THE WHITE HOUSE
Washington
July 30, 2009

MEMORANDUM FOR ALL EXECU .IVE DEPARTMENT AND AGENCY HEADS

 
  

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FROM: GREGORY CRAI 
COUNSEL TO 

SUBJECT: CONGRESSIONAL REQUESTS FOR INFORMATION

This memorandum sets forth the overall policy of this Administration with respect to
congressional information requests to departments and agencies and describes the procedures
that should be followed when departments and agencies receive congressional requests for
information concerning White House communications or deliberations.

This Administration will follow the longstanding policy of the Executive Branch, as set forth in
the November 4, 1982 memorandum from President Reagan to the heads of departments and
agencies (COpy attached), to comply with congressional requests for information to the fullest
extent consistent with the constitutional and statutory obligations of the Executive Branch.

Congressional requests to departments and agencies for information reflecting deliberations
within the White House or communications to or from the White House should be handled
according to the procedures set forth below. These procedures are designed to ensure that this
Administration acts responsibly and consistently with respect to White House confidentiality
interests, with due regard for the responsibilities and prerogatives of Congress:

Est, a department or agency receiving a request for any document created in the White House
(including a White House policy council) or any document created in a department or agency
that reflects the deliberations of, or communications to or from, White House officials, should
notify the Office of the Counsel to the President. In addition, that department or
agency should notify the White House Of?ce of Legislative Affairs of the congressional request.

Second, the Office of the Counsel to the President, together with the department or agency (and,
where appropriate, the Department of Justice), will work with appropriate congressional
representatives to determine whether a mutually satisfactory accommodation is available.

 

1mg, if efforts to reach a mutually satisfactory accommodation are unsuccessful, and if release
of the document would pose a substantial question of executive privilege, the Counsel to the
President will consult with the Attorney General and the affected departments and agencies to
determine whether to recommend that the President invoke the privilege.

We believe that these procedures will facilitate the resolution of issues relating to disclosures to

Congress and will maximize the opportunity for reaching mutually satisfactory accommodations
with Congress. We will try to cooperate with reasonable congressional requests for information
in ways that preserve the President?s ability to discharge his constitutional responsibilities.

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