HOUSE WASHINGTON November 4, 1982 MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS - AND AGENCIES SUBJECT: Procedures Governing Responses to Cengressional Requests for Information The_policy of this Administration is to comply with Congres? sional requests for information to the fullest extent consis? tent with the constitutional and statutory obligations of the Executive Branch. While this Administration, like its predee cessors, has an obligation to protect the confidentiality of some communications, executive privilege will be asserted only in the most compelling circumstances, and only after careful review demonstrates that assertion.of the privilege is neces? sary. Historically, good faith negotiations between Congress and the Executive Branch have minimized the need for invoking EXecutive privilege, and this tradition of accommodation should _continue as the primary means of resolving conflicts between the Branches. .To ensure_that every reasonable accommodation is made to the needs of executive privilege shall not be invoked without specific Presidential authoritation.r The Supreme Court has held that the Executive Branch may occa- sionally find it neCessary and proper to preserve the confiden? 'tiality of national security Secrets, deliberative communications that form a part of the decision?making process, or other infor- mation important to the discharge of the Executive Branch's con? stitutional responsibilities. Legitimate and appropriate claims of privilege should not thoughtlessly be waived. However, to en~ sure that this Administratidn acts responsibly and consistently in the exerciSe of its duties, with due regard for the responsi- bilities and prerogatives of Congress, the following procedures shall be followed whenever Congressional requests for information raise concerns regarding the confidentiality of the information sdught: 1. Congressional requests for information shall be complied with as and as fully as possible, unless it is determined that compliance raises a substantial question of eXecutive privilege.- A "substantial question of executive privilege" ex- ists if disclosure_of the informatiOn requested might significantly impair the national security (including the conduct of foreign relations), the deliberative processes of the Executive Branch or other aspects of the performance of the Executive Branch's constitutional duties. If the head of an executive department or agency ("Department Head") believes, after consultation with department counsel, that compliance with a Congressional request for information raises a substantial question of executive privilege, he shall notify and consult with the Attoru ney General through the Assistant Attorney General for the Office of Legal Counsel, and shall also notify and consult with the Counsel to the President. If the information requested of a department or agency derives in whole or in part from information received from another department or agency, the latter entity shall also be con? ?sulted as to whether disClosure of the information raises a substantial question of executive privilege. Every effort shall be made to comply with the Con? gressional request in a manner consistent.with the legitimate needs of the Executive Branch. The De? partment Head, the Attorney General and the Counsel to the President_may, in the exercise of their dis- cretion in the circumstances, determine that eXecu- tive privilege shall not be invoked and release the ?requested information. -vathc Department Head, the Attorney General or the Counsel to the President believes, after consulta- 'tion, that the circumstanCes justify invocation-of executive privilege, the issue shall be presented to the President by the Counsel to the President, who will advise the Department Head and the Attore ney General of the President's decision. Pending a final Presidential decision on the matter, the Department Head shall request the Congressional 'body to hold its request for the information in abeyance- The Department Head shall expressly in- dicate that the purpose of this request is to proe tect the privilege pending a Presidential decision, and that the request itself does not constitute a claim of privilege. 'If the President decides to invoke executive privilege, the Department Head shall advise the its-m. - WI .I mu -3- _requesting Congressional body that the claim of executive privilege is being made with the specific approval of the President. Any questions concerning these procedures or related matters should be addressed to the Attorney General, through the Assis? tant Attorney General for the Office of Legal Counsel, and to the Counsel to the President. I 3.4-