privileges of, or other protection provided to, George Bush by the Constitution of the United States, statute, or other law.
2. George Bush reserves the right to intervene in any lawsuit or other matter concerning the materials.
3. This agreement is subject to Executive Order 12356 of April 2, 1982, any successor executive order, and any other applicable law governing classified information.
4. Nothing in this Agreement shall be Construed as extinguishing, or Conferring, any rights of any person under the Freedom of Information Act, 5 U.S.C. 552 et seq.
5. Nothing in this Agreement shall be construed as disputing, or conceding, that any materials or information subject to this Agreement constitute "federal records" for purposes of the Federal Records Act, 44 U.S.C. 3301, or as in any way suggesting that any materials listed in Schedule C are subject to any injunction entered to date in the lawsuit.
6. During the pendency of the investigation by the independent counsel established by order of the Special Division of the U.S Court of Appeals for the District of Columbia Circuit in matter No. PN 92-5, the agreement attached as Schedule D shall govern the retention of and access to the materials, and shall supersede any provision of this agreement to the extent of any inconsistency.
VI. Additional Definitions
1. "Presidential information" means information, contained on the materials, that was created or received by the President, any individual or unit in the Executive Office of the President (including, but not limited to, all staff of the White House Office and the Office of Policy Development) whose sole function is to advise and assist the President, and/or the NSC staff in their functions as advisers and assistants to the President.
2. "Agency information" means information contained on the materials that was created or received by officials or employees of federal agencies within the Executive Office of the President in the course of performing their functions and work on behalf of their agencies.
3. "Originating agency" means the agency within the Executive Office of the President that created particular information contained on the materials.
Signed this 20 day of January, 1993, at Washington, D.C.
William F. Sittmann
National Security Council
Don W. Wilson
Archivist of the United States
Phillip D. Larsen
Office of Administration
Materials currently in the custody of the National Security Council (NSC) to be transferred to the Archivist:
1. all Bush Administration NSC WHCA PROFS and WHCA VAX A-1 systems backup tapes in existence as of 12:00 p.m. on January 20, 1993;
2. all Bush Administration NSC WHSSS system backup tapes in existence as of 12:00 p.m. on January 20, 1993; and
3. all Bush Administration White House Situation Room "live" Computer and Communications systems backup tapes in existence as of 12:00 p.m. on January 20, 1993;
4. hard disks used in NSC staff personal computers at individual staff workstations during the Bush Administration and accompanying computer equipment.
Materials Currently in the Custody of the Office of Administration (OA) to be transferred to the Archivist:
all OA All-In-One on OASIS backup tapes existing as of 12:00 p.m. on January 20, 1993.
Materials Currently in the Custody of NSC and OA, and not subject to any injunction in the lawsuit:
hard disks used by personnel of the White House Office and the Office of Policy Development during the Bush Administration;