Accountability and Transparency
Beginning in January 2007, the new Democratic-led 110th Congress took numerous steps to begin to change the way we do business in Washington and to restore accountability and transparency to government. For example, the 110th Congress enacted the most sweeping ethics and lobbying reforms since Watergate, including banning gifts from lobbyists, prohibiting the use of corporate jets, and requiring full disclosure of earmarks; established an independent, bipartisan Office of Congressional Ethics; banned pensions for Members of Congress convicted of certain crimes; and strengthened the Freedom of Information Act to increase government transparency.
Now, the 111th Congress will continue to focus on government reform and restoring accountability and openness. On January 7, the House passed two key government reform bills that were passed by the House in the 110th Congress but were never acted upon in the Senate: the Presidential Records Act Amendments, which restores meaningful public access to presidential records by nullifying a 2001 Bush executive order, and the Presidential Library Donation Reform Act, which requires the disclosure of big donors to presidential libraries.
Presidential Records Act Amendments
H.R. 35, the Presidential Records Act Amendments of 2009, restores meaningful public access to former presidents’ official papers, nullifying a 2001 Bush executive order that gave current and former presidents (and their heirs), as well as former vice presidents, broad authority to withhold presidential documents or delay their release indefinitely. Below are some of the bill’s key provisions.
Overturning the Bush Executive Order. Under the Presidential Records Act of 1978, presidential records are supposed to be released to historians and the public 12 years after the end of a presidential administration. However, in November 2001, President George W. Bush issued Executive Order 13233 which overturned an executive order issued by President Reagan and gave current and former presidents and vice presidents broad authority to withhold presidential records or delay their release indefinitely. This legislation would nullify the Bush executive order and establish procedures to ensure the timely release of presidential records.
Establishing a Deadline for Review for Records. Under the Bush executive order, the Archivist must wait for both the current and former president to approve the release of presidential records, a review process that can continue indefinitely. Under the bill, the current and former president would have a set time period of no longer than 40 business days to raise objections to the release of these records by the Archivist.
Limiting the Authority of Former Presidents to Withhold Presidential Records. In effect, the Bush executive order has given former presidents virtually unlimited authority to withhold presidential records through assertions of executive privilege. The legislation would restore key provisions of the Reagan executive order, giving the incumbent president the discretion to reject ill-founded assertions of executive privilege by former presidents.
Requiring the President to Make Privilege Claims Personally. Under the Bush executive order, designees of the former president can assert privilege claims after the death of the president, in effect making the right to assert executive privilege an asset of the former president’s estate. The bill would make clear that the right to claim executive privilege is personal to current and former presidents and cannot be bequeathed to assistants, relatives, or descendents.
Eliminating Executive Privilege Claims for Vice Presidents. In an unprecedented step, the Bush executive order authorized former vice presidents to assert executive privilege claims over vice presidential records. The bill would restore the long-standing understanding that the right to assert executive privilege over presidential records is a right held only by presidents.
Presidential Library Donation Reform Act
H.R. 36, the Presidential Library Donation Reform Act of 2009, requires the disclosure of donors who contribute over $200 to presidential libraries during a president’s term and for a minimum of four years after the president’s term ends. Below are some of the bill’s key provisions.
Requiring Disclosure of Donations. Presidential libraries are built using private funds raised by an organization or foundation working on behalf of the president. Under current law, donations for the presidential library can be unlimited in size and are not required to be disclosed. The bill would require that all organizations established for the purpose of raising funds for presidential libraries or their related facilities report on a quarterly basis all contributions of $200 or more.
Duration of the Disclosure Requirement. Under the legislation, organizations fundraising for presidential libraries would be required to disclose their donations while the president is in office and during the period before the library has been completed and the National Archives has taken possession of the library. The bill would set a minimum reporting period of four years after the end of a president’s term.
Making Information about Donations Publicly Accessible. Under the bill, presidential library fundraising organizations would be required to disclose to Congress and the Archivist the amount and date of each contribution, the name of the contributor, and if the contributor is an individual, the occupation of the contributor. The National Archives would be required to make the information available to the public through a free, searchable, and downloadable database on the Internet.