Executive Order 13233 - Response

Response

There have been three separate attempts to repeal Order 13233, the latest of which, while still ongoing, is now moot. In 2002, shortly after Order 13233 went into effect, a bipartisan group of U.S. House of Representatives members, led by Stephen Horn (R-CA), Dan Burton (R-IN), Jan Schakowsky (D-IL), and Henry Waxman (D-CA) wrote and debated a bill aimed at repealing Order 13233, thereby restoring Order 12667 to full force and effect. The bill passed the House Committee on Oversight and Government Reform, which was chaired by Burton at the time, but never saw floor action.

On March 1, 2007, a subcommittee of the Committee on Government Reform held a hearing on bill H.R. 1255, the Presidential Records Act Amendments of 2007. This bill was also introduced by Waxman, and its goal was again to void Order 13233. At the hearing, several historians argued that Order 13233 has severely curtailed public access to presidential records and added to delays in obtaining materials from presidential libraries. The bill was reported favorably by the full committee, and on March 14, 2007, the House passed the bill in an overwhelmingly bipartisan vote of 333-93. The bill also passed on June 13, 2007 in a Senate committee, but was never brought to the floor for a vote, reportedly due to a hold placed on the measure by Senator Jim Bunning (R-KY). As a result, the bill died when the 110th Congress ended.

On January 7, 2009, the House of the 111th Congress passed H.R. 35, introduced by Edolphus Towns (D-NY), section 3 of which would, if enacted, negate Order 13233. The bill was co-sponsored by Dan Burton (R-IN), Darrell Issa (R-CA), Henry Waxman (D-CA), William Clay (D-MO), and Brad Sherman (D-CA). The bill died in the Senate Committee on Homeland Security and Governmental Affairs.

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