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135838686
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JGR/National Archives and Records Administration Act of 1984 (2 of 2)
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135838686
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JGR/National Archives and Records Administration Act of 1984 (2 of 2)
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485
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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135838686
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1986-12-31
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1986
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1982-01-01
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/National Archives and
Records Administration Act of 1984
(2 of 2)
Box: 33
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
THE WHITE HOUSE
WASHINGTON
April 11, 1985
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS 026
SUBJECT:
Archivist Letter to Administration Officials
This has been "on hold" on my desk for some time. You will
recall that we held it up in light of Nixon library concerns
and the establishment of the new National Archives and
Records Administration (independent of GSA). At this point
I think any effort to obtain personal papers of Administration
officials should be coordinated with the Ronald Reagan
Presidential Foundation. Accordingly, this particular item
should be closed out.
Attachment
ID #.
CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o - OUTGOING
H INTERNAL
I INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: Marie allen
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Memo to Jean Lamb asking for approval
of out going form letter for the personal papers
of administration officials
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
WHOLL
ORIGINATOR 84,02,08
/
/
Referral Note:
WATI8
A 84,02,08
/ /
Referral Note:
/ /
/ /
-
Referral Note:
/ /
/ /
I
Referral Note:
/ /
/ /
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A - Appropriate Action
I - Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
S For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
THE WHITE HOUSE
WASHINGTON
April 17, 1985
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS off
SUBJECT:
Archives Issues
You requested that I prepare a list of issues to discuss
with the candidate for appointment as Archivist of the
United States. This list follows:
1. What is your understanding of the position of the
Archivist in the Government? The National Archives and
Records Administration Act of 1984 provides that the National
Archives and Records Administration is "an independent
establishment in the executive branch." What is your
understanding of that provision?
2. Do you consider the Archivist to be subject to the
direction and control of the President? By law, the President
may remove the Archivist, but must communicate his reasons
for doing so to Congress. Do you view failure to follow
instructions as a justifiable reason for removal? What sort
of Presidential instruction would you decline to follow?
3. Are you familiar with the Presidential Records Act
of 1978? That Act gives to the Archivist custody and
control of Presidential records -- the most sensitive
Executive branch documents.
4. Do you recognize why the Archivist must be completely
within the Executive branch and subject to Presidential
control, if he is to have custody and control of the most
sensitive Presidential records?
5. Many Presidential records -- and many non-Presidential
records from throughout the Executive branch departments and
agencies -- are subject to executive privilege. What is
your understanding of the doctrine of executive privilege?
6. The constitutionally-based doctrine of executive
privilege recognizes that the President must be able to
receive candid and unfettered advice if he is to discharge
his constitutional duties, and that to preserve the free-flow
- 2 -
of such advice some information must be protected from
disclosure, not only to the public but to Congress as well.
As the Archivist, would you consider executive privilege in
reviewing records for public access?
7. How would you reconcile a statutory obligation to
open records to the public with a direction from the President
or Attorney General to withhold such records on grounds of
executive privilege?
8. Do you think executive privilege can protect even
old documents from disclosure? Older than twelve years?
9. What role should consideration of personal privacy
have in reviewing the possible release of a document?
Should individuals discussed in a record be given notice of
the intended release and an opportunity to object?
[
THE WHITE HOUSE 4/23/85
WASHINGTON
TO: JOR
FROM: Richard A. Hauser RAY
Deputy Counsel to the President
FYI:
For Filer
COMMENT:
ACTION:
THE NEW YORK TIMES, TUESDAY, APRIL 23, 1985
A24
WASHINGTON TALK
Briefing
The Archivist Race
O
n April 1 the National Archives
shed the General Services Ad-
ministration as its parent and
became an independent agency, the
National Archives and Records Ad-
ministration. But the restructured
agency still lacks a permanent head.
Under the revised structure, an Ar-
chivist of the United States is to be ap-
pointed by the President and con-
firmed by the Senate. The job, which
pays $73,600 a year, is considered by
historians, librarians, researchers
and others to be one of the most pres-
tigious professional appointments in
the country.
So far, four men who want the job
have had White House inverviews, ac-
cording to historians and Govern-
ment officials keeping track of the ap-
pointment. The four are: John Agres-
to, the deputy chairman of the Na-
tional Endowment for the Humani-
ties; Charles Blitzer, a former Smith-
sonian Institution official now at
Duke University's National Humani-
ties program; Theodore Carter, who
heads the American Philosophical
Society in Philadelphia, and Peter J.
Duignan, the head of the African pro-
gram at the Hoover Institution for
War, Revolution and Peace at Stan-
ford University in Palo Alto, Calif.
In recent days, some historians in
the capital say, Mr. Duignan has be-
come the front-runner. And expecta-
tion is growing, with some misgiv-
ings, that Mr. Duignan will be named
by President Reagan. The misgivings
stem from concern that Mr. Duignan
is identified as an outspoken political
conservative who once used the word
"swine" to describe Anatoly F. Do-
brynin, the Soviet Ambassador to the
United States.
Meanwhile, the archives are being
supervised by Frank Burke, who re-
placed Robert W. Warner when he re-
tired this month. Mr. Warner held the
Archivist's job under the old system,
before it became a Presidential ap-
pointment.
PRESERVATION COPY
THE WHITE HOUSE
WASHINGTON
April 17, 1985
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS
off
SUBJECT:
Archives Issues
You requested that I prepare a list of issues to discuss
with the candidate for appointment as Archivist of the
United States. This list follows:
1. What is your understanding of the position of the
Archivist in the Government? The National Archives and
Records Administration Act of 1984 provides that the National
Archives and Records Administration is "an independent
establishment in the executive branch." What is your
understanding of that provision?
2. Do you consider the Archivist to be subject to the
direction and control of the President? By law, the President
may remove the Archivist, but must communicate his reasons
for doing so to Congress. Do you view failure to follow
instructions as a justifiable reason for removal? What sort
of Presidential instruction would you decline to follow?
3. Are you familiar with the Presidential Records Act
of 1978? That Act gives to the Archivist custody and
3
control of Presidential records -- the most sensitive
Executive branch documents.
4. Do you recognize why the Archivist must be completely
within the Executive branch and subject to Presidential
control, if he is to have custody and control of the most
sensitive Presidential records?
5. Many Presidential records -- and many non-Presidential
records from throughout the Executive branch departments and
agencies -- are subject to executive privilege. What is
your understanding of the doctrine of executive privilege?
6. The constitutionally-based doctrine of executive
privilege recognizes that the President must be able to
receive candid and unfettered advice if he is to discharge
his constitutional duties, and that to preserve the free-flow
- 2 -
of such advice some information must be protected from
disclosure, not only to the public but to Congress as well.
As the Archivist, would you consider executive privilege in
yss was unton N
reviewing records for public access?
7. How would you reconcile a statutory obligation to
open records to the public with a direction from the President
or Attorney General to withhold such records on grounds of
executive privilege?
exec, nal and
8. Do you think executive privilege can protect even
old documents from disclosure? Older than twelve years?
mand
9. What role should consideration of personal privacy
have in reviewing the possible release of a document?
Should individuals discussed in a record be given notice of
the intended release and an opportunity to object?
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