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Nixon - Papers Access Regulations (1)
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Nixon - Papers Access Regulations (1)
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Philip W. Buchen Files
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General Services Administration. (07/01/1949 - )
Nixon, Richard M. (Richard Milhous), 1913-1994
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The original documents are located in Box 28, folder "Nixon - Papers Access Regulations
(1)" of the Philip Buchen Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
UNITED STATES OF AMERICA
GENERAL SERVICES ADMINISTRATION
WASHINGTON, D.C. 20405
ADMINISTRATOR
December 23, 1974
Mr. Philip Buchen
Council to the President
White House
Washington, D.C.
Dear Mr. Buchen:
I'm enclosing for your information, a draft copy of
temporary regulations pursuant to the Presidential
Recordings and Materials Preservation Act; providing
for access to the Nixon Presidential materials for the
Special Prosecutor, the former President, and federal
agencies.
Sincerely,
Arthur F. Sampson
Administrator
Enclosure
GERALD FORD LIBRARY
Digitized from Box 28 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
GU U
December 19, 1974
Revised 12-23-74
TITLE 41 - PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
CHAPTER 105 - GENERAL SERVICES ADMINISTRATION
PART 105-63 - PRESERVATION AND PROTECTION
OF AND ACCESS TO THE PRESIDENTIAL
MATERIALS OF THE NIXON ADMINISTRATION
$105-63.000 - Scope of Part.
This part sets forth policies and procedures concerning the
preservation and protection of and access to the tape recordings,
papers, documents, memorandums, transcripts, and other objects
and materials which constitute the Presidential materials
of Richard M. Nixon, covering the period beginning January 20, 1969,
and ending August 9, 1974.
SUBPART 105-63. 1 - GENERAL PROVISIONS
105-63. 101 - Purpose.
This part 105-63 implements the provisions of Title I of the
Presidential Recordings and Materials Preservation Act (Public Law
93-
; 88 Stat.
; 44 U.S.C.
et seq.). It prescribes policies and
procedures by which the General Services Administration will preserve,
protect and provide access to the Presidential materials of
the Nixon Administration.
105-63. 102 - Application.
This part 105-63 applies to all of the Presidential
GERALD FORD LIBRARY
materials of the Nixon Administration in the custody of the Administrator
L 13
of General Services pursuant to the provisions of Title I of the Presidential
Recordings and Materials Preservation Act, 44 U.S.C.
et seq.
§105-63.103 - Legal Custody.
The Administrator of General Services has legal custody and control
of all Presidential historical materials of the Nixon Administration held
pursuant to the provisions of the Presidential Recordings and Materials
Preservation Act, 44 U.S.C.
et. seq.
105-63. 104 - Definitions.
[Reserved]
FORD is LIBRARY GERALD
DRAFT
SUBPART 105-63.2 - PRESERVATION AND
PROTECTION
$105-63.201 - Responsibility.
The Administrator of General Services or his designated agent is
responsible for the preservation and protection of the materials. He may
arrange with other Federal agencies for assistance in preserving and pro-
tecting the materials.
$105-63.202 - Security.
The Administrator or his designated agent will control access to all
areas designated as security areas. Such control will include:
(a) Physical possession of all keys which control access to the
security areas. A copy of each key will be deposited in locations
designated by current fire and/or national security regulations with
instructions that such keys may only be used in instances where the
materials or their environs are subject to damage or loss. All such
emergency use shall be reported to the Administrator or his designated
agent as soon as possible.
(b) Exclusive knowledge of all lock combinations which control
access to the security areas. Copies of the combinations are to be
placed in such locations as required by current fire and/or national
FORD LIBRARY
security regulations and with the GSA Securities Division (BIS) in realed
envelopes with instructions that the envelopes may be opened only in
instances where the materials or their environs are subject to damage
DKAT a
or loss. All such emergency use shall be reported to the Administrator
or his designated agent as soon as possible.
$105-63.203 - Security Areas.
All materials currently stored in areas secured by Executive
Protection Service controlled alarm systems will continue to be stored
in these or equally secure areas unless specifically exempted, in writing,
from such security by the Administrator or his designated agent.
$105-63.204 - Work Areas.
The Administrator or his designated agent shall provide for appropriate
locations within the Metropolitan Area of the District of Columbia as work
areas to be used for the purpose of inventorying, indexing, reviewing, and/or
copying materials in accordance with appropriate authorizations. When in
use, security in such work areas will be equivalent to that in effect in
the storage area from which the materials are removed, unless the adminis-
trator or his designated agent waives such equivalent security in writing.
$105-63.205 - Access Procedures.
(a) Each access authorized under this Part is to be preceded by the
Administrator or his designated agent's receiving and/or preparing
appropriate documentary authorization.
(b) Each access is to be thoroughly documented and such
documenta GERMLA R. FORD LIBRARY
tion shall include:
(1) reasons for the access;
(2) time of the access;
(3) individuals involved in the access;
(4) record of all activities during the access;
(5) record of all materials removed, if any;
(6) time of the completion of the access.
(c) Each access to the security areas will occur only in the presence
of the Administrator or his designated agent. At least two persons shall
be present at all times that the security areas are occupied.
(d) All security areas which currently require the presence of the
Secret Service during access and such other security areas as are
designated by the Administrator or his designated agent will continue to
require the presence of one or more representatives of the Secret Service or
such other Federal security agency as is designated by the Administrator or his
designated agent.
(e) If any of the materials now located in security areas requiring the
presence of Secret Service during access are moved to other locations,
access to such new locations will also require the presence of security agents
as provided in paragraph (d), supra, unless specifically exempted in writing by
the Administrator or his designated agent.
(f) Whenever possible, a copy, which shall be certified upon request,
and not the original of documentary material shall be provided to comply
with a subpoena or other lawful process or request. Whenever the GERALD
original
of documentary material is removed, a certified copy of the material shall
be inserted in the proper file until the return of the original.
13 16
$105-63.206 - Extraordinary Authority During Emergencies.
In the event of an emergency that threatens the physical preservation
of the materials, or their environs, the Administrator or his designated
agent may take such steps as may be necessary, including removal of the
materials to temporary locations outside the Metropolitan Area of the
District of Columbia, in order to preserve and protect the materials in
accordance with the Act.
GERALD R. FORD LIBRAND
DRAFT
SUBPART 105-63.3 - ACCESS TO MATERIALS BY
FORMER PRESIDENT NIXON, THE SPECIAL
PROSECUTOR, OTHER FEDERAL AGENCIES
AND FOR USE IN ANY JUDICIAL PROCEEDING
$105-63.301 - Access by Former President Nixon.
In accordance with the provisions of Subpart 105-63.2 of this Part,
former President Richard M. Nixon or his designated agent shall at all
times have access to the historical materials covered by the Act and in the
custody and control of the Administrator of General Services.
$105.63.302 - Access by the Special Prosecutor.
The Special Prosecutor or his designated agent shall at all times
have priority access to the materials relevant and important to ongoing
criminal investigations and prosecutions within his jurisdiction. Access
shall be in accordance with the agreement among the Special Prosecutor,
the Counsel to the President, the Director of the Secret Service and the
Administrator of General Services of November 9, 1974, infra, with the
exceptions that all references to the Counsel to the President shall now
refer to the Administrator of General Services and all references to the
White House or the White House complex shall now refer to areas under
the control of the Administrator of General Services at which the materials
are stored and secured.
FORD
WHEREAS, Gerald R. Ford, President of the
United States, has determined and informed (his
Counsel that the due administration of justic
LIBRARY
and the public interest require that the Special
Prosecutor have prompt and effective use of
those Presidential materials of the Nixon
Administration now located in the White House
complex that are relevant and important to
ongoing criminal investigations and prosecutions
within the Special Prosecutor's jurisdiction; and
WHEREAS, this Agreement, if implemented,
would accommodate the needs of the Special
Prosecutor with respect to such materials;
NOW, THEREFORE, the undersigned have
agreed as follows:
1. Upon letters from the Special
Prosecutor to Counsel to the President specify-
ing those materials that he has reason to believe
are relevant to specified criminal investigations
or prosecutions within the Special Prosecutor's
jurisdiction and explaining why access to such
materials is important to a full and fair resolu-
tion of those investigations and prosecutions, the
Special Prosecutor or his designees shall be
afforded access to the materials under the follow-
ing procedures:
a. Documents
1. Where files are organized by
subject matter, only those files may be examined
which, because of their titles, may contain docu-
ments relevant to these specified investigations
and prosecutions.
2. Where files are organized chronolo-
gically, only that portion of the file covering the
time period relevant to the request may be
examined.
R.
FORD
3. Where no chronological or subject
label is on a file, the file may be examined to
GERALD
determine whether the file contains relevant
materials.
4. In order to assist in these
searches, the Special Prosecutor may request
the assistance
embers of the archival staff
assigned to th
to House in making a list of
file titles or
dex.
b.
Recordings: Only the tape
recordings of
rsations specified by letters
according to :
ove procedures may be listened
to.
2. The
ial Prosecutor shall be allowed
to make copie.
nly those tapes of conversations
and document
he determines are relevant to
criminal inves
ons or prosecutions within his
jurisdiction.
to the Special Prosecutor receiving
such copies, C
el to the President may review
the copies to d
ine whether they may not be
disclosed for :
S of national security. The
originals of
i
3 and documents, copies of
which are prc
the Special Prosecutor,
shall be retal
if necessary for a criminal
proceeding, =
iven to the Special Prosecutor
for such proce
n exchange for the copies.
3. Ricl
Nixon or his attorney or
designated age
0 be given notice of, and may
be present dur
earches pursuant to this Agree-
ment. Also, :
xon or his attorney or designated
agent, shall b:
ded access to and/or copies of
those tapes or
sation and documents for which
the Special Pr
or is allowed copies. The
Counsel to the
dent also may designate
individuals to
sent during those searches.
4. No F
ential materials shall be removed
to locations in
ington, DC other than the White
House comple
but the approval of the Special
Prosecutor a:
ortions of such materials shall
is
be removed to
ons outside of the District of
Columbia with
GERALD
FORD
indication from the Special
Prosecutor that
as no further need for such
LIBRARY
portions, exce
n court order.
5. The
es to this Agreement shall move
jointly to modi
necessary, the temporary
DRAFT
restraining order as now outstanding in Civil
Action No. 74-1518 and in consolidated cases
in the United States District Court for the
District of Columbia to permit implementation
of this Agreement.
S
/
Philip W. Buchen
Counsel to the President
S
/
Arthur F. Sampson
Administrator of General Services
s/
H. Stuart Knight
Director, United States Secret
Service
S
/
Henry S. Ruth, Jr.
Special Prosecutor
Watergate Special Prosecution
Force
$105-63.303 - Access by Other Federal Agencies.
In accordance with the provisions of Subpart 105. 63.2 of this Part, any
Federal agency or department in the Executive branch shall at all times have
access for lawful Government use to the historical materials covered by the
Act and in the custody and control of the Administrator of General Services.
$105-63.304 - Access for Use in Judicial Proceedings.
In accordance with the provisions of Subpart 105-63.2 of this Part,
FORD
subject to any rights, defenses or privileges which the Federal Government
or other person may invoke, the historical materials covered by the Act and
in the custody and control of the Administrator of General Services will be
DRAFT
made available for use in any judicial proceeding, and are subject to
subpoena or other lawful process.
SUBPART 105-63. 4 - ACCESS BY THE
PUBLIC
[Reserved]
i
FORD
CERALD
January 16, 1975
Dear Mr. Sampson:
Your letter to Don Rumsfeld of January 14th
has been referred to me.
In the future, you should refer such matters
directly to Phil Buchen, Counsel to the Presi-
dent, who's responsible for handling these and
related issues.
Sincerely,
Richard B. Cheney
Deputy Assistant to the President
Honorable Arthur F. Sampson
Administrator
General Services Administration
Washington, D. C. 20405
bcc: Phil Buchen with incoming for follow-up
LIDRARY GERALD ? FORD
UNITED STATES OF AMERICA
GENERAL SERVICES ADMINISTRATION
WASHINGTON. D.C. 20405
Dich-
ADMINISTRATOR
January 14, 1975
handlten
Honorable Donald H. Rumsfeld
Assistant to the President
The White House
Washington, D. C. 20500
Dear Mr. Rumsfeld:
The January 14, 1975, Federal Register will contain regulations
promulgated pursuant to the Presidential Recordings and Ma-
terials Preservation Act (Public Law 93-526; 88 Stat.
).
The
regulations provide for access to the materials by the Former
President; government agencies, including the Special Prosecutor;
and for use in Judicial proceedings. In addition, the regulations
provide for preservation and protection of the records as required
by Section 103 of the Act.
Because of outstanding orders from Judge Richey of the United
States District Court for the District of Columbia in the case of
Nixon V. Sampson, and certain agreements of counsel in that
case, the Act cannot be immediately implemented. The publication
in the Federal Register invites comments on the regulations.
If and when the court takes action which will permit us to do so,
we will implement the regulations immediately. In the meantime,
work is proceeding to draft regulations providing for public ac-
cess to the records. Those regulations will be submitted to
Congress in accordance with the law.
I will keep you informed of our progress in these areas.
Sincerely,
Arthur F. Sampson
LIBRARY GERALD ? FORD
GSA
March 19, 1975
To: Mr. Casselman
From: Eva
Mr. Buchen asked if you
would prepare an
acknowledgment of the
copy sent to the President
for Mr. Buchen's signature.
Also one to acknowledge
the copy to Mr. Buchen.
Thanks.
FORD :- LIBRARY 03RALD
GSA
Wednesday 3/19/75
3:20 Bob Linder brought up the letter to the
President from Sampson with his copy of
the report to the Congress on the Presidential
Recordings and Materials Preservation Act --
and thought you would want to acknowledge it
for the President.
Mr. Linder said if you didn't want the report,
he'd like to have it.
You have just received one also.
(I checked with Casselman's office to see if they
received one, and they have not as yet.)
LIBRARY GERALD = FOND
UNITED STATES OF AMERICA
GENERAL SERVICES ADMINISTRATION
WASHINGTON, D.C. 20405
ADMINISTRATOR
March 19, 1975
The President
The White House
Washington, D.C. 20500
at
Dear Mr. President:
Enclosed is a copy of our report to the Congress on the Presidential
Recordings and Materials Preservation Act, submitted to the Congress
today.
The regulations contained in this report will become law unless the
Congress acts to reject them within 90 legislative days. These proce-
dures for the processing, restriction, and public release of Presiden-
tial materials could affect not only those of former President Nixon,
but perhaps those of succeeding Presidents as well. They could,
therefore, have a profound impact on the way in which the Presidency
is documented and viewed by the American people.
We have tried to develop regulations which are fully responsive to the
Act but which also protect classified information and individual rights.
I welcome your comments on this effort.
Respectfully,
ARTHUR F. SAMPSON
Administrator
Enclosure
BERALD FORD LIBRARY
UNITED STATES OF AMERICA
GENERAL SERVICES ADMINISTRATION
WASHINGTON, D. C. 20405
ADMINISTRATOR
March 19, 1975
Honorable Philip W. Buchen
Counsellor to the President
The White House
Washington, D.C.
20500
Dear Mr. Buchen:
Enclosed is a copy of our report to the Congress on the Presidential
Recordings and Materials Preservation Act, submitted to the Congress
today.
The regulations contained in this report will become law unless the
Congress acts to reject them within 90 legislative days. These proce-
dures for the processing, restriction, and public release of Presiden-
tial materials could affect not only those of former President Nixon,
but perhaps those of succeeding Presidents as well. They could,
therefore, have a profound impact on the way in which the Presidency
is documented and viewed by the American people.
We have tried to develop regulations which are fully responsive to the
Act but which also protect classified information and individual rights.
I welcome your comments on this effort.
Administrator
Enclosure
FORD : LIBRARY
UNITED STATES OF AMERICA
access
4
*
GENERAL SERVICES ADMINISTRATION
*
*
WASHINGTON, DC 20405
#
Original
"
*
GENERAL SERVICES
* ADMINIS TRANSING
Dent @
* * *
Cassolian Can
January 6, 1975
1/7/75
Honorable Philip W. Buchen
Counsel to the President
The White House
Washington, DC 20500
Dear Mr. Buchen:
Enclosed please find a copy of the latest version of our proposed
temporary regulations pertaining to access to materials covered
by the Presidential Recordings and Materials Preservation Act
(P. L. 93-526). Please provide me with any written comments
you care to make no later than 4:30 p.m. Tuesday, January 7, 1975.
Your cooperation is appreciated.
Sincerely,
ARTHUR F. SAMPSON
Administrator
Enclosure
FORD & LIBRARY DERALD
Keep Freedom in Your Future With U.S. Savings Bonds
January 3, 1975
DRAFI
TITLE 41 - PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
CHAPTER 105 - GENERAL SERVICES ADMINISTRATION
PART 105-63 - PRESERVATION AND PROTECTION
OF AND ACCESS TO THE PRESIDENTIAL
MATERIALS OF THE NIXON ADMINISTRATION
$105-63.000 Scope of part.
This Part sets forth policies and procedures concerning the
preservation and protection of and access to the tape recordings,
papers, documents, memorandums, transcripts, and other objects and
materials which constitute the Presidential materials of Richard M.
Nixon, covering the period beginning January 20, 1969, and ending
August 9, 1974.
SUBPART 105-63.1 - GENERAL PROVISIONS
105-63.101 Purpose.
This Part 105-63 implements the provisions of Title I of the
Presidential Recordings and Materials Preservation Act (Public Law
93-526; 88 Stat. ). It prescribes policies and procedures by which
the General Services Administration will preserve, protect, and provide
access to the Presidential materials of the Nixon Administration.
$105-63.102 Application.
This Part 105-63 applies to all of the Presidential materials of
the Nixon Administration in the custody of the Administrator of General
Services pursuant to the provisions of Title I of the Presidential
Recordings and Materials Preservation Act (Public Law 93-526; Sor Stat
)
GERALD
LIBRARY
DRAFT
$105-63.103 Legal custody.
The Administrator of General Services has legal custody and control
of all Presidential historical materials of the Nixon Administration held
pursuant to the provisions of the Presidential Recordings and Materials
Preservation Act (Public Law 93-526; 88 Stat.
).
$105-63.104 Definitions.
[ Reserved ]
2
FORD i LIBRAR OERALD
DRAFT
SUBPART 105-63.2 - PRESERVATION AND
PROTECTION
$ 105.63.201 Responsiblility.
The Administrator of General Services or his designated agent is
responsible for the preservation and protection of the Presidential
materials. He may arrange with other Federal agencies for assistance
in their preservation and protection.
S 105-63.202 Security.
The Administrator of General Services or his designated agent will
control access to all areas, designated as security areas. That control
will include:
(a) Physical possession of all keys that control access to the
security areas (A copy of each key will be deposited in locations
designated by current fire and/or national security regulations with
instructions that these keys may be used only in instances in which the
materials or their environs are subject to damage or loss. All such
emergency use shall be reported to the Administrator of General Services
or his designated agent as soon as possible.) ; and
(b) Exclusive knowledge of all lock combinations that control
access to the security areas. Copies of the combinations will be placed
in such locations as are required by current fire and/or national security
regulations and with the GSA Security Division (BIS), Office of Adminis-
tration, in sealed envelopes with instructions that the envelopes may be
FORD
3
GERALD
DRAFT
opened only in instances in which the materials or their environs are
subject to damage or loss. All such emergency use shall be reported
to the Administrator of General Services or his designated agent as
soon as possible.
§ 105-63.203 Security areas.
All materials currently stored in areas secured by Executive
Protection Service controlled alarm systems shall continue to be
stored in these or equally secure areas unless they are specifically
exempted in writing from such security by the Administrator of
General Services or his designated agent.
SED 105-63.204 Work areas.
The Administrator of General Services or his designated agent
will provide appropriate locations within the Metropolitan Area of
the District of Columbia as work areas to be used for the purpose of
inventorying, indexing, reviewing, and/or copying materials in accord-
ance with appropriate authorizations. When such work areas are in use,
security shall be equivalent to that in effect in the storage area from
which the materials are removed unless the Administrator of General
Services or his designated agent waives such equivalent security in
writing.
Can 105-63.205 Access procedures.
(a) The Administrator of General Services or his designated agent
will receive and/or prepare appropriate documentary authorization before
GERALD
4
DRAFT
each access authorized under this Part 105-63.
(b) Each access is to be thoroughly documented, and each
documentation shall include:
5
GERALD R. FOKD
DRAFT
(1) Reasons for the access;
(2) Time of the access;
(3) Individuals involved in the access:
(4) Record of all activities during the access;
(5) Record of all materials removed, if any; and
(6) Time of the completion of the access.
(c) The Administrator of General Services or his designated agent
shall provide former President Nixon or his designated attorney or agent
prior notice of, and allow him to be present during, each authorized access.
(d) Each access to the security areas shall occur only in the presence
of the Administrator of General Services or his designated agent. At least
two persons shall be present at all times that the security areas are
occupied.
(e) All security areas which currently require the presence of the
U. S. Secret Service during access and such other security areas as are
designated by the Administrator of General Services or his designated agent
shall continue to require the presence of one or more representatives of the
U. S. Secret Service or such other Federal security agency as is designated
by the Administrator of General Services or his designated agent.
(f) If any of the materials now located in security areas requiring
the presence of U. S. Secret Service during access are moved to other locations,
access to such new locations shall also require the presence of security
agents as provided in paragraph (d), above, unless their presence is spe-
cifically exempted in writing by the Administrator of General Services or
his designated agent.
LIBRAST GERALD R. FORD
6
DRAFT
(g) Whenever possible, a copy, which shall be certified upon request,
instead of the original documentary material shall be provided to comply
with a subpoena or other lawful process or request. Whenever the original
documentary material is removed, a certified copy of the materials shall
be inserted in the proper file until the return of the original.
$105-63.206 Extraordinary authority during emergencies.
In the event of an emergency that threatens the physical preservation
of the materials or their environs, the Administrator of General Services
or his designated agent may take such steps as may be necessary, including
removal of the materials to temporary locations outside the Metropolitan
Area of the District of Columbia, to preserve and protect the materials.
&
FORD
7
GERALD
DRAFT
SUBPART 105-63.3 - ACCESS TO MATERIALS BY
FORMER PRESIDENT NIXON, FEDERAL AGENCIES,
AND FOR USE IN ANY JUDICIAL PROCEEDING
$105-63.301 Access by former President Nixon.
In accordance with the provisions of Subpart 105-63.2, former
President Richard M. Nixon or his designated agent shall at all times
have access to the historical materials in the custody and control of the
Administrator of General Services.
$105-63.302 Access by Federal agencies.
$105-63.302-1 Access by the Special Prosecutor.
The Special Prosecutor or his designated agent shall at all times
have priority access to the materials relevant and important to ongoing
criminal investigations and prosecutions within his jurisdiction. The
Administrator of General Services will implement this access only after
the Counsel to the President has determined that the access is in accordance
with the agreement of November 9, 1974, among the Special Prosecutor, the
Counsel to the President, the Director of the Secret Service and the
Administrator of General Services, included in this $105-63.302-1, and
has transmitted the Special Prosecutor's request for access to the Admini-
strator of General Services for his determination that the access is
authorized under this Part. The agreement reads as follows:
WHEREAS, Gerald R. Ford, President of the
United States, has determined and informed his
Counsel that the due administration of justice
is
FORD
8
GRESSY
DRAFT
and the public interest require that the Special
Prosecutor have prompt and effective use of
those Presidential materials of the Nixon
Administration now located in the White House
complex that are relevant and important to
ongoing criminal investigations and prosecutions
within the Special Prosecutor's jurisdiction; and
WHEREAS, this Agreement, if implemented,
would accommodate the needs of the Special
Prosecutor with respect to such materials;
NOW, THEREFORE, the undersigned have
agreed as follows:
1. Upon letters from the Special
Prosecutor to Counsel to the President specify-
ing those materials that he has reason to believe
are relevant to specified criminal investigations
or prosecutions within the Special Prosecutor's
jurisdiction and explaining why access to such
materials is important to a full and fair resolu-
tion of those investigations and prosecutions, the
Special Prosecutor or his designees shall be
afforded access to the materials under the follow-
ing procedures:
a. Documents
1. Where files are organized by
subject matter, only those files may be examined
which, because of their titles, may contain docu-
ments relevant to these specified investigations
and prosecutions.
2. Where files are organized chronolo-
gically, only that portion of the file covering the
time period relevant to the request may be
examined.
3. Where no chronological or subject
label is on a file, the file may be examined to
determine whether the file contains relevant
&
materials.
FORD
GERALD
4. In order to assist in these
LIBRARY
searches, the Special Prosecutor may request
9
a
the assistance of members of the archival staff
assigned to the White House in making a list of
file titles or other index.
b. Tape Recordings: Only the tape
recordings of conversations specified by letters
according to the above procedures may be listened
to.
2. The Special Prosecutor shall be allowed
to make copies of only those tapes of conversations
and documents that he determines are relevant to
criminal investigations or prosecutions within his
jurisdiction. Prior to the Special Prosecutor receiving
such copies, Counsel to the President may review
the copies to determine whether they may not be
disclosed for reasons of national security. The
originals of any tapes and documents, copies of
which are provided to the Special Prosecutor,
shall be retained and, if necessary for a criminal
proceeding, will be given to the Special Prosecutor
for such proceeding in exchange for the copies.
3. Richard M. Nixon or his attorney or
designated agent shall be given notice of, and may
be present during, searches pursuant to this Agree-
ment. Also, Mr. Nixon or his attorney or designated
agent, shall be afforded access to and/or copies of
those tapes of conversation and documents for which
the Special Prosecutor is allowed copies. The
Counsel to the President also may designate
individuals to be present during those searches.
4. No Presidential materials shall be removed
to locations -in Washington, DC other than the White
House complex without the approval of the Special
Prosecutor and no portions of such materials shall
be removed to locations outside of the District of
Columbia without an indication from the Special
Prosecutor that he has no further need for such
portions, except upon court order.
5. The parties to this Agreement shall move
jointly to modify, if necessary, the temporary
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restraining order as now outstanding in Civil
Action No. 74-1518 and in consolidated cases
in the United States District Court for the
District of Columbia to permit implementation
of this Agreement.
s/
Philip W. Buchen
Counsel to the President
s/
Arthur F. Sampson
Administrator of General Services
s/
H. Stuart Knight
Director, United States Secret
Service
s/
Henry S. Ruth, Jr.
Special Prosecutor
Watergate Special Prosecution
Force
SED 105-63.302-2 Access by other Federal agencies.
In accordance with the provisions of Subpart 105-63.2, any Federal
agency or department in the executive branch shall at all times have
access for lawful Government use to the historical materials in the
custody and control of the Administrator of General Services.
S 105-63.303 Access for use in judicial proceedings.
In accordance with the provisions of Subpart 105-63.2, and subject
to any rights, defenses, or privileges which the Federal Government or
other person may invoke, the historical materials in the custody and
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control of the Administrator of General Services will be made available
for use in any judicial proceeding, and are subject to subpeona or other
lawful process.
SUBPART 105-63.4 - (Reserved)
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THE WHITE HOUSE
WASHINGTON
January 11, 1975
Dear Mr. Sampson:
This is in response to your letter to Mr. Buchen of January 6, 1975,
enclosing a copy of the temporary regulations proposed by the General
Services Administration regarding access to materials covered by the
Presidential Recordings and Materials Preservation Act (P.L. 94-526).
In accordance with the views expressed orally to the GSA Office of
General Counsel by Mr. Buchen and myself, we offer the following
informal comments:
UTS 105-63.00. This section refers to "Presidential materials of
Richard M. Nixon. " Succeeding sections variously refer to "Presidential
materials of the Nixon Administration, " "Presidential historical materials
of the Nixon Administration, 11 "Presidential materials, " "materials, 11
and "historical materials. 11 We recommend that, wherever possible,
a uniform reference be made to "historical materials, " as defined in
44 USC 2101 and used in Section 101 (b) (2) of the Act.
SER 105-63.103. To make it unequivocally clear that the Administrator of
General Services has sole legal custody and control of the materials, we
recommend that the word "exclusive" be inserted after the word "has" in
line 1 of this section. Additional consideration might be given to the
inclusion of language requiring other Federal officials to promptly
notify the General Services Administration and/or the Department of
Justice whenever a subpoena (or other request for access) is directed
to such officials rather than to the Administrator.
SIS 105-63.205. We suggest that this section be amended to require that
all persons afforded access to security areas have appropriate security
clearances consistent with and equivalent to the highest security
classification given to the materials contained in those areas.
USD 105-63.302-1. We recommend that this section be recast to be clearly
applicable only to access by the Special Prosecutor upon letter request
to the Counsel to the President. This section should also state that it
is not intended to preclude other access by the Special Prosecutor by
subpoena or other lawful process.
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$ 105-63.302-2. This section should be made applicable to access by
the White House, as well as access by a Federal agency or department
in the executive branch. We propose that this be accomplished by
defining "Federal agency" in USE 63. 104 to include the White House for
purposes of these regulations.
un 105-63.303. We recommend that this section be amended to provide
adequate notice to the Counsel to the President of a request for the
production of materials relating to national security or foreign relations.
This will permit 2 review of such materials prior to their production for
purposes of determining whether they should be withheld by the President
under a claim of privilege.
Consideration should be given to the insertion of language permitting
former White House staff members to be afforded access to materials
comprising their files, subject to any rights, defenses, and privileges
which may be invoked, for purposes connected with judicial proceedings.
"Judicial proceedings" should be defined in $ 63. 104 to include criminal
investigations.
We appreciate the opportunity to comment on these proposed temporary
regulations.
Sincerely,
Winir Caur
William E. Casselman II
Counsel to the President
Honorable Arthur F. Sampson
Administrator
General Services Administration
Washington, D.C. 20405
cc: Philip W. Buchen
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UNITED STATES OF AMERICA
GENERAL SERVICES ADMINISTRATION
WASHINGTON.D.C. 20405
ADMINISTRATOR
March 3, 1975
Honorable Philip Buchen
Counsel to the President
The White House
Washington, D. C.
Dear Mr. Buchen:
Pursuant to Public Law 93-526, General Services Administration will
submit to Congress, on March 19, proposed regulations covering public
access of the Presidential recordings and documents of Richard M. Nixon.
When they are submitted, I trust they will merit your full support.
With this in mind, I would welcome any comments or suggested modifi-
cations you may have on the enclosed draft regulations. In view of
the time constraints, occasioned by printing and other requirements,
I would appreciate receiving your comments and suggestions by this
Friday, March 7. Members of my staff and I are prepared to meet with
you or your staff during the week.
I deeply appreciate the assistance you and your staff have provided in
preparing these regulations.
Sincerely,
Arthur F. Sampson
Administrator
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TITLE 41 - PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
CHAPTER 105 - GENERAL SERVICES ADMINISTRATION
PART 105-63 - PRESERVATION AND PROTECTION OF AND ACCESS
TO THE PRESIDENTIAL HISTORICAL MATERIALS OF THE
NIXON ADMINISTRATION
Chapter 105 is amended by the addition of new Part 105-63,
as follows:
Sec.
105-63.000 Scope of part.
SUBPART 105-63.1 - GENERAL PROVISIONS
105-63.101
Purpose.
105-63.102
Application.
105-63.103 Possession and custody.
105-63.103-1 Possession.
105-63.103-2 Legal custody.
105-63.104
Definitions.
105-63.105 Requests or demands for access.
SUBPART 105-63.2 - PRESERVATION AND PROTECTION
105-63.201
Responsibility.
105-63.202
Security.
105-63.203
Security areas.
105-63.204
Work areas.
105-63.205
Archival processing.
105-63.206
Access procedures.
105-63.207
Extraordinary authority during emergencies.
105-63.208
Destruction of materials.
SUBPART 105-63.3 - ACCESS TO MATERIALS BY FORMER PRESIDENT
NIXON, FEDERAL AGENCIES, AND FOR USE IN ANY JUDICIAL
PROCEEDING
105-63.301 Access by former President Nixon.
105-63.302 Access by Federal agencies.
105-63.302-1 Access by the Special Prosecutor.
105-63.303 ccess for use in judicial proceedings.
FOR OFFICIAL USE ONLY
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SUBPART 105-63.4 - ACCESS BY THE PUBLIC
105-63.400
Scope of subpart.
105-63.401
Processing period.
105-63.401-1
Rights and privileges; right to a fair trial.
105-63.401-2
Segregation and review; senior archival panel.
105-63.401-3
Notice of determinations.
105-63,401-4
Appeals; Presidential Materials Review Board.
105-63.401-5
Transfer of materials.
105-63.402
Restrictions.
105-63.402-1
Materials related to abuses of governmental power.
105-63.402-2
Materials of general historical significance unrelated
to "abuses of governmental power. "
105-63.402-3
Periodic review of restrictions.
105-63.402-4
Deletion of restricted portions.
105-63.402-5
Requests for declassification.
105-63.403
Reference room locations, hours and rules.
105-63.404
Reproduction of tape recordings of Presidential
conversations.
105-63.405
Reproduction and authentication of other materials.
105-63.406
Amendment of regulations.
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$105-63.000 Scope of part.
This part sets forth policies and procedures concerning the
preservation and protection of and access to the tape recordings,
papers, documents, memorandums, transcripts, and other objects and
materials which constitute the Presidential historical materials of
Richard M. Nixon, covering the period beginning January 20, 1969, and
ending August 9, 1974.
SUBPART 105-63.1 - GENERAL PROVISIONS
$105-63.101 Purpose.
This Part 105-63 implements the provisions of Title I of the
Presidential Recordings and Materials Preservation Act (Public
Law 93-526; 88 Stat. 1695). It prescribes policies and procedures
by which the General Services Administration will preserve, protect,
and provide access to the Presidential historical materials of the
Nixon Administration.
$105-63.102 Application.
This Part 105-63 applies to all of the Presidential historical
materials of the Nixon Administration in the custody of the Administrator
of General Services pursuant to the provisions of Title I of the
Presidential Recordings and Materials Preservation Act (Public Law
93-526; 88 Stat. 1695).
$105-63.103 Possession and custody.
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$105-63.103-1 Possession.
The Administrator of General Services shall receive, retain,
or make reasonable effort to obtain, complete possession and control
of Presidential historical materials of Richard M. Nixon, covering
the period beginning January 20, 1969, and ending August 9, 1974.
Reasonable effort shall include public notice and demand by mail
upon identifiable individuals who may have Presidential historical
materials in their personal possession.
$105-63.103-2 Legal custody.
The Administrator of General Services has exclusive legal
custody and control of all Presidential historical materials of
the Nixon Administration held pursuant to the provisions of the
Presidential Recordings and Materials Preservation Act (Public
Law 93-526; 88 Stat. 1695)
$105-63.104 Definitions.
For the purposes of this Part 105-63, the following terms have
the meaning ascribed to them in this $105-63.104.
(a) Presidential historical materials. The term "Presidential
historical materials" (also referred to as "historical materials" and
"materials") shall mean all papers, correspondence, documents,
pamphlets, books, photographs, films, motion pictures, sound and
video recordings, machine-readable media, plats, maps, models,
pictures, works of art, and other objects or materials made or
received by former President Richard M. Nixon or by members of his
staff in connection with his constitutional and statutory duties
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and political activities as President and retained or appropriate
for retention as evidence of or information about these duties and
activities. Excluded from this definition are documentary materials
of any type that are determined to be the official records of an
agency of the Government; private or personal materials; stocks of
publications, processed documents, and stationery; and extra copies
of documents produced only for convenience of reference, when they
are clearly so identified.
(b) Private or personal materials. The term private or
personal materials" shall mean those papers and other documentary
or commemorative materials in any physical form relating to a person's
family or other non-public activities which have no connection with
his constitutional and statutory duties and political activities as
President or as a member of the President's staff.
(c) Abuses of governmental power popularly identified under
the generic term Watergate. The term "abuses of governmental power
popularly identified under the generic term Watergate" (also referred
to as "abuses of governmental power"), shall mean the following
alleged acts, whether or not established by judicial, administrative
or legislative proceedings, conducted, directed or approved by
Richard M. Nixon, his staff, or persons associated with him in his
Constitutional, statutory or political functions as President:
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1. Covert and Illegal Surveillance and Intelligence :
a. Wiretaps, break-ins, and mail inspection for
domestic intelligence purposes, including, but not
limited to, the effort known as "The Huston Plan";
b. Institution or continuation of electronic
surveillance and investigation in violation of
the constitutional rights of citizens;
c. Investigative actions by the White House unit
known as "the plumbers" aimed at stopping "leaks"
of information including, but not limited to, the
burglary of the office of Dr. Lewis J. Fielding;
d. Use of the Central Intelligence Agency and the
Federal Bureau of Investigation for investigatory
or intelligence purposes not within or contemplated
by their legal authority; and
e. Wiretaps of newsmen and Government officials outside
of legally authorized investigative channels.
2. Misuse of Executive Agencies for Political Purposes :
a. Preparation of "friends" and "enemies" lists and
circulation to Federal agencies including, but not
limited to, the Internal Revenue Service and
Department of Justice, with specific instructions
with respect to Federal agency treatment of persons
on such lists;
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a
b. Dispensing or denying the award of Federal
grants, contracts and employment based on political
considerations including, but not limited to,
the so-called "responsiveness" campaign;
c. Gathering of derogatory information from
executive agencies about political opponents of
the President and release of such information to
the media;
d. Report of confidential Justice Department and
Federal Bureau of Investigation intelligence
information to the President's re-election
campaign staff;
e. Use of the Central Intelligence Agency to
obstruct the Federal Bureau of Investigation's
Watergate investigation;
f. Use of the Internal Revenue Service for harassment
and intelligence gathering; and
8. Use of the Internal Revenue Service, the Federal
Bureau of Investigation, the Department of Justice
and the Secret Service to harass and intimi-
date members of the news media.
3. Misuse of Executive Power for Personal Purposes :
a. Unnecessary or illegal expenditure of Federal funds
on privately owned Presidential property at
San Clemente, California, and Key Biscayne, Florida;
and
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b. Use of Federal personnel to assist in establishing
a claim to unauthorized deductions for donation of
personal papers on Presidential income tax returns.
4. Perpetration of the Watergate Break-in and Cover-up:
a. Break-ins to the Democratic National Committee
Headquarters at the Watergate in Washington, D.C.
and related break-ins at other locations;
b. Making of secret payments to participants in the
Watergace break-ins;
c. Encouraging prospective witnesses to remain silent
or give false testimony by offering, or creating an
expectation of, favored treatment and consideration;
d. Efforts to obstruct law enforcement and legislative
investigations of the Watergate break-ins; and
e. Denials of any involvement bv White House employees
in the Watergate break-ins.
5. Illegal or Unethical Activities in Connection With
Political Campaigns:
a. Authorization and funding of a "dirty tricks"
operation designed to disrupt the campaign of
opposing or unfriendly candidates including, but
not limited to, forgery of documents, character
assassination, and physical disruptions of
campaign activities by the planting of spies,
hecklers, and pickets;
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b. Attempts to discredit opposing Presidential
candidates through demonstrations, unsigned
literature, and vote siphoning;
C. Use of campaign funds for clandestine payments to
participants in the Watergate break-in;
d. Solicitation and cover-up of illegal corporate
campaign contributions, including, but not
limited to, the so-called "Milk Fund";
e. Offers of ambassadorships in exchange for
campaign contributions;
f. Submission of fraudulent or misleading campaign
funding reports; and
8.
Other violations of the Federal Election Campaign
Act of 1971.
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UNAI
a
historical significance" shall mean having administrative,
legal, research or other historical value as evidence of or
information about the constitutional and statutory duties and
political activities of the President, which an archivist has
determined is of a quality sufficient to warrant the retention by
the United States of materials so designated.
(e) Archivist. The term "archivist" shall mean an employee of
the General Services Administration who, by education and experience,
is specially trained in archival science.
(f) Agency. The term "agency" shall mean any executive depart-
ment, military department, independent regulatory or nonregulatory
agency, Government corporation, Government-controlled corporation,
or other establishment in the executive branch of the Government,
including the Executive Office of the President. For purposes of
$105-63.302 only, the term "agency" shall also include the White
House Office.
(g) Administrator. The term "Administrator" shall mean the
Administrator of General Services.
(h) Initial archival processing. The term "initial archival
processing" shall mean the following generic acts performed by
archivists with respect to the Presidential historical materials:
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shelving boxes of documents in chronological, alphabetical, numerical
or other sequence; surveying and developing a location register and
cross-index of the boxes; arranging or rearranging materials;
reboxing the documents and affixing labels; producing finding
aids such as folder title lists, cross-indexes, and subject lists;
reproducing and transcribing tape recordings; reviewing the materials
to identify items that appear subject to restriction; identifying items
in poor physical condition and assuring their preservation; and
identifying materials requiring further processing.
$105-63.105 Requests or demands for access.
Except as provided in $105-63.302-1, below, each agency which
receives a request or legal demand for access to Presidential historical
materials of the Nixon Administration shall immediately forward the
request or demand to the Administrator of General Services.
SUBPART 105-63.2 - PRESERVATION
AND PROTECTION
$105-63.201 Responsibility.
The Administrator of General Services or his designated agent
is responsible for the preservation and protection of the Presidential
historical materials. He may arrange with other Federal agencies,
acting pursuant to appropriate Federal authority, for assistance in
their preservation and protection.
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$105-63.202 Security.
The Administrator of General Services or his designated agent
will control access to all areas designated as security areas.
That control will include:
(a) Physical possession of all keys that control access to the
security areas. (A copy of each key will be deposited in locations
designated by current fire and/or national security regulations with
instructions that these keys may be used only in instances in which
the Presidential historical materials or their environs are subject
to damage or loss. All such emergency use shall be reported to the
Administrator of General Services or his designated agent as soon as
possible); and
(b) Exclusive knowledge of all lock combinations that control
access to the security areas.' Copies of the combinations will be
placed in such locations as are required by current fire and/or
national security regulations and with the GSA Security Division
(BIS), Office of Administration, in sealed envelopes with instructions
that the envelopes may be opened only in instances in which the
Presidential historical materials or their environs are subject to
damage or loss. All such emergency use shall be reported to the
Administrator of General Services or his designated agent as soon as
possible.
$105-63.203 Security areas.
All Presidential historical materials currently stored in areas
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continue to be stored in these or equally secure areas unless they
are specifically exempted in writing from such security by the
Administrator of General Services or his designated agent.
$105-63.204 Work areas.
The Administrator of General Services or his designated agent will
provide appropriate locations within the Metropolitan Area of the
District of Columbia as work areas to be used for the purpose of
inventorying, indexing, reviewing, and/or copying Presidential
historical materials in accordance with appropriate authorizations.
When such work areas are in use, security shall be equivalent to
that in effect in the storage area from which the Presidential
historical materials are removed unless the Administrator of
General Services or his designated agent waives such equivalent
security in writing
$105-63.205 Archival processing.
When authorized by the Administrator of General Services or his
designated agent, archivists may enter the security and work areas
for the purposes of performing necessary archival processes on the
Presidential historical materials. Access for-archival processing
shall follow the procedures of paragraphs (a), (b), (c), (g), (h),
and (i) of $105-63.206.
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$105-63.206 Access procedures.
(a) The Administrator of General Services or his designated
agent will receive and/or prepare appropriate documentary authorization
before each access authorized under this Part 105-63.
(b) The Administrator of General Services or his designated
agent shall determine that each access is thoroughly documented.
Each documentation shall include:
1. Reasons for the access;
2. Time of the access;
3. Individuals involved in the access, including each
individual's degree of security clearance;
4. Record of all activities during the access;
5. Record of all Presidential historical materials
removed, if any; and
6. Time of the competion of the access.
(c) The Administrator of General Services or his designated
agent will determine that each individual having access to the
Presidential historical materials has a security clearance equivalent
to the highest degree of national security classification that may
be applicable to any of the materials examined.
(d) Prior to each access which may result in the examination
of Presidential historical materials that relate to matters of
national se urity, the Administrator of General Services or his
designated agent shall notify the Counsel to the President who shall
be given the opportunity to examine these materials and raise any
objection , defenses, or privileges to prevent or limit the proposedo
access.
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(e) The Administrator of General Services or his designated
agent will provide former President Nixon or his designated attorney
or agent prior notice of, and allow him to be present during, each
authorized access.
(f) Each access to the security areas shall occur only in the
presence of the Administrator of General Services or his designated
agent. At least two persons shall be present at all times that the
security areas are occupied.
(g) All security areas which currently require the presence of
the U.S. Secret Service during access and such other security areas
as are designated by the Administrator of General Services or his
designated agent shall continue to require the presence of one or more
representatives of the U.S. Secret Service or such other Federal
security agency as is designated by the Administrator of General
Services or his designated agent.
(h) If any of the materials now located in security areas
requiring the presence of U.S. Secret Service during access are
moved to other locations, access to such new locations shall also
require the presence of security agents as provided in paragraph (g),
above, unless their presence is specifically exempted in writing by
the Administrator of General Services or his designated agent.
(i) Whenever possible, a copy, which shall be certified upon
request, instead of the original documentary Presidential historical
material shall be provided to comply with a subpoena or other lawful
process or request. Whenever the original documentary material is
removed, a certified copy of the material shall be inserted in the
proper file until the return of the original.
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$105-63.207 Extraordinary authority during emergencies.
In the event of an emergency that threatens the physical
preservation of the Presidential historical materials or their
environs, the Administrator of General Services or his designated
agent will take such steps as may be necessary, including removal
of the materials to temporary locations outside the Metropolitan
Area of the District of Columbia, to preserve and protect the materials.
$105-63.208 Destruction of materials.
No Presidential historical materials subject to these
regulations shall be destroyed, éxcept as hereafter may be provided
by law.
SUBPART 105-63.3 - ACCESS TO
MATERIALS BY FORMER PRESIDENT NIXON, FEDERAL
AGENCIES, AND FOR USE IN ANY JUDICIAL
PROCEEDING
$105-63.301 Access by former President Nixon.
In accordance with the provisions of Subpart 105-63.2, former
President Richard M. Nixon or his designated agent shall at all times
have access to the Presidential historical materials in the custody and
control of the Administrator of General Services.
$105-63.302 Access by Federal agencies.
In accordance with the provisions of Subpart 105-63.2, any
Federal agency or department in the executive branch shall at all
times have access for lawful Government use to the Presider
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historical materials in the custody and control of the Administrator
of General Services.
$105-63.302-1 Access by the Special Prosecutor.
Pursuant to Section 105-63.302, above, the Special Prosecutor
or his designated agent shall at all times have priority access to
the Presidential historical materials relevant and important to
ongoing criminal investigations and prosecutions within his juris-
diction in accordance with the agreement of November 9, 1974, among
the Special Prosecutor, the Counsel to the President, the Director
of the Secret Service, and the Administrator of General Services.
The Administrator of General Services shall provide access pursuant
to this subsection after the Counsel to the President has determined
that the access is in accordance with the agreement of November 9,
1974, and has transmitted the Special Prosecutor's request for
access to the Administrator of General Services for his determination
that the access is authorized under this part. The agreement reads as
follows:
WHEREAS, Gerald R. Ford, President
of the United States, has determined and
informed his Counsel that the due administra-
tion of justice and the public interest require
that the Special Prosecutor have prompt
and effective use of those Presidential
materials of the Nixon Administration now
located in the White House complex that are
relevant and important to ongoing criminal
investigations and prosecutions within the
Special Prosecutor's jurisdiction; and
WHEREAS, this Agreement, if implemented,
would accommodate the needs of the Special
Prosecutor with respect to such materials
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NOW, THEREFORE, the undersigned have
agreed as follows:
1. Upon letters from the Special
Prosecutor to Counsel to the President
specifying those materials that he has
reason to believe are relevant to specified
criminal investigations or prosecutions
within the Special Prosecutor's jurisdic-
tion and explaining why access to such
materials is important to a full and fair
resolution of those investigations and
prosecutions, the Special Prosecutor or
his designees shall be afforded access to
the materials under the following procedures:
a. Documents
1. Where files are organized
by subject matter, only those files may be
examined which, because of their titles,
may contain documents relevant to these
specified investigations and prosecutions.
2. Where files are organized
chronologically, only that portion of the
file covering the time period relevant to
the request may be examined.
3. Where no chronological or
subject lable is on a file, the file may be
examined to determine whether the file
contains relevant materials.
4. In order to assist in these
searches, the Special Prosecutor may
request the assistance of members of the
archival staff assigned to the White House
in making a list of file titles or other index.
b. Tape Recordings: Only the tape
recordings of conversations specified by
letters according to the above procedures
may be listened to.
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2. The Special Prosecutor shall be
allowed to make copies of only those tapes
of conversations and documents that he
determines are relevant to criminal investi-
gations or prosecutions within his jurisdic-
tion. Prior to the Special Prosecutor receiving
such copies, Counsel to the President may
review the copies to determine whether they
may not be disclosed for reasons of national
security. The originals of any tapes and
documents, copies of which are provided to
the Special Prosecutor, shall be retained
and, if necessary for a criminal proceeding,
will be given to the Special Prosecutor for
such proceeding in exchange for the copies.
3. Richard M. Nixon or his attorney or
designated agent shall be given notice of, and
may be present during, searches pursuant
to this Agreement. Also, Mr. Nixon or his
attorney or designated agent, shall be afforded
access to and/or copies of those tapes of
conversation and documents for which the
Special Prosecutor is allowed copies. The
Counsel to the President also may designate
individuals to be present during these searches.
4. No Presidential materials shall be
removed to locations in Washington, D.C., other
than the White House complex without the
approval of the Special Prosecutor and no
portions of such materials shall be removed to
locations outside of the District of Columbia
without an indication from the Special Prosecutor
that he has no further need for such portions,
except upon court order.
5. The parties to this Agreement shall
move jointly to modify, if necessary, the
temporary restraining order as now outstand-
ing in Civil Action No. 74-1518 and in
consolidated cases in the United States
District Court for the District of Columbia to
permit implementation of this Agreement.
8%
Philip W. Buchen
Counsel to the President
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WILLIAM
B
s/
Arthur F. Sampson
Administrator of General Services
s/
H. Stuart Knight
Director, United States
Secret Service
8/
Henry S. Ruth, Jr.
Special Prosecutor
Watergate Special Prosecution
Force
$105-63.303 Access for use in judicial proceedings.
In accordance with the provisions of Subpart 105-63.2, and
subject to any rights, defenses, or privileges which the Federal
Government or any person may invoke, the Presidential historical
materials in the custody and control of the Administrator of
General Services will be made available for use in any judicial
proceeding, and are subject to subpoena or other lawful process.
Requests by the Special Prosecutor for access to the Presidential
historical materials, whether by court subpoena or other lawful
process, including access pursuant to Section 105-63.302-1 shall
at all times have priority over any other request for the materials.
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SUBPART 105-63.4 - ACCESS BY THE PUBLIC
$105-63.400 Scope of subpart.
This subpart sets forth policies and procedures concerning
public access to the Presidential historical materials of Richard M.
Nixon.
$105-63.401 Processing period.
(a) For 30 calendar days following the effective date of the
regulations in this subpart or the vacation of court orders prevent-
ing their implementation, whichever is later (hereinafter, the
"effective date"), the Administrator will refrain from archival
processing of any of the Presidential historical materials in the
Administrator's custody and control. During this 30-day period,
the Administrator will limit activity involving the materials to
authorized accesses under Subpart 105-63.3 of this part.
(b) At the end of the 30-day period described in paragraph
(a) of this subsection, the Administrator will commence the initial
archival processing of the materials. As soon thereafter as is
possible, the Administrator will open for public access all of the
materials in the Administrator's S custody and control which are
neither restricted pursuant to $105-63.402 nor subject to out-
standing claims or petitions seeking such restriction. The
Administrator will open for public access each integral file
segment of the materials upon completion of initial archival
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processing on that segment. Insofar as practicable, the Adminis-
trator will give priority in such initial archival processing to
materials relating to abuses of governmental power as defined
in $105-63.104(c)
$105-63.401-1 Rights and priviluges; right to a fair trial.
(a) Within 90 calendar days from the effective day, any
person claiming the need to protect an opportunity to assert a
legal or constitutional right or privilege which would prevent or
limit public access to any of the materials shall notify the Admin-
istrator in writing of the claimed right or privilege and the
specific materials to which it relates. After consultation with
appropriate Federal agencies, the Administrator will notify the
claimant of his decision regarding public access to the pertinent
materials. If that decision is adverse to the claim, the Adminis-
trator will refrain from providing public access to the pertinent
materials for at least 15 calendar days from receipt by the claimant
of notice of such adverse decision.
(b) Within 90 calendar days from the effective date, officers of
any Federal, State, or local court and other persons who believe that
public access to any of the materials may jeopardize an individual's
right to a fair and impartial trial should petition the Administrator,
setting forth the relevant circumstances that warrant withholding
specified materials. After consultation with appropriate Federal
agencies, the Administrator will notify the petitioner of his decision
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regarding public access to the pertinent materials. If that
decision is adverse to the petition, the Administrator will
refrain from providing public access to the pertinent materials
for at least 15 calendar days from receipt by the petitioner of
notice of such adverse decision.
(c) In his discretion, the Administrator may consider
claims and petitions described in paragraphs (a) and (b) of this
subsection, after the expiration of 90 calendar days from the
effective date.
$105-63.401-2 Segregation and review; senior archival panel.
(a) During the processing period described in $105-63.401(b)
the Administrator will assign archivists to segregate private and
personal materials, as defined in $105-63.104(b). The archivists
shall have sole responsibility for the initial review and determi-
nation of personal and private materials.
(b) During the processing period described in $105-63.401(b),
the Administrator will assign archivists to segregate materials neither
relating to abuses of governmental power, as defined in $105-63.104(c),
nor otherwise having general historical significance as defined in
$105-63.104(d) The archivists shall have sole responsibility for
the initial review and determination of those materials which are
not related to abuses of governmental power and do not otherwise
have general historical significance.
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(c) If, during the processing period described in $105-63.401(b),
the archivists should discover any materials which they determine
reflect an apparent violation of law which has not been the subject of
prior investigation, the archivists shall bring the material to the
attention of the Administrator for referral to the Special Prosecutor
or to the Department of Justice, or for such other action as the
Administrator may deem appropriate.
(d) If the archivists are unable to make a determination
required in paragraphs (a), (b), or (c) of this subsection, the
archivists shall submit the pertinent materials or representative
examples of them to a panel of senior archivists selected by the
Archivist of the United States. The panel shall then have the sole
responsibility for the determination required in paragraphs (a), (b),
or (c). of this subsection.
(e) The panel of senior archivists shall render advice, upon
request, to persons who believe they may have Presidential historical
materials in their personal possession.
$105-63.401-3 Notice of determinations.
The Administrator will publish in the Federal Register notice
of the archival determinations described in paragraphs (a) and (b) of
$105-63.401-2. In order to protect the privacy of persons who are
determined by the archivists to have a proprietary or commemorative interes
in the segregated materials, the notice shall consist only of a generic
description and listing of the materials that the Administrator proposes to
transfer as provided in $105-63.401-5.
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3
$105-63.401-4 Appeals; Presidential Materials Review Board.
(a) Within 15 calendar days of publication of the notice
prescribed in $105-63.401-3, any person may petition the Adminis-
trator on the grounds that an archival determination described in
$105-63.401-2 is in error.
(b) Richard M. Nixon or his agents or heirs may petition the
Administrator at any time on the grounds that an archival determin-
ation described in $105-63.401-2 is in error.
(c) Upon receipt of a petition described in paragraphs (a)
or (b) of this subsection, the archivists shall submit the pertinent
materials, or representative examples of them, to the Presidential
Materials Review Board "Board"). The Board shall consist of:
(1) The Archivist of the United States or his designee,
who shall serve as Chairman;
(2) One member, either in public or private life, to
be selected by the President of the Senate;
(3) One member, either in public or private life, to
be selected by the Speaker of the House of Representatives;
(4) One member to be selected by Richard M. Nixon or
his designated agent or by the executor of his estate or his desig-
nated agent; and
(5) One member, in private life and outstanding in the
field of archival science, American history or political science,
to be selected by the Administrator.
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The Board shall meet at the call of the Chairman, and three
members shall constitute a quorum. An attorney selected by the
General Counsel of the General Services Administration shall
serve as legal advisor to the Board. The Board may consult with
officials of interested Federal agencies, in formulating its
recommendation. The Board shall submit its written recommendation,
together with dissenting and concurring opinions, of the proper
categorization and -disposition of the pertinent materials to the
Administrator, who will make the final administrative determi-
nation. If the determination of the Administrator is different
from that recommended by the Board, he will state his reasons in
writing. The Administrator will refrain from implementing the
final administrative determination for at least 15 calendar days
from the petitioner's receipt of notice of that decision.
$105-63.401-5 Transfer of materials.
(a) No sooner than 15 calendar days from the publication of
notice prescribed in $105-63.401-3, or in the event of an appeal
described in $105-63.401-4, no sooner that 15 calendar days from
the petitioner receipt of notice of the final administrative
determination, the Administrator will transfer sole custody and
use of those materials determined, in whole, to be private or personal,
.or to be neither related to abuses of governmental power nor otherwise of
general historical significance, to former President Nixon or his heirs
or, when appropriate and after notifying Mr. Nixon or his designated
:
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LU the former staff member having primary proprietary or
commemorative interest in the materials.
(b) Materials determined to be neither related to abuses of
governmental power nor otherwise of general historical significance,
and transferred pursuant to paragraph (a) of this subsection, shall upon
such transfer no longer be deemed Presidential historical materials as
defined in $105-63.104(a)
(c) When it has been determined that only a segment or portion
of a document, recording or other material is private or personal, or
is neither related to abuses of governmental power nor otherwise of
general historical significance, the Administrator shall retain
custody of the whole recording, document, or other material, but shall
restrict access of the identified segment or portion. Copies of such
segments or portions will be transferred to former President Nixon or
his heirs or, when appropriate and after notifying Mr. Nixon or his
designated agent, to the former staff member having primary proprietary
or commemorative interest in the materials.
$105-63.402 Restrictions.
$105-63.402-1 Materials related to abuses of governmental power.
(a) The Administrator shall restrict access to materials
determined during the processing period to relate to abuses of
governmental power, as defined in $105-63.104(c), when:
(1) The Administrator, in accordance with $105-63.401-1, is in
the process of reviewing or has determined the validity of a claim by
any person of the need to protect an opportunity to assert a legal or
constitutional right or privilege.
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(2) The Administrator, in accordance with $105-63.401-1
is in the process of reviewing or has determined the validity of
a petition by a ny person of the need to protect the right to a fair and
impartial trial.
(3) The release of the materials would violate a Federal
statute.
(4) The release of the materials would disclose or
compromise national security classified information. However, the
Administrator may waive this restriction when:
(i) The requester is engaged in a historical research
project; and
(ii) The requester has a security clearance ec valent to
the highest degree of national security classification that may be
applicable to any of the materials examined; and
(111) The Administrator had determined that the heads of
agencies having subject matter interest in the material do not object
to the granting of access to the materials; and
(iv) The requester has signed a statement, satisfactory
to the Administrator and to the heads of agencies having subject matter
interest in the material, which declares that the requester will not
publish, disclose, or otherwise compromise the classified material
examined and that the requester has been made aware of Federal criminal
statutes which prohibit the compromise or disclosure of this information.
(b) The Administrator may restrict access to portions of material
determined to relate to abuses of governmental power when the release of
those portions would tend to embarrass, damage, or harass living persons.
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and the deletion of those portions will not distort, and is not
essential to an understanding of, the substantive content of the
materials.
$105-63.402-2 Materials of general historical significance
unrelated to "abuses of governmental power.
(a) The Administrator shall restrict access to materials
determined during the processing period to be of general historical
significance, but not related to abuses of governmental power under one
or more of the circumstances specified in $105-63.402-1(a).
(b) The Administrator may restrict access to materials of
general historical significance but not related to abuses of governmental
power when the release of these materials would:
(1) Disclose or compromise trade secrets and commercial or
financial information obtained from a person as privileged or
confidential; or
(2) Constitute a clearly unwarranted invasion of personal
privacy; or
(3) Disclose or compromise investigatory materials compiled for
law enforcement purposes; or
(4) Tend to embarass, damage, or harass living persons.
$105-63.402-3 Periodic review of restrictions.
The Administrator periodically will assign archivists to review
materials placed under restriction by this $105-63.402 and to make
available f r public access those materials which, with the passage of
time or other circumstances, no longer require restriction. If the
archivists are unable to determine whether certain materials should
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remain restricted, or upon the petition of any researcher who claims
in writing to the Administrator that the basis for the restriction is
inapplicable, the archivists shall submit the pertinent materialsor
representative examples of them to the Presidential Materials Review
Board described in $105-63.401-4. The Board shall review the
restricted materials, consult with interested Federal agencies as
necessary, and make a written recommendation to the Administrator,
including dissenting and concurring opinions, as to the continued
restriction of all or part of the pertinent materials. When the
determination of the Adiministrator is different from that recommended
by the Board, he will state his reasons in writing.
$105-63.402-4 Deletion of restricted portions.
The Administrator will provide a requester any reasonably
segregable portions of otherwise restricted materials after the deletion
of the portions which are restricted under this $105-63.402.
$105-63.402-5 Requests for declassification.
Challenges to the classification and requests for the
declassification of national security classified materials shall be
governed by the provisions of $105-61.104, as that may be amended from
time to time.
$105-63.403 Reference room locations, hours and rules.
The Administrator shall, from time to time, separately prescribe
the precise location or locations at which the materials shall be
available for public reference, and the hours of operation and rules
governing the conduct of researchers using such facilities. This informatio
may be obtained by writing to: Nixon Presidential Materials, The National
Archives, Washington, D.C. 20408.
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$105-63.404 Reproduction of tape recordings of Presidential conversations.
(a) To ensure the preservation of original tape recordings of
conservations which were recorded or caused to be recorded by any
officer or employee of the Federal Government 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 Executive Office Buildings located in Washington, District of
Columbia; Camp David, Maryland; Key Biscayne, Florida; or San Clemente,
California; and (3) were recorded during the period beginning
January 20, 1969, and ending August 2, 1974, the Administrator will
produce duplicate copies, with enhanced sound qualities, of such tape
recordings in his custody for public and official reference use. The
original tape recordings shall not be available for public access.
(b) Since the original tape recordings may contain information
which is restricted in accordance with $105-63.402, the Administrator
will review the tapes and delete restricted portions from copies for
public and official reference use.
(c) No researcher may reproduce or have reproduced sound
recordings of the reference copies.
$105-63.405 Reproduction and authentication of other materials.
(a) The copying for researchers of materials other than tape
recordings described in $105-63.404 normally will be done by personnel
of the General Services Administration using government equipment.
With the permission of the Administrator or his designated agent, a
researcher may use his own copying equipment. Permission shall be
based on the determination that such use will not harm the materials
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or disrupt reference activities. Equipment shall be used under the
supervision of GSA personnel.
(b) The Administrator and his designated agents may
authenticate and attest copies or records when necessary for the
purpose of the research.
(c) The fees for reproduction and authentication of materials
under this section shall be those prescribed in the schedule set forth
in Subpart 105-61.52, or pertinent successor regulation, as that
schedule is amended from time to time.
$105-63.406 Amendment of regulations.
The Administrator may amend the regulations of this
Subpart 105-63.4 only after the proposed amendments have been placed
before the Congress for 90 legislative days.
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THE WHITE HOUSE
WASHINGTON
May 14, 1975
MEMORANDUM FOR:
MAX FRIEDERSDORF
FROM:
BILL CASSELMAN
CS,
At yesterday's hearing by the Senate Government Operations Committee
on the proposed GSA regulations regarding the release of the Nixon tapes
and documents, it is reported that the Committee unanimously agreed to
send a letter to the President urging immediate nomination of the public
members of the Public Documents Commission (established by the
Presidential Recordings and Materials Preservation Act). It is further
reported that the Committee intends to write to the appropriate agency
heads and urge them to make their "statutory" appointments to the
Commission.
The purpose of the Commission is to recommend long-range policy on
release of the records of federal officials. Reading between the lines,
it would appear that the Committee is anxious to push onto the Commis-
sion some of the hard decisions regarding the treatment of the papers
of future Presidents. In any event, it might be advisable for you or for
one of your able staff members to inform the Committee that the
President's appointments are in clearance. Unlike the Congressional
appointments, however, the Presidential nominees require a complete
FBI field investigation and a conflicts of interest review. This is
expected to take several more weeks. Following the nominations of
the public members, the statutory appointments will be made.
CC: Robin West
bcc: Phil Buchen
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