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IN THE SENATE OF THE UNITED STATES

JULY 29, 1971
Referred to the Committee on the Judiciary and ordered to be printed

AMENDMENTS Intended to be proposed by Mr. FULBRIGHT to S. 1125, a bill

to amend title 5, United States Code, with regard to the exercise of executive privilege, viz:

1

On page 1, line 4, strike out "section" and insert in lieu

2 thereof "sections”. 3 On page 2, line 13, strike out the quotation marks and 4 the second period. 5 On page 2, between lines 13 and 14, insert the following: 6 “8 307. Availability of information to Congress and the 7 General Accounting Office 8 “(a) The Congress declares that information of, or 9 under the custody or control of, any agency of the Govern

ment is to be made available to the Congress so that the Con

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1 gress may exercise, in an informed manner, the authority

2 conferred upon it by article I of the Constitution to make 3 laws necessary and proper to carry into execution the powers 4 vested in the Congress and all other powers vested in that 5 Government or any department or officer thereof.

“(b) For the purpose of this section-
" (1) "agency' means

“(A) an executive agency;
“(B) a military department; and
“(C) the government of the District of

Columbia;
"(2) ‘employee' means

(A) an employee in or under an agency;

and

“(B) a member of the uniformed services; “(3) 'Government means the Government of the United States and the government of the District of Columbia; and

“(4) 'information' includes any information, paper,

record, report, or document. 21 “(C) Any information of, or under the custody or con22 trol of, any agency or employee of that agency shall be 23 made available to any joint committee of the Congress, any

24 committee of either House of the Congress, any subcom

23 mittee of any such committee, or the General Accounting

68-287 0.71 - 2

1 Office, upon request of any such committee, subcommittee, 2 or office for information relating to matters within the juris

3 diction of the committee, subcommittee, or office making the

4 request, unless executive privilege is invoked with respect 5 to that information and is invoked in accordance with this 6 section.

“(d) Executive privilege shall be invoked with respect 8 to any information so requested only if the President signs 9 a statement invoking such privilege with respect to that 10 information requested.

“(e) (1) Any information requested by any such com12 mittee, subcommittee, or office shall be furnished immedi13 ately unless the head of the agency which receives the

request determines, as soon as practicable after receiving the

15

request, that the information requested is information with

16 respeot to which the head of the agency believes there are

17 compelling circumstances for invoking executive privilege. 18 If the head of the agency so determines, he shall immedi

19 ately inform the committee, subcommittee, or office request20 ing the information of his belief and shall consult with the

Attorney General or his designee to obtain advice on the 22 question whether to seek invocation of the privilege by the 23 President.

“(2) If, after a prompt and thorough consideration, the

head of the agency and the Attorney General or his designee

1 agree that compelling circumstances do not exist for invoking

2 executive privilege, the information requested shall be made

3 available immediately to the committee, subcommittee, or 4 office requesting that information. If the head of the agency 5 and the Attorney General or his designee believe that com6 pelling circumstances exist for invoking executive privilege, 7 they shall recommend to the President in writing that the

8

privilege be invoked. If thirty days after an agency has re

9 ceived a request for information, no such recommendation 10 has been transmitted to the President, such information shall

11 be made available immediately to the committee, subcommit12 tee, or office requesting the information. 13 “(3) If the President invokes executive privilege with 14 respect to any information requested, such committee, sub15 committee, or office requesting the information shall be fur

nished promptly with a statement by the President in writing

giving his reasons for invoking executive privilege with re

spect to the information so requested. If the President does

not invoke executive privilege with respect to information so

requested within thirty days after a recommendation seeking

invocation of the privilege has been transmitted to the Presi22 dent, such information shall be made available immediately 23 to the committee, subcommittee, or office requesting that

information.

“ (f) If the General Accounting Office determines that 1 any information requested of an agency by any such com2 mittee, subcommittee, or office has not been made available 3 within a period of sixty days after the request has been 4 received by that agency, and if during such period the

5

President has not signed a statement invoking executive

6

privilege with respect to that information, no funds made

7 available to that agency shall be obligated or expended com

8 mencing on the seventieth day after such request is received 9 by such agency or employee of that agency, unless and until 10 such information is made available or the President invokes 11 executive privilege with respect to such information.” 12 On page 2, line 15, strike out "item” and insert in lieu

13 thereof "items".

14 15

On page 2, strike out the matter after line 15 and insert in lieu thereof the following:

“306. Executive privilege.
“307. Availability of information to Congress and the General Account-

ing Office."

Amend the title so as to read: “A bill to amend title 5, United States Code, with regard to the exercise of the executive privilege and with regard to the availability of information to the Congress and the General Accounting Office.”

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