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United States · Bill · HR

H.R. 35 (111th)

Presidential Records Act Amendments of 2009

openUnited States· United States Congress· EN

Introduced

6 January 2009

Last action

Status

Placed on Senate Legislative Calendar under General Orders. Calendar No. 64.

Sponsors

Subjects

Discovery layer

Source updated

7 April 2025

Summary

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.

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Documents

11 official files

Reported to Senate (text)

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