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NAGARA on EO 13233
There have been several postings in the past week or so about EO 13233.
Jeanne Young, President of NAGARA (National Association of Government
Archives and Records Administrators) also recently sent a letter expressing
concern to Rep. Stephen Horn. This letter is as follows:
November 9, 2001
Representative Stephen Horn
Chairman, Subcommittee on Government Efficiency
2154 Rayburn Office Building
Washington, DC 20515-0538
Via facsimile transmission: 202-226-1012
I am writing to express the profound dismay of the National
Association of Government Archives and Records Administrators (NAGARA)
at Executive Order 13233 on Presidential Papers. NAGARA is a
professional association of archivists and records administrators from
federal, state, and local government. The association provides a
forum for government archives and records professionals to share
information and work cooperatively to solve problems. In addition to
developing and advocating professional standards, it works to foster
awareness of the value of government archives and records programs and
to represent that community on important issues. The Presidential
Records Act, as written in 44 U.S.C. 2201-2207, makes Presidential
records the property of the United States government and charges the
Archivist of the United States with the responsibility for providing
access to these records. Executive Order 13233 wrests control of
Presidential records from the government and gives it to the sitting
President. The unfairness of this Executive Order is obvious to all.
Perhaps less obvious, it is unfair even to former Presidents, without
discrimination.
Especially disturbing, Section 10 provides for the designation of a
representative to act for the former President in instances of
disability or death. Failing the appointment of a representative by
the former President, his family may appoint a representative to act
for him. At issue here is not personal papers, nor is it campaign
materials. At issue is a body of federal records that have a legal
status in court so long as they are in the continuous custody of an
appropriate official of the federal government. For the most part, a
President's family members have not been elected officials of the
federal government. There is simply no requirement in Executive Order
13233 that the representative(s) or the family member(s) be elected
officials of the federal government, which would be possible, at
least, for former President George H. W. Bush and former President
Clinton.
NAGARA strongly urges the Congress, on behalf of the American people
and in defense of the free flow of information, ideas, and public
discourse that has characterized our nation since its foundation, to
assert its authority over Presidential records. Since September 11,
2001, our nation has been in a condition of emergency. President Bush
has characterized our struggle against terrorism as one of good
against evil. His claim that we, as a nation, embody those values that
best typify human freedom should not be bounded by a line around the
Oval Office.
In closing, I commend to you the members of NAGARA as an invaluable
resource to the members of Congress, their committees and their staff
members in matters relating to the administration of public records.
We are professionally trained, experienced in the practical policies
and procedures for implementing archival and records management
programs, and committed to the principles of public service and
government accountability. We will be happy to work with you at any
time to assist in crafting appropriate legislation and guidance to
identify, preserve, and make available the records of our common
public heritage.
Please enter these comments into the official record of the
Subcommittee.
Jeanne Young
President
NAGARA
____________________________________________________________________________
_______________________
C. Preston Huff, CRM, CA
State Records Administrator
The Library of Virginia
(804) 692-3607
phuff@lva.lib.va.us
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