PRESIDENTIAL RECORDINGS AND MATERIALS PRESERVATION ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700170019-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: December 12, 2016
• Document Release Date: September 4, 2001
• Sequence Number: 19
• Publication Date: December 3, 1974
• Content Type: OPEN

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IT 11204 CONGRESSIONAL RECORD - HOUSE December 3, 1974
research-education values, while allowing
dispersed recreation use, such as sport fish-
ing, nonmotorized pleasure boating, water-
fowl hunting, and other uses which the
Secretary determines are compatible with
the protection and perpetuation of the uni-
que natural values of the subarea. After
appropriate study, breaching of existing
dikes may be permitted within the subarea.
(2) Lower Slope-Dispersed Residential
Subarea: An area managed to maintain the
scenic, soil and watershed, and fish and
wildlife values, while allowing dispersed re-
sidential occupancy, selective recreation use,
and agricultural use.
(3) Upper Timbered Slope and Headlands
Subareas: Areas managed to protect the
scenic, soil and watershed, and fish and
wildlife values while allowing selective rec-
reation and extensive research-educational
activities. Timber harvesting activity may
occur in these subareas only when the Sec-
retary determines that the preservation of
the timber resource is Imminently threat-
ened by fire, old age, infestation or similar
natural occurrences.
(4) Coastline and Sand Dune-Spit Sub-
areas: Areas managed to protect and main-
tain the scenic and wildlife values while
allowing selective recreation and extensive
research-educational activities.
SEC. 4, (a) The boundaries of the Siuslaw
National Forest are hereby extended to in-
clude all of the lands lying within the Area
as'described in accordance wtih section 3 of
this Act which are not within the national
forest boundaries on the date of enactment
of this Act.
(b) Notwithstanding any other provisions
of law, any Federal property located on the
lands added to the Siuslaw National Forest
by this section may, with the concurrence of
the agency having custody thereof, be trans-
ferred without consideration to the admin-
istrative jurisdiction of the Secretary. Any
lands so transferred shall become part of the
Siuslaw National Forest.
SEC. 5. (a) Subject to the provisions of sub-
section (b) of this subsection, the Secretary
is authorized to acquire lands, waters, or
interests therein within the Area by Bona"
tion, purchase, exchange, or otherwise,
(b) Within all subareas of the Area except
the estuary and associated wetlands subarea,
the Secretary may not acquire any land or
interest in land without the consent of the
owner or owners so long as the owner or
owners use such land for substantially the
same purposes and in the same manner as
it was used and maintained on June 1, 1974:
Provided, however, That the Secretary may
acquire any land or interest in land without
the consent of the owner or owners when
such land is In imminent danger of being
used for different purposes or in a different
manner from the use or uses existing on
June -1, 1974. The Secretary shall publish,
within one hundred and eighty days of the
enactment of this Act, guidelines which shall
be used by him to determine what constitutes
a substantial change in land use or main-
tenance for the non-federally-owned lands
-within the Area. Within the estuary and as-
sociated wetlands subarea the Secretary may
acquire any' land or interest in land without
the consent of the owner or owners at any
time, after public hearing.
(c) At least thirty days prior to any sub-
stantial change in the use or maintenance of
any non-federally-owned land within the
Area, the owner or owners of such land shall
provide notice of such proposed change to
the Secretary or his designee, in accordance
with such guidelines as the Secretary may
establish.
SEC. 6. Notwithstanding the provisions of
clause 7 (a) (1) of the Act of September 3,
1964 (78 Stat. 903), as amended, moneys ap-
propriated from the Land and Water Con-
servation Fund shall be available for the ac-
quisition of any lands, waters, or interests
therein within the area added to the Siuslaw
National Forest by this Act.
SEC. 7. The lands within the Area, subject
to valid existing rights, are hereby with-
drawn from location, entry, and patent ufider
the United States mining laws and from
disposition under all laws pertaining to min-
eral leasing and all amendments thereto.
SEC. S. (a) The Secretary, pursuant to the
Federal Advisory Committee Act (86 Stat.
770), shall establish an advisory council for
the Area, and shall consult on a periodic
and regular basis with such council with
respect to matters relating to management
of the Area. The members of the advisory
council, who shall not exceed eleven in num-
ber, shall serve for the individual staggered
terms of three years each and shall be ap-
pointed by the Secretary as follows-
(1) a member to represent each country
in which a portion of the Area is located,
each such appointee to be desig ted by
the respective governing body of t
involved;
(2) a member appointed to rep ent the
State of Oregon, who shall be desi ated by
(3) not to exceed eight members ointed
by the Secretary from among per is who,
individually or through association ith na-
tional or local organizations, hay an in-
terest in the administration of th rea.
(b) The Secretary shall desig to one
member to be chairman and shall vacan-
cies in the same manner as th riginal
(c) The members shall not re ve any
compensation for their services as embers
of the advisory council, but they', hall be
reimbursed for travel expenses and hall be
allowed, as appropriate, per diem actual
(a) In addition to his consults on with
the advisory council, the Secretary all seek
the views of other private groups, in ividuals,
and the public, and shall seek the ews and
assistance of, and cooperate with, 11 other
Federal, State, and local agencies with re-
sponsibilities for zoning, planning, igratory
fish, waterfowl, and marine ant s, water,
and natural resources, and all non fit agen-
cies and organizations which may tribute
information or expertise about "h-resources,
and the management, of the An , in order
that the knowledge, expertise a views of
all agencies and groups may contribute
affirmatively to the most sensi ve present
and future use of the Area an its various
subareas for the benefit of the p bile.
SEC. 9. The Secretary shall co rate with
the State of Oregon and political ubdivsions
thereof in the administration, of the Area
and in the administration andjjprotection of
lands within and adjacent to tle Area owned
or controlled by the State or ''political sub-
divisions thereof. Nothing in this Act shall
deprive the State of Oregon or any political
subdivision thereof of its right to exercise
civil and criminal jurisdiction within the
Area consistent with the provisions of this
Act, or of its right to tax persons, corpora-
tions, franchises or other non-Federal prop-
erty, in or on the lands or waters within
the Area.,
The Clerk read the amendment to the
Senate amendment, as follows:
In section 3(c) (3) strike out "Timber har-
vesting activity may occur in these subareas
only when the Secretary determines that the
preservation of the timber resource is im-
minently threatened by fire, old age, in-
festation or similar natural occurrences," and
insert "Timber harvesting activity may occur
in these subareas only when the Secretary
determines that such harvesting is to be
conducted in connection with research ac-
tivities or that the preservation of the timber
resource Is imminently threatened by fire,
old age, infestation, or similar natural oc-
currences.".
The Senate amendment as amended
was concurred in.
A motion to reconsider was laid on the
table.
ANNOUNCEMENT BY THE SPEAKER
The SPEAKER. The Chair desires to
make an announcement.
Pursuant to the provisions of clause
3 (b) of rule 27, the Chair announces that
he will postpone further proceedings to-
day on each motion to suspend the rules
on which a recorded vote or the yeas and
nays are ordered, or on which the vote
is objected to under clause 4 of rule 15.
After all motions to suspend the rules
have been entertained and debated and
after those motions, to be determined by
"nonrecord" votes have been disposed
each motion on which the further pro-
ceedings were postponed,
PRESIDENTIAL RECORDINGS AND
MATERIALS PRESERVATION ACT
Mr. BRADEMAS. Mr. Speaker, I
move to suspend the rules and pass the
Senate bill (S. 4016) to protect and pre-
serve tape recordings of conversations
involving former President Richard M.
Nixon and made during his tenure as
President, and for other purposes, as
amended.
The Clerk read as follows:
S. 4016
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "Presidential Re-
cordings and Materials Preservation Act".
TITLE I=PRESERVATION OF PRESIDEN-
TIAL RECORDINGS AND MATERIALS
DELIVERY AND RETENTION OF CERTAIN
PRESIDENTIAL MATERIALS
SEC. 101. (a) Notwithstanding any other
law or any agreement or understanding
made pursuant to section 2107 of title 44,
United States Code, any Federal employee in
possession shall deliver, and the Administra-
toT of General Services (hereinafter in this
title referred to as the "Administrator")
shall receive, obtain, or retain, complete pos-
session and control of all original tape re-
cordings of conversations which were re-
corded or caused to be recorded by any
officer or employee of the Federal Govern-
ment and which-
(1) involve former President Richard M.
Nixon or other individuals who,'at the time
of the conversation, were employed by the
Federal Government;
(2) were recorded in the White House or
in the office of the President in the Execu-
tive Office Buildings located in Washington,
District of Columbia; Camp David, Mary-
land; Key Biscayne, Florida; or San Cle-
mente, California; and
(3) were recorded during the period be-
ginning January 20, 1969, and ending
August 9, 1974.
(b) (1) Notwithstanding any other law or
any agreement or'understanding'made pur-
suant to section 2107 of title 44, United
States Code,'the Administrator shall receive,
retain, or make reasonable efforts to obtain,
complete possession and control of all papers,
documents, memorandums, transcripts, and
other objects and materials which constitute
the Presidential historical materials of
Richard M.. Nixon, covering the period be-
ginning January 20, 1969, and ending August
9, 1974.
(2) For purposes of this subsection, the
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December 3, 1974 CONGRESSIONAL RECORD-HOUSE
became necessary for the committee to
devote an unusual amount of time and
funds to that investigation, as a result
of which the committee has expended all
available moneys and the committee
staff has not been paid for the last
month.
The committ tall has been dramat-
ically reduced wthe conclusion of the
There are only';' roximately four
persons left in low-PRA positions from
the impeachment sta , hose persons
are devoting their timid d efforts to
abandoning the office sp which they
had temporarily, and to aring the
virtually innumerable doe is to be
sent to the Archives. These in s sim-
ply will be moneys needed by com-
mously reported out of the Subcommittee
on Accounts and out of the Committee
on House Administration.
Mr. GROSS. Mr. Speaker, will the gen-
tleman yield?
Mr. THOMPSON of New Jersey. I will
be happy to yield to my friend, the gen-
tleman from Iowa.
Mr. GROSS. I thank the gentleman.
Does the gentleman have in handor in
mind the total amount of expenditures
on the part of the committee for this
year?
Mr. THOMPSON of New Jersey. Yes,
the gentleman does. The figure is $2,-
669,658.15.
Mr. GROSS. I thank the gentleman.
Mr. THOMPSON of New Jersey. Mr.
Speaker, I move the previous question on
the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
PROVIDING FUNDS FOR THE COM-
MITTEE ON RULES
Mr. THOMPSON of New Jersey. Mr.
Speaker, by direction of the Committee
on House Administration, I call up House
Resolution 1406 and ask for its imme-
diate consideration.
The Clerk read the resolution as fol-
lows :
H. RES. 1406
Rasolved, That for the further expenses in
carrying out its duties during the Ninety-
third Congress, the Committee on Rules is
authorized to incur such expenses (not in
excess of $2,000) as it deems advisable. Such
expenses shall be paid out of the contingent
fund of the House on vouchers authorized
and approved by such committee, and signed
by the chairman thereof.
S::c. 2. Funds authorized by the resolution
shall be expended pursuant to regulations
established by the Committee on House Ad-
ministration in accordance with existing law.
Mr. THOMPSON of New Jersey. Mr.
Speaker, I ask unanimous consent that
further. reading of the resolution be dis-
pensed with and that it be printed in the
RECORD.
The SPEAKER. Is there objection to
the request of the gentleman from Nt w
Jersey?
There was no objection.
Mr. THOMPSON of New Jersey. Mr.
Speaker, House Resolution 1406 is de-
signed to carry out the needs for the re-
mainder of this Congress of the Commit-
tee on Rules in the amount of $2,000.
Their total expenditure to date, I will
say in anticipation of a question from my
friend, the gentleman from Iowa, is
$4,379.43.
Mr. Speaker, I move the previous ques-
tion on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
PERSONAL EXPLANATION
Mr. YATES. Mr. Speaker, on Novem-
ber 26 I am reported as not having voted
p ient of Health, Education, and Wel-
fa was present. I made out a card in-
dica that I had voted in favor of the
Mr. aker, I am reported as not be-
ing pres and I ask unanimous consent
that the ffAkinanent RECORD be appropri-
ment will aRECORD.
The SPEA \RECORD entleman's state-
Mr. YATaker, I recognize
that the Chd that my state-
ment will ae RECORD, but I
have asked consent that the
permanent e appropriately
The SPEAKER. The air must say to
the gentleman from ois that the
Chair has consistently a ted the pol-
icy that under votes by ele onic, device
the permanent RECORD ma t be cor-
rected. The Chair has state GEthat the
the gentleman's statement wi - e . pub-
lished in the RECORD, and the C 'r can-
not, under the circumstances, r ize
the gentleman for the unanimou on-
sent request.
the possibility that an error may be in
even under the new system of ours?
The SPEAKER. Is there objection to
the request of the gentleman from Ala-
bama?
There was no objection.
ESTABLISHING CASCADE HEAD
SCENIC AREA IN THE STATE OF
OREGON
Mr. MELCHER. Mr. Speaker, I ask
unanimous consent to take from the
Speaker's table the bill (H.R. 8352) to
establish the Cascade. Head Scenic Re-
search Area in the State of Oregon, with a
Senate amendment thereto, and concur
in the Senate amendment with an
amendment.
The Clerk read the title of the bill.
The SPEAKER. Is there objection to
the request of the gentleman from Mon-
tana?
There was no objection.
The Clerk read the Senate amendment,
as follows:
Strike out all after the enacting clause and
insert: That in order to provide present and
future generations with the use and enjoy-
ment of certain ocean headlands, rivers,
streams, estuaries, and forested areas, to in-
sure the protection and encourage the study
of significant areas for research and scien-
tific purposes, and to promote a more sensi-
tive relationship between man and his
adjacent environment, there is hereby es-
tablished, subject to valid existing rights,
the Cascade Head Scenic-Research Area
(hereinafter referred to as "the Area") in the
Siuslaw National Forest in the State of
Oregon.
SEC. 2. The administration, protection, de-
velopment, and regulation of use of the
Area shall be by the Secretary of Agricul-
ture (hereinafter referred to as the "Secre-
tary") in accordance with the laws, rules, and
regulations applicable to national forests, in
such manner as in his judgment will best
contribute to attainment of the purposes
of this Act.
SEC. 3. (a) The boundaries of the Area,
and the boundaries of the subareas included
therein, shall be those shown on the map
entitled "Proposed*Cascade Head Scenic-Re-
search Area", dated June 1974, which is on
file and available for public inspection in
the office of the Chief, Forest Service, United
States Department of Agriculture: Provided,
That, from time to time, the Secretary may,
after public hearing or other appropriate
means for public participation, make ad-
justments-in the boundaries of subareas to
reflect changing natural conditions or to "
a card, it is possible that his vote was
not recorded. The matter will be looked
into.
PERMISSION FOR COMMITTEE ON
PUBLIC WORKS TO FILE A PRIVI-
LEGED REPORT ON H.R. 11929
Mr. JONES of Alabama. Mr. Speaker,
I ask unanimous consent that the Com-
mittee on Public Works may have until
midhight tonight to file a privileged re-
port on H.R. 11929, an act to amend sec-
tion 15d of the Tennessee Valley Au-
thority Act of 1933 to provide that
expenditures for pollution control facili-
ties will be credited against required
power investment return payments and
repayments.
Said
went
established pursuant to sub-
reof.
management ob)ectives which shall be sup-
plemental to the general management ob-
jectives applicable to the entire Area:
(1) Estuary and Associated Wetlands Sub-
area: An area managed to protect and per-
petuate the fish and wildlife, scenic, and
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December 3, 1974 CONGRESSIONAL RECORD -HOUSE 111205
term "historical materials" has the meaning
given it by section 2101 of title 44, United
States Code.
AVAILABILITY OF CERTAIN PRESIDENTIAL
MATERIALS
SEC. 102. (a) None of the tape recordings
or other materials referred to in section 101
shall be destroyed, except as may be pro-
vided by law.
(b) Notwithstanding any other provision
of this title, any other law, or any agreement
or understanding made pursuant to section
2107 of title 44, United States Code, the tape
recordings and other materials referred to
in section 101 shall, immediately upon the
date of enactment of this title, be made
available, subject to any rights, defenses, or
privileges which the Federal Government or
any person may invoke, for use in any ju-
dicial proceeding or otherwise subject to
court subpena or other legal process. Any
request by the Office of Watergate Special
Prosecution Force, whether by court sub-
pena or other lawful process, for access to
such recordings or materials Shall at all
times have priority over any other request
for such recordings or materials.
(c) Richard M. Nixon, or any person whom
he may designate in writing, shall at all
times have access to the tape recordings
and other materials referred to in section
.101 for any purpose, subject to the regula-
tions which the Administrator shall issue
pursuant to section 104.
(d) Any agency or department in the
executive branch of the Federal Govern-
ment shall at all times have access to the
tape recordings and other materials referred
to in section 101 for current lawful Govern-
ment use, subject to the regulations which
the Administrator shall issue pursuant to
section 104.
COMPENSATION
SEC. 103. If any court of the United States
decides that any provision of this title has
deprived any individual of private property
without just compensation, then there shall
be paid out of the general fund of the Treas-
ury of the United States. such amount or
amounts as may be adjudged just by an ap-
propriate court of the United States. How-
ever, the provisions of this title shall not be
construed as making any determination
with respect to any private property right of
title to tape recordings and other materials
referred to in section 101, if any such right
existed prior to the date of enactment of
this title.
REGULATIONS TO PROTECT CERTAIN TAPE RE-
CORDINGS AND OTHER MATERIALS
SEC. 104. The Administrator shall issue at
the earliest possible date such regulations
as may be necessary to assure the protection
of the tape recordings and other materials
referred to in section 101 from loss or de-
struction, and to, prevent access to such
recordings and materials by unauthorized
persons. Custody of such recordings and
materials shall be maintained in Washing-
ton, District of Columbia, or its metropoli-
tan area, except as may otherwise be neces-
sary to carry Out the provisions of this title.
REGULATIONS RELATING TO PUBLIC ACCESS
SEC. 105. (a) The Administrator shall,
within ninety days after the date of enact -
ment of this title, submit to each House of
the Congress a report proposing and explain-
ing regulations that would provide public
access to the tape recordings and other ma-
terials referred to in section 101, Such reg-
ulations shall take into account the follow-
ing factors: _
(1) the need to provide the public with the
full truth, at the earliest reasonable date,
of the abuses of governmental power popu-
larly identified under the generic term "Wa-r
tergate";
(2) the need to make such recordings and
materials available for use In judicial pro-
ceedings;
(3) the need to prevent general access, ex-
cept in accordance with appropriate proce-
dures established for use In judicial pro-
ceedings, to information relating to the Na-
tion's security;
(4) the need to protect every individual's
right to a fair and impartial trial;
(5) the need to protect any party's oppor-
tunity to assert any legally or constitution-
ally based right or privilege which would
prevent or otherwise limit access to such re-
cordings and materials;
(6) the need to provide public access to
those materials relating to the Presidency
of Richard M. Nixon which have general his-
torical significance, and which are not likely
to be related to the need described In para-
graph . (1) , in a manner which is consistent
with procedures which have been used to
provide public access to materials of former
Presidents; and
(7) the need to give Richard M. Nixon, or
his heirs, for his sole custody and use, tape
recordings and other materials which are
not likely to be related to the need described
in paragraph (l) and are not otherwise of
general historical significance.
(b) (1) The regulations proposed by the
Administrator in the report required by sub-
section (a) shall take effect upon the expira-
tion of ninety legislative days after the sub-
mission of such report, unless such regula-
tions
are-disapproved by a resolution adopted
by either House of the Congress during such
period.
(2) TheAdministrator may not issue any
regulation or make any change in a regula-
tion if such regulation or change is disap-
proved by either House of the Congress un-
der this subsection.
(3) The provisions of this subsection shall
apply to any change In the regulations pro-
posed by the Administrator in the report
required by subsection (a). Any proposed
change shall take into account the factors
described in paragraph (1) through para-
graph (7) of subsection (a), and such pro-
posed change shall be submitted by the Ad-
ministrator in the same manner as the re-
port required by subsection (a).
(4) Paragraph (5) is enacted by the Con-
gress-
(A) as an exercise of the. rulemaking
power of the House of Representatives, and
as such it shall be considered as part of the
rules of the House, and such rules shall su-
persede other rules only to the extent that
they are inconsistent therewith; and
(B) with full recognition of the constitu-
tional right of the House of Representatives
to change such rules at any time, in the same
manner, and to the same extent as in the
case of any other rule of the House.
(5) (A) Any resolution introduced in the
House of Representatives under paragraph
(1) shall be referred to a committee by the
Speaker of the House.
(B) If the committee to which any such
resolution is referred has not reported any
resolution relating to any regulations or
change proposed by the Administrator under
this section before the expiration of sixty
calendar days after the submission of any
such proposed regulation or change, it shall
then be in order to move to discharge the -
committee from further consideration of
such resolution.
(C) Such motion may be made only by a
person favoring the resolution, and such
motion shall be privileged. An amendment to
such motion is not in order, and it is not in
order to move to reconsider the vote by which
the consideration of such resolution. Such
motion shall be privileged. An amendment to.
such motion is not in order, and it is not in
order to move to reconsider the vote by
which such motion Is -agreed to or dis-
agreed to.
(6) For purposes of this subsection, the
term "legislative days" does not include any
calendar day on which both Houses of the
Congress are not in session.
(c) The provisions of this title shall not
apply, on and after the date upon which
regulations proposed by the Administrator
take effect under subsection (b), to any tape
recordings or other materials given to Rich-
ard M. Nixon, or his heirs, pursuant to sub-
section (a) (7).
JUDICIAL REVIEW
SEC. 106. (a) The United States District
Court for the District of Columbia shall have
exclusive jurisdiction to hear challenges to
the legal or constitutional validity of any
provision of this title or of any regulation
issued under the authority granted by this
title. Such challenge shall be heard by a dis-
trict court of three judges constituted under -
the procedures established by section 2284
of title 28, United States Code, with the right
,of direct appeal to the United States Supreme
Court. Any such challenge shall be treated by
the district court of three judges and the Su-
preme Court as -a priority matter requiring
immediate consideration and resolution.
(b) If, under the procedures established by
subsection (a), a judicial decision is rendered
that a particular provision of this title, or a
particular regulation issued under the au-
thority granted by this title, is-unconstitu-
tional or otherwise invalid, such decision
shall not affect in any way the validity or
enforcement of any other provision of this
titleor any regulation issued under the au-
thority granted by this title.
PARTICIPATION IN CERTAIN COURT ACTIONS
SEC. 107. The Committee on Government
Operations of the Senate and the Committee
on House Administration of the House. of
Representatives may, acting jointly or sepa-
rately, appoint counsel to intervene in any
case or proceeding relating to-
(1) the ownership, custody, use, or com-
pensation for any taking, of tape recordings
and other materials referred to in section
101, or any other similar right to or In such
recordings and materials; or
(2) any challengeto the legal or constitu-
tional validity of any provision of this title
or of any regulation issued under the au-
thority granted by this title.
AUTHORIZATION OF APPROPRIATIONS
SEC. 108. There is authorized to be appro-
priated such sums as. may be necessary to
carry out the provisions of this title.
TITLE II-PUBLIC DOCUMENTS
COMMISSION
SHORT TITLE -
SEC. 201. This title may be cited as the
"Public Documents Act".
ESTABLISHMENT OF STUDY COMMISSION
SEC. 202. Chapter 33 of title 44, United
States Code, is amended by adding at the end
thereof the following new sections:
"1 3315. Definitions -
"For purposes of this section and section
3316 through section 3324 of this title-
"(1) the term 'Federal official' means any
Individual holding the office of President or
(D) If the motion to discharge is agreed dent Commissioner to, the Congress of the
to or disagreed to, such motion may not be United States, or any officer of the executive,,
renewed. judicial, or legislative branch of the Federal
(E) When the committee has reported, or Government; -
has been discharged from further considera- "(2) the term 'Commission' means the Na-
tion of, a resolution introduced in the House tional Study Commission on Records and
of Representatives under paragraph (1), it Documents of Federal Officials; and
shall at any time thereafter be in order (even - "(3) the term 'records and documents'
though a previous motion to the same effect shall include handwritten and typewritten
has been disagreed to) to move to proceed to documents, motion pictures television tapes
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CONGRESSIONAL RECORD - HOUSE December 3, 4 974
and recordings, magnetic tapes, automated
data processing documentation in various
forms, and other records that reveal the his-
tory of the Nation.
3316. Establishment of Commission
"There is established a commission to be
known as the National Study Commission on
Records and Documents of Federal Officials.
3317. Duties of Commission
"It shall be the duty of the Commissicn
to study problems and questions with respect
to the control, disposition, and preservation
of records and documents produced by or.cn
behalf of Federal officials, with a view toward
the development of appropriate legislative
recommendations and other recommenda-
tions regarding appropriate rules and proce-
dures with respect to such control, disposi-
tion, and preservation. Such study shall in-
clude consideration of-
"(1) whether the historical practice re-
garding the records and documents produced
by or on behalf of Presidents of the Unitcd
'tates should be rejected or accepted and
whether such practice should be made ap-
plicable with respect to all Federal officials;
"(2) the relationship of the findings of the
Commission to the provisions of chapter ::9
of this title, section 2101 through section
2108 of this title, and other Federal laws
relating to the control, disposition, and pre?-
ervation of records, and documents of Federal
officials;
"(3) whether the findings of the Commis-
sion, should affect the control, disposition,
and preservation of records and documents
of agencies within the Executive Office of the
President created for short-term purposes by
the President;
"(4) the recordkeeping procedures of the
White House Office, with a view toward estab-
lishing means to determine which records
and documents are produced by or on beha..f
of the President;
"(5) the nature of rules and procedures
which should apply to the control, disposi-
tion, and preservation of records and docu-
ments produced by Presidential task forces,
commissions, and boards;
"(6) criteria which may be used generally
In determining the scope of materials which
should be considered to be the records and
documents of Members of the Congress;
"(7) the privacy interests of individuals
whose communications with Federal officials,
and with task forces, commissions, and
boards, are a part of the records and docu-
ments produced by such officials, task forces,
commissions, and boards; and
"(8) any other problems, questions, or is-
sues which the Commission considers rel i-
vant to carrying out its duties under section
3315 through section 3324 of this title.
113318. Membership
"(a) (1) The Commission shall be com-
posed of seventeen members as follows:
"(A) one Member of the House of ReprI-
sentatives appointed by the Speaker of the
House upon recommendation made by the
majority leader of the House;
"(B) one Member of the House of ReprI-
sentatives appointed by the Speaker of the
House upon recommendation made by - the
minority leader of the House;
"(C) one Member of the Senate appointed
by the President pro tempore of the Senate
upon recommendation made by the major-
ity leader of the Senate;
"(D) one Member of the Senate appointed
by the President pro tempore of the Senate
upon recommendation made by the minority
leader of the Senate;
"(E) one Justice of the Supreme Court,
appointed by the Chief Justice of the United
States;
"(F) one person employed by the Executive
Office of the President or the White House
office, appointed by the President;
"(G) three appointed by the President, by
and with the advice and consent of they Sen-
ate, from persons who are not officers or em-
ployees of any government and who are
specially qualified to serve on. the Commis-
sion by virtue of their education, training, or
experience;
"(H) one representative of the Department
of State, appointed by the Secretary of state;
"(I) one representative of the Department
of Defense, appointed by the Secretary of De-
fense;
"(J) one representative of the Department
of Justice, appointed by the Attorney Gen-
eral;
"(Ii) the Administrator of General Services
(or his delegate);
"(L) the Librarian of Congress;
"(M) one member of the Americas, His-
torical. Association, appointed by the counsel
of such Association;
"(N) one member of the Society of Amer-
ican Archivists, appointed by such Society;
and
"(O) one member of the Organization of
American Historians, appointed by such Or-
ganization.
.'(2) No more than two members ap-
pointed under paragraph (1) (G) may be of
the same political party.
"(b) A vacancy in the Commission shall
be filled in the manner in which the original
appointment was made.
'(c) If any member of the Commission
who was appointed to the Commission as a
Member of the Congress leaves such office,
or if any member of the Commission who
was appointed from persons who are not
officers or employees of any government be-
comes an officer or employee of 'a govern-
ment, he may continue as a member if the
Commission for no longer than the sixty-
day period beginning on the date he leaves
such office or becomes such an officer or em-
ployee, as the case may be.
"(d) Members shall be appointed for the
life of the Commission.
"(e) (1) Members of the Commission shall
serve without pay.
"(2) While away from their homes or
regular places of business In the perform-
ance of services for the Commission? mem-
bers of the Commission shall be allowed
travel expenses in the same manner as
persons employed intermittently in the
service of the Federal Government are al-
lowed expenses under section 5703(b) of
title 5, United States Code, except that per
diem in lieu of subsistence shall be paid
only to those members of the Commission
who are not full-time officers or employees
of the United States or Members of the
Congress.
"(f) The Chairman of the Commission
shall be designated by the President: from
among members appointed under subsection
(a) (1) (G)?
"(g) The Commission shall meet at the
call of the Chairman or a majority of its
members.
3319. Director and staff; e:{ erg t and con-
au an u
"(a) The ?Commission shall appoint a
Director who shall be paid at a rate not to
exceed the rate of basic pay in effect for
level V of the Executive Schedule (5 U.S.C.
5316).
"(b) The Commission may appoint and
fix the pay of such additional personnel as
it deems necessary.
"(c) (1) The Commission may procur:* tem-
porary and Intermittent services to the same
extent as is authorized by section 3109(b)
of title 5, United States Code, but at. rates
for individuals not to exceed the daily
equivalent of the annual rate of basic pay
In effect for grade 05-15 of the General
Schedule (5 U.S.C. 5332).
"(2) In procuring services under this sub-
section, the Commission shall seek to obtain
the advice and assistance of constitutional
scholars and members of the historical, ar-
chival, and journalistic professions.
"(d) Upon request of the Commission, the
head of any Federal agency is authorized to
detail, on a reimbursable basis, any of the
personnel of such agency to the Commission
to assist it In carrying out its duties under
sections 3315 through 3324 of this title.
3320. Powers of Commission
The ommiss on may, for the pur-
pose of carrying out its duties under sec-
tions 3315 through 3324 of this title, hold
such hearings, sit and act at such times
and pT~ake such testim. ony, and re-
ceive such evidence as the Commission may
deem desirable-
"(b) When so authorized by the Commis-
sion, any member or agent of the Commis-
sion may take any action which the Com-
mission is authorized to take by this sec-
tion.
"(c) The Commission may secure dire y
from any deparsme'1 or agency o he United
stares n ormatlon necessary to enable e
C n do cars out its duties under
through section 3324 of this
ti it T.. - T pon re uest o the Chairm nr T?ne
nn he cad of each d nar_tmeni:
enc shall furnish such information to
the olon.
"? 3321. Support services
"(a) The Administrator of General Serv-
ices shall provide to the Commission on a
reimbursable basis such administrative sup-
port services and assistance as the Commis-
sion may request.
"(b) The Archivist of the United States
shall provide to the Commission on a reim-
bursable basis such technical and expert
advice, consultation; and support assistance
as the Commission may request.
3322. Report
"The Commission shall transmit to the
President and to each House of the Con-
gress a report not later than March 31,
1976. Such report shall contain a detailed
statement of the findings and conclusions
of the Commission, together with its recom-
mendations for such legislation, adminis-
trative actions, and other actions, as it deems
appropriate.
3823. Termination
"The Commission shall cease to exist sixty
days after transmitting its report under sec-
tion 3322 of this title.
3324. Authorization of appropriations
"There is authorized to be appropriated
such sums as may be necessary to carry out
section 3315 through section 3324 of this
title.".
TECHNICAL AMENDMENT
SEC. 203. The table of sections for chapter
33 of title 44, United States Code, is amended
by adding at the end thereof the following
new items:
"3315. Definitions.
"3316. Establishment of Commission.
"3317. Duties of Commission.
"3318. Membership.
"3319. Director and staff; experts
sultants.
"3320. Powers of Commission.
3321. Support services.
3322. Report.
"3323. Termination.
"3324. Authorization of appropriations.".
The SPEAKER. Is a second demanded?
Mr. HANSEN of Idaho. Mr. Speaker, I
demand a second.
The SPEAKER. Without objection, a
second will be considered as ordered.
There was no objection.
The SPEAKER. The gentleman from
Indiana (Mr. BRADEMAS) will be recog-
nized for 20 minutes, and the gentleman
from Idaho (Mr. HANSEN) will be recog-
nized for 20 minutes.
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H 11207
The Chair now recognizes the gentle- rial and result in the destruction of a in the U.S. District Court for the. District
man from Indiana (Mr. BRADEMAS). substantial portion of them. of Columbia. However, once that litiga-
(Mr. BRADEMAS asked and was given NIXON/SAMPSON AGREEMENT tion is completed, the agreement could
permission to revise and extend his re- Mr. Speaker, on September 8 1974, be implemented and these tapes and ma-
marks.) _.... - . +-,o,. ,,,,,,,A fn
Ford, announced an agreement between PROVISIONS OF S. 4016
to suspend the rules and pass S. 4016 as
amended, a bill to. preserve the tapes and
other materials relating to the Presi-
dency of Richard M. Nixon.
Mr. Speaker, S. 4016, as reported by
the Committee on House Administration,
includes, as title I, the bill passed by the
Senate on October 4, 1,974, with minor
amendments and, as title II, authority
to establish a National Study Commis-
sion on Records and Documents of Fed-
eral Officials.
I would like to take this opportunity
to point out that the Subcommittee on
Printing approved- S. 4016, as amended,
by unanimous voice vote on November 19,
1974, and that the full Committee ap-
proved this measure by a unanimous
vote of 20 to 0 on November 26, 1974.
Mr. Speaker, I would like to pay a
word of special tribute to the gentleman
from South Uarolina '(Mr. GETTYS)? the
gentleman from New York (Mr. KocH)
the gentleman from New Hampshire (Mr.
CLEVELAND) and the gentleman from
Idaho (Mr. HANSEN) for their very able
assistance in bringing this legislation be-
fore the House.
Mr. Speaker, this bill would nullify the
agreement of September 7, 1974, between
former President Nixon and the Ford
administration by providing that the
Federal Government retain custody of
the tapes and other materials of the
Nixon Presidency and insure appropri-
ate access to them. S. 4016 would also
establish an independent commission to
study the handling of the records and
documents of all Federal officials, both
elected annl appointed.
Mr. the of records
of public officials has become a ma er
of immedia.,e imnor once b cruse of the
need to preserve he tapes and other
rumen re a Nixon res -
dency.
It is unnecessary to recount here the
events of Watergate. We are all aware
that these events led to the approval of
three articles of impeachment by the
Judiciary Committee of the House of
Representatives and that in the face of
these recommendations, Mr. Nixon re-
signed from office. We are also aware that
these events have resulted in the investi-
gation, prosecution, and conviction of
several former high-ranking aides of
Mr. Nixon for crimes related, to Water-
gate.
Mr. Speaker, information relating to
the impeachment proceedings and infor-
mation relating to the investigation of
criminal actions related to these events
are included in the historical records and
materials of the Nixon Presidency and
although this information is still needed
to complete these criminal investiga-
tions and although more information is
necessary to provide the American peo-
ple with a full and accurate account of
Watergate, -the Ford administration
negotiated an agreement with former
President Nixon which, if implemented,
could seriously limit access to the mate-
Mr. Nixon and Arthur Sampson, Ad- Mr. Speaker, the bill we are considering
ministrator of General Services, regard- today is an emergency measure intended
ing the disposition of some 42 million to nullify the agreement of September 7,
documents of the Nixon Presidency. 1974, and provide that the Federal Gov-
The agreement included all of Mr. Nix- ernment retain custody of the Nixon
on's Presidential historical materials as tapes and Presidential materials. The bill
defined in section 2101; title 44, United would also establish a 17-member com-
States Code. mission to study the disposition of docu-
The agreement, based on the assump- ments of all Federal officials.
tion that the materials are the private More specifically, the major provisions
property of Mr. Nixon, gives Mr. Nixon of the bill include:
complete control over access to them First. Notwithstanding any other pro-
and gives Mr. Nixon an absolute veto vision of law or any agreement, the Ad-
power over persons who could review the ministrator of GSA shall retain custody
tapes and records. and complete control of all tapes, papers,
In the agreement, Mr. Nixon expresses documents and other materials of gen-
an intention to donate a substantial por- eral historical significance relating to the
tion of these records to the Federal Gov- Presidency of Richard M. Nixon.
ernment, and the agreement provides The tapes include all conversations
that they shall be stored at Government recorded, beginning June 20, 1969, and
expense in a GSA facility* in California ending August 9, 1974, which involved
near San Clemente until a perrna- former President Nixon or any individual
nent facility can be built. who was employed at the time of the
The agreement allows Mr. Nixon to conversation by the Federal Government;
withdraw any of these materials from and were recorded in the White House
deposit, other than the tapes, after 3 or the Office of the President in the
years for any purpose. Presumably, this Old Executive Office Buildings in Wash-
would allow Mr. Nixon to remove and ington or in the Presidential Offices at
destroy any of the materials if he wishes Camp David, Key Biscayne or San
to do so. Clemente.
The agreement also allows Mr. Nixon The Government would also retain Gus-
to destroy any of the tapes after Sep- tody of all papers, documents, memo-
tember 1, 1979. Further, the gift of the randa, transcripts, and other objects and
tapes to the Federal Government is based materials, which constitute the "histori-
on the condition that "the tapes shall cal" materials of Richard M. Nixon, as
be destroyed at the time of-Mr. Nix- defined in section 2101 of title 44, United
on's-death or on September 1, 1984, States Code.
whichever event shall first occur." Second. All the tapes and other ma-
Mr. Speaker, this agreement would terials would be immediately available
give Mr. Nixon total control over access for us in judicial proceedings either by
to the materials and records of his subpena or other legal process. Requests
administration. for the material by the Speical Prosecu-
Although the agreement gives Mr. for would be given priority over other
Nixon access to the materials and allows requests for these materials. Production
him to destroy any of the records which of the materials would, of course, be
he chooses, it ignores the public interest subject to any rights, defenses, or privi-
in preserving them and providing access leges which the Federal Government or
to them. any person may invoke.
Moreover, the agreement ignores the Third. Mr. Nixon or any person whom
need for these materials in judicial pro- he may designate shall at all times have
ceedings, including some in which Fed- access to these materials for any purpose,
eral law enforcement will be frustrated Fourth. The legislation specifically de-
and individual rights impaired if the 'Glares that it takes, no position on the
materials are unavailable to the courts. question of ownership of these materials
The agreement also ignores the needs of prior to enactment; however, if a court
Congress and executive agencies for con,- does find that any provision of this bill
tinued use of the documents in the proc- deprives a person of private property
ess of government. right without just compensation, there
And, Mr. Speaker, beyond the impor- are to be authorized such funds as may
tance of the Watergate-related mate- be necessary by an appropriate U.S,
rials, the agreement ignores the legiti- court.
mate public interest in gaining access to Fifth. To guard against the removal
the materials of the Nixon Presidency or destruction of the tapes or other ma-
which are of general historical signifl- terials, the bill requires that they be
cance. This material includes informa- maintained in the metropolitan area of
tion which is very valuable to historians, Washington, D.C. Further, all access to
political scientists, and other scholars- the materials would be subject to regu-
material which includes information on lations issued at the earliest possible
the workings of government during the date by the Administrator of GSA to
Nixon Presidency. protect the material from loss or de-
The agreement has not yet been im- struction and to prevent access to the
plemented because of objections raised material by unauthorized persons.
by the Special Prosecutor and also be- Sixth. Within 90 'days after enact-
cause of litigation which is now pending ment, the Administrator must submit to
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CONGRESSIONAL RECORD-HOUSE December 3, 7,974
Congress regulations to provide public
access to tapes and other materials.
These regulations would insure access to
the materials related to Watergate as
well as material of general historical
significance.
In preparing these regulations, the
Administrator shall take into account
several ,factors which include: first, the
need to provide -a full accounting of the
eventsof "Watergate"; second, the need
to make the materials available in ju-
dicial proceedings; third; the need to
limit general access to material relating
to national security; fourth, the need
to protect every individual's right to a
fair and impartial trial; fifth, the need
to protect any individual's opportunity
to assert any legal or constitutional
right or privilege which may limit gen-
eral access to the material; sixth, the
need to provide public access to mate-
rial of general historical significance in
a manner consistent with procedures
that have been used to provide public
access to materials of former Presi-
dents; and seventh, the need to return
to Mr. Nixon purely personal materials,
which are not of general historical
value.
A question has been raised whether
this bill would alloy- for the reproduction
of the tapes and materials and for their
broadcast. It is my understanding, as
chairman of the subcommittee that con-
sidered this bill and as a member of the
full committee, that under section 105 of
S. 4016, which directs the Administrator
to issue regulations to provide public ac-
cess to the tapes and materials, repro-
duction, as well as broadcasting, could be
provided for by these regulations.
These regulations shall take effect 90
days after they are submitted to Con-
gress, unless disapproved by resolution of
either House of Congress.
If only certain sections are disap-
proved, that portion of the regulations
not affected by such resolution would be-
come effective after 90 days.
Seventh. To insure expeditious resolu-
tion of any challenge to the legal or con-
stitutional validity of any provision of
this title, the bill provides that any such
challenge shall be heard by a three-judge
panel of the U.S. District Court for the
District of Columbia with a direct appeal
to the U.S. Supreme Court. The bill fur-
ther provides that any challenge and ap-
peal shall be heard as a priority matter.
Eighth. To insure that in any litiga-
tion which may be brought as a result of
this bill, the public interest is fully repre-
sented and the legal and constitutional
issues are effectively raised, developed,
and presented, the committee adopted an
amendment to authorize the House Ad-
.ain custody of the "historical uiateriaL "
of the Presidency of Richard IL Nixon.
The term. "historical materials " is do-
ned in section 2101 of title ' .e
l e wTT inclu ecs
`bb'o sjcorres o-n-deence documen .s. &-
)ers paam Ted urnrk' s of art model-,,
2ictures, photographs. plats, mg ;.
nofio i pictures, sound recordings an 1
)th r o6lec or ma r a~sTEivmg ht-
co lea or commemorative value. er;c
ma rials include not only r3g gran-
3ums'Te ers an o er docum yk .gen-
crated and collected by Mr. Nixon, but
s,1 collected
;n the a ouse a- n-a-Yxecu ive U_-
dca c r s, a-
pers xind memorandums -proc7uc- eT"ar-d
colIa r. ixo 's
staff and by staff members of Ale - office s
in t Executive Office of thg7Presidert.
PRIVATE OWNERSHIP
Mr. Speaker, as I have already men-
tioned, this legislation takes no position
on the question of ownership of the.;e
materials prior to enactment of the
measure. The committee believed that at
this time the resolution of the question
of prior ownership was a matter most
appropriately left to the judiciary.
However, whether a court ctetermin?s
that the material is the property of the
U.S. Government or the private property
of some individual, the committee bo-
lieves that Congress clearly has the au-
thority to- pass S. 4016. If the material
is the property of the Federal. Govern-
ment, the bill would simply be an exer-
cise of congressional power under article
IV of the Constitution to dispose of the
property of the United States.
If the material Is private property, the
legislation would, if necessary, be an ex-
ercise of the congressional power of emi-
nent domain and would authorize the
payment of "just compensation" If a
court of competent jurisdiction should so
determine.
PUBLIC DOCUMENTS COMMISSION
Mr. Speaker, title I of this bill is an
emergency measure intended to preserze
the tapes and other materials of the
Nixon Presidency. However, current con-
cern for the preservation of the Nixon
material has focussed attention as well
on the general question of the handling
of records and documents of all Federal
officials. Several bills have been intro-
duced in the House and referred to. our
committee which include proposals for
handling the records of Members of the
House and Senate as well as those of
Presidents. I
The Subcommittee on Printing, which
L chair, of the House Administration
Committee, held 2 days of hearings on
these measures. Testimony during these
hearings clearly indicated that the is-
sues relating to the handling of the docu-
merits of Federal officials are so complex
and so varied that a comprehensive study
by an independent commission would be
warranted to develop specific recommen-
dations for permanent legislation affect-
ing the documents of other Federal of-
ficials.
Mr. Speaker, title II of S. 4016, which
was unanimously approved by the Cor= -
mittee on House Administration, would
establish a national study commission
on records and documents of Federal
officials. Title II is similar to a bill which
I introduced with the distinguished gen-
tleman from Idaho (Mr. HANSEN), on.
September 26, 1974.
Title II would establish an independent
commission to study the handling of
records and documents of all Federal
officials. Federal officials would Include
elected officials, members of the Federal
judiciary, and other appointed officers
of the Government.
This 17-member commission would be
composed of two Members of the House
of Representatives; two Senators; three
appointees of the President, selected from
the public on a bipartisan basis; the
Librarian of Congress; one appointee
each of the Chief Justice of the United
States, the White House, the Secretary
of State, the Secretary of Defense, the
Attorney General, and the Administrator
of General Services; and three other rep-
resentatives, one each appointed by the
American Historical Association, the So-
ciety of American Archivists, and the
Organization of American Historians.
The commission would be directed to
make specific recommendations for legis-
lation and recommendations for rules
and procedures as may be appropriate
regarding the disposition of documents
of Federal officials. The final report is
to be submitted to the Congress and the
President by March 31, 1976.
Mr. Speaker, title II, I believe, repre-
sents a sensible approach to the very
difficult question of developing a uniform
policy with. respect to the handling of
records and documents of Federal offi-
cials. This commission would be com-
posed of experts in the field, persons with
principal responsibility for the disposi-
tion of historical records, and I am
certain that the findings and recom-
mendatior}s of this commission will be
more useful when Congress considers
permanent legislation affecting the han-
dling of these documents.
Mr. Speaker, there are several typo-
graphical errors in the committee report
(93-1507) to S. 4016 which I would like
to bring to the attention of my col-
leagues. The corrections follow:
First. Page 2, paragraph 4, delete
"unanimous".
Second. Page 5, paragraph 6, after the
words "granted by", insert "Section 552
of title 5,- United States Code", and
parentheses around "Freedom of Infor-
mation Act".
Third. Page 6, full paragraph 3, strike
"overs" and insert "access".
Fourth. Page 7, first full paragraph,
fourth line, insert "are" after "to the
materials".
Fifth. Page 7, paragraph 2, change
"plots" to "plats".
Sixth. Page 7, delete paragraph 6.
Mr. KOCH. Mr. Speaker, will the gen-
tleman yield?
Mr. BRADEMAS. I yield to the gentle-
man from New York.
Mr. KOCH. Mr. Speaker, I commend
the gentleman for his leadership as sub-
committee chairman.
(Mr. KOCH asked and was given per-
mission to revise and extend his re-
marks.)
ministration Committee and the Senate -
Government Operations Committee, act-
ing either jointly or separately, to ap-
point counsel to intervene in such litiga-
tion, This amendment, proposed by
Chairman HAYS, followed a suggestion by
the distinguished gentlewoman from New
York (MS. HOLTZMAN) and the distin-
guished gentleman from New York (Mr.
KocH).
HISTORICAL MATERIALS
Mr. Speaker, this bill would provide
that, the Federal Government would re-
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Mr. KOCH. Mr. Speaker, I want to take
special note of the fact that the proposal
initiated by Congresswoman HOLTZMAN
and proposed by me in the full com-
mittee to make certain that independent
Government counsel would be available
to press the right of the Government
for possession and title of these materials .
was adopted by the full committee and
is in the bill. I want also to take special
note that the mechanism to provide such
independent- counsel by allowing either
the House Administration or Senate
Government Operations Committee to.
engage such counsel, jointly or independ-
ently, was devised by the distinguished
chairman of the committee (Mr. HAYs).
This provision is important because
the Attorney General has already public-
ly stated that in his opinion the material
is the property of the former President.
The concern Is that in view of the head
of the Justice Department having taken
such a position, the Justice Department
itself might not adequately advocate the
position that title is in fact in the United
States. By having provided for congres-
sional input and counsel I believe we
have reduced the possibility of such a
position on the part of the Justice
Department.
Mr. YATES. Mr. Speaker, will the
gentleman yield for a question?
Mr. BRADEMAS. I yield to the gentle-
man from Illinois.
Mr. YAT S. I think this is a very
im ant bill. I want to commend the
gentleman for bringing it out.
I am_a little bit concerned about the
definition of "historical materl 'q"." Is
i1 ` e Intention o fie ill that the
United states take custody of maters
other than his orlca
may a ong to card M. Nixon?
No. The language to
whit a gen eman refers, "historical
materials," is a term of legislative art
and is taken from section 2101 of title
44, Ur;ited States Code, and include
"books, correspondence, documents, pa-
pers, pamphlets, works of art, models,
pictures, photographs, plats, maps, films,
motion pictures, sound recordings, and
other objects or materials having histori-
cal or commemorative value."
It should be pointed out as I said
earlier, I would say to my colleague from
a ese materraTinclu
Illinois,
o ria s genera e y Mr,
Ni umen s o mate-
rials generated or collected by his arc S.
It is our purpose, to require that the
U.S. Government retain complete posses-
sion and control of all the documents,
tapes, and other materials produced or
collected by President Nixon, where such
materials concern Government business
or public affairs. Materials of a purely
personal nature, such as records from
Mr. Nixon's private law practice or per-
sons corresponding with his family,
would be returned to him, pursuant to
section 105(a) (7), to the extent they are
found among the materials in the Gov-
ernment's possession. Of course, the
Government officials responsible for
these materials will be expected to
screen them with sufficient care to in-
sure that items to be retained by the
Government under the requirements of
this law are not inadvertently turned architect of 'this legislation, the gentle-
over to Mr. Nixon. man from Indiana (Mr. BRADEMgs) for
In the case of tape recordings, for ex- his leadership, the bill in its present form
ample, if it appears that portions of combines the essential features of the
certain tapes contain conversations solely original Senate bill, S. 4016, and of H.R.
of a personal nature with Mr. Nixon's 16906 which was introduced by my dis-
family or personal friends in which no tinguished colleague and me a few weeks
Government officials participated and no ago.
public affairs were discussed, conceivably The original bill, S. 4016, was well
these portions of the tapes could be re- intentioned and responsive to a clearly
turned to Mr. Nixon through an appro- demonstrated need. Amendments pro-
priate process, but extreme care would posed by the Committee on House Ad-
have to be taken to insure that the his- ministration have considerably improved
torical integrity and authenticity of the and strengthened the bill, however. The
original tapes is not impaired so far as real value of the legislation before us is
all other conversations are concerned. that it addresses very difficult issues re-
And, of course, the regulations provid- lating to Presidential papers both in the
ing for the transfer of such materials short term and in the long term.
would be subject to congressional review The need to protect the rights of the
and approval. public in the papers of former President
Mr. YATES. Mr. Speaker, will the gen- Nixon while the questions relating to the
tleman yield for another question? legal status of the rights and interests in
Mr. BRADEMAS. Yes. those papers is being resolved empha-
Mr. YATES. Who_wil determine under sizes the urgent need to enact the pro-
___________________________ t pil"e~irov F`16i$s of the bill w ie er e visions'of title II of the bill, which will
materials are is orica , an e, enable us to better deal with the same
su leis cFto custody of the United Sates, kinds of very broad issues as they relate
and which materials are not? to the papers of all Presidents. It is
Mr BR ADEMAB, -I would-.say ..ain-xe- especially important that both steps pro-
sponse to the gentleman that the bill posed in this bill be taken without delay
contemplates that the same t es o pro- while there is widespread interest in
cedl'lres'wfi;c are -presently used with Congress and by the public in these ques-
resDFo e papers of former Presi- tions.
dents wo ]E
u e l ed. Essentially, title II this legislation
Mr. YNEB6. What provisions are would establish a 14-member Commis-
those? sion to undertake a comprehensive study
Mr. BRADEMAS. While I do not pre- of the handling and disposition of papers,
tend o~Tie an ex er + er- tapes and documents of Presidents and
standing a the pro . -d ur s involve other Federal officials. This Commission
judgments of tha~ of +hP rrn, ed would be composed of two Members of
States, who is an employee of the Admin- the House of Representatives, two Sena-
tors, three Presidential appointees, ap-
istra i on. pointees of the Chief Justice of the Su-
~YATES. Does the gentleman have preme Court, the Secretary of State, the
some compunctions about leaving this Secretary of Defense, the Attorney Gen-
decision to the Administrator of the eral, the General Services Administrator,
General Services Administration, he be- a prominent historian and a prominent
Ing the one who made the agreement archivist. The makeup, you can see, would
with the President of the United States? allow input from many varied and
Mr. BRADEMAS. I think the gentle- knowledgeable sources. The Commission
man's point is very well taken. It is pre- would be required to issue a report to
cisely because of the apprehension of the Congress by December 31, 1975, includ-
members of the committee with respect ing specific recommendations for legisla-
to that particular point that the bill con- tion and other appropriate rules and
tains language which directs the Ad- procedures relevant. to the control, dis-
ministrator to submit to Congress, within position and preservation of such records
90 days after the enactment of the meas- and documents. Hopefully, the recom-
ure, regulations which would provide
public access to the materials. mendations could be acted on in the
Secondly, it is precisely because we 2d session session of the 94th Congress.
shared that apprehension that those Why do we need such legislation creat-
regulations would not go into effect with- ing yet another commission to study yet
out an opportunity for both the House another subject? This legislation is cru-
and Senate to review the regulations and cial, primarily because in recent years the
to exercise a veto if we disapprove of longstanding tradition of personal
them. ownership of Presidential papers has in-
Mr..YATES. Mr. Speaker, will the gen- creasingly clashed'with a valid need to
tleman yield for another question? have materials of historical significance
Mr. BRADEMAS. Of course. made available to the public for research
Mr. YATES. Will the Administrator and evaluation. Both positions are valid
be required to permit the access to the and a clear and reasonable policy must
public v o historical the matprIall or all be established to reconcile them. The
terial _ alternative is a continuation of the pres-
ma!aI ent situation where the disposition of
Mr. BRADEMAS. Only historical public papers is surrounded by confusion
ma er a s. and conflict and this is not acceptable:
fir RTES. Mr. Speaker, I thank the While this legislation would be con-
gentleman. sidered important at any time, it takes
Mr. HANSEN of Idaho. Mr. Speaker, on an added importance now due to the
I rise in support of the legislation before uncertainty concerning the disposition
us. I want to commend the principal of Mr. Nixon's papers and tapes. Mr.
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CONGRESSIONAL RECORD - HOUSE December 3, 19,,7J,
Speaker, I believe it is intolerable to al-
low this dispute over the former Pres-
ident's papers to drag on indefinitely.
Can we really afford to let the important
questions surrounding Mr. Nixon's situa-
tion--and indeed that of other Federal
officials-be left to shifting legal opinions
and bad precedent? I believe not and I
ask my colleagues to take a positive step
toward resolving this matter by creating
the study commission authorized in this
amendment.
Mr. Speaker, I yield such time as he
may consume to the gentleman from
New Hampshire (Mr. CLEVELAND).
Mr. CLEVELAND. Mr. Speaker, I
thank the gentleman for yielding to me.
I would like to say, Mr. Speaker, that
I concur generally with the remarks of
the gentleman from Indiana and the
gentleman from Idaho. I was unable to
be at the hearings on this legislation-
which I think were too brief-because
of the time element. I did have several
reservations about the legislation but
these were chiefly answered by amend-
ments which the majority accepted and
language in the report. My reservations
concerned the matter of title and the
matter of executive privilege as set forth
in decision of the Supreme Court on
July 24, 1974.
This is not only an attempted short-
term solution to a particular problem,
but also a long-term solution to a gen-
eral problem. I hope that the long-term
solution will prove successful, as well as
the short-term solution prove fair to all
concerned. Although I am not sure the
matter has had enough study, I do feel
the legislation and report has sufficient
safeguards so I can support it.
Mr. HANSEN of Idaho. Mr. Speaker, I
yield such time as he may consume to the
gentleman from Iowa (Mr. GROSS).
(Mr. GROSS asked and was given per-
mission to revise and extend his re-
marks.)
Mr. GROSS. Mr. Speaker, I thank the
gentleman for yielding to me. I take this
time to ask the gentleman from Indiana
a question or two concerning this whole
proceeding. I do not know that I have
any substantial opposition to the bill, but
precisely what bill are we dealing with?
I was given a bill by the document
room. S. 4016, a 6-page bill, to study be-
fore the action on the floor today. Now,
I find that we are considering another
S. 4016, a 23-page bill, which in some
respects differs substantially with the bill
I was handed by the document room.
I might ask the gentleman also, so that
he can include it in his response, if he
will, when the report on this bill became
available? I could not get a copy of the
report on this bill last week. Was the
report made available only today?
Mr. BRADEMAS. If the gentleman
will yield, I would say, first, with respect
to the copy of the bill that was supplied
to the gentleman from Iowa by the docu-
ments room, I of course have no knowl-
edge of that, and if that is an error, it is
an error on the part of the document
room, not on the part of the gentleman
from Indiana.
Second, with respect to the availability
of the report on S. 4016, as amended, the
report (H. Rept. 93-1507) was filed on
Wednesday evening, November 27. I as-
, ume, therefore, that it was available as
,,oon as the Government Printing Office
made it available. I cannot tell the gen-
tleman If it was printed overnigiit or nor,
but it was filed in a timely fashion.
Mr. GROSS. Filing it in the House i.:7
one thing, and calling it up on the finer
of the House is quite another. I do not
know whether to blame the document
room for having given me the S. 4016
that it did. Which bill are we considering,
k;ince the gentleman seems to want to
take issue with the distribution of the
bill by the document room? Which one
does the gentleman now wish to be con-
idered by the House?
Mr. BRADEMAS. The same bill thr.t
was reported (H. Rept. 93-1507) on No-
"ember 27, 1974, with the committee
amendment printed in it and which was
referred to the Union Calendar (No.
"29).
Mr. GROSS. Does the gentleman have
any idea why S. 4016, under the date of
October 7, 1974, would be distributed as
a matter to be considered?
Mr. BRADEMAS. No. I would say some
deficiency or maladministration on the
part of the House document room.
The SPEAKER pro tempore. Does the
gentleman from Indiana desire to yield
further time?
Mr. BRADEMAS. Mr. Speaker, I would
be glad to yield 3 minutes of my remain-
ing 4 minutes to the gentleman froze
Texas (Mr. BROOKS).
Mr. Speaker, I would like to take a mo-
ment, in yielding to the gentleman from
'Texas. As a leader on the Committee on
Government Operations, I observe that
the gentleman has been a particularly
concerned Member of this House with
respect to the subject matter of this
bill. I want to commend the gentleman
from Texas for the tenacity and the
depth of his concern with what I know
he and I both agree is a most important
problem.
I will be glad to yield to the gentleman
from Texas.
(Mr. BROOKS asked and was given
permission to revise and extend his re-
marks.)
Mr. BROOKS. Mr. Speaker, I support
the basic objective of S. 4016, that is to
preserve and protect the papers, tapes
and other materials of former President
Richard M. Nixon.
Under normal circumstances, such
legislation would not be necessary. Re-
cent Presidents have all placed their
papers in the public domain, so those en-
gaged in historic research may have full
access to the materials. The Governmei t
Operations Committee has enacted' leg-
islation which establishes Presidential
libraries to house such papers.
The Presidential libraries law places
an obligation upon the Administrator
of General Services to negotiate with a
former President not for ownership bit
over the best means to preserve and pre-
Iect the papers for the ultimate beneft
of the public. If the letter and spirit of
this law, as well as past precedent, had
been followed,. there would be little need
for us to legislate here.
However, GSA Administrator Arthur
Sampson, contrary to the requirement of
law that he negotiate to preserve and
protect these papers, entered into an
agreement giving Mr. Nixon the right to
destroy or otherwise dispose of the tapes
and other papers of his administration.
Because of the nature of certain of
these materials, there is a realistic fear
many may be destroyed if not preserved
in the Government's possession. It is
clear, then, that enactment of S. 4016 is
essential if vital Presidential materials
are to be preserved and ultimately made
available to the American public.
There is, however, one aspect of the
bill with which I strongly disagree. If
the courts determine that some or all of
former President Nixon's papers are, in
fact, private property, then, taking pos-
session of them by the Federal Govern-
ment would be in violation of the Consti-
tution unless compensation were ren-
dered the owner. The bill properly seeks
to meet this contingency.
.1 am concerned, however, that S. 4016
'obligates the taxpayers to pay Richard
Nixon any amount of money which a
court determines all the papers to be
worth. This "blank check" authority is
unfortunate. I do not believe the tax-
payer should be irrevocably obligated
to turn over what might be unlimited
millions of dollars to Mr. Nixon. His dis-
regard for the public good, his use of
the Presidency to enrich himself, and
his total demeaning of the Office of
President should stop him from further
public enrichment.
Rather than authorizing blank check
payment for all Mr. Nixon's papers
should a court hold them to be private
property, S. 4016 should authorize Con-
gress to appropriate only such sums of
money as they deem in the public inter-
est. This would allow Congress, upon
seeking expert opinion, to buy selec-
tively those papers of a truly historic
nature while allowing Mr. Nixon to take
the rest home to burn, sell or otherwise
deprive the American people of as he
desires. -
Mr. BRADEMAS. I thank my colleague
from Texas. I am very sympathetic to his
point of view. I would say, in respect of
the point he made regarding the authori-
zation of the payment of just compensa-
tion, this provision of the bill authorizes
no more than what the Constitution
would require if a court were to hold that
the tapes and other documents are the
personal property of Mr. Nixon. The pro-
vision was included in the bill to guard
against a possible claim that the legisla-
tion is unconstitutional because it takes
private property without providing just
compensation:
Mr. Speaker, I thank the gentleman
from Texas for his contribution.
Mr. Speaker, I yield such time as she
may consume to the gentlewoman from
New York (Ms. ABzU(;).
(Ms. ABZUG asked and was given
permission to revise and extend her
remarks.)
Ms. ABZUG. Mr. Speaker, I rise in
support of this measure.
Mr. Speaker, this bill is long overdue
and I hope that the House will act on it
favorably, not only because of the cur-
rent controversy, but to set a precedent
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De ie: tber 3, 1974 CONGRESSIONAL RECORD - HOUSE H 11211
if a similar situation should ever arise. tion to which they are entitled. The bill, the priority consideration you are giving to
We can hope that' we will never again essentially a holding action to preserve this urgent matter.
This agreement rests on a mushy founda-
tion a corrupt administration; but we the Nixon tapes and papers, requires the tion of tradition not law. It presumes that
must protect the public from what we Federal Government to take complete Presidential papers, documents and tapes
now know can happen. possession and control of the tapes and are the personal property of the President
Title I of S. 4016 would nullify all other Presidential materials of Mr. during whose tenure of office they are pro-
agreements regarding historical mate- Nixon's tenure. The legislation does not duced. The agreement therefore proposes to
rials between Mr. Nixon and the GSA. itself determine the question of title but maintain these materials in the custody of
It would establish the principle that his- does provide for an expedited procedure the Federal government at a storage facility
toric documents produced by a Govern- under which ownership questions may be near Mr. Nixon's home in California, while
ment official during a term in office are resolved. If the courts determine that giving him complete control of access to the
materials, and the right to withdraw and de-
the property of the Government and not the materials constitute the private stroy any and all papers after 3 years, and
the property of the individual, property of former President Nixon, then tape recordings after five years. The tapes
To me it is outrageous that any Presi- because these papers are imbued with would all be destroyed if Mr. Nixon should
dent should have been allowed to use the public interest, the Federal Govern- die before the five-year period had elapsed.
such papers for private gain. It is in- ment will pay appropriate compensation. While the right of access to the materials
credible that Mr. Nixon should claim By this means we are insured the pre- through court subpoena is specified in the
tapes and other documents, as his own, servation of and accessibility to the his- agreement, no provision is made for third
party supervision, which could allow the
apparently to enable him to make an- torical record of these recent momentous former President to make undisputed claims
other $2 million from a book contract- events of our Nation's history. I fully that certain subpoenaed evidence simply
and then be permitted to destroy the supporttthis legislation as I strongly be- does not exist.
records. Under this agreement, if Mr. lieve it is our responsibility to provide Since the former President can certainly
Nixon should die, the tapes needed for every possible opportunity for each citi- be expected to resist any court subpoena
Watergate prosecutions could have been ze to confront the unscreened facts of for these materials, there is a clear and
immediately destroyed. Such attempts to the past to be better prepared to adopt . present danger that this agreement may be
the final act of coverup in the Watergate
conceal evidence provide a second or the measures and the legislation neces- affair. It could well prevent the full story of
third level of coverup-and if successful sary to stop future Watergates. the Nixon Administration's violations of the
would have thwarted forever the people's This is critical freedom of information law and the Constitution from full disclo-
right to know. Fortunately, a Federal legislation and I urge my colleagues to sure, leaving history and the American peo-
districtcourt has issued a temporary re- support its passage. ple with an incomplete understanding of the
straining order preventing such an out- Mr. BINGHAM. Mr. Speaker, I rise in traumatic events of the last few years and
come, pending passage of this.bill. support of S. 4016 which would require the lessons they must teach. Worse still,
since that limited understanding
S. 4016 makes the Nixon historical the Federal Government to retain cus- is based
on a record that is replete, with gaps and
materials available for lawful use by tody of all tapes, papers, and documents unanswered questions, it is quite possible
Government agencies and by the public, which constitute historical materials that Richard Nixon will resurrect his claims
with priority given to the Watergate spe- produced by the Nixon White House. of innocence in the years ahead and appeal
cial prosecution force. It allows the Since the day former President Nixon to these who believe he was driven from
former President access to the,, materials, resigned, I have been urging that action office by partisan furies and the news media.
but protects them from destruction. be taken by the Congress to.insure that In these circumstances, I do not believe
Title II of the bill sets up a temporary, the full story of Watergate and the national the in nation in should meepleting kly th ie sacrfice the
investi-
Public Documents Commis- Nixon administration's abuses of power 'of R Rich Nixon's administration
17-member
zion, including historians and archivists, eventually become known. The American gation historical which
ecause of historical precedents under whcto study and recommend procedures for people are entitled to know the full story former Presidents have been allowed to
the control, disposition, and preservation of the past few years, and to be spared retain their papers, I have introduced legis-
of historical records. From their recom- the possibility of the resurrection of lation which has been referred to this Sub-
mendations we can expect appropriate claims of innocence by the former Presi- committee which would establish by statute
legislation to prevent, in future, corltro- dent. that the official papers of all Federal elected
versies over the control of Government The legislation before us today should officials are the property of the American
records. make such full disclosure possible. of people. General would Services to require obtain Administrator
obtain all public
This bill contains the best provisions S. 4106 would prevent the Administrator documents of Presidents, Vice Presidents,
of several others offered. Basically it pro- of the General Services Administration Senators and Members of the House within
tects the public right to inspect and pro- from turning over all the White House 180 days after they cease to hold office,
tect the records of Government officials. files to the former President as he had whereupon these documents would be de-
Anything less is an abandonment of agreed to do, an action which would have posited in the National Archives of the
democratic procedures. inevitably led to the destruction of much United States. "Public documents" are de-
I commend the committee and urge of this historical material. The bill also fined as "books, correspondence, documents,
immediate passage of S. 4016. establishes a National Study Commis- papers, pamphlets, models, pictures, photo-
graphs, plats, maps, films, motion pictures,
Mr. McKINNEY. Mr. Speaker, what sion to study the disposition and preser- sound recordings, and other objects or mate-
with President Ford's pardon of former vation of records and documents of all rials which shall have been retained by an
President Nixon, coupled with the an- Federal elected officials. I expect this individual holding elective office under the
nouncement of the agreement governing Commission, as well as the Federal United States and which were prepared for
Mr. Nixon's ownership of his Presiden- courts, will grapple with the ultimate or originated by such individual in connec-
tial historical materials, I feared the questions; that is, who owns and who tion with the transaction of public business."
pr
American public would never know the should own Presidential documents, the I am convinced that there Is ample -
fieation for establishing by ry statute the prin-
full truth of the Watergate scandals. former President or the American ciple of public ownership of elected officials'
And since those 2 years were long and people? documents. These materials have been pre-
agonizing to the Nation, I felt the Mr. Speaker, on September 30 I testi- pared by people on government payrolls, on
American people had the right to know fied before the House Administration government time, with government mate-
the facts, to know the full story. Second- Subcommittee on Printing in support of rials, pursuant to government business.
hand accounts simply would not suffice. this legislation, and I include that state- These materials are clearly part of the offi-
Hence I introduced legislation requiring ment at this point in my remarks: cial history of the united States and should
not be subject to the risks of loss or
the Special Prosecutor to deliver to Con- STATEMENT BY THE HONORABLE JONATHAN destruction if placed in private. hands. The
gress all materials and reports obtained BINGHAM Library of Congress has the papers of 23
by his office in the course of his laves- Mr. Chairman, the September 7, 1974 agrlVe- former Presidents, none of which are com-
tigation, these documents to be eventu- ment on the disposition of Presidential plete, often because prior custodians de-
ally available to the public. papers between former President Richard stroyed portions of them. Attorney General
The legislation before us, S. 4016, has Nixon and Mr. Arthur Sampson, Adminis- Saxbe's opinion on the question of owner-
The of the General Services Administra- ship leans heavily on the largely unchal-
basically the same goal as the measure. tion, is an appalling abuse of historical prec- lenged practice of prior Presidents who have
I introduced, that is, insuring that the edent. It must not be allowed to take effect, taken their papers with them on leaving the
American public will have the informa I commend you and your Subcommittee for White House. It is important to note, how-
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1111212 CONGRESSIONAL RECORD - HOUSE December 3; ,1974
ever, that many Presidents have immediatel_, session and control of all tapes and docu- leadership of America remembered for the
deposited their papers with the Library of ments as a kind of protective custody for quality of his character, courage, and
Congress. Moreover, the tradition of private critically important public business. The commonsense;
ownership began with George Washington, Committee relies heavily on the Truman because of the desirability of encouraging
wno apparently took his papers with hint precedent, cited by Attorney General Saxbe, young people to recognize and provide service
principally because the Government had no under which certain of the Roosevelt papers in the highest and best traditions of the
place to store them at the time. The Library relating to the prosecution of World War IT American political system at all levels of
of Congress did not exist in the early day:; were retained by President Truman 'or' a government, it is especially appropriate to
of the Republic, so Washington retained hi!, limited period of time. honor former President Harry S. Truman
papers, acknowledging that they were "t. However, the Senate Committee dic not through the creation of a perpetual education
species of public property sacred in my take a position on the question of property scholarship program to develop increased
bonds." rights, merely providing for just compensa- opportunities for young Americans to prepare
Not only is the historical precedent for pri?- tion if a U.S. court of competent jurisdiction and pursue careers in public service.
vase ownership of Presidential papers a dubs- should rule that Mr. Nixon was deprived of
on,. one, it has never been incorporated in his rights to the materials involved. Such a DEFINITIONS
public law. Attorney General Saxbe in his court test and authorization for compensa- SEC. 3. As used in this Act, the term-
opinion-refers to Congressional "recognition,' tion are inevitable and necessary, but a post- (1) "Board" means the Board of Trustees
"sanction," and "assumption" of this prin- tive Congressional declaration that elected of the Harry S. Truman Scholarship Founda-
ciple, but nowhere is there a law (much less officials' public documents are public prop- tion;
a provision in the Constitution) which de- erty is equally important. Professor Arthur (2) "Foundation" means the Harry S. Tru-
ch.res that Presidents or other elected offi- Miller of George Washington University has man Scholarship Foundation;
vials own the papers and documents they succinctly stated the case for placing title (3) "fund" means the Harry S. Truman
produce while in office. Enactment of legis- "where it belongs-in the government.' He Memorial Scholarship Fund;
lotion such as I have proposed would not re- points out that "If the former President (4) "institution of higher education"
verse any prior legislative action, thereby per- contested that, .a judicial ruling could then means any such institution as defined by
baps taking title from a present owner, but determine the question of legal title. Even section 1201(a) of the Higher Education
imtead would establish by statute public if the courts ruled for Nixon, the papers and Act of 1965; -
title to documents whose ownership has tapes could still be taken by eminent do-
never been definitely decided before. main-provided, of course, tfia- the Co'isti-
Tn the months since I Introduced this tutional requirement of.'just compensation'
was paid. I have considered its ramifica- . It highly the iona
l
tions to some detail and have concluded that would rule a agaainnst st an n exp express Congressional
further study and refinement may well be decision."
This approach would enable the Congress
necessary. There are serious and complex to overturn the Nixon-Sampson agreement
questions involved which are not easily an- which is so clearly contemptuous of the na-
swered. How should access to these materials tional interest, and to preserve the White
be allowed and who should establish such House tapes and documents. It would also
rules as are deemed necessary? What pro- allow the Congress time to consider the rec-
tection should be allowed for personal, po- ommendations of the Commission on Federal
litical or national security matters? Would Documents. I urge your Committee to ;ake
this legislation impede elected officials in speedy action along these lines.
theirduties since they might fear early dis-
closure of embarrassing or confidential In- Mr. BRADEMAS. Mr. Speaker, I have
formation? Might they surreptitiously make no further requests for time.,
efforts to purge their files while still in Mr. HANSEN of Idaho. Mr. Speaker, I
office? What if the Supreme Court should have no further requests for time.
ultimately decide that former Presidents do The SPEAKER pro tempore (Mr. Mc-
have a property right to their papers? Should FALL).' The question is on the motion
not. a method of compensation then be
provided? offered by the gentleman from Indiana
(5) "State" means each of the several
States, the District of Columbia, the com-
monwealth of Puerto Rico, and, considered
as a single entity, Guam, the Virgin Islands,
American Samoa, and the Trust Territory of
the Pacific Islands; and
(6) "Secretary" means the Secretary of
the Treasury,".
SEC. 4. The Harry S. Truman Scholarship
Program as authorized by this Act shall be
the sole Federal memorial to President Harry
S. Truman.
ESTABLISHMENT OF THE HARRY S. TRUMAN
SCHOLARSHIP PROGRAM
SEC. 5. (a) There is established, as an in-
dependent establishment of the executive
branch of the United States Government,
the Harry S. Truman Scholarship Founda-
tion.
(b) (1) The Foundation shall be subject
to the supervision and direction of a Board
of Trustees. The Board shall be composed
of thirteen members, as follows:
the establishment of a National Study Com- the rules and pass the Senate bill S. 4016, eaep
mission on F
d
l
e
era
Records and Documents as amended. Presid
of Federal Officials, as you proposed, Mr. The question was taken; and (tvo-
Chairman
on September 26
Ho
f
ll
a
)
,
.
pe
u
y, such thirds having voted in favor thereof) the se
a
a Commission could study these questions rules were suspended and the Senate bill, to be
anrt others, and recommend to the Congress as amended, was passed. (C)
detailed legislation to deal with them
pending agreement concerning materials gen-
erated in the White House during Richard
Nixon's five-and-a-half years in office. That
agreement has not been implemented be-
cause of objections raised by the Special
Prosecutor, and perhaps because the reaction
to that agreement in Congress has been
devastating. Both House and Senate Appro-
priations Committees have refused to ap-
prove President Ford's request for $110,000
to implement that agreement by building
and maintaining a storage facility In Cali-
fornia for the documents. But delay In Con-
gressional action to block the transfer of
these Presidential tapes and papers must be
avoided.
If Immediate action is not taken an legis-
-lation establishing the government's pro-
prietary right to these, materials, then I
urge you to incorporate provisions in the bill
you report asserting the Federal government's
rights to the Nixon tapes and documents and
requiring that they remain in the custody
of the government In Washington, D.C. As
you know, the Senate Government Opera-
tions Committee last week reported legisla-
tion to block the papers agreement by direct-
ing the Administrator of General Services,
notwithstanding any agreement with the
former President, to obtain complete poe-
SCHOLARSHIP ACT
Mr. O'HARA. Mr. Speaker, I move
17481) to establish the Har . ruman
memorial scholarship program, and for
other purposes, as amended.
The Clerk read as follows:
H.R. 17481
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled: That this
Act may be cited as the "Harry S. Truman
Memorial Scholarship Act".
STATEMENT OF FINDINGS
SEC. 2. The Congress finds that-
because a high regard for the public tr-.ist
and a lively exercise of political talents w ?re
outstanding characteristics of the thirty-
third President of the United States;
because a special interest of the man from
Independence in American history and a
broad knowledge and understanding of the
American political and economic system
gained by study and experience in county
and National Government culminated in the
advi
one
St
or
eight members, not more than four of
shall be of the same political party,
appointed by the President with the
and consent of the Senate, of whom
representatives of the general public; and -
(D) the Commissioner of Education or his
designate, who shall serve ex officio as a mem-
ber of the Board, but shall not be eligible
to serve as Chairman.
(c) The term of office of each member of
the Board shall be six years; except that (1)
the members first taking office shall serve
as designated by the President, four for terms
of two years, five for terms of four years
and
,
four for terms of six years, and (2) any
member appointed to fill a vacancy shall
serve for the- remainder of the term for which
his predecessor was appointed, and shall be
appointed in the same manner as the original
appointment for that vacancy was made.
(d) Members of the Board shall serve
without pay, but shall be entitled to reim-
bursement for travel, subsistence, and other
necessary expenses incurred in the perform-
ance of their duties.
SCHOLARSHIPS
SEC. 6. (a) The Foundation is authorized
to award scholarships to persons who demon-
Approved For Release 2001/11/01: CIA-RDP76M00527R000700170019-6