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JGR/Presidential Records (1 of 5)
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JGR/Presidential Records (1 of 5)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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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/Presidential Records
(1 of 5)
Box: 39
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
December 30, 1976
MEMORANDUM FOR THE WHITE HOUSE STAFF
FROM:
JAMES E CONNOR
SUBJECT:
Presidential Papers
Following up on Philip Buchen's memorandum of
November 30, 1976 concerning collection of Pres-
idential papers, each staff member is to deposit
all of his or her Presidential papers with the
White House Central Files or with archivists who
are assisting in this effort, no later than Monday,
January 10. In order to complete in a timely manner
the logistical arrangements for moving these materials
to the University of Michigan, the only exception is
for those files which are essential for the President
to carry out his official duties. Such essential
papers, along with any others generated after January 10,
are to be deposited with Central Files or the archivists
by 5 p.m. on January 19. Should you have any questions
in this regard, please contact Barry Roth, x2397.
Archivists are currently in the process of visiting each
staff office in order to estimate the volume of materials
to be shipped. They will also be available to assist each
office in the transfer of these materials to Michigan.
Your cooperation and assistance is requested.
THE WHITE HOUSE
WASHINGTON
November 30, 1976
MEMORANDUM FOR THE WHITE HOUSE STAFF
FROM:
PHILIP W. BUCHEN
T.W.B.
SUBJECT:
PRESIDENTIAL PAPERS
The President intends to arrange for the deposit of papers
related to his administration as President in a library
similar to the libraries for papers of other Presidents.
There they will be preserved and made accessible for
research and reference purposes, along with his papers
that are related to the other public offices he has held
and to his political activities. For historical purposes,
it is most important that the library collection be com-
plete and comprehensive and that there be no omission or
loss of documents which may have historical value.
This memorandum sets forth guidelines for handling the
papers and other materials in the custody of various
members of the President's staff that apply to the papers
of the White House Office, the Domestic Council, the
Economic Policy Board, the Energy Resources Council, and
the Council on International Economic Policy and to the
Presidential files of the National Security Council. The
papers of staff members within other offices of the Executive
Office of the President, e.g., OMB, CEA, CEQ, STR, OTP, etc.,
are subject to the requirements of the Federal Records Act
and will be handled accordingly. Any questions concerning
these guidelines should be raised at the earliest possible
time with Barry Roth, Extension 2397.
1. Prior to departure from the President's staff, each
staff member should turn over all the papers and other
materials in his or her possession to Central Files
with the exception of his or her purely personal papers
or materials. Official papers classified Secret and
higher, including compartmented intelligence documents,
should be turned in to the Staff Secretary. Campaign
- 2 -
related materials as well as official materials are
to be preserved and deposited in Central Files. To
the extent practicable, official and campaign materials
should be separated before being sent to Central Files.
Papers and materials for Central Files should be placed
in storage boxes available for that purpose from
Frank Matthews, Ext. 2240, and should be accompanied
by an index listing the file folder titles or giving
other descriptions of the contents in each box.
Material classified Secret and above being turned
in to the Staff Secretary should be placed in boxes
or large manila envelopes, securely taped, and accom-
panied by an unclassified listing of contents on the
outside. The box or envelope itself should be clearly
marked with the highest level of documents it contains
and include the name of the individual or office sub-
mitting the material.
2. Purely personal files and materials, including original
documents, may be taken by the departing staff member.
Such files include correspondence unrelated to any
official or campaign duties performed by the staff
member; daily appointment records and telephone logs;
personal copies of books, pamphlets and periodicials;
folders of newspaper or magazine clippings; copies of
records of a personal nature relating to a person's
employment or service; and personal copies of photo-
graphs, proclamations, commissions or similar commemo-
rative items. Personal files do not include any copies,
drafts or working papers that relate to official busi-
ness or the campaign.
3. A staff member may make a copy or may retain an extra
copy of a document which embodies original intellectual
thought contributed by the staff member or any of his
assistants, such as the product of research, the notes
or drafts of speeches delivered by the staff member,
and drafts of proposed legislation; and the copy of
any other document written or signed by the staff member
that is included in his or her chronological files,
along with a duplicate of each related incoming letter
or memorandum, may be retained if the original incoming
document remains in the Presidential papers; provided,
however, no copies may be retained of any documents
which come within any of the following categories:
3
(a) Material classified for reasons of the national
security under Executive Order 11652;
(b) Restricted data under the Atomic Energy Act of
1954, as amended;
(c) Information supplied to the government under
statutes which make the disclosure of such
information a crime; or
(d) Memoranda of all types written to the President;
other documents that contain recommendations or
advice made directly or indirectly to the President;
proposed drafts of speeches or statements for the
use of the President; schedule proposals to the
President; briefing papers used in discussions
with the President and records made of such dis-
cussions; minutes of meetings of the EPB, ERC,
and similar cabinet-level organizations; personnel
recommendations or evaluations, and the like.
A staff member who has had access to materials among the
Presidential Papers who subsequently needs to inspect them,
for his personal use, will be permitted to do so after their
accession in the Presidential library, subject to such re-
strictions as may be generally applicable at the time of the
requested inspection.
The cooperation and assistance of each staff member in the
collection of such materials is requested. This includes
materials not only in your office but those materials per-
taining to your official duties which you may have other
than at your present office.
In order to assist in the collection of these materials
for the President, staff members should begin depositing
them in Central Files or with the Staff Secretary, as
appropriate, as soon as possible. It is expected that
staff offices will deposit all inactive files no later than
mid-December and the bulk of any remaining files by January
10. Any offices desiring the assistance of archivists for
this purpose should contact Barry Roth who will make the
appropriate arrangements.
4
By way of a reminder, gifts received from a foreign
government valued in excess of $50 are property of the
United States Government and must be deposited directly
with the Chief of Protocol, along with information con-
cerning the identity of the donor and the circumstances
of the gift.
PERMANENT FILE
THE WHITE HOUSE
F63
WASHINGTON
on
WH3-2
December 15, 1980
FE8
MEMORANDUM FOR WHITE HOUSE OFFICE STAFF MEMBERS AND
HEADS OF ALL EXECUTIVE OFFICE OF THE
PRESIDENT ELEMENTS
FROM:
SUBJECT:
OF PRESIDENTIAL Jack PAPERS AND COPIES
JACK WATSON
LLOYD CUTLER
PROCEDURES DISPOSITION AND REMOVAL
1.
Introduction.
1.1
Until 1974, Presidential Papers were treated as the
personal property of the outgoing President, to be disposed of as
he saw fit. While no statute specifically legalized this custom,
the Presidential Libraries Act of 1955 tacitly recognized it by
authorizing government-operated Presidential libraries in which
outgoing Presidents could deposit any papers they wished, and
could specify the terms under which Government or public access
would be permitted.
1.2
In 1974, because of the legal controversies over former
President Nixon's right to dispose of his tape recordings, Congress
enacted a special law dealing solely with the Nixon records. And
in 1978, Congress enacted the Presidential Records Act of 1978
setting forth procedures for the retention and disposition of all
Presidential Papers beginning with the next term starting January 20,
1981.
-2-
1.3
Accordingly, President Carter's Papers are his own
personal property, as in the case of all of his predecessors
except President Nixon. In making his own decisions, President
Carter has considered the practices of his predecessors, as well
as the principles and policies of the Presidential Records Act of
1978.
1.4
President Carter intends to donate most of his Presi-
dential Papers to the United States Government, subject to certain
restrictions on access described below.
1.5
President Carter's three predecessors who completed
their terms in office, Presidents Eisenhower, Johnson and Ford,
each established procedures which prohibited members of their
respective staffs from removing Presidential Papers or copies of
such papers. * President Carter recognizes that staff members may
have a legitimate interest in retaining copies of some papers
recording actions in which they participated. He has, therefore,
decided to allow members of the White House Staff and members of
the staffs of elements of the Executive Office of the President
to remove copies of certain Presidential Papers with his prior
permission under the restrictions set forth below.
1.6
The President respects the right of every staff member
to speak and write freely about his experiences as a member of
the White House Staff or the EOP. But he also expects those who
* *Presidents Kennedy and Nixon, of course, did not complete
their terms.
-3-
have had the privilege of serving on the White House Staff or in
the EOP to respect the President's rights of ownership and control
over the Presidential Papers generated during his term, and the
principle that White House advisers do not disclose their own
non-public advice or that of other advisers, or the President's
non-public response, without the President's consent.
2.
Distinction Between Presidential Papers and Personal Papers.
2.1
"Papers" include, but are not limited to, all correspon-
dence, memoranda, documents, photographs, maps, recordings, logs,
appointment books, journals, pamphlets, documentary material and
copies of the above.
(a) "Personal Papers". Personal Papers are all materials,
including personal correspondence, journals, diaries, and
their functional equivalents, which are neither developed in
connection with nor utilized during the transaction of
official government business. The important criterion is
not whether the papers merely refer to or are derived from
public business, but whether they are actually used, or were
created in the transaction of governmental operations. For
example, an evening diary which refers to government business
but is not used in transacting such business is a Personal
Paper. On the other hand, office diaries, appointment books,
telephone logs and personal notes taken during a government
meeting or used in transacting subsequent government business
are Presidential Papers.
-4-
(b) "Presidential Papers". Presidential Papers are all
records which are not Personal Papers and were either
originated or received by the following officials and
elements of the Executive Office of the President:
White House Office
Intelligence Oversight Board
Domestic Policy Staff (except for the Drug Abuse Policy
Section)
Council of Economic Advisers
National Security Adviser and Deputy National Security
Adviser, and deposited in the White House Situation Room
Chairman of the Council on Wage and Price Stability
Director of the Office of Administration
Those files of the Office of Science and Technology Policy
reflecting its advisory role to the President.
(c) "Campaign Papers". Campaign Papers are all papers
which were developed in connection with or utilized during
the 1980 Presidential campaign and which originated in or
were received by the above enumerated officials or elements
of the Executive Office of the President. President Carter
has decided to treat Campaign Papers as Presidential Papers.
President Carter may segregate these papers from other
Presidential Papers in order to provide special protection
for their confidentiality.
2.2
A staff member owns his personal papers. Originals and
all copies of Presidential Papers are owned by the President.
The President intends to grant staff members access to Presidential
Papers relating to actions in which they participated when such
papers have been deposited in the Presidential Library. Consistent
-5-
with the practice of previous Presidents and President Carter's
deed of gift, members of the general public will not be granted
access to the Presidential Papers placed in the Carter Library
until President Carter authorizes such access.
3.
Copying or Removal of Papers from White House Files.
3.1
Staff members may remove their own Personal Papers from
White House or EOP files.
3.2
Staff members may remove the following types of Presi-
dential Papers: photographs and copies of published documents.
The original of a staff member's personnel records, appointment
books and telephone logs may not be removed. Copies of personnel
records, appointment books and telephone logs may be removed.
3.3
Original drafts of documents which were circulated to
any other office for comment are Presidential Papers which should
remain in files for transfer to the Presidential Library. (Copies
of such drafts may be removed as provided in subparagraph 3.4 (b)
below.) Subject to the restrictions of paragraph 4 below, original
drafts which were not circulated by the author for any purpose,
including comment by other staff or any other office, may be
treated as Personal Papers and removed by the staff member who
prepared them. The staff member may of course make originals or
copies of drafts available for deposit in the Presidential Library.
The President encourages doing SO for drafts of historical interest.
-6-
3.4
Subject to the restrictions of paragraphs 4 and 6 below,
staff members may also make and remove copies of a limited number
of other selected Presidential Papers, but only after the following
procedures are observed:
(a) The staff member shall execute a "Departure Agreement
Relating to Presidential Papers" (hereinafter "Departure
Agreement"), a copy of which is attached.
(b) Attachment A of the Departure Agreement shall list all
Presidential Papers (other than those covered by paragraph
3.2), of which the staff member requests permission to remove
copies. The list shall have appended to it a copy of each
such Presidential Paper and a brief description of its
contents -- e.g., staff member's weekly reports to the staff
head or to the President. In the absence of special justi-
fication, the President expects every staff member to hold
to an absolute minimum the number of Papers for which permis-
sion to remove copies is requested.
(c) Presidential Papers listed on Attachment A of the
Departure Agreement shall be removed from the White House
or EOP element only after Jack Watson or his designee has
authorized their removal on behalf of the President.
(d) Copies of Presidential Papers removed by staff members
under the procedures of this paragraph 3.4 may not be further
-7-
published or disclosed by the staff member except in com-
pliance with the executed Departure Agreement and paragraph
6 below.
4.
Classified Materials and Other Sensitive Files.
4.1
Staff members may not destroy or retain the original or
a copy of any document which is:
(a) Classified for reasons of national security pursuant to
Executive Order 12065, or any predecessor order;
(b) Restricted Data or Formerly Restricted Data pursuant to
the Atomic Energy Act of 1954, as amended;
(c) Submitted to the government pursuant to statutes which
make disclosure of such information a crime;
(d) Submitted to the Office of the Counsel to the President
and related to the personal or financial affairs of any
Administration nominee, proposed nominee or federal employee,
unless submitted by the staff member.
4.2 (a) Permission may be obtained to remove copies of selected
documents, classified pursuant to subparagraphs 4.1 (a) and (b)
above, if the departing staff member makes confirmed arrange-
ments to store the documents in secure storage containers in
an approved facility, and establishes a chain of secure
custody over the documents. This permission must first be
-8-
obtained from the National Security Adviser after consulta-
tion with the Counsel to the President, and then from Jack
Watson or his designee in accordance with the procedures
described in paragraph 3 above.
(b) A staff member may have in his or her files originals
or copies of sensitive Presidential Papers which do not bear
security classification markings. If a staff member requests
permission to remove a copy of any such Presidential Paper,
its sensitivity should be specifically called to the attention
of the Counsel to the President at the time Attachment A of
the Departure Agreement is submitted.
4.3
The President intends to donate most of the classified
materials in the Presidential Papers to the United States. In
the President's deed of gift of his Papers to the United States,
he will establish restrictions on access to all Presidential
Papers. However, he intends to allow former staff members to
have access under the terms of the Departure Agreement to any
such materials they originated or received while working in the
White House.
4.4
The use and transfer of classified materials are governed
by criminal statutes. Strict adherence to the above rules is
essential.
-9-
5.
Disposition Recommendations to the President.
5.1
The President intends to donate the bulk of his Presi-
dential Papers to the United States for deposit in the President's
library. The President will, however, retain certain selected
papers in his personal files. If the head of a White House
Office staff or EOP element believes that the President should
consider retaining an individual document or category of papers
as part of his personal files rather than in the Presidential
Library, he should bring this recommendation to the attention of
the President or his Counsel.
5.2
If the head of a White House Office staff or EOP
element concludes that the ongoing nature and importance of a
particular matter makes it essential that copies of selected
Presidential Papers be provided to the succeeding Administration,
he should recommend this to the President. Such recommendations
should be the exception rather than the rule.
6.
Duty of Non-disclosure, Liability to Subpoena, and
Executive Privilege.
6.1
Duty of non-disclosure. Permission for staff members
to remove copies of or obtain access to Presidential Papers is
subject to the staff member's signed agreement and continuing
duty to preserve the President's legal right as the owner of such
papers to decide whether the papers should be published or disclosed
to third parties. Publication or disclosure to third parties of
-10-
the complete or partial text of a Presidential Paper by a staff
member shall be made only after approval from the President or
his designee, pursuant to the procedures established in the
attached Departure Agreement. The President's approval will be
confined to the publication or disclosure of the Presidential
Paper and will not be conditioned on prior review or approval of
any comment the staff member desires to make in connection with
such publication or disclosure.
6.2
Subpoena and Executive Privilege. Any papers retained
by the departing President or a departing staff member, whether
Presidential or Personal, remain subject to a valid judicial,
Congressional or agency subpoena. If such a subpoena is served,
its validity may be judicially challenged on various grounds
(e.g., relevancy, specificity, or if President Carter or the
incumbent President so elects in the case of Presidential Papers,
Executive Privilege). The power to assert Executive Privilege
resides both in the former President and in the incumbent President
at the time the issue of disclosure arises. If a departing staff
member is asked to produce his copy of a Presidential Paper by a
court, Congressional committee or agency (whether by informal
request or enforceable subpoena), the staff member should consult
with President Carter and the Counsel to the incumbent President
to determine whether President Carter or the incumbent President
desires to assert Executive Privilege. As the attached Departure
Agreement provides, if Executive Privilege is asserted by President
Carter or the incumbent President, the departing staff member
-11-
should defer disclosing the information subject to the objection
until such objection has been withdrawn or judicially resolved.
7.
Departure Procedure.
7.1
Plans have been developed for the storage of Presidential
Papers both before and after January 20, 1981. Procedures for
packing files of Presidential Papers in cartons and identifying
the cartons have been developed by the National Archives Office
of Presidential Libraries, which has been responsible for the
packing, shipment and storage of Presidential Papers of previous
Presidents. Archives personnel will be assisted by the Office of
Records Management. Presidential Papers are to be collected,
packed, carefully identified and then stored in the Executive
Office Building until January 19 or 20. Thereafter, they will be
shipped under armed guard to a storage facility in Georgia.
Presidential Library archivists will be in Georgia to receive the
Presidential Papers when they arrive, to supervise their unloading
and to maintain inventory control over them. If necessary,
specific files and folders will be retrievable almost immediately.
7.2
The President, of course, retains control of these
papers throughout the inventory and cataloguing process. Access
to the papers will be controlled by the terms and conditions of
the deed of gift which will convey the President's papers to the
United States. The President intends to permit staff members who
-12-
comply with the terms of the Departure Agreement to have access
to papers they originated or received after they go into the
Presidential Library.
7.3
Representatives of the Office of Presidential Libraries
will shortly be in touch with you to initiate the inventory and
packing of the files in your office or in storage. You may reach
these archivists by calling Extention 2545 (Room 415 OEOB). You
are requested to follow their instructions for packing and storing
of records.
7.4
The volume of Presidential Papers is great and it is
important that we begin immediately to prepare the papers for
storage and ultimate transfer to the Carter Presidential Library.
We will need the cooperation of the entire staff to carry out
this procedure efficiently.
7.5
Staff members departing before being contacted by
archivists should make direct arrangements with the Office of
Records Management to pack Presidential Papers in their respective
offices for temporary storage.
8.
Exit Interviews.
8.1
We are continuing the process of exit interviews of
selected staff members by representatives of the Office of
-13-
Presidential Libraries of the National Archives and Records
Service. The information obtained from these interviews will be
of considerable value in establishing the Carter Library. The
President urges your cooperation with Archives personnel in this
process.
9.
Consulting Counsel.
9.1
As each staff member reviews his or her files, a number
of questions of interpretation will arise. All such questions
should be raised with the office of the Counsel to the President.
THE WHITE HOUSE
WASHINGTON
November 5, 1980
MEMORANDUM FOR: WHITE HOUSE STAFF
FROM
: Instructions fact on Transition
:
JACK WATSON
AL MCDONALD
SUBJECT
The President has instructed that we provide the finest
transition in history for the President-elect and his team.
He directed further that we carry out this important task in
as gracious, constructive and helpful way as possible.
The President, his Cabinet and his staff continue to bear
the full authority and the responsibility for determination
of policy and the conduct of the government until the end of
the term. Therefore, the transition should in no way
diffuse this authority or responsibility. Its aim is to
provide for appropriate orientation, informational exchanges
and planning for a smooth transition of the Presidency on
Inauguration Day.
Our office will be overseeing the transition efforts and
making sure these activities are conducted in a planned,
disciplined and orderly way. Until appropriate contact
points are named and links established between unit transition
leaders and the President-elect's designees, you should
refer all requests for information, orientation sessions or
other actions to this office for coordination and clearance.
We welcome ideas and suggestions you may have to make this
transition the finest ever. Many of you shared the experience
of an earlier transition, and your advice and counsel would
be much appreciated. Please send your suggestions directly
to us marked "Administratively Confidential."
THE WHITE HOUSE
WASHINGTON
December 17, 1980
MEMORANDUM FOR:
WHITE HOUSE STAFF
FROM:
AL MCDONALD
Wed
HUGH CARTER
SUBJECT:
Resignations
As part of a smooth and orderly transition, White House
staff members should be making their personal plans for
the transition.
White House staff members, not part of the permanent staff,
should submit their resignations by January 6, 1981, with
an effective date of January 20, 1981, or earlier. Senior
staff members and deputies should submit their resignations
directly to the President through the Staff Secretary. All
other staff members should submit their resignations to their
department head.
Those staff members who are part of what has historically
been the career White House Operating Units should assume
they will remain beyond January 20, 1981. After a reasonable
amount of time, the new administration will then make whatever
decisions they feel are appropriate on the continuation of
individual staff members.
Secretarial staff and other support personnel in the White
House Policy Offices who have expressed interest in staying
should anticipate remaining with the White House after
January 20. The new administration will then have an opportunity
to select those staff members whom they wish to retain.
Since our task forces and special project efforts will be phased
out, most detailees will be returning to their agencies between
January 10 and January 19, 1981.
Some staff members will be leaving prior to January 20. It is
important those leaving complete the formal check out procedures.
To do so, please contact the White House Personnel Office on
Ext. 2260. There will be further guidance provided on check out
procedures for the remainder of the staff who will be leaving on
or close to January 20.