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 359 - 58 (Roll no. 5). (text: CR H42-43) Floor H37300 2 House floor actions 5 https://clerk.house.gov/evs/2009/roll005.xml House 111 2009-01-07T17:27:43Z 1 2009-01-07 12:27:43 Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 359 - 58 (Roll no. 5).(text: CR H42-43) Floor 8000 9 Library of Congress 5 https://clerk.house.gov/evs/2009/roll005.xml House 111 2009-01-07T17:27:43Z 1 2009-01-07 12:00:04 Considered as unfinished business. (consideration: CR H49) Floor H30000 2 House floor actions 2009-01-07 10:37:30 At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed. Floor H37220 2 House floor actions 2009-01-07 10:26:05 DEBATE - The House proceeded with forty minutes of debate on H.R. 35. Floor H8D000 2 House floor actions 2009-01-07 10:26:04 Considered under suspension of the rules. (consideration: CR H42-45) Floor H30000 2 House floor actions 2009-01-07 10:25:46 Mr. Towns moved to suspend the rules and pass the bill. Floor H30300 2 House floor actions 2009-01-06 Referred to the House Committee on Oversight and Government Reform. IntroReferral H11100 2 House floor actions hsgo00 Oversight and Accountability Committee 2009-01-06 Introduced in House IntroReferral Intro-H 9 Library of Congress 2009-01-06 Introduced in House IntroReferral 1000 9 Library of Congress T000326 Rep. Towns, Edolphus [D-NY-10] EDOLPHUS TOWNS D NY 10 N I000056 Rep. Issa, Darrell E. [R-CA-49] DARRELL ISSA R CA E. 49 2009-01-06 True W000215 Rep. Waxman, Henry A. [D-CA-30] HENRY WAXMAN D CA A. 30 2009-01-06 True B001149 Rep. Burton, Dan [R-IN-5] DAN BURTON R IN 5 2009-01-06 True C001049 Rep. Clay, Wm. Lacy [D-MO-1] WM. CLAY D MO LACY 1 2009-01-06 True S000344 Rep. Sherman, Brad [D-CA-27] BRAD SHERMAN D CA 27 2009-01-06 True 2009-04-21T04:00:00Z H.R. 35, Presidential Records Act Amendments of 2009 http://www.cbo.gov/publication/20581 <p>Cost estimate for the bill as ordered reported by the Senate Committee on Homeland Security and Governmental Affairs on April 1, 2009</p> 2009-04-21T04:00:00Z H.R. 35, Presidential Records Act Amendments of 2009 https://www.cbo.gov/publication/20581 Cost estimate for the bill as ordered reported by the Senate Committee on Homeland Security and Governmental Affairs on April 1, 2009 Government Operations and Politics Administrative remedies Constitution and constitutional amendments Government information and archives National Archives and Records Administration Presidential administrations Presidents and presidential powers, Vice Presidents Government Operations and Politics 00 2009-01-06 Introduced in House 2009-01-12T14:37:25Z Presidential Records Act Amendments of 2009 - 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 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. Sets forth provisions that state when such a prohibition is inapplicable.

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.

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.]]>

81 2009-01-07 Passed House without amendment 2009-01-12T14:37:38Z (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 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 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.

]]> 01 2009-05-19 Reported to Senate with amendment(s) 2009-06-02T21:36:40Z 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).

]]> Presidential Records Act Amendments of 2009 Display Title Presidential Records Act Amendments of 2009 Official Title as Introduced 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 House IH Short Titles as Introduced Presidential Records Act Amendments of 2009 Short Titles as Reported to Senate Presidential Records Act Amendments of 2009 S Senate Short Titles as Passed House Presidential Records Act Amendments of 2009 H House Reported to Senate 2009-05-19T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111hr35rs/xml/BILLS-111hr35rs.xml Referred in Senate 2009-01-08T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111hr35rfs/xml/BILLS-111hr35rfs.xml Engrossed in House 2009-01-07T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111hr35eh/xml/BILLS-111hr35eh.xml Introduced in House 2009-01-06T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111hr35ih/xml/BILLS-111hr35ih.xml 2009-05-19 Placed on Senate Legislative Calendar under General Orders. Calendar No. 64. 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.