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"Chapter 39—PUBLIC DOCUMENTS OF ELECTED

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OFFICIALS

“Sec.
“3901. Definitions.
“3902. Retention of documents produced by elected officials.
“3903. Transmission of public documents to Administrator of General

Services.
63904. Preservation of public documents.
"2905. Judicial review.

3 "g3901. Definitions

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“For purposes of this chapter

“(1) the term 'elected official of the United States' means the President, Vice President, Senator, and

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Member of (or Resident Commissioner or Delegate to)

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the House of Representatives, including any individual holding such office for any period by reason of appointment to such office or succession to such office;

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“(2) the term 'public documents' means, with respect to any elected official of the United States, the

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books, correspondence, documents, papers, pamphlets, models, pictures, photographs, plats, maps, films, motion pictures, sound recordings, and other objects or materials which are prepared for or originated by such official in connection with the performance of the duties of the office of such official during any period when such official held elective office, which are not transferred by such official under authority of law during such period, and which would not have been prepared if such official

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had not held such office; except that copies of public

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documents preserved only for convenience of reference

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are not included; and

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“(3) the term 'educational institution' includes any public or nonprofit private library, school, college, or university.

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7 “g 3902. Retention of documents produced by elected offi

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"All books, correspondence, documents, papers, pam

10 phlets, models, pictures, photographs, plats, maps, films, 11 motion pictures, sound recordings, and other objects or ma12 terials which are prepared for or originated by any elected 13 official of the United States in connection with the transac

14 tion of public business during any period when such official 15 holds elective office, which are not transferred by such offi16 cial under authority of law during such period, and which 17 would not have been prepared if such official had not held

18 such office shall be retained by such official for transmis

19sion and preservation pursuant to sections 3903 and 3904

20 of this title.

21 "8 3903. Transmission of public documents to Administra

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23 "Within one hundred and eighty days after an elected 24 official of the United States ceases to hold his office, the Ad

25 ministrator of General Services shall obtain any objects or

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i materials of such elected officials which the Administrator

2 determines to be public documents within the meaning of 3 section 3901 (2) of this title, and such elected officials shall

4 transmit such documents to the Administrator.

5 "8 3904. Preservation of public documents

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"The Administrator of General Services shall deposit

7 in the National Archives of the United States the public

8 documents of each elected official of the United States ob

9 tained under section 3903 of this title, except that such Ad

10 ministrator shall donate all or any portion of such documents 11 to any educational institution designated by the elected

12 official from whom such documents were obtained if such

13 official directs such Administrator to so donate all or any

14 portion of such documents within the one hundred and 15 eighty-day period described in section 3903. Sections 2101 16 through 2113 of this title shall apply to all public documents 17 accepted by the National Archives under this section. 18 "g3905. Judicial review

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"A decision by the Administrator of General Services 20 that any object or material is a public document of an elected 21 official of the United States within the meaning of section 22 3901 (2) of this title shall be a final agency decision within 23 the meaning of section 702 of title 5.". 24 (b) The table of chapters, preceding chapter 1 of title

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1 44, United States Code, is amended by adding at the end

2 thereof the following:

“39. Public Documents of Elected Officials

3901".

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SEC. 3. Section 641 of title 18, United States Code, is

4 amended by adding at the end thereof the following new 5 paragraph: 6 “The word 'record' means all books, correspondence, 7 documents, papers, pamphlets, models, pictures, photographs, 8 plats, maps, films, motion pictures, sound recordings, and 9 other objects or materials which are determined by the Ad

10 ministrator of General Services to be public documents under

11 chapter 39 of title 44, United States Code."

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SEC. 4. The amendments made by sections 2 and 3 of 13 this Act apply to books, correspondence, documents, papers, 14 pamphlets, models, pictures, photographs, plats, maps, films, 15 motion pictures, sound recordings, and other objects or ma16 terials prepared or originated after the date of the enactment

17 of this Act.

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SEC. 5. (a) Notwithstanding any other provision of law

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or any agreement or understanding made pursuant to section

20 2107 of title 44, United States Code, or made pursuant 21 to any other provision of law, the Administrator of General 22 Services shall obtain or retain, as the case may be, complete 23 possession and control of all public documents, as defined 24 in section 3901 (2) of title 44, United States Code (as

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1 added by section 2 of this Act), prepared for or originated 2 by the President of the United States during the period 3 beginning January 20, 1969, and ending August 9, 1974.

(b) None of the documents referred to in subsection (a) 5 may be destroyed except as may be provided by Congress.

(c) If a Federal court of competent jurisdiction should 7 decide that the provisions of this section have deprived any 8 individual of private property without just compensation, 9 then the Administrator may provide compensation as may 10 be adjudged just by such court. 11 (d) The Administrator shall prescribe regulations to

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12 assure the protection of the documents referred to in sub

13 section (a) from loss, destruction, or access to unauthorized

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persons. 15 (e) The Administrator shall prescribe regulations gov16 erning public access to the documents referred to in subsec17 tion (a). In prescribing these regulations, the Administrator

18 shall

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(1) provide that information relating to the national security shall not be disclosed, except pursuant to paragraph (2) of this subsection;

(2) provide that all such documents may be sub

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ject to court subpena or other legal process;

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(3) provide that there shall be no disclosure of or

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access to any such document, except pursuant to para

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