Presidential Recordings Preservation Act
PL 93-526 (S.4016), enacted 12/19/1974

88 STAT. ] 
PUBLIC LAW 93-526-DEC. 19, 1974 
1695 
Public Law 93-525 
AN AC'J' 
December 18,1974 
To amend title 10, United States Code, by repealing the requirement that only 
[S. 3906] 
certain officers with aeronautical ratings may command flying units of the 
Air Force. 
Be it enacted by the Senate a)id HouHe of Representatives 
of the 
United States of America in Cong/ess assembled^ That title 10, United 
Armed Forces. 
States Code, is amended by repealing- section 8577 (relating to the fiyin^unus.° 
command of flying units of the Air Force) and by striking out the 
corresponding item in the analysis of chapter 845. 
Approved December 18, 1974. 
Public Law 93-526 
AN ACT 
December 19, 1974 
To protect and preserve tape recordings of conversations involving former 
[s. 4016] 
President Richard M. Nixon and made during his tenure as President, and 
for other purposes. 
TITLE I—PRESERVATION OF PRESIDENTIAL 
RECORDINGS AND MATERIALS 
DELI^ ERY AND RETENTION OF CPJRTAIN rRESIDENTIAI. MATERIALS 
SEC. 101. (a) Notwithstanding any other law or any agreement or 
understanding made pursuant to section 2107 of title 44, United States 
Code, any Federal employee in possession shall deliver, and the Admin-
istrator of General Services (hereinafter in this title referred to as the 
"Administrator'") 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 indi-
viduals 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 Washing-
ton, District of Columbia; Camp David, Maryland; Key Biscayne, 
Florida: or San Clemente, California; and 
(3) were recorded during the pei'iod beginning Januai'y 20, 
1969, and ending August 9,1974. 
(b) (1) Notwithstanding any other law or any agreement or under-
standing made pursuant to section 2107 of title 44, United States 
Code, the Administrator shall receive, retain, or make reasonable 
efforts to obtain, complete possession and control of all papers, docu-
ments, memorandums, transcripts, and other objects and materials 
Avhich constitute the Presidential historical materials of Richard M. 
Nixon, covering the period beginning Januarv 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, Ignited States 
Code. 
^ 
ervation Act. 
44 use 2107 
note. 
44 use 2107 
note. 
"Historical 
materials." 
1696 
PUBLIC LAW 93-526-DEC. 19, 1974 
[88 STAT. 
AVAILABILITY OF C F : R T A I N PRESIDENTIAL MATERIALS 
44 use 2107 
gj,(.^ iQ<2^ (^a) None of the tape recordiii<xs 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 2107 
of title 44, United States Code, the tape recordings and other materials 
referred to in section 101 shall, immediately upon the date of enact-
ment 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 sub-
pena 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 regula-
tions which the Administrator shall issue pursuant to section 103. 
(d) Any agency or department in the executive branch of the Fed-
eral 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 Administrator shall issue 
pursuant to section 103. 
REGULATIONS T
O PROTECT CERTAIN TAPE RECORDINGS AND OTHER 
MATERIALS 
^ 44 use 2107 
gjjQ_ ]
^
Q
3
_ 'Y\IQ Aduiiuistrator 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. Custody of such recordings and materials 
shall be maintained in Washington. District of Columbia, or its metro-
politan area, except as may otherwise be necessaiy to carry out the 
provisions of this title. 
REGUI^TIONS RELATING T
O PUBLIC ACCESS 
Report to 
gj,^. ]
^
Q
^
^ /g^\ -jij^g Admiuistrator shall, within ninety days after the 
44 use 2107 
date of enactment of this title, 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 pro-
ceedings, 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; 
88 STAT. ] 
PUBLIC LAW 93-526-DEC. 19, 1974 
1697 
(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) (1) The regulations proposed by the Administrator in the report 
required by subsection (a) shall take effect upon the expiration of 
ninety legislative days after the submission of such report, unless such 
regulations are disapproved by a resolution adopted by either House 
of the Congress during such period. 
(2) The Administrator may not issue any regulation or make any 
change in a regulation if such regulation or change is disapproved by 
either House of the Congress under this subsection. 
(3) The provisions of this subsection shall apply to any change in 
the regulations proposed by the Administrator in the report required 
by subsection (a). Any proposed change shall take into account the 
factors described in paragraph (1) through paragraph (7) of sub-
section (a), and such proposed change shall be submitted by the 
Administrator in the same manner as the report required by subsec-
tion (a). 
(4) Paragraph (5) is enacted by the Congress— 
(A) as an exercise of the rulemaking power of the Senate and 
the House of Representatives, respectively, and as such it shall be 
considered as part of the rules of each House, respectively, and 
such rules shall supersede other rules only to the extent that they 
are inconsistent therewith; and 
(B) with full recognition of the constitutional right of either 
House to change such rules (as far as relating to the procedures 
of that House) at any time, in the same manner, and to the same 
extent as in the case of any other rule of that House. 
(5) (A) Any resolution introduced under paragraph (1) shall be 
referred to a committee by the Speaker of the House or by the Presi-
dent of the Senate, as the case may be. 
(B) If the committee to which any such resolution is I'eferred has 
not reported any resolution relating to any regulation or change pro-
posed by the Administrator under this section before the expiration of 
sixty calendar days after the submission of any such proposed regu-
lation or change, it shall then be in order to move to discharge the 
committee from further consideration of such resolution. 
(C) Such motion may be made only by a person favoring the reso-
lution, and such motion shall be privileged. An amendment to such 
motion is not in order, and it is not in order to move to reconsider the 
vote by which such motion is agreed to or disagreed to. 
(D) If the motion to discharge is agreed to or disagreed to, such 
motion may not be renewed. 
(E) When the committee has reported, or has been discharged from 
further consideration of, a resolution introduced under paragraph 
(1), it shall at any time thereafter be in order (even though a previous 
motion to the same effect has been disagreed to) to move to proceed to 
the consideration of such resolution. Such motion shall be privileged. 
An amendment to such motion is not in order, and it is not in order 
to move to reconsider the vote by which such motion is agreed to or 
disagreed to. 
(6) For purposes of this subsection, the term "legislative days" jay^lf'^^^*'''^ 
does not include any calendar day on which both Houses of the Con-
gress are not in session. 
1698 
PUBLIC LAW 93-526-DEC. 19, 1974 
[88 STAT. 
(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 Infor-
mation Act, 5 U.S.C. § 552 et seq. 
JUDICIAL REVIEW 
j^4 use 2107 
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 con-
trol 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. 
Separability. 
^|^^ If, vmdcr the pi'ocedures cstablislied by subscctiou (a), a judi-
cial 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. 
Compensation. 
^^^ jf ^ |^j^j^j decisiou 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. 
Public Docu. 
TITLE II—PUBLIC DOCUMENTS COMMISSION 
ments Act. 
SHORT TITLE 
44 use 3315 
gj,(^_ 201. This title may be cited as the "Public Documents Act". 
ESTABLISHMENT OF STUDY COMMISSION 
SEC. 202. Chapter 33 of title 44, United States Code, is amended by 
adding at the end thereof the following new sections: 
44 use 3315 
«§ 3315, Definitions 
Post, 
pp. 1699, 
" 
1701. 
"For purposes of this section and section 3316 through section 3324 
of this title— 
"(1) the term 'Federal official' means any individual holding 
the office of President or Vice President of the United States, or 
Senator or Representative in, or Delegate or Resident Commis-
sioner to, the Congress of the United States, or any officer of the 
executive, judicial, 
or 
legislative 
branch 
of 
the 
Federal 
Government; 
note 
44 
use 1901. 
44 
use 2101, 
2108. 
88 STAT. ] 
PUBLIC LAW 93-526-DEC. 19, 1974 
' 
1699 
"(2) the term 'Commission' means the National Study Com-
mission on Records and Documents of Federal Officials j and 
"(3) the term 'records and documents' shall include hand-
written and typewritten documents, motion pictures, television 
tapes and recordings, magnetic tapes, automated data processing 
documentation in various forms, and other records that reveal the 
history of the Nation. 
"§ 3316. Establishment of Commission 
'
»
'
» "^^ 3^^^-
"There is established a commission to be known as the National C(^mi°s"lon*on^ 
Study Commission on Records and Documents of Federal Officials. 
Records and 
Documents of 
"§ 3317. Duties of Commission 
Federal or-
"It shall be the duty of the Commission to study problems and ^44°use 3317. 
questions with respect to the control, disposition, and preservation of 
records and documents produced by or on behalf of Federal officials, 
with a view toward the development of appropriate legislative recom-
mendations and other recommendations regarding appropriate rules 
and procedures with respect to such control, disposition, and preserva-
tion. Such study shall include consideration of— 
"(1) whether the historical practice regarding the records and 
documents produced by or on behalf of Presidents of the United 
States should be rejected or accepted and whether such practice 
should be made applicable with respect to all Federal officials; 
"(2) the relationship of the findings of the Commission to the 
provisions of chapter 19 of this title, section 2101 through section 
2108 of this title, and other Federal laws relating to the control, 
disposition, and preservation of records and documents of Federal 
officials; 
"(3) whether the findings of the Commission should affect the 
control, disposition, and preservation of records and documents 
of agencies within the Executive Office of the President created 
for short-term purposes by the President; 
"(4) the recordkeeping procedures of the White House Office, 
with a view toward establishing means to determine which records 
and documents are produced by or on behalf of the President; 
"(5) the nature of rules and procedures which should apply 
to the control, disposition, and preservation of records and docu-
ments produced by Presidential task forces, commissions, and 
boards; 
"(6) criteria which may be used generally in determining the 
scope of materials which should be considered to be the records 
and documents of Members of the Congress; 
"(7) the privacy interests of individuals whose communica-
tions with Federal officials, and with task forces, commissions, 
and boards, are a part of the records and documents produced by 
such officials, task forces, commissions, and boards; and 
"(8) any other problems, questions, or issues which the Com-
mission considers relevant to carrying out its duties under sec-
tion 3315 through section 3324 of this title. 
"§ 3318. Membership 
^^ use sais. 
"(a) (1) The Commission shall be composed of seventeen members 
as follows: 
"(A) one Member of the House of Representatives appointed 
by the Speaker of the House upon recommendation made by the 
majority leader of the House; 
(B) one Member of the House of Representatives appointed 
1700 
• 
PUBLIC LAW 93-526-DEC. 19, 1974 
[88 STAT. 
by the Speaker of the House upon recommendation made by the 
minority leader of the House; 
"(C) one Member of the Senate appointed by the President pro 
tempore of the Senate upon recommendation made by the major-
ity leader of tlie Senate; 
"(D) one Member of the Senate appointed by the President 
pro tempore of tlie Senate upon recommendation made by the 
minority leader of the Senate; 
"(E) one Justice of the Supreme Court, appointed by the Chief 
Justice of the United States; 
"(F) one person employed by the Executive Office of the Presi-
dent or the White House Office, appointed by the President; 
"(G) three appointed by the President, by and with the advice 
and consent of the Senate, from persons who are not officers or 
employees of any government and who are specially qualified to 
serve on the Commission by virtue of their education, training, or 
experience; 
" (PI) one representative of the Department of State, appointed 
by the Secretary of State; 
"(I) one representative 
of 
the 
Department 
of 
Defense, 
appointed by the Secretary of Defense; 
"(J) one representative 
of 
the 
Department 
of 
Justice, 
appointed by the Attorney General; 
"(K) the Administrator of General Services (or his delegate); 
"(L) the Librarian of Congress; 
"(M) one member of the American Historical Association,, 
appointed by the counsel of such Association; 
"(N) one member of the Society of American Archivists, 
appointed by such Society; and 
" (O) one member of the Organization of American Historians, 
appointed by such Organization. 
"(2) No more than tw^o members appointed under paragraph (1) 
(G) may be of the same political party. 
Vacancies, 
^^(h) A vacaucy in the Commission shall be filled in the manner in 
which the original appointment was made. 
"(c) If any member of the Commission who was appointed to the 
Commission as a Member of the Congress leave such office, or if any 
member of the Commission wdio was appointed from persons who 
are not officers or employees of any government becomes an officer 
or employee of a government, he may continue as a member of the 
Commission for no longer than the sixty-day period beginning on 
the date he leaves such office or becomes such an officer or employee, 
as the case may be. 
"(d) Members shall be appointed for the life of the Commission. 
Compensation. 
"(e)(1) Members of the Commission shall serve without pay. 
"(2) While away from their homes or regular places of business in 
the performance of services for the Commission, members of the Com-
mision shall be allowed travel expenses in the same manner as persons 
employed intermittently in the service of the Federal Government pi-e 
allowed expenses under section 5703(b) of title 5, United States Code, 
except that per diem in lieu of subsistence shall he, paid only to those 
members of the Commission who are not full-time officers or employees 
of the United States or Members of the Congress. 
"(f) The Chairman of the Commission shall be designated by the 
President from among members appointed under subsection (a) (1) 
(G). 
88 STAT. ] 
PUBLIC LAW 93-526-DEC. 19, 1974 
1701 
"(g) The Commission shall meet at the call of the Chairman or a 
majority of its members. 
"§ 3319. Director and staff; experts and consultants 
44 use 3319. 
" (a) The Commision shall appoint a Director who shall be paid at a 
rate not to exceed the rate of basic pay in effect for level V of the 
Executive Schedule (5 U.S.C. 5316). 
"(b) The Commission may appoint and fix the pay of such addi-
tional personnel as it deems necessary. 
"(c) (1) The Commission may procure temporary and intermittent 
services to the same extent as is authorized by section 3109(b) of title 
5, United States Code, but at rates for individuals not to exceed the 
daily equivalent of the annual rate of basic pay in effect for grade 
G8-15 of the General Schedule (5 U.S.C. 5332). 
"(2) In procuring services under this subsection, the Commission 
shall seek to obtain the advice and assistance of constitutional scholars 
and members of the historical, archival, and journalistic professions. 
"(d) Upon request of the Commission, the head of any Federal 
agency is authorized to detail, on a reimbursable basis, any of the per-
sonnel of such agency to the Commission to assist it in carrying out 
its duties under sections 3315 through 3324 of this title. 
"§ 3320. Powers of Commission 
^^ use 3320. 
" (a) The Commission may, for the purpose of carrying out its duties 
under sections 3315 through 3324 of this title, hold such hearings, sit 
and act at such times and places, take such testimony, and receive such 
evidence, as the Commission may deem desirable. 
"(b) When so authorized by the Commission, any member or agent 
of the Commission may take any action which the Commission is 
authorized to take by this section. 
"(c) The Commission may secure directly from any department or 
agency of the United States information necessary to enable the Com-
mission to carry out its duties under section 3315 through section 3324 
of this title. Upon request of the Chairman of the Commission, the 
head of such department or agency shall furnish such information to 
the Commission. 
"§ 3321. Support services 
^^ "se 3321. 
"(a) The ^Administrator of General Services shall provide to the 
Commission on a reimbursable basis such administrative support 
services and assistance as the Commission may request. 
"(b) The Archivist of the United States shall provide to the Com-
mission on a reimbursable basis such technical and expert advice, con-
sultation, and support assistance as the Commission may request. 
**§3322. Report 
44 use 3322. 
"The Commission shall transmit to the President and to each House 
Report to 
of the Congress a report not later than March 31, 1976. Such report congres". ^" 
shall contain a detailed statement of the findings and conclusions of 
the Commission, together with its recommendations for such legisla-
tion, administrative actions, and other actions, as it deems appropriate. 
"§3323. Termination 
^^ use 3323. 
"The Commission shall cease to exist sixty days after transmitting 
its report under section 3322 of this title. 
*
*
§ 3324. Authorization of appropriations 
44 use 3324. 
"There is authorized to be appropriated such sums as may be neces-
sary to carry out section 3315 through section 3324 of this title.". 
38-194 O - 76 - 25 Pt. 2 
1702 
PUBLIC LAW 93-527-DEC. 21, 1974 
[88 STAT. 
TECHNICAL 
AMENDMENT 
SEC. 203. The table of sections for chapter 33 of title 44, United 
States Code, is amended by adding at the end thereof the following 
new items: 
"3315. Definitions. 
"8316. Establishment of Commission. 
"3317. Duties of Commission. 
"3318. Membership. 
"3319. Director and stafE; experts and consultants. 
"3320. Powers of Commission. 
"3321. Support services. 
"3322. Report. 
"3323. Termination. 
"3324. Authorization of appropriations.". 
Approved December 19, 1974. 
Public Law 93-527 
December21, 1974 
[S.4040] 
Veterans and 
Survivors Pen-
sion Adjustment 
Act of 1974. 
38 u s e 521 
note. 
Unmarried vet-
Veterans with 
dependents. 
AN ACT 
To amend title 38 of the United States Code to liberalize the provisions relating 
to payment of disability and death pension and dependency and indemnity 
compensation, to increase income limitations, and for other purposes. 
Be it enacted hy the Senate and House of Repi-esentatives of the 
United States of America in Congress assembled^ That this Act may 
be cited as the "Veterans and Survivors Pension Adjustment Act of 
1974". 
SEC. 2. Section 521 of title 38, United States Code, is amended as 
follows: 
(1) by amending subsection (b) to read as follows: 
"(b) If the veteran is unmarried (or married but not living with and 
not reasonably contributing to the support of his spouse) and has no 
child, pension shall be paid according to the following formula: If 
annual income is $300 or less, the monthly rate of pension shall be 
$160. For each $1 of annual income in excess of $300 up to and includ-
ing $500, the monthly rate shall be reduced 3 cents; for each $1 
.annual income in excess of $500 up to and including $900, the monthly 
rate shall be reduced 4 cents; for each $1 of annual income in excess 
of $900 up to and including $1,500, the monthly rate shall be reduced 
5 cents; for each $1 of annual income in excess of $1,500 up to and 
including $1,900, the monthly rate shall be reduced 6 cents; for each 
$1 of annual income in excess of $1,900 up to and including $2,300, the 
monthly rate shall be reduced 7 cents; and for each $1 of annual income 
in excess of $2,300 up to and including $3,000, the monthly rate shall 
be reduced 8 cents; but in no event shall the monthly rate of pension 
be less than $5. No pension shall be paid if annual income exceeds 
$3,000."; 
(2) by amending subsection (c) to read as follows: 
"(c) If the veteran is married and living with or reasonably con-
tributing to the support of his spouse, or has a child or children, 
pension shall be paid according to the following formula: If annual 
income is $500 or less, the monthly rate of pension shall be $172 for 
a veteran and one dependent, $177 for a veteran and two dependents, 
and $182 for three or more dependents. For each $1 of annual income 
in excess of $500 up to and including $700, the monthly rate shall be 
reduced 2 cents; for each $1 of annual income in excess of $700 up to