establishment of study commission

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: “§ 3315. Definitions “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 Commissioner to, the Congress of the United States, or any officer of the executive, judicial, or legislative branch of the Federal Government; 88 Stat. 1699 “(2) the term ‘Commission’ means the National Study Commission on Records and Documents of Federal Officials; and “(3) the term ‘records and documents’ shall include handwritten 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 “There is established a commission to be known as the National Study Commission on Records and Documents of Federal Officials. “§ 3317. Duties of Commission “It shall be the duty of the Commission to study problems and 44 USC 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 recommendations and other recommendations regarding appropriate rules and procedures with respect to such control, disposition, and preservation. 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 documents 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 communications 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 Commission considers relevant to carrying out its duties under section 3315 through section 3324 of this title. “§ 3318. Membership “(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 88 Stat. 1700by 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 majority leader of the Senate; “(D) one Member of the Senate appointed by the President pro tempore of the 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 President 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; “(H) 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 two members appointed under paragraph (1) (G) may be of the same political party. “(b) A vacancy in the Commission shall lie 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 who 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. “(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 Commission shall be allowed travel expenses in the same manner as persons employed intermittently in the service of the Federal Government are allowed expenses under section 5703(b) of title 5, United States Code, except that per diem in lieu of subsistence shall be 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. 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 “(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 additional 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 GS-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 personnel 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 “(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 Commission 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 “(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 Commission on a reimbursable basis such technical and expert advice, consultation, and support assistance as the Commission may request. “§ 3322. Report “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 shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation, administrative actions, and other actions, as it deems appropriate. “§ 3323. Termination “The Commission shall cease to exist sixty days after transmitting its report under section 3322 of this title. “§ 3324. Authorization of appropriations “There is authorized to be appropriated such sums as may be necessary to carry out section 3315 through section 3324 of this title.”.