Notes on 44 U.S.C. § 2111 : US Code - Notes

Search Notes on 44 U.S.C. § 2111 : US Code - Notes

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1288, Sec. 2107; Pub. L.
95-591, Sec. 2(b)(2), Nov. 4, 1978, 92 Stat. 2528; renumbered Sec.
2111 and amended Pub. L. 98-497, title I, Secs. 102(a)(1),
107(a)(5), Oct. 19, 1984, 98 Stat. 2280, 2286.)
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code 1964 ed., Sec. 397(e) (June 30, 1949, ch.
288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d),
64 Stat. 583; July 12, 1952, ch. 703, Sec. 1(p), 66 Stat. 594; July
12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955, ch. 859, 69 Stat.
695).
PRIOR PROVISIONS
A prior section 2111 was renumbered section 2115 of this title.
AMENDMENTS
1984 - Pub. L. 98-497, Sec. 107(a)(5), substituted "Archivist"
for "Administrator of General Services" in provisions preceding
par. (1), and substituted "Archivist" for "Administrator" in par.
(1).
1978 - Pub. L. 95-591 inserted provision excluding Presidential
records which are subject to provisions of chapter 22 of this title
from application of this section.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section
301 of Pub. L. 98-497, set out as a note under section 2102 of this
title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-591 effective with respect to
Presidential records created during a term of office of President
beginning on or after Jan. 20, 1981, see section 3 of Pub. L. 95-
591, set out as an Effective Date note under section 2201 of this
title.
PRESIDENTIAL RECORDINGS AND MATERIALS PRESERVATION ACT
Pub. L. 93-526, title I, Secs. 101-106, Dec. 19, 1974, 88 Stat.
1695-1698, as amended by Pub. L. 98-497, title I, Sec. 107(c), Oct.
19, 1984, 98 Stat. 2291; Pub. L. 108-199, div. F, title V, Sec.
543(a), Jan. 23, 2004, 118 Stat. 346, provided: "That this Act
[enacting this note, sections 3315 to 3324 of this title, and
provisions set out as a note under section 3315 of this title] may
be cited as the 'Presidential Recordings and Materials Preservation
Act'.
"TITLE I - PRESERVATION OF PRESIDENTIAL RECORDINGS AND MATERIALS
"DELIVERY AND RETENTION OF CERTAIN PRESIDENTIAL MATERIALS
"Sec. 101. (a) Notwithstanding any other law or any agreement or
understanding made pursuant to section 2111 of title 44, United
States Code any Federal employee in possession shall deliver, and
the Archivist of the United States (hereinafter referred to as the
'Archivist') shall receive, obtain, or retain, complete possession
and control of all original tape recordings of conversations 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 9, 1974.
"(b)(1) Notwithstanding any other law or any agreement or
understanding made pursuant to section 2111 of title 44, United
States Code, the Archivist shall receive, retain, or make
reasonable efforts to obtain, complete possession and control of
all 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.
"(2) For purposes of this subsection, the term 'historical
materials' has the meaning given it by section 2101 of title 44,
United States Code.
"AVAILABILITY OF CERTAIN PRESIDENTIAL MATERIALS
"Sec. 102. (a) None of the tape recordings or other materials
referred to in section 101 shall be destroyed, except as hereafter
may be provided by law.
"(b) Notwithstanding any other provision of this title, any other
law, or any agreement or understanding made pursuant to section
2111 of title 44, United States Code, the tape recordings and other
materials referred to in section 101 shall, immediately upon the
date of enactment of this title, be made available, subject to any
rights, defenses, or privileges which the Federal Government or any
person may invoke, for use in any judicial proceeding or otherwise
subject to court subpena or other legal process. Any request by the
Office of Watergate Special Prosecution Force, whether by court
subpena or other lawful process, for access to such recordings or
materials shall at all times have priority over any other request
for such recordings or materials.
"(c) Richard M. Nixon, or any person whom he may designate in
writing, shall at all times have access to the tape recordings and
other materials referred to in section 101 for any purpose which is
consistent with the provisions of this title, subsequent and
subject to the regulations which the Archivist shall issue pursuant
to section 103.
"(d) Any agency or department in the executive branch of the
Federal Government shall at all times have access to the tape
recordings and other materials referred to in section 101 for
lawful Government use, subject to the regulations which the
Archivist shall issue pursuant to section 103.
"REGULATIONS TO PROTECT CERTAIN TAPE RECORDINGS AND OTHER MATERIALS
"Sec. 103. The Archivist shall issue at the earliest possible
date such regulations as may be necessary to assure the protection
of the tape recordings and other materials referred to in section
101 from loss or destruction, and to prevent access to such
recordings and materials by unauthorized persons. The Archivist may
transfer such recordings and materials to a Presidential archival
depository in accordance with section 2112 of title 44, United
States Code.
"REGULATIONS RELATING TO PUBLIC ACCESS
"Sec. 104. (a) The Archivist shall, within ninety days after the
date of enactment of this title [Dec. 19, 1974], submit to each
House of the Congress a report proposing and explaining regulations
that would provide public access to the tape recordings and other
materials referred to in section 101. Such regulations shall take
into account the following factors:
"(1) the need to provide the public with the full truth, at the
earliest reasonable date, of the abuses of governmental power
popularly identified under the generic term 'Watergate';
"(2) the need to make such recordings and materials available
for use in judicial proceedings;
"(3) the need to prevent general access, except in accordance
with appropriate procedures established for use in judicial
proceedings to information relating to the Nation's security;
"(4) the need to protect every individual's right to a fair and
impartial trial;
"(5) the need to protect any party's opportunity to assert any
legally or constitutionally based right or privilege which would
prevent or otherwise limit access to such recordings and
materials;
"(6) the need to provide public access to those materials which
have general historical significance, and which are not likely to
be related to the need described in paragraph (1); and
"(7) the need to give to Richard M. Nixon, or his heirs, for
his sole custody and use, tape recordings and other materials
which are not likely to be related to the need described in
paragraph (1) and are not otherwise of general historical
significance.
"(b) The regulations proposed by the Archivist in the report
required by subsection (a) shall not take effect until the
expiration of the first period of 60 calendar days of continuous
session of the Congress after the date of the submission of such
regulations to each House of the Congress. For the purposes of this
subsection, continuity of session is broken only by an adjournment
of Congress sine die, but the days on which either House is not in
session because of an adjournment of more than three days to a day
certain are excluded.
"(c) The provisions of this title shall not apply, on and after
the date upon which regulations proposed by the Administrator take
effect under subsection (b), to any tape recordings or other
materials given to Richard M. Nixon, or his heirs, pursuant to
subsection (a)(7).
"(d) The provisions of this title shall not in any way affect the
rights, limitations or exemptions applicable under the Freedom of
Information Act, 5 U.S.C. Sec. 552 et seq.
"JUDICIAL REVIEW
"Sec. 105. (a) The United States District Court for the District
of Columbia shall have exclusive jurisdiction to hear challenges to
the legal or constitutional validity of this title or of any
regulation issued under the authority granted by this title, and
any action or proceeding involving the question of title,
ownership, custody, possession, or control of any tape recording or
material referred to in section 101 or involving payment of any
just compensation which may be due in connection therewith. Any
such challenge shall be treated by the court as a matter requiring
immediate consideration and resolution, and such challenge shall
have priority on the docket of such court over other cases.
"(b) If, under the procedures established by subsection (a), a
judicial decision is rendered that a particular provision of this
title, or a particular regulation issued under the authority
granted by this title, is unconstitutional or otherwise invalid,
such decision shall not affect in any way the validity or
enforcement of any other provision of this title or any regulation
issued under the authority granted by this title.
"(c) If a final decision of such court holds that any provision
of this title has deprived an individual of private property
without just compensation, then there shall be paid out of the
general fund of the Treasury of the United States such amount or
amounts as may be adjudged just by that Court.
"AUTHORIZATION OF APPROPRIATIONS
"Sec. 106. There is authorized to be appropriated such sums as
may be necessary to carry out the provisions of this title."
[Pub. L. 108-199, div. F, title V, Sec. 543(b), Jan. 23, 2004,
118 Stat. 346, provided that: "Nothing in section 103 of the
Presidential Recordings and Materials Preservation Act (Public Law
93-526; 44 U.S.C. 2111 note), as amended by subsection (a), may be
construed as affecting public access to the recordings and
materials referred to in that section as provided in regulations
promulgated pursuant to section 104 of such Act.]"
CLASSIFIED NATIONAL SECURITY INFORMATION
For provisions authorizing Archivist to review, downgrade, and
declassify information of former Presidents under control of
Archivist pursuant to this section or provisions set out as a note
under this section, see Ex. Ord. No. 12958, Sec. 3.6(b)(4), Apr.
17, 1995, 60 F.R. 19835, set out as a note under section 435 of
Title 50, War and National Defense.