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graphs (2) and (4) of this subsection, if such docu

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ment may be used as evidence in a judicial proceeding or if such disclosure or access of such document may

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prejudice the right of any individual to a fair and impartial trail; and

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(4) provide that Richard M. Nixon, or any per

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son whom he may designate in writing, shall at all times

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have unrestricted access to such documents for copying

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or any other purpose, except that any regulation gov-
erning such access shall be consistent with regulations
prescribed pursuant to subsection (d).
SEC. 6. There are authorized to be appropriated such

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sums as may be necessary to carry out the provisions of this

14 Act.

93D CONGRESS

2D SESSION

S. 4016

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 7, 1974
Referred to the Committee on House Administration

AN ACT To protect and preserve tape recordings of conversations involv

ing former President Richard M. Nixon and made during his tenure as President, and for other purposes.

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Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the “Presidential Recordings

4 and Materials Preservation Act”.

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SEC. 2. (a) Notwithstanding any other agreement or un

6 derstanding made pursuant to section 2107 of title 44, United

7 States Code, or any other law, any Federal employee in pos

8 session shall deliver, and the Administrator of General Serv

9 ices shall receive, obtain, or retain complete possession and

10 control of all original tape recordings of conversations which

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i were recorded or caused to be recorded by any officer or

2 employee of the Federal Government and which

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(1) involve former President Richard M. Nixon

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and/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 Executive Office Building located in Washington, District of Columbia; Camp David, Maryland; Key Biscayne, Florida; San Clemente, California; and

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(3) were recorded between January 20, 1969, and

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13 (b) Notwithstanding any other agreement or understand14 ing made pursuant to section 2107 of title 44, United States 15 Code, or any other law, the Administrator of General Services

16 shall receive, retain, or make reasonable efforts to obtain,

17 complete possession and control of all papers, documents, 18 memorandums, and transcripts which constitute the Presi

19 dential historical materials of Richard M. Nixon as defined

20 in section 2101 of title 44, United States Code, covering the

21 period between January 20, 1969, and August 9, 1974,

22 inclusive.

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SEC. 3. (a) None of the tape recordings, or other mate

24 rials, referred to in section 2 above shall be destroyed except

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1 (b) Notwithstanding any other provision of this Act, 2 or any other law, or any agreement or understanding made

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pursuant to section 2107 of title 44, United States Code, the

4 tape recordings and materials referred to in section 2 of this

5 Act shall, immediately upon the date of enactment of this 6 Act, be made available, subject to any rights or privileges 7 which any party may invoke, for use in any judicial proceed8 ing or otherwise subject to court subpena or other legal 9 process: Provided, That any request by the Office of Water10 gate Special Prosecution Force, whether by court subpena,

or other lawful process, for access to the tape recordings 12 and materials, referred to in section 2 of this Act, shall at

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13 all times have priority over any other request for such 14 tapes or materials. 15 (c) Richard M. Nixon, or any party whom he may 16 designate in writing, shall at all times have access to the 17 tape recordings and other materials referred to in section 2 18 of this Act for any purpose, subject to the regulations which 19 the Administrator shall issue pursuant to section 5 of this

20 Act.

21 SEC. 4. If a Federal court of competent jurisdiction 22 should decide that the provisions of this Act have deprived 23 any individual of private property without just compensa24 tion, then there shall be paid out of the general fund of the

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1 Treasury such amount or amounts as may be adjudged 2 just by a Federal court of competent jurisdiction. 3 SEC. 5. The Administrator shall issue at the earliest

4 possible date such reasonable regulations as may be neces

5 sary to assure the protection of the tape recordings, and

6 other materials, referred to in section 2 above, from loss,

7 destruction, or access to by unauthorized persons. Custody

8 of such tape recordings and other materials shall be main

9 tained in Washington, District of Columbia, except as may

10 otherwise be necessary to carry out the provisions of this

11 Act.

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SEC. 6. (a) The Administrator shall, within ninety days

13 after the enactment of this Act, submit to the Congress a

14 report proposing and explaining regulations governing access 15 to the tape recordings and other materials referred to in sec16 tion 2 of this Act. Such regulations shall take into account 17 the following factors: 18

(1) the need to provide the public with the full 19 truth, at the earliest reasonable date, of the abuses of 20 governmental power, popularly identified under the 21 generic term, “Watergate”;

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(2) the need to make the tape recordings and other materials available for use in judicial proceedings;

(3) the need to prevent general access, except for

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