APPENDIX The following list of significant Senate records at the National Archives was prepared in 1958 at the request of the Special Committee on Senate Memorabilia. It is representative of numerous documents in the Senate's collection of interest and research value. 1. Inaugural address of George Washington. April 30, 1789. 2. Copy of John Langdon's letter to George Washington notifying him of his election. April 6, 1789. 3. Report of committee to consider under what title the Senate shall address the President. May 11, 1789. 4. Resolutions of the mayor, aldermen, and commonalty of the city of New York, tendering to Congress the use of the city hall. April 6, 1789. 5. Messages of the President of September 11, 24, and 25, 1789, and nominations for the Department of the Treasury, for the Department of War, for the Secretary of State, for the Attorney General, for Postmaster General, for the Supreme Court, and for judges and marshals. 6. Message of the President communicating a report from the Secretary of State relative to American citizens held as prisoners in Algiers. December 30, 1790. 7. Rough drafts of proposed amendments to the Constitution. 1789 (Bill of Rights). 8. Messages of the President transmitting acts of State legislatures, ratifying the articles of amendments to the Constitution proposed by Congress to the legislatures of the several States. 1790. 9. Electoral votes and credentials of Senators. 1789. 10. Inaugural address of John Adams. March 4, 1797. 11. Message of the President announcing the death of George Washington. December 19, 1799. 12. Motions and resolutions of the Senate regarding the death of George Washington, also the expenses of the funeral. 1799. 13. Reply of President John Adams to the address of the Senate on the death of General George Washington. December 23, 1799. 14. Message of the President enclosing a letter of Mrs. Martha Washington relative to resolutions of the Senate, on the death of George Washington. January 8, 1800. 15. Address of Vice President Jefferson to the Senate in retiring from the chair of the Senate. February 28, 1801. 16. Annual message of President Thomas Jefferson. December 8, 1801. 17. Message of President Jefferson to the Senate, nominating Livingston and Monroe as ministers plenipotentiary to arrange for the purchase of New Orleans. January 11, 1803. 18. Messages of President Jefferson of October 17 and 21, 1803, January 16, 1804, and copies of the treaty and conventions of April 30, 1803, between the United States and France, providing for the cession of Louisiana to the United States. 19. Message of President Madison recommending a repeal of the embargo and nonimportation laws. March 31, 1814. 20. Message of President Madison recommending a declaration of war by the United States against the Dey and Regency of Algiers. February 23, 1815. 21. Annual message of President Monroe. December 2, 1823 (Monroe Doctrine). 22. Message of President Lincoln recommending the adoption of a joint resolution by Congress in relation to the gradual emancipation of slaves. March 7, 1862. 23. Annual messages of President Lincoln. December 1, 1862, December 9, 1863, and December 6, 1864. 24. Letters of President Wilson of July 25 and August 8, 1919, to the chairman of the Senate Committee on Foreign Relations relative to the treaty with Germany, also a letter of July 11, 1918, regarding independence of Poland. 25. Impeachment records of the following persons: 1. William Blount, Fifth Congress, 1798-99. 2. John Pickering, Eighth Congress, 1803-04. 3. Samuel Chase, Eighth Congress, 1804-05. 4. James Peck, Twenty-first Congress, 1830-31. 5. William H. Humphreys, Thirty-seventh Congress, 1862. 6. President Andrew Johnson, Fortieth Congress, 1868. 7. W. W. Belknap, Forty-fourth Congress, 1876. 8. Robert W. Archibald, Sixty-second Congress, 1912-13. 9. George F. English, Sixty-ninth Congress, 1926. 10. Harold Lauderback, Seventy-third Congress, 1933. EXHIBIT 9-3 FINAL REPORT OF THE NATIONAL STUDY COMMISSION ON RECORDS AND March 31,1977 V. THE CONGRESS For the purposes of the following recommendations, documentary materials produced or received by Congress or by individual Members and their staffs should be divided into three categories: (A) Federal records, (B) Public Papers of Members, and (C) Personal papers. A. FEDERAL RECORDS Recommendation 14: The Federal records of Congress shall be its institutional records which include committee, subcommittee, conference committee, and mark-up session transcripts and materials, as well as other papers produced or received by committees in the course of their official duties, and should be preserved in accordance with existing law as well as the rules of the House and Senate. Recommendation 15: All institutional records of Congress should henceforth be subject to the provisions of the Freedom of Information Act and the principles of the Privacy Act. Unpublished records of the Congress now deposited in the National Archives should be made available immediately, except for those materials that fall under the exemptions included in the Freedom of Information and Privacy Acts, which the Archivist of the united States should continue to apply until otherwise directed by the Congress. Comment: The institutional records of Congress are an invaluable source of information about the legislative process, yet the rules concerning access are so varied and inconsistent that the records themselves often go unused. At public hearings and at the Congressional Panel Discussion, the Commission heard testimony which deplored the current practices. The Commission was urged to recommend uniform standards to provide for orderly disposition of Congressional records and to guarantee access to them within a reasonable period of time. Recommendations 14 and 15 would assure that institutional records of the Congress would be preserved and made available to the public in the same manner as the records of the agencies of the Executive branch. This would strengthen the public's interest in and knowledge of the Legislative branch. The Freedom of Information and Privacy Acts, which are deemed adequate to provide safeguards for records of executive agencies, would be extended to the records of Congress. The Commission believes these Acts would protect the Congress against premature disclosure of sensitive materials such as the files of special investigative committees, recent executive sessions, or records which might relate to the financial affairs of Congressmen and their staffs. Recommendation 16: The records of official Congressional administrative offices (Secretary of the Senate, Clerk of the House, Sergeants at Arms, Doorkeeper, Parliamentarian of the House. etc.), housekeeping and support agencies (Architect of the Capitol, Congressional Budget Office, Office of Technology Assessment, etc.), but not party conference and policy cornmittees, should be treated in the same manner as the records of committees. Because of the unique relationship of the Offices of Legislative Counsel to Members and Committees, these records may remain closed for tip to fifteen years after their creation. Comment: The records of official Congressional administrative offices become available on a sporadic basis. Some of these records are completely unavailable, others are in the National Archives, but none is accessible in a predictable manner. This recommendation would rationalize the recordkeeping process for these important offices and would apply the safeguards provided by the Freedom of Information and Privacy Acts. However, Members of Congress and staff members of both the Senate and House of Representatives indicated to the Commission that party conferences and policy committees differ significantly in function from other Congressional committees. Therefore, the Commission feels it would be inappropriate to treat their records in the same manner as those accumulated by other committees. Similarly, because access to the materials accumulated in Offices of Legislative Counsel might impinge upon the confidential relationship between that office and Members and Committees, the Commission believes that these records should also be handled in a manner that accords with their special status. Recommendation 17: A records management program should be instituted for the institutional records of Congress. In addition, the institutional records of Congress should be made subject to those provisions of Federal law which relate to archival administration and records disposition or to comparable regulations. Accordingly, the Archivist of the United States should appraise noncurrent records of the Congress offered for deposit with the National Archives to determine which records have continuing value and he should provide for the orderly transfer of these records to the National Archives. The disposition schedule for the records of Congress should be published in the Congressional Record, and notice of the disposition of specific material should also be published at least sixty days in advance. Comment: Congress, like executive branch agencies, accumulates many papers which do not have enduring administrative or historical value. Currently, the National Archives accepts many Congressional records that should not be permanently retained. The primary goals of records management are the full and accurate documentation of government policies and transactions and the efficient and economical creation, maintenance, and use of records. Current law requires the head of each Federal agency to establish and maintain active and continuing records management programs. The growth in the size of the Congressional establishment and the resulting increase in the volume and complexity of its institutional records have made it imperative that Congress adopt an effective and comprehensive records management program. This recommendation would enable the Archivist to work with the Congress, as he does with executive branch agencies, to develop appropriate disposition standards. The publication of the disposition schedule would assure public knowledge of these standards. APPENDIX A LAWS DEFINING SENSITIVE AND CLASSIFIED INFORMATION The "Freedom of Information Act" 5 U.S.C. § 552. Public information; agency rules, opinions, orders, records, and proceedings (a) Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing.Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection and copying— (A) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases; (B) those statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register; and (C) administrative staff manuals and instructions to staff that affect a member of the public; (D) copies of all records, regardless of form or format, which have been released to any person under paragraph (3) and which, because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records; and (E) a general index of the records referred to under subparagraph (D);unless the materials are promptly published and copies offered for sale. For records created on or after November 1, 1996, within one year after such date, each agency shall make such records available, including by computer telecommunications or, if computer telecommunications means have not been established by the agency, by other electronic means. To the extent required to prevent a clearly unwarranted invasion of personal privacy, an agency may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, or staff manual, instruction, or copies of records referred to in subparagraph (D). However, in each case the justification for the deletion shall be explained fully in writing, and the extent of such deletion shall be indicated on the portion of the record which is made available or published, unless including that indication would harm an interest protected by the exemption in subsection (b) under which the deletion is made. If technically feasible, the extent of such deletion shall be indicated at the place in the record where the deletion was made. Each agency shall also maintain and make available for public inspection and copying current indexes providing identifying information for the public as to any matter issued, adopted, or promulgated after July 4, 1967, and required by this paragraph to be made available or published. Each agency shall promptly publish, quarterly or more frequently, and distribute (by sale or otherwise) copies of each index or supplements thereto unless it determines by order published in the Federal Register that the publication would be unnecessary and impracticable, in which case the agency shall nonetheless provide copies of such index on request at a cost not to exceed the direct cost of duplication. Each agency shall make the index referred to in subparagraph (E) available by computer telecommunications by December 31, 1999. A final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects a member of the public may be relied on, used, or cited as precedent by an agency against a party other than an agency only if— (i) it has been indexed and either made available or published as provided by this paragraph; or (ii) the party has actual and timely notice of the terms thereof. (3)(A) Except with respect to the records made available under paragraphs (1) and (2) of this subsection, each agency, upon any request for records which (i) reasonably describes such records and (ii) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person. (B) In making any record available to a person under this paragraph, an agency shall provide the record in any form or format requested by the person if the record is readily reproducible by the agency in that form or format. Each agency shall make reasonable efforts to maintain its records in forms or formats that are reproducible for purposes of this section. (C) In responding under this paragraph to a request for records, an agency shall make reasonable efforts to search for the records in electronic form or format, except when such efforts would significantly interfere with the operation of the agency's automated information system. (D) For purposes of this paragraph, the term "search" means to review, manually or by automated means, agency records for the purpose of locating those records which are responsive to a request. (4)(A)(i) In order to carry out the provisions of this section, each agency shall promulgate regulations, pursuant to notice and receipt of public comment, specifying the schedule of fees applicable to the processing of requests under this section and establishing procedures and guidelines for determining when such fees should be waived or reduced. Such fees shall conform to the guidelines which shall be promulgated, pursuant to notice and receipt of public comment, by the Director of the Office of Management and Budget and which shall provide for a uniform schedule of fees for all agencies. (ii) Such agency regulations shall provide that— (1) fees shall be limited to reasonable standard charges for document search, duplication, and review, when records are requested for commercial use; (II) fees shall be limited to reasonable standard charges for document duplication when records are not sought for commercial use and the request is made by an educational or noncommercial |