由宪法和美利坚合众国的宪法和法律归属于我的权力，并建立了关于宪法基础的特权的政策和程序，包括宪法的特权，包括那些适用于反映军事，外交或国家安全秘密，总统沟通，法律咨询，法律工作或总统和总统顾问的审议进程的总统记录，并以与最高法院的决定一致的方式这样做nixon v。常规服务管理员，433 U.S.425（1977）和其他案例，特此订购如下： EXECUTIVE ORDER 13233
FURTHER IMPLEMENTATION OF THE PRESIDENTIAL RECORDS ACT
Section 1. Definitions.
For purposes of this order:
(a) "Archivist" refers to the Archivist of the United States or his designee.
(b) "Presidential records" refers to those documentary materials maintained by the National Archives and Records Administration pursuant to the Presidential Records Act, 44 U.S.C. 2201-2207.
（c）“前总统”是指前任总统期间的期限或办公室特别总统记录的条款。
秒。2. Constitutional and Legal Background.
(a) For a period not to exceed 12 years after the conclusion of a Presidency, the Archivist administers records in accordance with the limitations on access imposed by section 2204 of title 44. After expiration of that period, section 2204(c) of title 44 directs that the Archivist administer Presidential records in accordance with section 552 of title 5, the Freedom of Information Act, including by withholding, as appropriate, records subject to exemptions (b)(1), (b)(2), (b)(3), (b)(4), (b)(6), (b)(7), (b)(8), and (b)(9) of section 552. Section 2204(c)(1) of title 44 provides that exemption (b)(5) of section 552 is not available to the Archivist as a basis for withholding records, but section 2204(c)(2) recognizes that the former President or the incumbent President may assert any constitutionally based privileges, including those ordinarily encompassed within exemption (b)(5) of section 552. The President's constitutionally based privileges subsume privileges for records that reflect: military, diplomatic, or national security secrets (the state secrets privilege); communications of the President or his advisors (the presidential communications privilege); legal advice or legal work (the attorney-client or attorney work product privileges); and the deliberative processes of the President or his advisors (the deliberative process privilege).
（b）在nixon v。常规服务管理员最高法院为总统的机密沟通特权提出了宪法基础：“除非[总统]可以向他的顾问提供一些保密，一所总统无法预期会收到完整和坦率的事实和意见的班事有效履行职责取决于。“433 U.S.在448-49。法院引用了宪法公约的先例，其记录在“公约后30多年封存”。ID。在447 N.11。根据那些先例和原则，法院裁定宪法基于宪法的职权，就总统“幸存[]个人总统任期”。ID。在449年。虽然不再是政府官员，但是，法院还召开了一个前任政府官员，可以向政府主席团的总统纪录声明宪法的特权，并明确拒绝了“只有现任总统可以断言总统职位的职位”的论点。“ID。 at 448.
(c) The Supreme Court has held that a party seeking to overcome the constitutionally based privileges that apply to Presidential records must establish at least a "demonstrated, specific need" for particular records, a standard that turns on the nature of the proceeding and the importance of the information to that proceeding. See美国v。尼克松, 418 U.S. 683, 713 (1974). Notwithstanding the constitutionally based privileges that apply to Presidential records, many former Presidents have authorized access, after what they considered an appropriate period of repose, to those records or categories of records (including otherwise privileged records) to which the former Presidents or their representatives in their discretion decided to authorize access. Seenixon v。常规服务管理员, 433 U.S. at 450-51.
秒。3. Procedure for Administering Privileged Presidential Records.
Consistent with the requirements of the Constitution and the Presidential Records Act, the Archivist shall administer Presidential records under section 2204(c) of title 44 in the following manner:
(一)档案管理员矩形后,在适当的时候eives a request for access to Presidential records under section 2204(c)(1), the Archivist shall provide notice to the former President and the incumbent President and, as soon as practicable, shall provide the former President and the incumbent President copies of any records that the former President and the incumbent President request to review.
（b）前总统应尽快审查这些记录后，尽可能迅速地审查这些记录，并不超过90天的候选人。档案家不得允许在此期间或前总统要求延长审查时间的审查期间获得记录。
(c) After review of the records in question, or of any other potentially privileged records reviewed by the former President, the former President shall indicate to the Archivist whether the former President requests withholding of or authorizes access to any privileged records.
（d）与前总统对记录的审查同时，现任总统或其指定人还可以审查有关的记录，或者可以使用其他其他程序，而现任总统认为是否适合决定是否在前总统的决定中讨论。请求扣缴或授权访问记录。
(1) When the former President has requested withholding of the records:
秒。4.现任总统并发。(i) If under the standard set forth in section 4 below, the incumbent President concurs in the former President's decision to request withholding of records as privileged, the incumbent President shall so inform the former President and the Archivist. The Archivist shall not permit access to those records by a requester unless and until the incumbent President advises the Archivist that the former President and the incumbent President agree to authorize access to the records or until so ordered by a final and nonappealable court order.
（2）前总统已授权获取记录：(ii) If under the standard set forth in section 4 below, the incumbent President does not concur in the former President's decision to request withholding of the records as privileged, the incumbent President shall so inform the former President and the Archivist. Because the former President independently retains the right to assert constitutionally based privileges, the Archivist shall not permit access to the records by a requester unless and until the incumbent President advises the Archivist that the former President and the incumbent President agree to authorize access to the records or until so ordered by a final and nonappealable court order.
（i）如果根据下文第4条规定的标准，现任总统在前总统授权获取记录的决定时，档案论者应允许请求者获取记录。
（ii）（ii）如果在下文第4条规定的标准下，现任总统在前总统授权获取记录的决定不同意，现任总统可以独立命令档案论坛扣留特权记录。在这种情况下，档案论者不得允许请求者获得记录，除非现任总统建议前任总统和现任总统同意授权获取记录或由最终和不可破坏的法院订购的档案命令。
缺乏引人注目的情况，现任总统会根据第2204（C）（1）条的访问请求，同意前总统的特权决定。当事命总统在前总统审议前总统要求扣缴宪法依据宪法范围内时，现任总统将支持在任何特权索赔受到挑战的论坛上的特权索赔。
秒。5.现任总统获得访问权限。
This order does not expand or limit the incumbent President's right to obtain access to the records of a former President pursuant to section 2205(2)(B).
秒。6. Right of Congress and Courts to Obtain Access.
这个订单不扩大或限制的权利a court, House of Congress, or authorized committee or subcommittee of Congress to obtain access to the records of a former President pursuant to section 2205(2)(A) or section 2205(2)(C). With respect to such requests, the former President shall review the records in question and, within 21 days of receiving notice from the Archivist, indicate to the Archivist his decision with respect to any privilege. The incumbent President shall indicate his decision with respect to any privilege within 21 days after the former President has indicated his decision. Those periods may be extended by the former President or the incumbent President for requests that are burdensome. The Archivist shall not permit access to the records unless and until the incumbent President advises the Archivist that the former President and the incumbent President agree to authorize access to the records or until so ordered by a final and nonappealable court order.
秒。7. No Effect on Right to Withhold Records.
此订单不会限制前总统或现任总统在宪法，法规或法规提供的任何地面上扣留记录的权利。
秒。8.在12年期间扣留特权记录。
In the period not to exceed 12 years after the conclusion of a Presidency during which section 2204(a) and section 2204(b) of title 44 apply, a former President or the incumbent President may request withholding of any privileged records not already protected from disclosure under section 2204. If the former President or the incumbent President so requests, the Archivist shall not permit access to any such privileged records unless and until the incumbent President advises the Archivist that the former President and the incumbent President agree to authorize access to the records or until so ordered by a final and nonappealable court order.
秒。9. Establishment of Procedures.
This order is not intended to indicate whether and under what circumstances a former President should assert or waive any privilege. The order is intended to establish procedures for former and incumbent Presidents to make privilege determinations.
秒。10. Designation of Representative.
The former President may designate a representative (or series or group of alternative representatives, as the former President in his discretion may determine) to act on his behalf for purposes of the Presidential Records Act and this order. Upon the death or disability of a former President, the former President's designated representative shall act on his behalf for purposes of the Act and this order, including with respect to the assertion of constitutionally based privileges. In the absence of any designated representative after the former President's death or disability, the family of the former President may designate a representative (or series or group of alternative representatives, as they in their discretion may determine) to act on the former President's behalf for purposes of the Act and this order, including with respect to the assertion of constitutionally based privileges.
秒。11. Vice Presidential Records.
（a）根据美国守则第44条第2207条，总统记录法适用于副总统的执行记录。根据第（b）和（c）款，该订单也应适用于须遵守任何宪法的特权，以至于前副总统可能有权调用，而是在尊重下对于此类记录，向前总统的本命令的参考资料亦认为是对有关前副总统的借鉴。
（b）（a）款不应被视为授权副总统或前副总统举行副总统，以援引总统或前总统的任何宪法特权，除非该主席或前总统授权。
(c) Nothing in this section shall be construed to grant, limit, or otherwise affect any privilege of a President, Vice President, former President, or former Vice President.
秒。12. Judicial Review.
该命令旨在改善行政部门的内部管理，并非旨在通过针对美国的前总统或其指定代表以外的缔约方创造任何权利或福利，实质性或程序，执法，其代理商，其官员或任何人。
秒。13. Revocation.
Executive Order 126671989年1月18日，被撤销。
GEORGE W. BUSH
THE WHITE HOUSE,
November 1, 2001.