NARA cannot assure complete transfer of Bush records

The impending transfer of Bush Administration records to the custody of the National Archives and Records Administration (NARA) will challenge the capacity of the Archives to absorb them because of their enormous volume and the diverse formats of various electronic records.

But there is also a fundamental question concerning the integrity of the transfer process, which relies on the good faith of executive branch officials and which can be subverted by design or neglect.

“There really is no practical way we know of for NARA to be assured that every document in paper or electronic form has been received from an agency,” Dr. Allen Weinstein, the former Archivist of the United States, told Congress last year (pdf, at p. 136).  “Nor can NARA police the records management practices of over 300 federal agencies to ensure that permanent records are not purposefully or unintentionally withheld from the National Archives. Federal agencies are expected to fulfill their statutory responsibilities.”

“NARA must rely on the agency records officers, other agency officials, and a vigilant public and press to inform us of any such failure to act,” he said.

As for presidential records in particular, Dr. Weinstein said “the incumbent President is solely responsible for ensuring that … components of the Executive Office of the President adhere to the records requirements set out in [the Presidential Records Act].”  Although the President is supposed to obtain the written views of the Archivist prior to any proposed destruction of non-permanent records, “the final disposal authority rests with the incumbent president… regardless of the Archivist's views.”

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