PRESIDENTIAL RECORDINGS AND MATERIALS PRESERVATION ACT (S. 4016)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700170008-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 15, 2016
• Document Release Date: January 23, 2004
• Sequence Number: 8
• Publication Date: December 17, 1974
• Content Type: MF

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17 December 1974
MEMORANDUM FOR: Deputy General Counsel
SUBJECT : Presidential Recordings and
Materials Preservation Act (S. 4016)
STATINTL 1. In accordance with your request (Tab A), attached are my
comments to the subject Act. As you may remember OLC asked some time
ago (Tab B) that we comment on the original S. 4016 (which became Title
STATINTL I of this Act). Because of the timing involved, and I discussed
the matter and he drafted comments (Tab C). As pointed out by
and by the House Committee Report (No. 93-1507) on the subject, the
Administrator, GSA, has 90 days to draft regulations for the administration
of Title I of the Act. These regulations are subject to Congressional
approval. The Report states that the Administrator is to take into account
"the need to limit general access to material relating to national security.
I- suggest that this Office contact the appropriate party within GSA within
the near future to determine how they plan to accommodate this direction
in their regulations.
2. Title II of the Act amends Chapter 33 of Title 44 of the U.S. Code.
The amendment establishes the National Study Commission on Records of
and Documents of Federal Officials. .__The Commission's purpose is to study
the control, disposition and pres-er 7ation of records and documents produced
by or on behalf of Federal Officials. The Commission's study is to include
the eight subject areas of:
(1) whether the historical practice with respect to
Presidential records and documents should be rejected
or accepted, and whether such practice should be made
applicable with respect to all Federal officials; (2) the
relationship of the findings of the Commission to other
provisions ... of title 44... , and other Federal laws
relating to control, disposition, and preservation of
records and documents of Federal officials; (3) whether
the findings of the Commission should affect control,
CRC, 8/26/2003
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disposition, and preservation of records and documents
of agencies within the Executive Office of the President
created for short-term purposes; (4) the recordkeeping
procedures of the White House Office; (5) rules which
should apply to control, disposition, and preservation
of records and documents of Presidential task forces,
commissions, and boards; (6) criteria for determining
the scope of materials which should be considered the
records and documents of Members of the Congress; (7)
the privacy interests of individuals who communicate
with Federal officials; and (8) any other problems which
the Commission considers relevant to carrying out its
duties.
The eight subject areas seem to center on the document and records handling
procedure of the President and the White House Office and Members of Congress.
Unfortunately, the "records and documents of Federal officials" are included
within the scope of the study which would seem to authorize the Commission
access to at least some of the Agency's record maintenance practices. In this
regard Section 3320 of the Act authorizes the Commission to hold hearings
and receive testimony and evidence. That Section also authorizes the
Commission to secure information from any department or agency if such
information is necessary to enable the Commission to carry out its functions.
3. The term "Federal official" is defined by the Act to include "any
officer of the executive, judicial, or legislative branch of the Federal
Government." The House Report states that "Federal officials would include
elected officials, members of the Federal judiciary, and other appointed
officers of the government." One--might argue that the class of officials
within the scope of the study would be Presidential appointees; however,
a literal interpretation of this report language would include all individuals
"appointed" to the Federal service. The scope of this interpretation together
with the authority to obtain information from the heads of departments and
agencies seems to be broad enough to permit the Commission to explore
the Agency's records maintenance practices (and possibly the records
themselves). This, of course, is not a totally new and unique exploration
authority as various other provisions of Title 44 give various Federal
officials certain authorities over the Government's records management
program. Whether the scope of such a study can afford to be that detailed
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is a large question. As the study must be completed by 31 March 1976
unless the Commission has a very large staff and budget, I doubt whether
it can explore the Agency's practices in detail that would cause us concern.
A point that mitigates against this view, however, is that the Agency is
organizationally within the Executive Office of the President. This legis-
lation does not specifically effect the DCI's statutory responsibility to
protect intelligence sources and methods from unauthorized disclosure.
STATINTL
cc: LC
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