Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
7346748
label
Letter from the President to the Archivist of the United States and the President of the University of Michigan regarding his papers
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
7346748
sourceUrl
contentType
document
title
Letter from the President to the Archivist of the United States and the President of the University of Michigan regarding his papers
citationUrl
collections
White House Press Releases (Ford Administration)
Press Releases
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
7346748
levelOfDescription
item
productionDates
day
14
logicalDate
1976-12-14
month
12
year
1976
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
2e4f59c78c832cb1
ocrText
Digitized from Box 34 of the White House Press Releases at the Gerald R. Ford Presidential Library
THE WHITE HOUSE
WASHINGTON
December 13, 1976
Dear Dr. Rhoads and President Fleming:
This letter is addressed to you, Dr. Rhoads, as the
Archivist of the United States (hereinafter referred
to as the "Archivist") acting under authority of
Chapter 21 of title 44, United States Code, and the
authority delegated to you under such statute by and
from the Administrator of General Services. This
letter is addressed also to you, President Fleming,
in your capacity as the duly authorized representa-
tive of the Regents of The University of Michigan,
a constitutional corporation of the State of Michigan
(hereinafter referred to as the "University").
The purposes of this letter are to offer for deposit
the materials as described and provided in Annex A
attached, to be kept in a Presidential archival
depository, and to convey my rights, title and interest
in such materials. This letter and accompanying Annexes
A and B deal with materials that may have historical,
educational or commemorative value because of my life
and work:
(i) as a candidate for election to, and as
Member of, the Congress of the United
States during the period 1948 to 1973,
(ii) as Vice President of the United States
in 1973 and 1974,
(iii) as President of the United States from
August 9, 1974, until the expiration
of my term on January 20, 1977,
(iv) as candidate for nomination and election
to become President for a subsequent term,
and
(v) as participant in a variety of other
public and political activities.
- 2 -
This offer of deposit is made to the Archivist for
acceptance pursuant to the following pertinent pro-
visions of Chapter 21 of title 44, United States
Code:
"When the Administrator of General Services
considers it to be in the public interest
he may accept for deposit --
" (1) the papers and other historical
materials of a President or former. President
of the United States, or other official or
former official of the Government, and other
papers relating to and contemporary with a
President or former President of the United
States, subject to restrictions agreeable
to the Administrator as to their use;
"
(44 U.S.C. § 2107)
Concurrently with acceptance of this offer of deposit,
I convey to the United States of America all my rights,
title and interest in the materials accepted for deposit,
including my literary property rights in the unpublished
portions of such materials, which deposit and conveyance
are subject, however, to:
(i) the exclusions and reservations in
Annex A and to the terms and restric-
tions that are stated in Annex B, and
(ii) the condition that in the event the United
States does not abide by the aforesaid terms
and restrictions, as determined by a court
of competent jurisdiction, possession of the
materials shall be transferred to, and all
my rights, title and interest conveyed here-
under shall vest in, the University, subject
to the same terms and restrictions.
This conveyance to the United States is made for accep-
tance pursuant to the following pertinent provisions of
Chapter 21 of title 44, United States Code:
"
The Administrator, in negotiating
for the deposit of Presidential historical
materials, shall take steps to secure to
the Government, as far as possible, the
right to have continuous and permanent
possession of the materials. Papers,
- 3 -
documents, or other historical materials
accepted and deposited under section 2107
of this title and this section are subject
to restrictions as to their availability
and use stated in writing by the donors or
depositors, including the restriction that
they shall be kept in a Presidential archival
depository. The restrictions shall be
respected for the period stated, or until
revoked or terminated by the donors or
depositors or by persons legally qualified
to act on their behalf. Subject to the
restrictions, the Administrator may dispose
by sale, exchange, or otherwise, of papers,
documents, or other materials which the
Archivist determines to have no permanent
value or historical interest or to be
surplus to the needs of a Presidential
archival depository. "
" (d) When the Administrator considers it to
be in the public interest, he may cooperate
with and assist a university, institution
of higher learning, institute, foundation,
or other organization or qualified indivi-
dual to further or to conduct study or
research in historical materials deposited
in a Presidential archival depository."
(44 U.S.C. § 2108 (c) and (d) as amended
by P. L. 94-575 on October 21, 1976).
Also, this conveyance is made on terms that will allow
for additional cooperation with and reliance on the
University or other appropriate organization by the
Government as may be permitted by law.
This conveyance does not affect the rights or obliga-
tions that I may have as President or former President
or as former Vice President, or that a President in
office may have, to assert and enforce any applicable
privilege in respect of confidential Presidential or
Vice Presidential portions of the material conveyed;
or the rights I may have as a former member of Congress
to assert and enforce any applicable privilege in
respect of confidential Congressional portions of the
materials conveyed.
- 4 -
Following are reasons for this offer of deposit and
the conveyance and for the terms and restrictions to
which they are subject:
(a) To enable the United States to maintain
and operate an archival facility to be
constructed by the University for all
the described materials that are of a
documentary nature, upon which students,
historians and other scholars may draw
in order accurately to recount and judge
the political history of our times and
my participation in the events of that
history.
(b) To have such archival facility embrace
the full scope of my materials relating
to my entire political and public career
in the three different Constitutional
offices I have held.
(c) To permit the establishment and operation
of such archival facility in Ann Arbor,
Michigan, in connection with a long-
established, diversified and distinguished
institution of higher learning, where it
will be readily available to a large
resident faculty and student body and to
visiting scholars and researchers from
throughout this nation and from other
countries, and where the usefulness of
the materials deposited will be enhanced
by the availability of many other
scholarly resources within the University
and by the general stimulation and support
for scholarly research and educational
activities which the University provides.
(d) To take advantage on a temporary basis of
facilities on the campus of the University
that will allow archival accession and
other processing of the conveyed materials
until completion of a new structure which
the University is to provide as a permanent
archival facility for these materials; and
to build upon the extensive work of pro-
cessing already done by the University at
its own expense on virtually all of the
documentary materials related to my elections
and career as a Member of Congress.
- 5 -
(e) To enable the United States to maintain
and operate a museum in Grand Rapids,
Michigan, as another facility of my
Presidential archival depository, in a
building to be provided by an appropriate
organization, for housing and exhibiting
the many articles of commemorative and
educational value among the conveyed
materials, together with tangible gifts
received by the United States during and
because of my service as President, where
they will be readily available for viewing
by the people in the area of my home town
whom I represented in the Congress for
25 years and by interested visitors,
researchers, educators and students from
throughout the nation in the manner that
similar materials of former Presidents
Hoover, Roosevelt, Truman, Eisenhower,
and Johnson have become available within
their respective home areas for that
purpose.
(f) To express my deep appreciation to the
people of the State of Michigan and to
the University for their many benefits
to me and helpful influences upon my
life, and to demonstrate my grateful
cooperation with the University, the
citizens of my former Congressional
district, especially the members and
supporters of the present Gerald R.
Ford Commemorative Committee, and
other interested persons in their
plans to raise the funds necessary for
the construction of the archival facility
and the museum which, when in operation
with the materials conveyed, will serve
as national resources of historical,
commemorative, and educational importance.
Materials similar in nature to those conveyed hereby and
suitable to the uses and purposes for which this conveyance
is made, including those related to my life and work as
former President after January 20, 1977, may hereafter be
added to those conveyed hereunder by me, or by any other
person having title, right, or interest therein, by inten-
tional delivery to the Archivist for that purpose or by an
- 6 -
instrument of conveyance that makes reference to this
letter. Such additional materials, if accepted by the
Archivist, shall be subject to the terms and restrictions
of Annex B hereto except as otherwise specified by the
donor at the time they are conveyed.
Upon acceptance of this letter, along with accompanying
annexes, by your respective signatures on all three copies
hereof (one of which copies is to be returned to me, and
the others of which shall be kept by the two of you,
respectively) the offer and acceptance for deposit and
the conveyance evidenced by this letter and accompanying
annexes shall be effective for all purposes, and the terms
thereof shall not be altered or amended except by agreement
in writing among the Archivist, the University and me or,
after my death, by agreement among the Archivist, the
University and my duly appointed and acting executor or
executors. In no event, however, shall any amendments
to this letter and accompanying annexes revert or restore
to me or to my estate any rights of ownership in the
conveyed materials.
Sincerely,
/s/ Gerald R. Ford
The Honorable James B. Rhoads
Archivist of the United States
Washington, D.C. 20408
and
Mr. Robben W. Fleming
President
The University of Michigan
Ann Arbor, Michigan 48104
Attachments
[12-13-76]
TO THE HONORABLE GERALD R. FORD:
Pursuant to my authority under Chapter 21 of
Title 44, United States Code, as delegated to
me by the Administrator of General Services, I
accept on behalf of the United States of America
the deposit of your papers and other historical
materials and the conveyance of your rights, title,
and interest therein as stated in your letter of
December , 1976, to be administered in accor-
dance with restrictions as to their use specified
in your letter and its accompanying annexes; and
I am prepared to maintain and operate the archives
and museum in facilities that may later be offered
to the United States subject to the consummation of
all legal requirements of the above-cited statute.
/s' James B. Rhoads
James B. Rhoads
Archivist of the United States
December 13, 1976
Date
[12-14-76]
TO THE HONORABLE GERALD R. FORD:
On behalf of the Regents of The University of
Michigan and subject to ratification by the
Regents of The University of Michigan, I accept
the executory interest and other benefits
inuring to the University as stated in your
letter of December , 1976, for the uses and pur-
poses and subject to the terms and restrictions
as stated, with the understanding that the
University will use its best efforts to raise
the necessary funds for, and to accomplish the
design and construction of, the contemplated
archival facility.
/s/ R. W. Fleming
R. W. Fleming
December 14, 1976
Date
[12-14-76]
"STANDARDS FOR ACCESS TO RESEARCH MATERIALS
IN ARCHIVAL AND MANUSCRIPT REPOSITORIES"
Adopted By The Society of American Archivists
on December 29, 1973
1. It is the responsibility of an archival and manuscript
repository to make available research materials in its posses-
sion to researchers on equal terms of access. Since the
accessibility of material depends on knowing of its existence,
it is the responsibility of a repository to inform researchers
of the collections and archival groups in its custody. This
may be accomplished through a card catalog, inventories, and
other internal finding aids, a published guide and reports to
NUCMC where appropriate, and the freely offered assistance of
staff members.
2. To protect and insure the continued availability of the
material in his custody, the archivist may impose several
conditions. (a) The archivist may limit the use of fragile
or unusually valuable materials SO long as suitable reproduc-
tions are made available for the use of all researchers.
(b) All materials must be used in accordance with the rules of
and under the supervision of the repository. Each repository
should publish and furnish to potential researchers its rules
governing access and use. Such rules must be equally applied
and enforced. (c) The archivist may refuse access to unprocessed
materials, so long as such refusal is applied to all researchers.
(d) Normally, a repository will not send research materials for
use outside its building or jurisdiction. Under special circum-
stances a collection or a portion of it may be loaned or placed
on deposit with another institution. (e) The archivist may
refuse access to an individual researcher who has demonstrated
such carelessness or deliberate destructiveness as to endanger
the safety of the material.
3. Each repository should publish a suggested form of citation
crediting the repository and identifying items within the collec-
tion for later reference. Citations to copies of which the
originals are in other repositories should include the location
of the originals.
2
4. A repository should advise the researcher that he and his
publisher have the sole responsibility for securing permission
to publish beyond fair use from unpublished manuscripts in which
literary property rights are retained or from materials protected
by statutory copyrights, or to publish extensive quotation (beyond
fair use) from copyrighted works. A repository should, to the
best of its ability, inform the researcher about known retention
of literary rights.
5. A repository should not grant privileged or exclusive use
of any body of material from any person or persons, or conceal
the existence of any body of material from any researcher unless
required to do so by law, donor, or purchase stipulations.
6. A repository should, whenever possible, inform the researcher
of parallel research by other individuals using the same papers.
It may supply names upon request with the prior permission of
the researcher.
7. Repositories are committed to preserving manuscript and
archival materials and to making them available for research
as soon as possible. At the same time, it is recognized that
every public agency has certain obligations to guard against
invasion of privacy and to protect confidentiality in its records
in accordance with law and that every private donor has the right
to impose reasonable restrictions upon his papers to protect
confidentiality for a reasonable period of time. (a) It is the
responsibility of the archivist to inform researchers of the
restrictions which apply to individual collections or record
groups. (b) The archivist should discourage donors from imposing
unreasonable restrictions. (c) The archivist should, whenever
possible, require a specific time limit on all restrictions.
(d) The repository should periodically reevaluate restricted
records and work toward providing access to material no longer
harmful to individuals or to national interest.
[12-14-76]
ANNEX A
DESCRIPTION OF MATERIALS CONVEYED
I.
General description. Subject to the provisions of
paragraphs II and III below, all my documents, papers,
correspondence, notes, records, pamphlets, brochures,
magazines, newspapers, clippings, books, pictures, prints,
photographs, negatives, illustrations, maps, films, vocal
or visual recordings, works of art, mementos, souvenirs
and the like, including those already placed with the
University, that relate to my candidacy for, and election
or appointment to, the public offices and positions I have
held or still hold, that relate to my life and work in
such public offices and positions and to my other political
and public activities, and that have been prepared, pro-
duced, obtained or received in connection with any of the
foregoing.
II. Excluded materials. The following items are not included:
(1)
Household furniture, furnishings, decorations,
goods and equipment of mine used or intended
to be used to furnish, decorate or equip any
home or living quarters of mine or of my
immediate family;
2
(2) My personal effects and equipment such as
wearing apparel, jewelry, pipes and pipe
accessories, and skiing, golf, and tennis
equipment;
(3) Correspondence, notes, memoranda, or objects
that came to me from my wife or any of my
children, from my parents or from my brothers,
their wives or their children;
(4) My personal and family records, correspondence,
and other materials related to banking, savings,
insurance, tax, employment, compensation,
business, professional, income, investment,
purchase, sales, payment, property, financial
and legal matters; and materials concerning
my opportunities and plans for the period
after I have left office or related to my
future service to my political party;
(5) Books and retained copies of periodicals in
my personal residence library or collection;
(6) Documentary materials that I refrain from
delivering to the Archivist which are
merely duplicates or facsimiles of papers
or records otherwise included in these
conveyances and which I may need for on-
going reference purposes;
3
and, whether or not they fall in any of the above categories,
all of the following are excluded from these conveyances:
(7) My busts of Abraham Lincoln and of Thomas
Jefferson as Ambassador to France; framed
plates showing Abraham Lincoln, eagles and
eaglets; sculpture of an eagle alighting;
"Constitution" frigate; mounted sailfish;
and my golden plate award;
(8) My Weidenaar watercolor; my painting of
the Friendship Fire Engine Company of
Alexandria; and my set of seven wood
paintings;
(9) Utilitarian objects consisting of my desk
equipment; a metal cash box; barometers;
clocks; and metal serving tray with the
seal of Michigan;
(10) The items in my personal numismatic and
philatelic collections, in my respective
collections of miniature elephant
statuary, of space flight pictures, and of
cartoons;
(11) My collections of photographs made or received
over the years that are now in my albums, in my
private files or mounted in frames for my use;
4
(12) Originals of special letters, notes and
photographs of a personal nature, as I
have compiled since 1950, in a series of
albums separate from my regular or official
files;
(13) Framed original copies of my documented
oath as President and my documented oath
as Vice President and of President Johnson's
letter to me as member of the Warren Commission;
and
(14) Selected gifts to me or my family, which are
not among foreign or domestic gifts treated or
required to be treated as belonging to the
United States, and other articles of mine,
which I omit from delivery to the
Archivist.
III. Exclusion and reservation of literary property rights.
All literary property rights in any works commercially
published prior to this time that I have written or to
which I have contributed, including, but not limited to,
any statutory copyright or contractual rights therein,
are excluded from this conveyance.
5
Also, I reserve for myself, my heirs, successors or
assigns all my literary property rights in any other
works I may hereafter write for publication or to which
I may hereafter contribute for publication, based in
whole or in part on the conveyed materials, including,
but not limited to, any statutory copyright or contractual
rights in such works and including the right to license
any publisher of such works; and I further reserve the
nonexclusive right to make any literary use of the
conveyed materials.
[12-14-76]
ANNEX B
TERMS OF DEPOSIT AND CONVEYANCE
The following terms and restrictions apply to the deposit
of materials and the conveyance of possessory and property
rights therein that are evidenced by the accompanying
letter from Gerald R. Ford to James B. Rhoads as the
Archivist of the United States (hereinafter referred to
as the "Archivist") and to Robben W. Fleming for the
Regents of The University of Michigan (hereinafter re-
ferred to as the "University") and by Annex A to such
letter; and this Annex B sets forth the uses and purposes
for which the deposit and conveyance are made.
1. Division of materials into collections for
archival facility and for museum. In order to provide
for different uses and eventual separate placements of
those materials having primary interest to historians
and researchers and, secondly, of those materials that
are of a more general interest, the materials conveyed
shall be appropriately divided into an archival collec-
tion and a museum collection. Allocated to the archival
collection shall be all papers, records, photographs,
illustrations, films, vocal or visual recordings and the
like. Allocated to the museum collection shall be all
other items and objects of an historical, artistic,
educational or commemorative value. However, if the
2
materials include more than one copy of a documentary or
illustrative item, which would otherwise be allocable to
the archival collection but which would also be of interest
or value for the museum collection, one of the copies may
be allocated to the museum collection. In addition,
temporary reallocations may be made from one collection
to the other as circumstances warrant from time to time.
2. Separate placement of the two collections.
The archival collection is to be located at Ann Arbor,
Michigan, in a Presidential archival facility on a campus
of the University, space for which is to be provided there
temporarily in an existing facility and as soon as practicable
on a permanent basis in a suitable new building to be con-
structed and owned by the University and designated as the
Gerald Ford Library. The museum collection is to be located
as soon as practicable on a permanent basis within Grand
Rapids, Michigan, or its environs after a suitable building
for that purpose has been provided by an appropriate organi-
zation (such as the Gerald R. Ford Commemorative Committee
or other local civic group, a municipality or State agency,
the University or another institution of higher learning)
which shall be designated as the Gerald Ford Museum. Until
such time as the arrangements set forth above can be imple-
mented, materials for either or both collections may be
3
kept in whole or in part, under appropriate safeguards,
at such other locations as the Archivist may from time to
time determine, in concurrence with the University, in-
cluding, if I SO request, placement of specific portions
of the collections at a designated office that is provided
for my use by the United States Government. The use by
the United States for the foregoing purposes of land,
buildings or equipment owned by the University or other
appropriate organization shall be on available terms that
the Archivist considers proper; and the respective facilities
to be used on a permanent basis for housing and preserving
my collections shall together constitute the Presidential
archival depository for the historical materials of my
Presidency and of the other offices I have held.
3. Integrity of the respective collections. This
conveyance has been made comprehensive to include and,
except as provided in paragraphs 1 and 2, to keep to-
gether on a permanent basis all materials that relate in
any way to each of the different offices I have held and
each of my political and other public activities over the
entire period since 1948. In the protection, care and
administration of the materials, as and after they are
accessioned, this integrity shall at all times be main-
tained; provided, however, that no provision of this
conveyance shall be construed to preclude:
4
(a) Additions to the collections of related
materials from any source, on a temporary
or permanent basis.
(b) Temporary loans to other institutions or
exhibits of items or objects from the
collections under appropriate safeguards
and for purposes consistent with the
historical, commemorative, and educational
value of the collections and the public
interest therein.
(c) Temporary loans to me or to any member of
my immediate family of objects from the
museum collection or of extra copies from
the archival collection.
(d) Return to me or, as the case may be, to any
other rightful owner of items received by
the Archivist which were not by the terms of
the applicable conveyance intended to be con-
veyed or which could not under valid existing
and applicable law have been conveyed for the
uses and purposes stated.
(e) Disposal in any manner of materials that do
not appear to have sufficient administrative,
legal, research or historical value to warrant
5
their further preservation as part of the
collections, provided the University shall
have the right of first refusal to any of
the archival materials the Archivist proposes
for disposal.
4. Administration of the collections and operation of
the library and museum. The respective collections and
facilities in which they are located shall be adminis-
tered and operated in a manner consistent with the terms
and restrictions stated in this Annex and with the uses
and purposes for which the deposit and conveyance have
been made, including the following particular provisions:
(a) Each collection and permanent facility shall be
under the direction and supervision of a qualified
director, or a single such director may serve for
both collections and permanent facilities. Such
directors are hereinafter referred to respectively
as the director of the library and the museum.
Each director shall be appointed by the Archivist,
and the appointment for the archival collection
and facility shall be made only after prior
consultation with the University and, insofar
as the law permits, with its approval, so that,
if at all possible, the director to be appointed
6
may have or be given faculty status by the
University. Each director shall be entitled
to act for and in behalf of the Archivist to
the extent of the authority delegated to him,
subject to any restrictions or qualifications
imposed by the Archivist.
(b) For the archival collection, the University
shall appoint a council of not less than five
members who shall initially hold office for
such staggered terms as the University shall
designate at the time of appointment and whose
successors shall be appointed by the University
for terms equal to the longest of the initial
terms or equal to the unexpired portion of a
term for which a vacancy may have occurred.
For so long as possible, members shall be
appointed primarily from among persons who
have been identified or associated with my
public life. For the museum collection, when-
ever funds for a suitable building have been
provided, the local civic group or other
organization by which or under whose auspices
the funds have been provided or raised (hereinafter
referred to as the "sponsoring organization")
7
shall appoint a similar council of not less than
five members on the same basis and shall similarly
appoint or make provisions for appointments of
successor members. The council for the archival
depository shall advise and make recommendations
to the University, which shall seek and receive
the same, for the benefit of the administration
of the archival collection and facility; and the
council for the museum collection shall advise
and make recommendations to the sponsoring organi-
zation, which shall seek and receive the same, for
the benefit of the administration of the museum
collection and facility. The Archivist and each
director shall seek and receive advice and recom-
mendations from the University or the sponsoring
organization on matters of general policy in the
administration of the archival collection and
facility and the museum collection and facility,
respectively, on any arrangements made pursuant
to subparagraph (c) below, and on significant
questions of interpretation and application of
the terms and restrictions of this conveyance.
(c) Notwithstanding any other provisions of this
annex, to the extent provisions of Federal law
may allow for administration and operation by
8
the University or other appropriate organization
of the collections and of the respective facilities
in which they are located, under contract, subsidy
or other arrangement with or from the Federal
Government, then on terms the Archivist considers
proper, the University or other appropriate
organization may succeed to the authority and
responsibility otherwise to be exercised by the
Archivist.
5. Access to materials in the archival collection.
(a) Processing of materials. For purposes of this
Annex B and related documents, the term "processed
materials" refers to those materials belonging to
a coherent segment that in its entirety has been
physically readied for research use, has been
described in the form of finding aids, and has
been reviewed for the purpose of identifying
materials subject to any of the restrictions
specified in subparagraph (c) below. Materials
shall be processed as soon as possible. Also,
in order to comply in any particular instance
with subparagraphs (d), (e) or (f), those
particular materials to which access is required,
if not already processed materials, shall be
9
processed promptly to whatever minimum extent
will serve that purpose only and will assure
compliance with the other terms and restrictions
of this Annex.
(b) General standards for access to processed
materials Paragraphs 1 through 6 of the
"Standards for Access to Research Materials in
Archival and Manuscript Repositories" adopted
by the Society of American Archivists on
December 29, 1973, (copy of which is attached)
shall be applicable to all processed materials
insofar as practicable, subject, however, to
application of restrictions upon access, as
contemplated by paragraph 7 of such standards,
that are stated below.
(c) Restricted materials. Except for access by
qualified persons employed and engaged in the
performance of normal archival work on the
materials and except as otherwise provided in
subparagraphs (d), (e) and (f), no materials
coming within any of the following categories
shall be made available for inspection, reading,
copying, or other use, whether or not processed:
10
(i) Material relating to my personal, family,
and confidential business affairs or to those
of other persons in their communications to me
(although it is not my present intention to include
material of this nature in the archival collection).
.
(ii) Material relating to investigations of
individuals and organizations, to proposed
appointments to office, or to personnel matters.
(iii) Material involving communications made in
confidence to me or between my advisors for the
purpose of assisting or advising me in my duties
and responsibilities as a Member of Congress or
as Vice President or President.
(iv) Material containing information or statements
that might be used to harass or injure any living
person or to interfere with a person's right of
privacy or right of association.
(v) Material containing information or statements
where disclosure is prohibited by statute.
(vi) Material containing statements or informa-
tion, the divulgence of which might prejudice the
conduct of foreign relations of the United States
of America or which would adversely affect the
security of the United States of America.
(vii) Materials that are security-classified
pursuant to law or Executive Order.
11
Except as required by law or Executive Order,
and subject to the other provisions hereof,
material originally falling within any of the
foregoing categories, shall not continue to
be restricted beyond January 20, 1990, unless
and to the extent the director of the library
determines otherwise, and then only for such
additional period or periods for particular
materials in any category as may be reasonable
under the then existing circumstances. Except
with regard to materials restricted under
categories (v), (vi), or (vii), above,
particular materials originally restricted
may be sooner made available when in the
judgment of the director of the library the
reasons for having restricted such materials
no longer exist. Materials originally re-
stricted under categories (v), (vi) or (vii)
may be made available at any time only when in
the judgment of an appropriate Federal official
or committee the reasons for having restricted
them no longer exist.
(d) My access and that of former appointees or
staff members. I or any designated agent of
mine, during my lifetime, shall have the full
12
right of access to all materials, including
restricted materials, for purposes of inspection,
reading and copying. Also, the same right of
access shall be afforded, with my written per-
mission and on such terms as I may set (or in
the event of my disability or after my death,
by permission of the director on such terms as
he may set) to any former Presidential appointee
who served in my Administration or former member
of my Congressional, Vice Presidential or
Presidential staffs in respect of materials
authored or prepared by such person or by any
of his assistants and not otherwise available
to such person. In addition, I or any member
of my immediate family shall be entitled to
receive temporary loans of existing duplicates
in the collection of materials that are not
restricted, upon consent of the director and on
such terms and under such safeguards as he may
determine.
(e) Access for current official business of the
White House Office of the President. The
director of the library shall make available
for reading or copying otherwise restricted
materials relating to my official duties as
13
President, while I held office, upon written
request in each instance from the Counsel to the
President, with a copy to me or my designated
agent, describing with specificity the materials
required, stating that the information they contain
is needed for current official business of the
White House Office of the President, and is not
otherwise available, and undertaking to protect
the restrictions set forth herein and to deliver
to the director all copies received or made of
restricted materials.
Access for reading of any such materials or
receiving or reading any copies thereof as
provided under the terms of this subparagraph,
shall be limited to the President himself, the
Counsel to the President, and such other
responsible and qualified staff member of the
White House Office of the President as shall
have been named and authorized in the written
request to read the materials or to receive a
copy thereof and who makes in writing the same
undertaking that the Counsel to the President
has made.
(f) Access for compliance with subpoena or other
lawful process. Subject to any rights, defenses,
or privileges which the Federal Government or
14
any other organization or person may invoke,
the materials, whether or not processed, shall
be subject to subpoena or other lawful process.
The director of the library shall develop pro-
cedures for providing notice to the Federal
Government, to me, and, within practical limits,
to any other organization or person who may
invoke such rights, defenses, or privileges in
particular instances covered by this subparagraph.
(g) Security-classified information. All access to
the materials is subject to the requirement that
information which is security-classified or pro-
tected from divulgence pursuant to law or Executive
Order shall be made available and shall be used
only in accordance with procedures established
by law or Executive Order governing the avail-
ability and use of such information.
6. Access to materials in the museum collection. Materials
in the museum shall be temporarily or permanently displayed
or exhibited for public viewing on a selective basis as the
museum director may from time to time determine. I, or any
member of my immediate family, shall have full right of
access to any of the materials in the museum for the pur-
pose of inspecting, photographing, or duplicating them.
15
Temporary loans to me or to any member of my family of
specific materials may be requested, and they shall be
granted upon consent of the director and on such terms
and under such safeguards as he may determine.
Other uses of, and access by researchers, educators, and
students to, museum materials shall be in accordance with
such generally applicable rules or policies as the museum
director shall from time to time promulgate.
7. Availability and use of materials for remainder of my
Presidential term. Notwithstanding any other provisions
hereof, such of the conveyed materials as are now available
to me or staff members of the White House Office or Execu-
tive Office of the President within the White House and
related facilities shall continue to be so available to me
and to such staff members and their permittees for use in
the conduct of Government business during the remainder
of my Presidential term.
8. Interim provisions. Pending a further appointment,
the director of both the library and museum and the
depositories in which the conveyed materials are temporarily
placed shall be the Archivist. He shall have the full
authority granted the library and museum director or
directors under the terms of this conveyance and the
right or power to delegate all or any portion of such
16
authority from time to time as he determines. Pending
implementation of provisions herein for appointment of
a library council or of a museum council, requirements
hereunder for seeking and receiving advice and recom-
mendations from the applicable council may be complied
with by consulting with me or with any other person
whom I shall have designated to serve for me in such
consultative capacity.