Page:United States Statutes at Large Volume 88 Part 2.djvu/380

 1696

PUBLIC LAW 93-526-DEC. 19, 1974

[88 STAT.

AVAILABILITY OF C F: R T A I N P R E S I D E N T I A L MATERIALS

44 USC 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 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 Administrator 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 Administrator shall issue pursuant to section 103. REGULATIONS TO PROTECT CERTAIN TAPE RECORDINGS AND OTHER MATERIALS

^ 44 USC 2107

gjjQ_ ]^Q3_ '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 metropolitan area, except as may otherwise be necessary to carry out the provisions of this title. REGUI^TIONS RELATING TO PUBLIC ACCESS

Report to 44 USC 2107 "°^^'

gj,^. ]^Q^^ /g^\ -jij^g Admiuistrator shall, within ninety days after the 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 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;

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