Presidential Records: Issues for the 111th Congress

Most records of recent former Presidents and former Vice Presidents are required by statute to be turned over to the National Archives and Records Administration at the end of each administration. These records are then disclosed to the public, unless the Archivist of the United States, the incumbent President, or the appropriate former President claims the records should be kept private. On his first full day in office, President Barack Obama issued an executive order (E.O. 13489), rescinding E.O. 13233, changing substantially the presidential record preservation policies promulgated by the George W. Bush Administration. E.O. 13489 grants the incumbent President and the relevant former Presidents 30 days to review records prior to their being released to the public. Under the policies of the Bush Administration, the incumbent President, former Presidents, former Vice Presidents, and their designees were granted broad authority to deny access to presidential documents or to delay their release indefinitely. Moreover, former Presidents had 90 days to review whether requested documents should be released. Prior to President Obamas issuance of E.O. 13489, legislation was introduced in the 111th Congress (H.R. 35) that would statutorily rescind the executive order (E.O. 13233) issued by former President George W. Bush. E.O. 13233 allowed the incumbent President as well as former Presidents whose records were affected to withhold from public disclosure the records of former Presidents and Vice Presidents or to delay their release indefinitely under claims of executive privilege. In addition to statutorily overturning E.O. 13233, H.R. 35 would reduce the time a President would have review his records prior to their public release. This report will analyze President Barack Obamas E.O. 13489, and discuss its departure from the policies of the previous administration. Additionally, this report will examine H.R. 35 and its possible legislative effects on the presidential records policies of the Obama Administration.

Source: Congressional Research Service, Library of Congress

Download full pdf report | Link to online abstract