Further Implementation of the Presidential Records Act

This executive order establishes procedures for former and incumbent Presidents to review and assert constitutionally based privileges over Presidential records after the 12-year restricted access period expires. It gives both former and incumbent Presidents veto power over disclosure of privileged records to FOIA requesters, requires the incumbent President to generally concur with the former President's privilege decisions, and replaces the previous Reagan-era framework with a more protective process.

Federal Register Open PDF 66 FR 56025

Impact dates

Jan 30, 2002
Former President review of records for non-burdensome requests
Nov 22, 2001
Incumbent President indicates privilege decision after former President for Congressional/court requests

Key directives

Revoke Executive Order 12667
Archivist must notify former and incumbent Presidents of FOIA requests for Presidential records
Former President has up to 90 days to review non-burdensome requests
Incumbent President must generally concur in former President's privilege decisions
Both Presidents must agree before records are released if either asserts privilege
Former President or family may designate representative to act after death or disability
Order applies to Vice Presidential records with limitations
Congressional and court access rights preserved but subject to same dual-review process

Who is ordered

Timeline

Immediate

Revocation of Executive Order 12667
New privilege review procedures take effect for pending and future requests

Near term (90d)

Former Presidents must review records 'as expeditiously as possible, and for no longer than 90 days' for non-burdensome requests

Long term

Ongoing application to records as they pass the 12-year threshold
Potential litigation over privilege claims
Precedent for executive branch control over historical records

Risks & tensions

Creates practical 'dual veto' where either President can block disclosure indefinitely, even if other favors release
Shifts balance toward secrecy by requiring incumbent to 'concur' with former President rather than independently evaluate
May chill historical research and accountability by extending procedural barriers
Vague 'as expeditiously as possible' standard for review timing (text unclear if this is additional to or separate from 90-day cap)
Judicial review provision (Section 12) limits enforceability by requesters, potentially insulating process from legal challenge
Family designation of representative after death extends control beyond former President's lifetime