92D CONGRESS 1ST SESSION S. 1125 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 "§ 307. Availability of information to Congress and the 8 "(a) The Congress declares that information of, or 9 under the custody or control of, any agency of the Govern10 ment is to be made available to the Congress so that the Con Amdt. No. 343 2 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. 15 16 17 18 19 20 21 222 "(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— and "(A) an employee in or under an agency; "(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. "(C) Any information of, or under the custody or con 22 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 subcom25 mittee of any such committee, or the General Accounting 68-287 O 71 - 2 3 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. 7 "(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. 11 12 13 14 "(e) (1) Any information requested by any such committee, subcommittee, or office shall be furnished immedi 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 respect 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 21 222 23 Attorney General or his designee to obtain advice on the question whether to seek invocation of the privilege by the President. 24 "(2) If, after a prompt and thorough consideration, the 25 head of the agency and the Attorney General or his designee 4 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 re9 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, subcommittee, or office requesting the information. 12 13 14 "(3) If the President invokes executive privilege with respect to any information requested, such committee, sub15 committee, or office requesting the information shall be fur16 nished promptly with a statement by the President in writing giving his reasons for invoking executive privilege with respect 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 President, such information shall be made available immediately to the committee, subcommittee, or office requesting that information. "(f) If the General Accounting Office determines that 5 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 com8 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 On page 2, strike out the matter after line 15 and insert 15 in lieu thereof the following: "306. Executive privilege. "307. Availability of information to Congress and the General Accounting 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." |