APPENDIX C с

SENATE STANDING RULE XI

PAPERS WITHDRAWAL, PRINTING, READING OF, AND REFERENCE

1. No memorial or other paper presented to the Senate, except original treaties finally acted upon, shall be withdrawn from its files except by order of the Senate.

2. The Secretary of the Senate shall obtain at the close of each Congress all the noncurrent records of the Senate and of each Senate committee and transfer them to the National Archives for preservation, subject to the orders of the Senate.

SENATE STANDING RULE XXVI

COMMITTEE PROCEDURE

10. (a) All committee hearings, records, data, charts, and files shall be kept separate and distinct from the congressional office records of the Member serving as chairman of the committee; and such records shall be the property of the Senate and all members of the committee and the Senate shall have access to such records. Each committee is authorized to have printed and bound such testimony and other data presented at hearings held by the committee.

44 U.S.C.

§ 2118. Records of Congress

The Secretary of the Senate and the Clerk of the House of Representatives, acting jointly, shall obtain at the close of each Congress all the noncurrent records of the Congress and of each congressional committee and transfer them to the National Archives and Records Administration for preservation, subject to the orders of the Senate or the House of Representatives, respectively.

(Pub. L. 90-620, Oct.22, 1968, 82 Stat. 1291, § 2114; renumbered and amended Pub. L. 98-497, Title I, §§ 102(a)(1), 107(a)(10), Oct. 19, 1984, 98 Stat. 2280, 2286)

1984 Amendment. Pub. L. 98-497 substituted "National Archives and Records Administration" for "General Services Administrations".

Effective Date of 1984 Amendment. Amendment by Pub. L. 98-497 effective on April 1, 1985, see section 301 of Pub. L. 98497 set out as note under section 2102 of this title.

Legislative History. For legislative history and purpose of Pub. L. 98-497, see 1984 U.S. Code Cong. and Adm. News, p. 3865.

2 U.S.C. § 72a.

(d) Recordation of committee hearings, data, etc.; access to records

All committee hearings, records, data, charts, and files shall be kept separate and distinct from the congressional office records of the Member serving as chairman of the committee; and such records shall be the property of the Congress and all members of the committee and the respective Houses shall have access to such records. Each committee is authorized to have printed and bound such testimony and other data presented at hearings held by the committee.

APPENDIX E

36 CFR Ch. XII (7-1/85 Edition) subsection 1228.188. Machine-readable records:

(a) Magnetic tape. Computer magnetic tape is a fragile medium, highly susceptible to the generation of error by improper care and handling. To ensure that permanently valuable information stored on magnetic tape is preserved, Federal agencies should schedule files for disposition as soon as possible after the tapes are written. When NARA has determined that a file is worthy of preservation, the agency should transfer the file to the National Archives as soon as it becomes inactive or whenever the agency cannot provide proper care and handling of the tapes (see Part 1234 of this Chapter) to guarantee the preservation of the information they contain. The tapes to be transferred to the National Archives shall be one-half inch 7 or 9 track tape reels, written in ASCII or EBCDIC, with all extraneous control characters removed from the data (except record length indicators for variable length records, or marks designating a datum, word, field, block, or file), blocked no higher than 30,000 bytes per block, at 800, 1600, or 6250 bpi. The tapes on which the data are recorded shall be new or recertified tapes (see Part 1234 of this chapter) which have been passed over a tape cleaner before writing and shall be rewound under controlled tension.

(b) Other magnetic media. When a machine-readable file that has been designated for preservation by NARA is maintained on a direct access storage device, the file shall be written on new or recertified one-half inch 7 or 9 track tapes, written in ASCII or EBCDIC, with all extraneous control characters removed from the data (except record length indicators for variable length records, or marks designating a datum, word, field, block, or file), blocked no higher than 30,000 bytes per block, at 800, 1600, or 6250 bpi. This copy shall be transferred to the National Archives.

(c) Documentation. Documentation adequate for servicing and interpreting machine-readable records that have been designated for preservation by NARA shall be transferred with them. This documentation shall include, but not necessarily be limited to completed Standard Form 277, Computer Magnetic Tape File Properties, or its equivalent. When it has been necessary to strip data of extraneous control characters (see paragraphs (a) and (b) of this section), the codebook specifications defining the data elements and their values must match the new format of the data. Guidelines for determining adequate documentation may be obtained from the Office of Records Administration (mailing address: National Archives (NI), Washington, DC 20408).

36 CFR Ch. XII (7-1-85 Edition) § 1234.4. Care, Handling, and Storage of Magnetic Computer Tapes and Disk Packs

Magnetic computer media needs special handling to prevent the loss of information. The following standards should be observed in

centralized computer rooms as well as decentralized computer support activities.

(a) Test and certify media no more than 6 months before using them to record information designated for permanent retention. (b) When writing tapes, verify them as error free.

(c) Annually read a 3-percent statistical sample of all reels of tape to identify any loss of data and to discover its causes. If errors are detected, attempt to eliminate them and the causes of the errors. Replace tapes with 10 or more errors and, when possible, restore lost data.

(d) Ensure that information is not lost because of changing technology or deteriorating magnetic media by updating magnetic media to provide compatibility with the agency's hardware and software.

(e) Label magnetic media externally to include the name of the organizational unit responsible for the data; file title(s); dates of creation and coverage; the recording density; type of internal labels, if applicable; data set names(s), if applicable; volume serial number; number of tracks; character code/software dependency; record length; block size; and reel sequence number, if the file is part of a multi-reel set.

(f) Separate magnetic media containing permanent records from those containing temporary records.

(g) Maintain adequate and up-to-date technical documentation with the file. Minimum documentation is a narrative description of the file(s); physical file characteristics; recording mode information, including the coding structure (code books); recording system information; and a record layout. The record layout should break down the file by fields. Each field will have a name, size, starting position, and a description of the form of the data (alphabetic, zoned decimal, packed decimal, or numeric).

(h) Keep a duplicate copy of the data at an off-site location for security backup.

(i) Maintain the operating, storage, and test areas for computer magnetic media at the following recommended temperatures and relative humidities:

Constant Temperature-60° to 72° F.

Constant Relative Humidity-40% to 50%

(j) Allow only authorized personnel to enter storage libraries and computer rooms. Prohibit smoking, eating, and drinking in computer rooms, storage libraries, and rehabilitation areas, and keep them as clean as possible.

(k) Transfer the original or a duplicate copy of the file to the National Archives at the time specified in the records disposition schedule in accordance with instructions found in § 1228.188. Transfer may take place at an earlier date if convenient for both the agency and the National Archives.

APPENDIX F

LAWS DEFINING SENSITIVE INFORMATION

50 U.S.C. § 421-422

SUBCHAPTER IV-PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION [NEW]

§ 421. Protection of identities of certain United States undercover intelligence officers, agents, informants, and sources

(a) Disclosure of information by persons having or having had access to classified information that identifies a covert agent

Whoever, having or having had authorized access to classified information that identifies a covert agent, intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent's intelligence relationship to the United States, shall be fined not more than $50,000 or imprisoned not more than ten years, or both.

(b) Disclosure of information by persons who learn identity of covert agents as a result of having access to classified information

Whoever, as a result of having authorized access to classified information, learns the identity of a covert agent and intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent's intelligence relationship to the United States, shall be fined not more than $25,000 or imprisoned not more than five years, or both.

(c) Disclosure of information by persons in course of pattern of activities intended to identify and expose covert agents

Whoever, in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States, discloses any information that identifies an individual as a covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such individual and that the United States is taking affirmative measures to conceal such individual's classified intelligence relationship to the United States, shall be fined not more than $15,000 or imprisoned not more than three years, or both.

(July 26, 1947, c. 343, Title VI, § 601, as added June 23, 1982, Pub. L. 97-200, § 2(a), 96 Stat. 122.)

Legislative History. For legislative history and purpose of Pub. L. 97-200, see 1982 U.S. Code Cong. and Adm. News, p. 145.

§ 422. Defenses and exceptions

(a) Disclosure by United States of identity of covert agent It is a defense to a prosecution under section 421 of this title that before the commission of the offense with which the defendant is charged, the United States had publicly acknowledged or revealed the intelligence relationship to the United States of the individual the disclosure of whose intelligence relationship to the United States is the basis for the prosecution.

(b) Conspiracy, misprision of felony, aiding and abetting, etc. (1) Subject to paragraph (2), no person other than a person committing an offense under section 421 of this title shall be subject to prosecution under such section by virtue of section 2 or

4 of Title 18 or shall be subject to prosection for conspiracy to commit an offense under such section.

(2) Paragraph (1) shall not apply (A) in the case of a person who acted in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States, or (B) in the case of a person who has authorized access to classified information.

(c) Disclosure to select Congressional committees on intelligence

It shall not be an offense under section 421 of this title to transmit information described in such section directly to the Select Committee on Intelligence of the Senate or to the Permanent Select Committee on Intelligence of the House of Representatives.

(d) Disclosure by agent of own identity

It shall not be an offense under section 421 of this title for an individual to disclose information that solely identifies himself as a covert agent.

(July 26, 1947, c. 343, Title VI, § 602, as added June 23, 1982, Pub. L. 97-200, § 2(a), 96 Stat. 122.)

Legislative History. For legislative history and purpose of Pub. L. 97-200, see 1982 U.S. Code Cong. and Adm. News, p. 145.

Sec.

(d) Notification by States or political subdivisions.
(e) Motion to suppress.

(f) In camera and ex parte review by district court.
(g) Suppression of evidence; denial of motion.
(h) Finality of orders.

(i) Destruction of unintentionally acquired information.

(j) Notification of emergency employment of electronic surveillance; contents; postponement, suspension or elimination. 1807. Report to Administrative Office of the United States Court and to Congress.

1808. Report of Attorney General to congressional committees; limitation on authority or responsibility of information gathering activities of congressional committees; report of congressional committees to Congress. Criminal sanctions.

1809.

(a) Prohibited activities.

(b) Defense.

(c) Penalties.

(d) Federal jurisdiction.

1810. Civil liability.

1811. Authorization during time of war.

§ 1801.

Definitions

As used in this chapter:

(a) "Foreign power" means—

(1) a foreign government or any component thereof, whether or not recognized by the United States;

(2) a faction of a foreign nation or nations, not substantially composed of United States persons;

(3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;

(4) a group engaged in international terrorism or activities in preparation therefor;

(5) a foreign-based political organization, not substantially composed of United States persons; or

(6) an entity that is directed and controlled by a foreign government or governments.

(b) "Agent of a foreign power" means

(1) any person other than a United States person, who

(A) acts in the United States as an officer or employee of a foreign power or as a member of a foreign power as defined in subsection (a)(4) of this section;

(B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances of such person's presence in the United States indicate that such person may engage in such activities in the United States, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities; or

(2) any person who

(A) knowingly engages in clandestine intelligence gathering activities for or on behalf of a foreign power, which activities involve or may involve a violation of the criminal statutes of the United States; (B) pursuant to the direction of an intelligence service or network of a foreign power, knowingly engages in any other clandestine intelligence activities for or on behalf of such foreign power, which activities involve or are about to involve a violation of the criminal statutes of the United States:

(C) knowingly engages in sabotage or international terrorism, or activities that are in preparation therefor, or on behalf of a foreign power; or

(D) knowingly aids or abets any person in the conduct of activities described in subparagraph (A), (B), or (C) or knowingly conspires with any person to engage in activities described in subparagraph (A), (B), or (C).

(c) "International terrorism" means activities that

(1) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or any State;

(2) appear to be intended

(A) to intimidate or coerce a civilian population; (B) to influence the policy of a government by intimidation or coercion; or

(C) to affect the conduct of a government by assassination or kidnapping; and

(3) occur totally outside the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to coerce or intimidate, or the locale in which their perpetrators operate or seek asylum.

(d) "Sabotage" means activities that involve a violation of chapter 105 of Title 18, or that would involve such a violation if committed against the United States.

(e) "Foreign intelligence information" means

(1) information that relates to, and if concerning a United States person is necessary to, the ability of the United States to protect against

(A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;

(B) sabotage or international terrorism by a foreign power or an agent of a foreign power; or

(C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or

(2) information with respect to a foreign power or foreign territory that relates to, and if concerning a United States person is necessary to

(A) the national defense or the security of the United States; or

(B) the conduct of the foreign affairs of the United States.

(f) "Electronic surveillance" means

(1) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire or radio communication sent by or intended to be received by a particular, known United States person who is in the United States, if the contents are acquired by intentionally targeting that United States person, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes;

(2) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire communication to or from a person in the United States, without the consent of any party thereto, if such acquisition occurs in the United States;

(3) the intentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are located within the United States; or

(4) the installation or use of an electronic, mechanical, or other surveillance device in the United States for monitoring to acquire information, other than from a wire or radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes. (g) "Attorney General" means the Attorney General of the United States (or Acting Attorney General) or the Deputy Attorney General.

(h) "Minimization procedures", with respect to electronic surveillance, means

(1) specific procedures, which shall be adopted by the Attorney General, that are reasonably designed in light of the purpose and technique of the particular surveillance, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent