DEPARTMENT OF STATE BRIEFING MEMORANDUM 5 5 tIMITED OFFICIAL USE NODIS February 16 1976 The Secretary L - Monroe Leigh tt Telephone Memoranda Problem As you know William Safire has made a request under the Freedom of Information Act FOI for certain transcripts of your telephone conversations Tab 1 By letter dated February 11 Tab 2 the Department denied the Safire request principally on the ground that your telephone memoranda are not agency records subject to the FOI A second FOI request from Norman Kempster of the Washington Star asks for all transcripts of your conversations with President Nixon Tab 3 The due date for responding to this request is February 24 The request will undoubtedly be denied on grounds similar to those mentioned in the letter to Safire The principal problem however is not legal but political It is virtually certain that William Safire and others will try to sensationalize the telephone memoranda And they will probably begin litigation challenging the denial of their FOI requests which will further - -mobilize public attention We should therefore consider steps that should be taken now which will a defuse unfounded suspicion while b protecting your right to access to these mernorarida c protecting sensitive foreign policy information and d preserving the privacy rights of yourself and others LIMITED OFFICIAL USE NODIS • LIMITED OFFICIAL USE NODIS -2Discussion Safire has asked for all telephone memoranda which contain either a reference to him by name or a discussion of leaks in telephone conversations between you and either President Nixon Mitchell Haig Hoover or other FBI officials see Tab 1 Since Safire's letter specifically mentions the period of January 21 1969 to February 12 1971 we have construed his request as being limited only to memoranda which originated during that --period - - - - - - - -- - - - - - - - - The Kempster request seeks all memoranda of conversation between you and President Nixon see Tab 3 The request is not limited to any particular subject matter Since it refers to President Nixon we can at least limit it to the period of January 20 1969 to August 9 1974 From a legal standpoint we have a number of defenses to these FOI requests which we consider to be sound Moreover our approach in resisting these requests has been orally approved by Philip Buchen and by Assistant Attorney General Scalia Mr Scalia also reported that Attorney General Levi supports the principle of our position Current Legal Defenses The Department's letter denying the Safire request see Tab 2 is based upon the following legal defenses The FOI Act applies only to agency records We have some basis for claiming that since your telephone memoranda are simply personal papers or personal work aids since they have been kept in your custody or that of your immediate assistants and since any substantial government decisions referred to in them are probably described in detail in other government records the memoranda should not be characterized as agency records Telephone memoranda which originated in your former White House office were made in your capacity as Special Assistant to the President and thus cannot be the records of any agency under the accepted legislative history of the FOI Act LIMITED OFFICIAL USE NODIS LIMITED OFFICIAL USE NODIS -3Since all conversations between you and President Nixon presumably involve direct advice to a President memoranda of these conversations should not be considered agency records ·-- Even if the memoranda were characterized as agency records they would be protected under exemption 5 of the FOI which protects materials reflecting the deliber- ative process in the formulation of government decisions and policies Many of the memoranda are also protected under exemption 1 which exempts classified material Disclosure of many if not all of the memoranda would violate rights of privacy Public Reaction Even though the foregoing defenses will undoubtedly protect your telephone memoranda from FOI disclosure the legal process of litigating these issues will focus public attention on the memoranda We feel virtually certain that William Safire will take our denial of his request to court He may do this immediately or he may first seek an administrative appeal from the Department before going to court In either event we are likely to see more Safire columns and newspaper stories by others on this subject In our judgment we need to take steps now to place your position in a more favorable light than would appear from the mere legal defenses which will be offered Ownership and the Nixon Papers Controversy The question of ownership of a public official's papers is currently being contested in the Nixon papers litigation This has not always been an area of controversy For example a Cabinet Paper from the Eisenhower Administration expressly states that retiring heads of Departments may take with them memoranda of conferences and telephone calls as well as other personal work aids LIMITED OFFICIAL USE NODIS DESLASSIFIED Aurhority Jib 95% LIMITED OFFICIAL USE NODIS -4Both during his administration and upon resigning rom offi7e President Nixon asserted an ownership interest in all papers and materials generated at the White House while he was President On September 7 1974 upon leaving office President Nixon entered into an agreement with the GSA Administrator pursuant to 44 U S C 2107 Tab 4 by which he purported to donate to the Government all of these papers and materials approximately 42 million items In the agreement Nixon reserved the right to destroy at his discretion any of the papers and tapes included in the 11 donation 11 ' The agreement was made public immediately following the Nixon pardon and added fuel to the public outcry Subsequently it was apparently decided at the White House that the United States should not go through with this - -donation agreement Nixon then brought suit to implement the agreement This lawsuit is still in litigation In December 1974 the Congress enacted the Presidential Recordings and Materials Preservation Act which directs the GSA Administrator to take complete possession and control of the Nixon papers The GSA Administrator is required to propose regulations which will determine public access to the materials The regulations will presumably protect national security information and materials whose disclosure would violate statutory or constitutional rights It is contemplated that government archivists will catalogue the materials and return to President Nixon those papers which are clearly personal Finally the Act provides that if the courts ultimately determine that President Nixon or anyone else owns papers that are to be retained by the GSA Administrator the Government is to pay just compensation under the Fifth Amendment for the value of the papers and materials taken In short the entire question A lower court decision has held in not own any papers or materials in is discussed but this decision is review of ownership is confused effect that Nixon does which government business subject to further court It is possible that an eventual court decision may affect the disposition of your telephone memoranda -- e g it may indicate that the memoranda are part of h 7 Nixon papers which must b transfer ed to the GSA_Administrator under the Presidential Recordings and Materials Preservation Act Indeed it is conceivable that the GSA itself will contact you and others who served under President Nixon and request that you turn over various categories of papers LIMITED OFFICIAL USE NODIS I J lJ 2 f95 5'i_ DES SIFIED Authority LIMITED OFFICIAL USE NODIS -5Donating the Memoranda It is our assumption that a potential adverse public reaction could be preempted if it were made clear that your telephone memoranda and perhaps other papers were to be placed in the possession and control of the United States subject to reasonable guarantees of access by you and restrictions on access by others Such a donation of papers could moderate speculation and suspicion about matters appearing in the memoranda An actual or intended donation would seemingly have to be accompanied by two other steps First it would be important to obtain advance White House approval for both the method of donation as well as any restrictions accompanying the donation Second at the appropriate time the actual or intended donation should be publicly announced in a manner that maximizes the understanding that the memoranda are being preserved for future public and historical use and that the conditions accompanying the donation are reasonable thus at least by implication distinguishing your donation from the one attempted by President Nixon Options Your options appear to be 1 to keep the memoranda treating them as purely personal papers and fight the ensuing lawsuit 2 to donate and transfer the memoranda to the National Archives as soon as possible 3 to sign an agreement now to transfer the memoranda to the National Archives upon your retirement and 4 simply to announce an intention to donate the memoranda upon your retirement to some depository controlled by the Government These options and their variations are discussed below 1 Keep the memoranda treating them as personal papers This would be consistent with the position the Department is taking in denying the Safire and Kempster requests -- i e since the memoranda are personal papers or personal work aids they are not age cy records subject to the Freedom of Information Act LIMITED OFFICIAL USE NODIS LIMITED OFFICIAL USE NODIS -6However the public reaction to this may be explosive You may be accused of following President Nixon's claim that all White House papers were his personal property You would have the personal expense of defending in court the claim of personal ownership If you kept the memoranda you would have to make some arrangement for storing such of them as require classification Since some of the memoranda contain classified information federal approval would be needed for the storage area You probably could not store the memoranda in any depository in the national archive system unless you donated them to the United States If the memoranda were stored at a State Department facility such as at the U N Mission this would enhance a claim that they were agency records of the State Department and thus subject to the Freedom of Information Act It may be more difficult for you to arrange a donation of the memoranda after you retire from office You may not have close ties with a future Administration Or the ultimate outcome and ramifications of the Nixon papers litigation may require that you surrender or donate some of the memoranda under conditions less favorable than those you could obtain at present - 2 Donate and transfer the memoranda to the National Archives as soon as possible One way to defuse a potential adverse public reaction would be to donate and transfer immediately all the memoranda to the National Archives except perhaps for the most recent ones An immediate donation subject to reasonable conditions would remove any doubt as to your intentions It raises the following considerations Present Ownership of the Memoranda Since legal ownership of all the memoranda is in doubt a donation would have to be effective not only for memoranda ultimately found to be your personal property but also for those found to be government records A donation and transfer agreement can probably be phrased LIMITED OFFICIAL USE NODIS I l i D f ½ DECLASSIFIED IAuthority LIMITED OFFICIAL USE NODIS -7so that a to the extent the papers are personal you are signing the agreement in your personal capacity and donating them under 44 U S C 2107 see Tab 4 and that b to the extent they are government records you are transferring them under 44 U S C 2103 Tab 5 in your capacity as head of an agency Access and Copies for You Irresoective of whether the memoranda are ultimately deemed to be private or government papers you would be able in a donation agreement to secure the right of future access as well as copies of the memoranda You could ask the National Archives to make copies before it takes the first steps in cataloguing the memoranda Or you could make copies before donating the memoranda although this might create an issue for public speculation There is one circumstance where you could in the future be denied access of copies to the extent any of the memoranda were determined to be government records a future Secretary of State could alter the conditions affecting such records under 44 U S C 2104 see Tab 5 Return of Personal Papers Under a donation agreement the Archives could be required to segregate those memoranda which involve discussions of purely personal matters and to return these memoranda to you Restrictions on Public Access A donation and transfer agreement could in general terms specify effective restrictions on public access For example any of the memoranda containing discussions with or about foreign leaders foreign states or foreign policy alternatives could be made subject to a period of non-disclosure equivalent to that which the State Department would normally specify when it transfers similar materials to the Archives This period is generally thirty years from the date of a paper's Intelligence information appears to be subject to a fifty year maximum period DECLASSIFIED I J ll f9 5r a_ Authority LIMITED OFFICIAL USE NODIS -8origination subject to extension for national security reasons It probably would not be wise to state this and other restrictions in too much detail because it would tend to make the agreement look more like the Nixon donation Approval Apart from advance White House approval a donation agreement would have to be approved by the GSA Administrator -he must approve all conditions and restrictions on private papers donated to the National Archives 44 u s c 2107 see Tab 4 To the extent the memoranda are government records separate approval of the restrictions would not be necessary but one would need a determination by the Archivist that the memoranda were of historical value 44 U S C 2103 and 2104 see Tab 5 Conceivably one could attempt to make a donation without such prior approval The memoranda might be transferred with a draft agreement to the National Archives placing the burden on the Archivist and the GSA Administrator to accept reject or renegotiate the agreement while retaining custody of the memoranda Cataloguing Upon taking possession of the memoranda the Archives would presumably in due course process the memoranda to identify and segregate personal papers classifiable material material containing references to foreign leaders etc and memoranda whose disclosure might violate rights of privacy Cataloguing could take place either at the Archives or conceivably here at the State Department Future Storage The donation and transfer agreement could require that the memoranda be stored in the future at a designated depository in the national archives system including one in New York Reliability of Archivists The National Archives has a first rate reputation for maintaining the security of documents in its possession But one cannot discount the outside possibility that someone there may not adhere to customary standards of confidentiality LIMITED OFFICIAL USE NOD -9FOI Defenses A donation agreement could be structured so that our existing FOI defenses on the Safire request would not be prejudiced Moreover the donation agreement itself because it is based on a statute permitting restrictions on disclosure may itself provide an additional ground for non-disclosure Exemption 3 of the FOI Act protects materials exempt from disclosure under other statutes Also the agreement could require the Archives to notify you of future POI-requests Other Papers Included If other papers are donated together with the telephone memoranda it would indicate that the donation is intended to preserve a broad record of your participation in foreign policy rather than simply to protect the telephone memoranda Nixon Papers Litigation A donation agreement should reduce but will not eliminate the possibility that the memoranda will ultimately be determined to be part of the Nixon papers that are subject to the Presidential Recordings and Materials Preservation Act of 1974 In fact since GSA archivists under the 1974 Act are to have custody of the Nixon materials the GSA Administrator may insist that your donation agreement not extend to any portion of your papers which are determined by GSA archivists to fall within the 1974 Act 3 Sign an agreement now with the National Archives to donate the memoranda upon your retirement The principle advantage of this option is that you would retain custody of the memoranda while you remain in office You of course could have use of the memoranda simply by making copies However retaining actual custody would lessen the risk that persons outside the State Department would breach confidentiality Delaying the transfer poses a disadvantage if Safire goes to court to seek review of our denial of his FOI request If the Archives were in the midst of processing the memoranda one could argue to the court that the litiga- DECLASSIFIED Authority l U y9 5Ca_ I LIMITED OFFICIAL USE NODIS -10tion should be suspended until the processing is completed so that classified and other protected material could be identified and catalogued There may also be a public relations advantage to physically transferring the documents now rather than simply agreeing to transfer them in the future 4 Announce an intention to donate the memoranda upon your retirement to some depository under government control An announced intention to donate papers in the future might be supported by an exchange of communications with the President indicating his support for your commitment to have this valuable historical record preserved for the Government A statement of intention may give you greater flexibility in making a future donation however once you left office your flexibility may be reduced either because a new Administration has taken office or because an adverse decision has been rendered in the Nixon papers litigation As in Option 3 this may not have the impact of an actual transfer Also we could not delay litigation by Safire and others on grounds that the Archives were processing the memoranda Recommendation That you meet with Larry and us upon your return from South America to discuss the alternatives Approve Date Time Disapprove cc T - Mr Maw M - Mr Eagleburger DEC SIFIED Drafted L MSandler lms l AuthorityI J J95°5Ca c f r • r · r t l J t nr'· v J t I WAS HINGT •1 ev- AU • 1020 L ·s rr c 'E T ' I W YIASIHl C TC 1 CC c ' J6 12021 2 '3·31 0 0 WIWAM SA ' 'IR - anuary i4 1 97 6 • I ' I The Secretary of State State Dep ' tment Wash ngton D C 1 -1 I i' I J -· Sir J'l · · Under the provisions of the Free dom of Information Act as amended I requ e st informa · on from transcripts of telephone conver s at ions now in the custody of Mr Lawrence S Ea gl ebur ger of the State Department ' - ' j 4 ' -·i I -1 '- • • - J - 7 I • • r I J #J • I •••• • • • For verification of the existence of suc h · ---- ecords your attention is called to Fed er a l · · Def endant Kissing_cr' s r e sponse s to plain ti ff s ' · _· first set of interroga t ori 's 11 Civil Action ···_ No 1187-13 in the U S District Court for· the · · -•nistrict of Columbi pp 46-47 which rea s ·1 With respect to records o·f telephone - ·c • nvcr ation s in which I particip3ted af d corres - I pondence I wrote or receiv e d during the p e riod anuary 21 1969 through February 12 1971 · ·_ ·i ·f •j I • ' -· t · • Bus iness telephone conversations from my White House office during this period were usually · monitored by my personal secretaries and record s · prepared in accordance with routine governme nt _pra ticc· in order to facilitate implementation I - I I DECLASSIFIED • Authority l Jfu y jc _ The S crctary of State t- -- nd 1 I j • follow-up of business transacted • Correspondence was ·deoos ted with 1hite House Central Files or Substantiv _Files -I i j · 71 B Whe·re and in whose custody are such -- records now If you do not know where they are now where and in whose custody were they la st to your knowledge _ · i · •Response 1 11 such reco ds with the ex- _ceptio 1 of the records of my telephone calls - are in the White House They are in the custody of · the · SC staff The telephone records arc in · · the State Dep rtment in the custody of Mr • · - · Lawrence S Eagl burger ti J-3 · i _ _ - ·- _ r l '- ' j · - t t • signnture HENRY A KISSINGER - · 1 Please send me photocopies of all tran- - scrigt _ including rough drafts ·if such xist 'in which my name appears Please send me photocopies of ·all tro nscript s inc lu ling rough draf t s if such exist ·of convers 1 tions between Hr Kissinger and Generctl · Haig or Nr · Kissinger and Attorney General John · Mitchell or Mr Kissinger and J Edgar Hoover · or Nr Kissinger and any other officia l of the _ FBI or cf Mr Kissinger and President Richard · - -- Nixo in which the subject of leaks of · · · -__ - 2- · · •I l ib 79 % DECLASSIFIED Auffloricy • •• · 3 · The Secretary of State · - information was discus se d r • I _ j - As yqu know t6e amended Act provides that if so e parts of a file are exempt from release thQt reasonably segregable portions shall b e provided I thGrefo re request that if you det cr1r inc that some portions of the requcs tcd inforrna tion arc ex 2 npt you provide me im rnedia tely with a copy of the remainder of the file I of course reserve my right to appeal any such decisions If you dcten 1ine that some or a 11 of the requested information is exempt from release I · would a prcciate your adivisng me as to which - - - exemption s you b eli ve covers the information hich yo are not r cleasi g I am pr epared to pay costs specifi e d in your regulations for loc ting the requested files and reproducing them - As you know the amended Aqt permits you to reduce or waive the fees if that is in the public interest because furnishing the informa •· tion can be considered as p ir larily benefiting the public 11 I believe that this reques t pL t inly fits that category a nd ask you to wai e an fees - · If you have any questions regardino this 0 request please telephone me at the number on t his letterhead - · · · in As_ provided for the amend eel Act I will expect to receive a reply within ten working days i1 _ _cr e_1 y youxs t 0- I I i DECLASSIFIED Authority r- J' - - - - - r ' • ' - ' • William Sar ire - - ·· • Social Scc rity # 103 22 7703 Date of Birth 12 17 9 Place of Birth New York us DEPARTMENT OF STATE Wuhlneton o c 20520 February 11 1976 Mr William Safire The New York Times Washington Bureau 1920 L Street N W Washington D C 20036 Case No 610050 Dear Mr Safire This is to respond to your request of January 14 1976 under the Freedom of Information Act for 11 information from transcripts of telephone conversations now in the custody of Mr Lawrence s Eagleburger of the State Department 11 ·_ Your letter specifically refers to telephone conversations that Dr Kissinger participated in between January 21 1969 and Febru ry 12 1971 and r quests two categories of materials 1 all transcripts including rough drafts if such exist in which my name appears 11 2 all transcripts including rough drafts if such exist of conversations between Mr Kissinger and General Ha ig or Mr Kissinger 4nd Attorney General John Mitchell or Mr Kissinger and J Edga r Hoover or Mr Kissinger and any other official of the FDI or Mr Kissinger and President Richard J Nixon in which the subject of 'leaks' of information was discussed We have consulted with the Office of the Legal Adviser concerning your letter That office has been authorized to review the documents that appear to be covered by your request for the purpose of determining whether such documents are subject to the Freedom of Information Act It has advised us of the following f • - DECLASSIFIED Authority ili Y9 $k_ - 2 - 1 Although your request describes the documents as transcripts this description is not entirely accurate As described in Secretary Kissinger's Responses to Interrogatories in the Halperin litigation to which your request refers the documents range from brief and incomplete summaries to detailed or paraphrased accounts of telephone conversations The documents are in rough draft form and never have been reviewed for accuracy Your req est has been treated as referring to this group of · documents 2 The documents are not subject to the Freedom of Information Act Both because of the nature of the documents and because of Dr Kissinger's position at the time the documents were made they are not records of the Department of State or of any other agency and thus are not agency records within the meaning of the Freedom of Information Act 3 Even if the docu 111ents in question were considered to be agency records within the meaning of the Act they would appear to fall clearly within Exemption 5 of that Act In addition other specific statutory exemptions notably Exemption 1 wo ld be applicable as would claims of invasion of privacy 11 4 Beside falling outside the purview of the Freedom of Information Act the documents are not contained in any file which is retrievable or indexed by any name or identifying symbol or code therefore they are not subject to disclosure under the - Privacy Act 5 u s c 552a 5 Since this letter is not a denial of a record under section 6 6 b of the Department of State's Freedom of Information regulations copy attached the appeal provisions of those regulations section 6 8 are not technically applicable However if you wish to bring additional considerations to the Department's attention or to have a further review made of your request you may address a letter to the ' - 3 - -- •• Assistant SecrctDry of State for Public Affairn Chairman Council on Classification Policy Department of State Washington o c 20520 Matters presented in such a letter would be given prompt and complete consideration Sincerely Barbara Ennis Director Freedom of Information Staff Bureau of Public Affaira Attachment Department of State Freedom of Information Regulations ' ·· • • ' DEC IFIED lL 79i -5Ca uthority ·»ras1111 gton Star 10 _ Tl1e _____ ___ 225 Virg inia Avenue S E Washing ton D C 20061 5 January 16 1976 ACTfOI'J Dr Henry A Kissinger Secretary of State State Department Washington D C 20520 Dear Dr Kissinger This is a request under the Freedom of Information Act for all transcripts and summaries now in files of the Department of State of your telephone conversations with President Richard M Nixon It is my understanding that these transcripts and summaries are now in the custody of Mr Lawrence Eagleburger This is of current news interest so please reply as soon as possible This is in the public interest so I request that the documents be provided without charge l6'urs tr_uly ¾____ L A Norman Kempster ' ·' · - • I i - DECLASSIFIED J fu fY5 5' z_ Authority § 2107 Material acccptPd for de posit Vhen the Admlnlstrat-or of General Services coni lders it to be in the public interest he may accept for deposit-Cl the p apers and other hlstorlcnl materials of a President or former President of the United States or other offie nl or former official of the G overnment and other papers rc atu1g to and contemporary vdth a President or former Presid ent of the United Stat es subject to restriction agreeable to the Administrator ns to ·their u c a nd 2 dccumcnts includlni motion-picture films still pict•lres nnd sound recordings from prh·ate sources that are appropriate for prescn·atton by the Government as C idence of its organization functions poltcies decisions procedures and transactions Pub L 90-620 Oct 22 l JGS 8 Stat 1288 ---- DECLASSIFIED Authority J v %_ • --- _§2103 Acceptance of records for hii torical preservat ion When ft appears to the Administrator of General Servlc 's to be Jn the pucllc mterest he may 1 '11 ccept for dcp i1 Jt with the National Ar✓ chives or the Un tcd States Lhe records or a Federal a l' ncy or of the Coni rrs determined by the Archivl t or the Urute d St lles to have sufficient historical or other value to warrant their contmued Pr 'scrvr tion by th United States Go 'ernment 2 direct nnd cITe t the tranJfer to the National rehires cf the United States of records of a Federal agency that hn ·e been in cxlslence for more than fifty y 'a rs ind determined by the Archlvlst cf the United St ites to have sufficient hist orical or other rnluc to warrant their continued preser vation by the United St itcs Gorernment unless the head of the agency which has c-ustody of thC'm ce t1fics 1 wnlmg to the Acl mnlstrator that they mu5t be rcrnrr rd In lus custody or use in t he conduct of the regular current business of the ar ency 3 direct and effect with the appro 'al of the h ead of the ori inat ng agency or U the existence of t he agency 11 i been terminated then with the approral of his successor in function r any thr t ransfer of records deposited or ap mived for deposit with the Nat10nal Archives of the United States to public or education il institutions or associations title to the re ords to rcm iin vested m t he United Slates unless othennse authorized by Congress and 4 transfer materials from private sources nuthorlze I to be l ecen·cd by the Administrator by section 310G of tlus title Pub L 90-620 Oct 2 l lG8 82 Stat 1287 · § 2104 Responsibility for custody 11st' and withdrawal of records The Administrator of General Services shall be responsible or the custody USC' and · nthdr 1 1al o records transferred to him When records the u of wh ch Is subject t st itutory lirmtati ms 2ml tc ti 1ctlons are so transferred p rm1ssl e and restricttre statut ry pro '1sions with re1-pcct to the examrn - t10n and u e of records appltcable to the head cf t ie ni c11cy from which the rc' conls ·er tran cn d c to employees of that nccncy nre applicab e t t H• Administrator the Archinst of the United St ltcs and to the employees of thC' General Sern e Ar mmlstrat1on res iectirely When the head of •1 accncy states in r t ng re 11 ictions that ap e ir t ' l him t-0 be necei sary or dei irabl ' in the pi bl c 1atercst on the use or exam n lt1on of records b i c-onsidt r 'd for transfer from his cu sto1y to tl•c minlstrator the Admlnlstratc- r shall imp se t c re- ✓ strlctions on the records so tr rnsicrred and mny llOLf remove or r 'lax the rest1ictions without the co1 11r-l rence In 1 ltmrr of the head of the _ai e c-y t rC't which the material was tran ferrcd or of his t cccs-1 sor In func-tion if any Statuto -y ar d otht r resrnc-l Doris referred to in this s ction shall remain m force until the recordc ha ·e been In existence for fiftr Ytars unless the Administrator by c der d1 tc · 11m s as to spccl ic bodies o records that the rcsc 1u10ns s lall r emain in force for a lo C'r period Rr- t -1clio11 on the use or examination of records depositl' i • -i il the National Arch1 'es of the United States 1 1 Mc by section 3 of t he National Arclu 'es Act ap -rnh'd June 19 1934 shail continue 111 force re ardk s of the expiration o the tenure o o mce or the o n 1 who imposed them but may be removed or I r i NI by the Adminl trator with the cor c-urrencl' 1 •n tJnir o the h e tcl of the agC'ncy from which matl·L i was transferred or of h is succc sor in fum· 1 1 1 1f any Pub L 90- 20 Oct 22 1 168 8 Stat 1 ss 1 1 -1 • • - J 210 Acceptanu of rrcords for historical preservation When It appears to the Admmistrnlor of General Services to be In the pucllc mterest he may 1 1tccept for dep lsit with the National Ar✓ chlvcs of the Un' t cd States the records o a Federal agency or of the Coni rrs s determined by the Archivbt o the Umtrd St Hes to have sufficient his• torlcal or other vnlue to wnrrant their contm 1ed prescrv ltion by th United States Go ·ernment 2 direct and dk t the tran er to the National Archi es c the United States of records of a Federal age 1cy that have been in existence for more than fifty yea rs md determined by the Archivist cf the United St ttcs to have sufficient historical or other rnluc to warrant thcJr continued preservation by the Umted St ttcs Gorernment unless the head of the a ency which hns custody of them ce t1fics l wntmg lo the t dmmlstrntor that they mu t be rct 11r rd In his custody for use in the conduct of the regular current business o the ar ency 3 direct 3nd e Tcct with the apprornl of the head o the orl foat ng agenr y or U the existence o the agency hn been terminated then ith the appro aJ of his successor in function if any thr transfer of records deposited or ap -irovcd for deposit with the - rational Archl ·es of the United States to public or cducat1on il institutions or associations title to the rc orcis to rcm iin vested m the United States unless otherwise authorized by Congress and 4 transfer materials from p ivatc sources aut horized to be 1ccc1 'Cd by the J dministrntor by section 310G of this title Pub L 90-620 Oct 2 19GB 82 Stat l 87 l § 210 Rcspon ibility for custody use md witl dr i wnl of records The Administrator o General Services shall be re sponsible or the cust ody usc and withdr rn 1 o records transferred to him ' ' hen records the u c o wh ch is subject to s t ttutory Junna ti m s and I e t 1ctions are so transferred p rn11ss1ve and 1estr1 t H· statut ' lry pro ·1s1ons with re pcct to the exam111 it11 'l and use of records applicable to the head c the agency from which the rt corcls were tran ferra er to employees of that agency nre applic ' b e t i t 1c Administrator the Archivist of the United S t n s and to the cmployeE s of the- General Services Artmmlstrauon respectively Whcn the head of - 11 agency states Ill wr t 1g re t1ict1ons that np ic'lr l 1 him to be necel'snry or dc irable in the p l bl c in terest on the use or examln - tion o records b i1 consldPrcd for transfer from h is custody to thl mlnlstrator the Admlnlsnator sho 11 imp se t c re- strictions on the records so tr rnsierred and 1 1ay 1 0t rcmo ·e or relax the restrictions without the c mrllr-1 rence in wlitmrr o the head of thr _ ii enc · irc-1 which the material was tran ferred or of his s t cces•t sor In function i ony Stalt tory and other r c rncOonsrefcrred to in this s ction shall remain m force until the record have been in existence for fiftr years unless the Administrator by order det 'r 1111 ' as to spcci lc bodies of records th3t the rcs 1• t1ors s mll r emain in force for a Jon rr period Hr t 1ct 1 11 on the use or examination of records depositr i • 1 11 the Nationn l Archives of the United Stn tcs 1m n cc by section 3 o the Nnt1onn l Archives Act ap -rmc' d June 19 1934 shail contumc m force rcl n rdh' 5 of the expiration of the tenure of o Ticc of the- 0 c- 1 who Imposed them but may be removed or I r v I by t he Adminl$lr ttor with the concurrcnct• 1 • n tin ' o the hc td of the agency from w uch matl·r ti wa s t ransferred or o his uccc sor in funl 1 1 1 1f any f'ub L 90 20 Oct 22 l l68 8 Stat l SS l J ' c - DECLASSIFIED Authority i D y95 5Ca_