Executive Order 13233: Further Implementation of the Presidential Records Act
President: George W. Bush
Set procedures for incumbent and former presidents to review requested presidential records and assert constitutionally based privileges before the National Archives released them.
Status: Revoked.
Is Executive Order 13233 still in effect? No. Revoked January 21, 2009; one provision previously invalidated by court.
What does Executive Order 13233 do?
The order assigned these duties: Archivist — Notify presidents and withhold access during prescribed review; Former President — Review records and state a privilege or access decision.
Compared the privilege-review steps with the signed order, the 2007 American Historical Association decision and EO 13489. The court invalidated section 3(b)’s open-ended extension mechanism; the 2009 order later revoked EO 13233, and Congress amended the Act in 2014.
Before and after
Before the order
EO 12667 governed privilege review under the Presidential Records Act with a shorter notice-and-review structure.
After the order
NARA implemented the order for Reagan and George H.W. Bush records. In 2007 a district court invalidated section 3(b)’s open-ended extension mechanism as contrary to the Act while leaving other challenges unripe. EO 13489 revoked the order in 2009; Congress amended the Act in 2014.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Archivist | Notify presidents and withhold access during prescribed review | For covered requests |
| Former President | Review records and state a privilege or access decision | Generally no longer than 90 days for non-burdensome requests |
| Incumbent President | Decide whether to concur and instruct the Archivist | Under the review process |
| Former and incumbent presidents | State decisions on congressional or court requests | Within 21 days at each stage, subject to extensions |
What happened next
EO 13233 signed.
American Historical Association v. NARA invalidated section 3(b)’s indefinite extension.
EO 13489 revoked EO 13233.
Congress codified notice and privilege-review procedures.
Court status
See the court documents in Sources by type.
Legal and source detail
How it works legally
The Presidential Records Act controlled access and review. The 2007 judgment held only the section 3(b) extension provision unlawful; it did not resolve every constitutional challenge. The 2009 revocation now controls the order’s status.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- National Archives — access history (opens in a new tab) Official record
- EO 13489 — revocation (opens in a new tab) Order text
- 2014 Presidential Records Act amendments (opens in a new tab) Official record
How we checked this
Last checked against the sources above on October 2, 2026. How we research →