5 1 44, United States Code, is amended by adding at the end 2 thereof the following: 3 "39. Public Documents of Elected Officials___. 3901". 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 Ad10 ministrator of General Services to be public documents under 11 chapter 39 of title 44, United States Code." 12 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. 18 SEC. 5. (a) Notwithstanding any other provision of law 19 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 6 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. 4 (b) None of the documents referred to in subsection (a) 5 may be destroyed except as may be provided by Congress. 6 (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 12 assure the protection of the documents referred to in sub13 section (a) from loss, destruction, or access to unauthorized 14 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 (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 ject to court subpena or other legal process; (3) provide that there shall be no disclosure of or access to any such document, except pursuant to para 1 2 3 4 5 6 7 8 9 10 11 12 13 graphs (2) and (4) of this subsection, if such document may be used as evidence in a judicial proceeding or if such disclosure or access of such document may prejudice the right of any individual to a fair and impartial trail; and (4) provide that Richard M. Nixon, or any person whom he may designate in writing, shall at all times have unrestricted access to such documents for copying or any other purpose, except that any regulation governing such access shall be consistent with regulations prescribed pursuant to subsection (d). SEC. 6. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this 14 Act. To protect and preserve tape recordings of conversations involving former President Richard M. Nixon and made during his tenure as President, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 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". 5 SEC. 2. (a) Notwithstanding any other agreement or un6 derstanding made pursuant to section 2107 of title 44, United 7 States Code, or any other law, any Federal employee in pos8 session shall deliver, and the Administrator of General Serv9 ices shall receive, obtain, or retain complete possession and 10 control of all original tape recordings of conversations which 2 1 were recorded or caused to be recorded by any officer or 2 employee of the Federal Government and which 3 4 5 6 7 8 9 10 11 121 (1) involve former President Richard M. Nixon 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, (3) were recorded between January 20, 1969, and August 9, 1974, inclusive. 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 Presi19 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. 23 SEC. 3. (a) None of the tape recordings, or other mate24 rials, referred to in section 2 above shall be destroyed except 225 25 as may be provided by Congress. |