H.R. 13364

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP10T01930R000500160015-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 14
• Document Creation Date: December 22, 2016
• Document Release Date: October 17, 2012
• Sequence Number: 15
• Publication Date: June 29, 1978
• Content Type: OPEN SOURCE

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STAT STAT
STAT
II Date
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95TH CONGRESS 19
2D SESSION H. 13364
JUNE 29, 1978 1
Mr. PREYER '(for himself, Mt. BRADE31AS, and'Mr\. ERTEL) introduced the fol-
lowing bill; which was referred jointly to the Committees on House
i. ? !'Administration and ; Government Operations
To amend title 44 to insure the preserya.tion-of and public access
to the official records of the. President, and. for other purposes.
Be it enacted, by the Senate and House, o f R,epresenta-
^3 That this Act may be cited.as the "Presidential Records Act
IN TIIE HOUSE OF REPIIESENTATIVES
tines of the United States of America in. Congress assembled,
of ,1978"
5 RECORDS MANAGEMENT, PRESERVATION, AND ,,PUBLIC
AVAILABILITY
SEC. _2. (a) Title 44 of the United :States Code is
amended by.adding immediately after chapter 21 the follow-
0) r.
9. , ing new chapter :
I
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1 "Chapter 22> PRESIDENTIAL RECORDS
"2205. Exceptions to restriction on access.
"2206. Regulations.
"2207. Vice-Presidential records.
"See.
"2201. Definitions.
"2202. Ownership of Presidential records.
"2203. Management and custody of Presidential records.
"2204. Restrictions on access to Presidential records.
2201. Definitions
"As used in this chapter-
(1) The term `documentary material' means all
books, correspondence, memorandums, documents, pa-
pers, pamphlets, works of art, models, pictures, photo-
graphs, plates, maps, films, and motion pictures, includ-
ing, but not limited to, audio, audiovisual, or other
9 electronic or mechanical recordations.
10 " (2) The term `Presidential records' means docu-
11 mentary materials created or received by the President,
12 his immediate staff, or a 'unit or individual of the P+ xeeu-
13 tive Office of the President whose function isto advise
14 and assist the President, in the 'course of 'conducting
activities which relate to or have"an effect upon the
carrying out of the constitutional, statutory, or other
official or ceremonial duties of the President. Such term-
18 "(A) includes any documentary materials re-
lating to the political activities of the President or
members of'his staff, but only if such activities relate
to or have an effect upon the carrying out of con-
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4 '. . ,
3
stitutional, statutory, or other official -or ceremonial
duties of the President; but
`f (B) does not include any documentary ma-
terials that are (i) official reQazds:. of an agency
(as defined in section, 552 (e) of, title 5, United
States Code) (ii) personal records; (iii) stocks
of publications and stationery; or (iv) extra copies
s of documents produced only for , convenience of
9 reference, when such copies are clearly so identified.
10 "(3) The term `personal records' means all docu-
11 mentary materials, of a purely private, or nonpublic
12 character which do not relate to or have an effect upon
13. . the carrying ? .out of the constitutional, statutory, or
14 other official or ceremonial duties of the President.
15 Such term includes
16 " (A) diaries, journals, or other personal notes
17 serving as the functional equivalent of a diary
18 or journal which are not prepared or utilized for,
19 ?t, or 'circulated or communicated in the course of,
20' transacting Gover nrilent business, and
21 " (B) materials relating to private political
22 associations,- and having no relation to or effect upon
23 the carrying out of. constitutional, statutory, or
24- other' 'official or, ceremonial 'duties of the President.
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"'(4)-The 'term .`Archivist' means the Archivist
2 of the United States.
3.1 "?.2202. Ownership-of Presidential records
"The United, States shall reserve and retain complete
:..51 odznership,. possession, and control of'Presidential records;
4 and(:such. records shalle!be administered in accordance with
7 - the provisions., of this chapter.
8 2203. Management and custody of Presidential records
.4 (a) Through the implementation of records manage-
10.mel'It -controls and other necessary actions, the President
11 shall take such ' steps, as may be, necessary to assure that the
121" activities;': deliberations, decisions,' and policies that reflect
13 the performance . of his constitutional, statutory, or other
1-4. official or' ceremonial duties are adequately documented and
15 that such records are maintained as Presidential records pur-
16 scant to the requirements of "this'section and other provisions
i 7I of law.
(b)? Docunrentaiy materials produced or received by
161~ the President; his, staff, or units or 'individuals in the Execu-
20 Live Office of the President the -function 'of which is to advise
21 and assist the President,- shall, to the extent practicable, be
22, categorized as Presidential records or personal records upon
23' their creation!'or receipt and be filed separately.
24" (e )' During ,his term of office, the President may dis-
25 pose of those of his Presidential records that no longer have
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1 , administrative, historical, informational, or evidelitiary'valu;e,
2 if-
3 " (1) the President obtains the' views,. in writing,
4 of the Archivist concerning the proposed disposal sched-
? 5 ule of such Presidential i ecor'ds; and-, 6 . " (2) copies ? of such, disposal schedule and ' of such
7 views are submitted to each House of .the Congress at
8 least sixty days in advance of the proposed disposal date.
-9 " (d) (1) Upon the conclusion of a President's term,of
10 office, the Archivist of the United States shall 'assume re=
11 s onsibility for the custody, control; and preservation of,
12 and access to, the Presidential records of., that President.
13 " (2) The Archivist shall deposit all such Presidential
14 records in a Presidential archival depository or another
15 archival facility operated by the United States. The Archivist
16 is authorized to designate, after consultation with the Presi-
17 dent, a director at each despository or facility, rho shall be
18 responsible for the care and preservation of sil-ch?_records..
19 " (3) The Archivist is authorized to dispose of such Pres-
20 idential records which he has appiaised and, determined to
21 have insufficient administrative, historical, informational, or
22 evidentiary value to warrant their continued. preservation.
23 Notice of such disposal shall be published 'in,-the Federal
24 Register at least sixty days in advance 'of the',proposed dis:
25 -posal date. Publication of such notice shall constitute a final
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1 agency action for purposes of review under chapter, 7 of
2 title 5, United 'States Code.
3 "?2204. Restrictions on access to Presidential records
4 " (a) Prior to the conclusion of his term of office, the
5 President shall specify durations, not to exceed ten years, for
6 which access shall be restricted with respect to information,
7 in a Presidential record, within one or more of the following
8 categories
9 " (1) (A) specifically authorized under criteria es-
10 tablished by an Executive-order to be kept secret in the
11 interest of national defense or foreign policy and :(P) in
12 fact properly classified pursuant to such Executive order;
13 "-(2) relating to appointments to executive or judi-
1 4 cial positions ;
15 " (3) specifically exempted from disclosure by stat-
16 ute (other than sections 552 and 552b of title 5,United
17 States Code) , provided that such statute (A) - requires
1s that the material be withheld from the public.in such a
19 manner as to leave no discretion on the issue, or (B) es-
20 tablishes particular criteria for withholding or refers to
21 particular types of material to be withheld; . "
22 " (4) trade secrets and commercial or financial in-
23 formation obtained from a person and privileged or
24 confidential ;
25 " (5) confidential communications requesting or
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submitting advice, between the President and his ad-
visers, or between such advisers; or
" (6) personnel and medical files and similar files
the disclosure of which would constitute a clearly un-
warranted invasion of personal privacy.
""(b) (1) `' Any Presidential record or reasonably seg-
regable portion thereof containing information within a cate-
8 gory restricted by the President under 'subsection (a) shall
9 be so designated by the Archivist and access thereto shall be
10 restricted until the earlier of-
11 " (A) (i) the date on which such President waives
12 the restriction on disclosure of such record, or
13 " (ii) the expiration of the duration specified under
14 subsection (a) for the category of information on the
1.5 basis of which access to such record has been restricted;
16 or
17 " (B) upon a determination by the Archivist that
18 such record or reasonably segregable portion thereof,
19 or any significant element or aspect of the information
20 contained in such record or reasonably segregable por-
21 lion thereof, has been placed in the public domain
22 -through publication by such President or his aides or
23 associates.
24 " (2) Any such record which does not contain infor-
25 mation within a' category restricted by the President under
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1 subsection (a) , or contains information within such a cate-
2 gory for which the duration of restricted access has expired,
3 shall be exempt from disclosure under the provisions of sub-
4 section (c) until the earlier of-
5 " (A) the date which is five years after the date on
6 which the Archivist obtains custody of such record pur-
suant to section 2203 (d) (1) ; or
" (B) the date on which the. Archivist completes
the processing and organization of such records or in-
10 tegral file segment thereof.
11 " (3) During the period of restricted access specified
12 pursuant to subsection (b) (1), (A) - the determination
13 whether access to a Presidential record or reasonably segre-
14 gable portion thereof shall be restricted, shall- be made by the
15, Archivist, in. his discretion,, after consultation with such
16 President, and, during such period, such determinations shall
1-71 not be subject to judicial review.
18 "(c) Subject to the limitations on access imposed pur-
19 ' suant to subsections (a) and (b) , Presidential records . shall
20 be administered in accordance with section 552 of title 5,
21 United States Code, and for the purposes of such section such
22 records shall be deemed to be records of the General Services
23 Administration. Access to such records shall be granted on
24 nondiscriminatory terms.
25 "(d). Upon the death or disability 'of a President or for-
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1. liter President, any discretion or authority the President may
2 have had under this chaptei shall be exercised by the Archi-
3 vist unless otherwise previously provided by the President in
4 a written notice to the Archivist. ' . ? ,
5 "? 2205. Exceptions to restricted 'access '. -
6 " (a) Notwithstanding any restrictions on access imposed
;7' pursuant to section 2204- . ' `
8 , "0) the Archivist and persons employed by the
1 '9 -,-Archivist engaged in the performance of normal :arehi-
10 val work shall be permitted access to Presidential, rec-
11 ords in the custody of the Archivist;,
12 ? " (12) . subject to ' any'rights, defenses; or privileges
13 which the\United: States' or any other agency or person
14, . may invoke, Presidential records shall be subject to
1,5 subpena or other judicial. process, rissued 'by a court of
16 competent jurisdiction for the purposes of any, criminal
17-1 ' investigation or proceeding; ' . r. ,
18 "(3) such records shall be available=
19 "(A) to an incumbent President if such rec-
20 - : , ords contain information ifeeded for the conduct of
21' , current business of His office which is not otherwise
22 available;,and
23 "(B-) to either House of Congress, or;- to the.
24 . ' extent' of matter within its jurisdiction, any commit-
25 tee .Cr subcommittee thereof if such` records contain
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information needed for the conduct of its business
2 which is not otherwise available; and
3 " (4) the Presidential records of a former President
4 shall be available to such former President or his desig-
5 hated representative:
6 "? 2206. Regulations
7 "The Archivist shall promulgate in accordance with
.8 section 553, of title 5, United States Code., regulations nec-
essary to carry out the provisions of this chapter which
10 shall include-
11 " (1) provisions for advance public notice and de-
12 scription of - any Presidential records scheduled for dis-
13 posal pursuant to section 2203 (d) (3) ; and
14 " (2) provisions for providing notice to the former
15 President when materials to which access would other-
16 wise be restricted Pursuant to section 2204 (a) are to
17 be made available in accordance with section 2205 (2)
18 or (3) .
19 2207. Vice-Presidential records
20 ? "Vice-Presidential records shall be subject to the provi-
21 sions of this 'chapter in the same manner as Presidential
22 records. The duties and responsibilities of the Vice President,
23 with respect to Vice-Presidential, records, shall be the same
24 as the, duties and responsibilities of the President under this'
25 chapter with respect to Presidential records. The authority
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of the. Archivist ; with `respect to Vice-Presidential records
shall be the same as'the authority,of the Archivist under this
chapter with respect to Presidential 'records, except that
such Vice-Presidential records shall not be deposited- in an
9 records."
5 archival depository other than the depository of the Presi-
6 idential records of the 'same administration. -Nothing in this
7' ` chapter shall be construed to : iuth6rize' `the establishinent of
8 separate "archival'- depositories'' for 'such `Vice-?residential
(b) (1) The table of chapters for title 44; United States
Code, is amended by inserting' immediately after the item
relating to chapter 21- the following new item :
"22. Presidential, Records --_______'___-____:--------------------
13 (2201".
(2) Section 2102 of title 44, United State's Code ;is
14 amended by striking out the text thereof and inserting in
15 lieu thereof the following:
16 "The President shall, by and with the advice and con-
1.7 sent of the Senate, appoint,the Archivist of the United States
18 for,a term of ten years. The Archivist may only be removed
19 for good cause.".
20 (3) Section 2'107 of title 44, United States 'Code, is
21 amended by adding at the end thereof the following new
22 sentence : "This section shall not apply in the case of any
23 Presidential records which are subject to the provisions of
24 chapter 22 of this title.".
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.1 ss?, , r,(4) Section.21;08 (c)?of title 44-is.aniended'by adding
21, at the t endt-thereof the following,I "Onlyrthe:'first ttwo: sen-
3,, tences.,of,,this, subsectionishall ~appty,~to,?Prosidential,records
1.4 t-as; define d,in,_section 220142) .of! this title:'i. ,?)r7 ti?~t- t.
SEc., 3. The anieiidwents,made{,by>th s;, -et shall be ef-
12
7 fective with respect, tto any,Presidential, xecords ? (as; defined
in section:'2201.(2:) of; title,44?as,amendedfby=?section".2 of
9 this Act) created on or after January 20, 1981',.,4y,a Presi-
t i
10, dent taking _oflice on or,~after sa Wdate. i' (J)
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SEC. 4.l,If any lprovisiot1 ;oftFthis*J Act, is -held ii v~ilid for
13,, any. reason. by-any court,- the validity:,and!iegaliteffect=oof the
14 remaining' ining' jirovisions` shall' snot b"e'''affect0dI'therehy.
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