Committee records guidelines

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Committee records guidelines
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Table of Contents
    Front Cover
        Front Cover 1
        Front Cover 2
    Title Page
        Page i
        Page ii
    Table of Contents
        Page iii
        Page iv
        Page v
        Page vi
    Introduction
        Page 1
        Page 2
    Chapter I. Records of Congress
        Page 3
        Page 4
        Page 5
        Page 6
    Chapter II. Legislative records
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
    Chapter III. Oversight and investigative records
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
    Chapter IV. Administrative records
        Page 21
        Page 22
        Page 23
    Chapter V. Procedures for archiving records
        Page 24
        Page 25
        Page 26
    Chapter VI. Managing sensitive records
        Page 27
        Page 28
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
    Chapter VII. Personnel
        Page 34
    Glossary
        Page 35
        Page 36
        Page 37
        Page 38
    Appendix
        Page 39
        Page 40
        Page 41
        Page 42
    Attachments
        Page 43
        Page 44
        Page 45
        Page 46
        Page 47
        Page 48
        Page 49
        Page 50
        Page 51
        Page 52
        Page 53
        Page 54
        Page 55
        Page 56
        Page 57
        Page 58
        Page 59
        Page 60
    Back Cover
        Back Cover 1
        Back Cover 2
Full Text















At,









96th Congress COMMITTEE PRINT 1st Session J




COMMITTEE RECORDS GUIDELINES




GUIDELINES
FOR

STANDING AND SELECT COMMITTEES
IN THE
PREPARATION, FILING, ARCHIVING, AND
DISPOSAL OF COMMITTEE RECORDS





PREPARED FOR THE

COMMITTEE ON HOUSE ADMINISTRATION

OF THE

U.S. HOUSE OF REPRESENTATIVES








NOVEMBER 1979


U.S. GOVERNMENT PRINTING OFFICE 49-83 0 WASHINGTON : 1979




























COMMITTEE ON HOUSE ADMINISTRATION
FRANK THOMPSON, JR., New Jersey, Chairman
LUCIEN N. NEDZI, Michigan WILLIAM L. DICKINSON, Alabama
JOHN BRADEMAS, Indiana JAMES C. CLEVELAND, New Hampshire
AUGUSTUS F. HAWKINS, California BILL FRENZEL, Minnesota
FRANK ANNUNZIO, Illinois DAVE STOCKMAN, Michigan
JOSEPH M. GAYDOS, Pennsylvania ROBERT E. BADHAM, California
ED JONES, Tennessee NEWT GINGRICH, Georgia
ROBERT H. MOLLOHAN, West Virginia JERRY LEWIS, California LIONEL VAN DEERLIN, California CARROLL A. CAMPBELL, JR.,
JOSEPH G. MINISH, New Jersey South Carolina
MENDEL J. DAVIS, South Carolina TOM LEOFFLER, Texas
CHARLES ROSE, North Carolina JOHN L. BURTON, California LEON E. PANETTA, California (on leave) PETER A. PEYSER, New York WILLIAM R. RATCHFORD, Connecticut VIC FAZIO, California
WiLLAm G. PHnIPS, Staff Director ROBERT C. CATRIzmI, Project Director EDMOND C. SMm, Staff Assistant

(II)











TABLE OF CONTENTS
Page
IN TRODU CTION ............................................................................ 1
CHAPTER I: Records of Congress ................................................ 3
Definition of Records .............................................................. 3
Categories of Records .............................................................. 4
1. Legislative records ...................................................... 4
2. Oversight and Investigative records ........................ 4
3. Administrative records .............................................. 4
4. Reference records ........................................................ 4
Records of Continuing Value ................................................ 4
Records Not of Continuing Value ........................................ 5
House Records Chart .............................................................. 6
CHAPTER II: Legislative Records ............................................... 7
Legislative Records File ......................................................... 7
File Contents ............................................................................ 8
Committee File-House Items .............................................. 9
Committee File-Senate Items ............................................. 12
Committee File-Conference Items ..................................... 13
Committee File-Other Items ............................................... 14
CHAPTER III: Oversight and Investigative Records ............... 16
Oversight and Investigative Records File ........................... 16
File Contents ............................................................................ 17
Committee File-House Items .............................................. 18
Committee File-Senate Items ............................................. 19
CHAPTER IV: Administrative Records ...................................... 21
Types of Committee Administrative Records ..................... 21
Disposition Schedules for Routine Administrative Files. 21





IV
Pap
1. Personnel ...................................................................... 21
2. Equipment and Supplies ............................................ 22
3. Office Space and Maintenance ................................. 22
4. Travel ............................................................................ 22
5. Accounting ................................................................... 22
6. Office Procedures ........................................................ 23
7. Monthly Activity Report ........................................... 23
8. Miscellaneous .............................................................. 23
CHAPTER V: Procedures for Archiving Records ..................... 24
Committee Procedures for Archiving Records ................... 24
Full Committee Responsibility for All Its Records Including Subcommittee Records ......................................... 24
Clerk's Office Procedures for Archiving Records .............. 24
1 Transmittal .................................................................. 24
2. Storage .......................................................................... 25'
3. Retrieval ....................................................................... 25
CHAPTER VI: Managing Sensitive Records ................... .... ..... 27
Types of Sensitive Records .................................................... 27
Protective Practices ................................................................ 28
Member Responsibility ........................................................... 29
Staff Responsibility ................................................................. 30
Executive Branch Materials .................................................. 30
Recent Clearance Developments ........ .................................. 31
Hiring ........................................................................................ 31
Training ..................................................................................... 32
Enforcement Mechanisms and Procedures ......................... 32
Costs ........................................................................................... 32
Archival Considerations ......................................................... 33
CHAPTER VII: Personnel .............................................................. 34
Responsibilities of Personnel Dealing with Records ......... 34
Chief Clerk or Staff Director ................................................ 34
Records Management Clerk .................................................. 34
GLOSSARY ...................................................................................... 35







APPENDIX:


Rule XI 1.(aXl) & (2) (General Committee Rules) ......... 39
Rule XI 2.(eXl) (Committee Record of Committee Actions) .............................................................. 39
Rule XI 2.(e)(2) (Committee Records Separate from
Chima' Personal Rlecords) .. .............................. 39
Rule XI 2.(kX5)(A) & (B) (Committee Investigative Hearinig Procedures) ....................................................40
Rule XI 2.(X7) (Executive Sessions and Investigative
H~jeainig Procedures) ........................................... 40
Rule XXXVI (Clerk's Responsibility for Retired Committee RIecords) .....................................................40
Rule XXXVII (Withdrawal of Papers)..................... 41
House Resolution 288 (Fifty Year Rule) ................... 42
ATTACHMENTS:,
A-Letter Requesting Transmittal to Clerk's Office ........ 43
B-Letter Stating Clerk's Authority to Receive Retired
Records and General Instructions for Transmitting
Records .............................................................. 44
C-Instructions, for Labeling Boxes ........................ 45
D-Letter Sent to Committee Which Has Not Forwarded Records......................................................... 46
E-Letter Sent to Committee Which Forwarded Few
Records ........................................... ........ 47
F-Supply Request F~orm .......................................... 48
G-Gummed Label ............................................. 49
H-Transmittal Sheet ........................................... 50
I-Letter Acknowledging Receipt of Records by Clerk ... 51
J-Letter Acknowledging Transfer of Records to National Archives........................... ...... ..................... 52
K-Transmittal Sheet Used to Update the Clerk's Files
When Records Sent to the National Archives............ 53





V&
Pag
L-House Resolution 288 and Report No. 56 2 .......... 54
M--Cover Letter Requesting That the Chairman List Committee Personnel Authorized to Have Access and/or Retrieve Retired Records Together with the
Authorization Form ....................................... 56
N%---IIeuest for Archive Records Form ............. .. .. ..... 58
(I-INational Archive L.oan R~eceipt .............................. 59
P-Office of Records and Registration Request Form
for Retired Records............................................. 60








INTRODUCTION
Within a decade, the Congress of the United States will mark its two hundredth anniversary. During these years the Nation's legislators have created a vast number and 'variety of records documenting their efforts to respond to complex issues and the duties of their office.
The efficient and 'economical management of these records is of paramount interest to the House as an institution of the Congress. Active records, in particular, must be well-arranged to allow quick and easy retrieval of documents needed for current committee business. Older, inactive records, must likewise be carefully maintained, if they are to be of any use to future legislators or researchers.
The most basic actions in records management, however, are costly. The average annual space, maintenance, and filing equipment cost for Federal Executive Branch agencies, for example, is presently $8.10 per cubic foot of records. The initial cost of filing a single letter ranges from 5 to 10 cents; the expense for a search and document retrieval ranges from 91 cents to $5.00; and the average annual cost of preparing records for storage in active files is $115.00 per drawer.' Such expenses rapidly accumulate when applied to the hundreds and thousands of documents and papers currently confronting committee staffs. The proper management of records is one way to minimize these costs.
This handbook provides a description of the records management responsibilities of the committees of the House, as prescribed by statute, House rules, and the custom of the Congress and its offices. Specifically, it identifies the various types or series of records accumulated by committees, recommends suitable retention periods for each series, and describes procedures for their final disposition.
With the publication of this Handbook the Committee on House Administration moves toward goals established by T. R. Schellenberg who has advised that:
The objectives in managing public records are to make the records serve
the purposes for which they were created as cheaply and effectively as possible, and to make a proper disposition of them after they have served those purposes. Records are efficiently managed if they can be found quickly and without fuss or bother when they are needed, if they are kept at a minimum charge for space and maintenance while they are needed for current business, and if none are kept longer than they are needed for such business unless they have a continuing value for purposes of research or for other purposes. The objectives of efficient record management can be achieved only if attention is paid to the handling of records from the time they are created until the time when they are released to an archival institution or disposedof. 2

By contrast, materials may be stored in Federal Records Centers for only 61 cents per cubic foot.
2 T. R. Schellenberg. Modern Archives: Principles and Techniques. Chicago, University of Chicago Press, 1956, p. 37.





2
By consolidating information on records management in one source, the House Administration Committee hopes to eliminate, particularly for new Committee staff members, the confusion and difficulty inherent in searching for needed facts and sources from various Congressional offices and Government agencies.
Because changes are made in the rules affecting the procedures described in this Handbook, revisions of the text of the Handbook will be made on a regular basis.
The Committee welcomes any suggestions for additions, changes, or corrections of fact in the Handbook.
Members of the Committee on House Administration appreciate the cooperation and assistance provided in the Handbook's preparation by the various officials, and staffs of the House, the Congressional Research Service of the Library of Congress, and the National Archives and Records Service.









CHAPTER I: RECORDS OF CONGRESS

DEFINMON OF REcORDS
Records provide a memory for the Congress and have legal, historical, and research value. The House of Representatives uses varlous terms when discussing its records including "papers" (Rule XXXVDI "evidence" (Rule XXXVI). and "records" (Rule XXXVI and H. Res. 288, 83rd. Cong.)
Rule XXXVI of the Rules of the House of Representatives is headed "Papers" and this Rule mentions the following items in a description of what constitutes papers:
... all bills, joint resolutions, petitions, and other papers referred to the
committee, together with all evidence taken by such committee under the order of the House during the said Congress and not reported to the
House; ....
Contemporary practice includes as records such additional items as publications, charts, photographs, machine readable materials and other documentary materials which relate to legislative or oversight functions of the House of Representatives, its committees, and its subcommittees.
This Handbook defines records in terms of the Rules of the House of Representatives and contemporary practice. 3
Not everything a committee accumulates or generates, however, has permanent value. These records without lasting value need not be preserved and include:
-routine administrative records
-reference materials, consisting of printed documents, books,
pamphlets, or processed studies (not accumulated as exhibits)
-extra copies of publications of the committee or other organizations not required by the Clerk
-tickler, follow-up, or suspense copies of correspondence which
are used to locate other permanent records
-identical duplicate copies of all documents maintained in the
same file
-blank forms
-catalogs, trade journals, and other publications or papers that
are received from Government agencies, commercial firms, or private institutions, and require no action and are not part of
a case upon which action is taken
-reproduction materials, such as master stencils, hectograph
masters, and offset plates

3This definition follows guidelines established for the Executive Branch departments found in the Records Disposal Act of 1943 (now 44 U.S.C. 3301).
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-information copies of correspondence and other papers on
which no action is taken

CATEGORIES RECORDS
For the purposes of this handbook, committee records are grouped in four broad categories coinciding with the major functions of the committees.
I. Legislative records-materials relating to private or public
bills and resolutions referred to the Committee for further
action.
II. Oversight and investigative records-all material pertaining
to special studies, surveys, and investigations conducted or
directed by the committee or its subcommittees.
III. Administrative records-personnel, fiscal, and other housekeeping records maintained by each committee.
IV. Reference records-materials such as extra copies of committee minutes, hearings, reports, calendars, and press releases.
Some of these records have permanent value and should be transferred to the National Archives for preservation. Some of these records are disposable, immediately or at a later time.

RECORDS OF COISMNUING VALUE
Records of continuing value include:
-minutes of committee meetings
-executive communications
-correspondence of the committee chairman and senior staff members
-legislative bill files
-records relating to special studies and investigations
-subject files (if screened of printed material easily available elsewhere)
-publications of the committee e.g., hearings, committee prints
-transcripts of unprinted committee hearings
-reading files (chronological files)
-news releases
-petitions and memorials
-press clippings on the committee's work
-staff memorandums
These records contain evidence of the committee's organization and functions, provide information on the specialized subject-matter concerns of the committee, furnish a complete legislative histo-





5
ry of public laws, and are a source of reference for topics relating to committee interests.

RECORDs NOT OF CONTINUING VALUE
Records not of continuing value include:
-administrative or housekeeping records relating to travel, committee operating expenses and expenditures, such as bills and vouchers; applications for appointment or employment, other personnel records, including attendance records; and records
relating to the procurement of supplies and equipment
-working papers, such as preliminary notes and drafts, which
do not possess evidentiary value
-galley proofs, page proofs, or unbound copies of publications
-records relating to requests for publications or information of a
routine nature.
These records help the committee perform its current work but are of little value in documenting its legislative functions and oversight activities. Some of these records, such as requests for publications, may in fact have no useful purpose beyond the current Congress and may be disposed of immediately. The committee's needs for other temporary records, such as the administrative or housekeeping files, however, may extend beyond the current Congress and may be kept by the committee until no longer useful. Reference collection materials constitute a special category in that they are needed on a continuing basis and must therefore be organized and maintained in a manner that allows efficient access and use. This material, which may include duplicate copies of committee minutes and hearings and other publications of use to the committee, should be periodically reviewed, however, and disposed of when no longer needed.
The following chart lists the kinds of records of continuing value the committee may be maintaining and the categories into which records fall:






6

HOUSE RECORDS

IOf Continuing Used for Committee Purposes Which Value Which are are Disposed of When No Longer to be Archived Needed if Record Has No
Record Continuing Value or Duplicates
Investigative Archived Records
Legs. and -_____________file Oversight Reference file
file

Public bill................................x XX
Private bill ......................x.............. ...........
Joint resolution ........................ x X
Concurrent resolution ................ x X
Simple resolution ...................... x x
Committee report...................... x x x
House document ....................... x x x
Committee print .......................x x x
Committee calendar ............................................ x
Docket book........................................................ x
Exhibits .................................. x X
Hearings .................................x XX x
Memorials &petitions ............. X .............
Minutes .................................. x X x
Press release ............................ x x x
Casework communique............... x x x
House communique ................... x x
Senate communique................... x x
Executive branch communique... x x
Staff communique..................... x x
Court opinion........................... X x
Committee library materials ................................. x
Subject files.........................................................X
Public law ...............................x XX x
Statement by President when X X x
signing a bill into law.
Veto message ........................... x x x
Conference report...................... x x x

Note: Definitions for these terms are found in Glossary.

The remaining chapters of this handbook describe the various types of records generated and accumulated by House committees, suggest methods for filing them to best serve the committees' needs, and make recommendations for their eventual disposition.
Topics discussed in this handbook are:
Chapter II-Legislative Records
Chapter IIl-Oversight and Investigative Records
Chapter IV-Administrative Records
Chapter V-Procedures for Archiving Records
Chapter VI-Sensitive Records
Chapter VII-Responsibilities of Personnel Dealing with Records.











CHAPTER II: LEGISLATIVE RECORDS

LEGISLATivE RECORDs FILE
The legislative process, understood as the preparation and enactment of laws, formally begins with the introduction of a bill. Committees of the House of Representatives receive legislation for their consideration and action after:
-the Clerk has assigned an identifying number to measures
originating in the House and the Speaker has determined which committee or committees have jurisdiction relevant to
the subjects considered in the bill or
-the Speaker has referred an Act copy of the Senate approved
measure to the committee or committees of relevant jurisdiction.
Upon so receiving a bill, a committee opens a legislative file on the measure. Normally, these files would be maintained in a numerical sequence based upon the identifying number of each bill. Further, legislative files, of course, should be grouped for each Congress. A committee may wish to maintain a topical index keyed to the identifying numbers of the various bills assigned to it or, depending upon its organization and indexing, the committee's published calendar may be. adequate to facilitate topical identification of legislation assigned to the committee.

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T" 1
r ILE CONTENTS
It is important to include material in this file that will provide a complete history of the legislation. The following items, as applicable, should appear in each legislative file:
-the introduced House bill
-a section-by-section analysis of the legislation
-a copy of each Committee print of the legislation, marked to
show the sequence of developments in the proposal
-press releases
-copies of referral correspondence from Executive agencies or
presidential communications to the Congress relevant to the
legislation
-a copy of subcommittee minutes pertaining to the legislation -copies of pertinent Congressional Record items, e.g., statements by committee members and other Members of Congress
following introduction of bill
-copies of communications with the House leadership and other interested Members
-a copy of hearing transcripts if hearings were not printed and if the transcripts are not too bulky (with a disclaimer that this
material is not edited)
-a copy of the reported legislation
-a copy of the Committee's report
-a copy of the resolution on rule together with the report adopted by the Rules Committee on the resolution
-copies of correspondence with the Rules Committee or other relevant congressional bodies
-clippings from the Congressional Record pertaining to House
action on the legislation
-a copy to the Act print of the House-passed legislation
-a cross-reference sheet
If the Senate acts upon the House-passed legislation or develops a companion bill, then the following items should be added to the legislative file as prepared in the above steps:
-the introduced companion Senate bill or referred House Act
print
-a copy of the Senate report on the legislation
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-clippings from the Congressional Record pertaining to Senate
action on the legislation
-a copy of the Senate-passed version of the legislation
-a copy of the conference report on the legislation, conference
minutes, and conference transcript if not printed or a side-byside print of the legislation as considered in conference
-clippings from the Congressional Record pertaining to both
House and Senate action on the Conference report
-a copy of the Public Law
If the committee receives a Senate Act copy of legislation for consideration and action, the following items should be included in the legislative file:
-the referred Senate Act print
-a copy of the Senate report on the legislation
-clippings from the Congressional Record pertaining to Senate
action on the legislation '
Other items which should be included are:
-A cross-reference sheet listing Committee prints, General Accounting Office reports, or other relevant documents which were not included in the hearing record but are contained in
other files or bound collections of the committee
-Memorials and petitions which a Committee may place in the
legislative file to which each pertains. Alternative procedure has Committee keeping them in a common file of their own with appropriate citations being made on relevant cross-reference sheets (see above) within the legislative files
-the statement of the President upon signing the bill or
-the statement of the President upon vetoing the bill together
with clippings from the Congressional Record pertaining to
override actions in either or both Houses of Congress
These various legislative file items are discussed in greater detail in the paragraphs below.

COMMITTEE FILE-HOUSE ITEMS
Introduced House bill. This is the initial version of a proposed bill. It bears an identifying number, the name of the sponsor and co-sponsors (additional co-sponsors may be announced later in the Congressional Record or an identical bill, with its own identification number, may be introduced at a later date with additional cosponsors), the calendar date of introduction, the committee or committees to which it has been referred, and a short title preceding the actual text.





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Section-by-section analysis. This rather detailed description of the contents of a bill may derive from a number of sources. The committee may prepare its own narrative; it may have been provided by the Member offering the bill and appeared in the Congressional Record; it may have been solicited by the committee from an auxiliary such as the Congressional Research Service; or it may have been prepared by a source outside the Congress such as an Executive Branch entity or an interest group. Regardless of its source, the section-by-section analysis included in the file should be one acceptable to the committee. The source or authorship of the section-b -section analysis should be evident, especially if deriving from a source outside of the committee, together with its date of preparation.
Committee print of legislation. As modifications are made in the legislation, Committee prints of the revised bill may be authorized. A copy of each of these documents should be included in the legislative file, each marked to show the sequence of developments in the proposal. Marginal notes might identify changed language and the date of alteration.
Press releases. These items should be retained in reverse chronological order in the committee's oversight and legislative files. They could be useful in determining and clarifying the intent of the committee.
Executive Branch referral correspondence. During the course of the committee's consideration of a bill, various pieces of correspondence with comments on the legislation may be received from Executive Branch entities. All such correspondence containing opinions or views pertaining to a measure should be preserved in the legislative file. Each letter, with attachments and enclosures affixed to it, should bear the identification number of the bill to which it refers. This marking should be evident on the top of the first page of each letter.
Subcommittee minutes. When legislation is referred to a committee, it is often assigned to a subcommittee for specialized consideration. When the subcommittee completes its work on a bill, the measure is returned to the full committee, where a judgment is made as to the reporting of the legislation to the House. Sometimes a bill will be retained at the full committee level for action by the entire membership of the panel. Often a subcommittee will prepare minutes regarding its decisions on a measure. If the full committee considers a bill without assigning it to a subcommittee, the decisions of the committee usually are contained in the report on the measure. While the subcommittees may preserve their minutes on legislation within their own record holdings, efforts should be made at the full committee level to assure that these minutes are retained there, as well, in appropriate legislative files.
Congressional Record items. After a bill is introduced, Members of the House may offer remarks on the proposal or otherwise insert comments on the measure in the Congressional Record. These items should be clipped from the Record with their bibliographic references and placed in the legislative file. Statements by Committee members especially should be retained.





11
Hearing transcript. If the hearing transcript is not printed, then it is essential that the original transcript, provided by the official reporter or the taped recording, should be retained and placed in the legislative file. Published transcripts of hearings may be placed in the legislative file but it should be noted that these records may duplicate materials found in the bound volumes of committee hearings archived by the panel. In cases where the printed transcript is not included in the file be sure to enclose a photocopy of the first page of the published copy or make a citation containing the necessary bibliographical information on a cross-reference sheet.
Reported legislation. This is the version of the bill as finally adopted by the committee and reported to the House. In addition to the reference information contained in the measure as introduced, the proposal will bear the identification number of the accompanying House report and the date it is being reported from the committee.
House report. This is the report filed by the committee with regard to the action it has taken on the bill prior to returning it to the House for consideration by the full membership. The document bears an identification number in the upper right-hand corner of its cover or initial page, the name of the Member (usually the committee chairman or the appropriate subcommittee chairman) submitting the report on the floor of the House, and a short title identifying the bill being reported. If a bill has been referred sequentially to two or more committees of the House, the separate reports of the various panels involved will bear a common identification number but with part distinctions for each committee (Le. Part I, Part II, etc.). At present, the first two digits in a House report identification number indicate the Congress during which the report was issued. Thus, when the Committee on Government Operations issued its report on the Presidential Records Act of 1978, which was referred jointly to the Committee on House Administration, the report of the former committee received the identification of Rept. 95-1487 Part I.
Rule. In most instances, before a bill is considered on the floor of the House, it is granted a special order, or rule, outlining certain procedures for consideration of the measure. The rule, which is in the form of a House Resolution, generally provides for the calling up of a measure, indicates the number of hours of general debate time and divides the time between either the chairman and ranking minority member of the committee or other Members in favor of, or in opposition to, the measure. If the rule is described as "modified", it will specifically spell out amendments that are allowed. A rule might also waive points of order that would lie against a bill or' an amendment if it would violate a rule of the House, the Congressional Budget Act, etc. These rules certainly should be considered an integral part of the history of the legislation. However, not all legislation comes to the floor under a rule. Measures considered during the suspension process do not have rules. Bills from the District of Columbia and Appropriations Committees are privileged and may or may not require a rule in order to be considered, but if waivers are needed, a rule may be requested and subsequently granted.


49-663 0 79 3





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Report to accompany rule. The report accompanying a special order or "rule" is generally a very brief statement indicating the recommendation of the Committee on Rules that the resolution, or rule, be passed by the House. It reveals whether the rule was granted by a voice or record vote. Like any other House report, the rule report bears an identification number in the upper right-hand corner of its title page, the name of the member of the committee submitting the report, and a short title identifying the legislation with which the rule deals.
Congressional Record debate (House). After a bill receives a rule establishing the conditions for its consideration on the House floor, it is scheduled for discussion and debate by the full chamber. Pages in the Congressional Record regarding reporting and adoption of the rule, consideration of the bill, and the final vote on the legislation should be clipped with their bibliographic references intact and placed in the legislative file. Care should be taken to obtain all appropriate pages from the Record, as discussion and debate may extend over a number of days and may not occur in continuous sequence.
House Act print (engrossed bill). After a bill has been adopted by the House, a copy of the final passed version of the measureknown as the House Act print-should be obtained from the House Enrolling Clerk and added to the legislative file. This document will bear the identification number of the introduced bill and the words "An Act" at the top of its initial page; the final lines on the last page bear the inscription "Passed the House of Representatives" with the date of passage and Senate committee to which it was referred. Below these words appears the term "Attest:" and the printed name of the Clerk of the House.

CommirrEEFiLE-SENATE ITEMS
Companion Senate bill. This is a bill introduced in the Senate which contains substantially the same language as a bill introduced in the House and referred to the Committee. The purpose in retaining a copy of a Senate companion bill is primarily to have the identification number of the counterpart legislation and to have a reference copy for confirmation of the proposal that is substantially the same in nature.
Senate report. This is the report filed by a Senate committee with regard to the action it has taken on a bill prior to returning it to the full Senate for consideration. Like a House report (see above), the document bears an identification number in the upper right-hand corner of its cover or initial page, the name of the Member submitting the report, and a short title identifying the bill being reported. If a bill has been referred sequentially to committees of the Senate, the separate reports of the various panels involved are each assigned a distinct identification number. House reports on a sequentially referred bill appear under a common identification number but are issued in separate parts.
Congressional Record debate (Senate). Senate debate on a bill under consideration by a committee of the House should be extract-




13
ed from the Congressional Record and placed in a legislative file in order that the House committee may be aware of the manner in which the Senate developed the legislation and of the issues considered by the other body during its debate on the measure. Care should be taken to obtain all appropriate pages from the Record, as discussion and debate may extend over a number of days and be marked by considerable discontinuity.
Senate Act print (engrossed bill). After a bill has been adopted by the Senate, a print of the final passed version of the measureknown as the Senate Act print-should be obtained from the House or Senate Enrolling Clerk and added to the legislative file if the committee will be considering a companion bill (see above). If the Senate Act print of legislation is referred to the committee for consideration and action, receipt of this document initiates the opening of a legislative file. A Senate Act print will bear the identification number of the introduced bill and the words "An Act" at the top of the initial page. If the proposal has been referred to the House, it will also bear the inscription "In the House of Representatives" and the date of referral to the committee. The final lines on the last page bear the inscription "Passed in the Senate of the United States" with the date of passage. Below these words there appears the term "Attest:" and the printed name of the Secretary of the Senate.

COMMITTEEFiLE-CONFERENCE ITEMS
Conference report. When the Senate and the House adopt differing versions of the same bill, a Conference Committee may be created, composed of Members from each chamber, to resolve the conflicts. When agreement is reached on all points of difference, a report is written to explain the nature of the agreements and the language of the compromise legislation. This report is voted upon by each chamber. Under current practice Conference reports are printed by both the House and the Senate and receive distinct identification numbers in each chamber. In many regards, they have the same appearance as a House report or a Senate report (see above) but,,are readily identifiable by the term "CONFERENCE REPORT appearing in boldface print above the text of the report. A House committee should retain the House printed version of a Conference report, as it bears an identification number pertinent to that chamber. Congressional Record pages pertaining to the action of each chamber on the Conference report should also be placed in the legislative file.
During the course of conference committee consideration and mark-up of a bill, House committee participants may have minutes of the deliberations prepared, transcripts may be produced, and other instructive documents such as a side-by-side print of the House and Senate versions of the proposal under consideration may be generated. These items should be preserved and included in the legislative file.




14
CommirrEEFILE-OTHER ITEMS
Public law. The Public Law (sometimes referred to as the slip law) is legislation that has been approved by the President and has thereupon become the law of the land. Having the appearance of a small pamphlet, this document today bears the inscription "Public Law" followed by an identification number and a date. The first two digits of the identification number indicate the Congress during which the law was adopted and the remaining digits are assigned in sequence with the order in which the President approved the measures. The date of a public law is the date on which the President signed the measure.
Copies of Public Laws also bear a set of identifying numbers such as 100 Stat. 50. This is a reference to the location of the particular Public Law in question within a series of bound volumes comprising the compilation of all federal laws, known as United States Statutes At Large. The former number designates the volume (not the Congress), while the latter refers to the page. Thus, the example provided is a citation to page 50 of volume 100 of the Statutes At Large.
A Public Law contains certain notations on the outside margin of each page. These notes may locate the text of the Public Law within the United States Code (e.g., 50 U.S.C. 770, which means that the provision in question will be found at section 770 of title 50 of the United States Code), provide cross-references to other provisions of existing law, or highlight particular points contained in the text.
At the end of each Public Law a basic legislative history is provided, consisting of House and Senate report citations, Congressional Record dates of action, and the date and location within the Weekly Compilation of Presidential Documents of the President's statement upon signing the legislation.
Cross-reference sheet. Because there are often studies, Committee prints, General Accounting Office reports, or other relevant documents that bear upon a bill but which, for various reasons, are omitted from the legislative file, it might be helpful to list such materials on a cross-reference sheet contained within the file. This list could provide an informative bibliographic citation for each relevant item, a very brief note on the pertinence of literature cited, and might also give some indication as to where the documents could be located within the committee's files or record holdings.
A cross-reference sheet could also contain notes 'on the final disposition of legislation considered by or actually reported by the committee. Users of the legislative file would know at a glance, by consulting the cross-reference sheet, what happened to a bill. This could be helpful in situations where the original text of a bill is dropped and a new version is introduced and given a new number. Undoubtedly, committees adopting this option for their legislative files will find a variety of uses for the device. Care should be taken to limit the cross-reference sheet to a single piece of paper.
Statement of the President. When the President signs legislation into law, a statement is often made on the occasion. Such statements may have value for the legislative file, particularly if the President is strongly expressive, indicating either a high degree of




15
support for the measure or reserve with regard to signing it. These legislative statements by the President are published in the Weekly Compilation of Presidential Documents.
Veto materials. After a bill has been adopted by both Houses of Congress and cleared for the President's approval, occasions do arise when the President declines to sign a measure and returns it to the Congress (a direct veto) or fails to sign a bill after the Congress has adjourned, thus allowing it to expire (a pocket veto). In the first of these situations, the President normally issues a message, which is communicated to the Congress. This message will appear in the Weekly Compilation of Presidential Documents and the Congressional Record, and usually as a House or Senate document, depending upon the congressional chamber in which the legislation originated. If an effort is made to override the President's veto, this action will be recorded in the Congressional Record as well. A committee should add a copy of the veto message and Congressional Record override pages to the legislative file. These materials, of course, will have special significance if the veto is defeated.
A pocket veto is not usually accompanied by any presidential statement or message to the Congress. Because the Congress has in such a case adjourned, there is no opportunity to override a pocket veto. Given this lack of documentation, a committee may wish to note the exercise of a pocket veto on a cross-reference sheet (see above) in the legislative file.
In addition to the items discussed above which are placed in the committee's legislative files, each committee's archived records should include:
-docket books
-minutes of the full committee
-the committee calendar
-other supporting documents.

These items record the committee's role in the overall legislative process.










CHAPTER III: OVERSIGHT AND INVESTIGATIVE RECORDS

OVERSIGHT AND INVESTIGATIVERECORDs FILE
Congressional oversight is the function of committees of Congress in reviewing the operations of agencies and the administration of programs of the Executive Branch. In addition, congressional committees possess investigative powers that enable them to explore a variety of public issues, problems, or actions which fall within the purview of the Legislative Branch. While various distinctions can be drawn between oversight and investigatory proceedings, perhaps two of the most significant for purposes of this discussion are that:
-often an investigation is mandated by a formal decision of the
House and
-in conducting a formal investigation, a House committee can
compel the production of records and papers for its examination.
In many regards, an investigation is a formalized oversight proceedina that extends to subject matter beyond the immediate activities executive branch departments and agencies. Preserving and maintaining the records, both prompting and deriving from such committee inquiries, are matters of great importance to the House.
Oversight proceedings for purposes of scrutinizing the efficiency and economy of program or agency operation may occur when a particular program is about to terminate, when a funding authorization is about to expire, or when there are allegations of misconduct regarding an agency or program. In the Senate, oversight responsibilities may extend to accepting or rejecting presidential nominations or considering treaties negotiated by the executive branch. Since the House of Representatives normally initiates legislation involving funds, it has a fiscal interest in authorizations and appropriations to implement treaties and to provide funds for agency staff.
Committee report of oversight activities. In formal oversight activities, the investigating mandate empowers the committees to issue subpoenas, take sworn testimony, and seek contempt citations against those not complying with its demands for records, papers, or testimony. Formal oversight also includes special investigations such as those conducted by the House Select Committee on Assassinations and by the House Judiciary Committee in its impeachment proceedings.
Informal oversight consists of hearings scheduled by the chairman of a committee or subcommittee. Such oversight proceeding may be initiated by the chairman in agreement with the panels membership, by joint action with the ranking minority member, or at the- direction of the full committee.
L A
Since each committee is required to file a report on its overs'lant activities at the end of each Congress, a copy of this report shoi The
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submitted to the National Archives with the oversight files as a guide to the committee's oversight activities. It could serve a function similar to that of the cross-reference sheet.
When a committee decides to conduct a formal investigation or to review the performance of an agency or program, it opens an oversight file. Normally such files are kept according to the subject of the oversight.

FILE CONTENTS

The following items, as applicable, should be retained in every oversight file:
-written and printed material prompting the investigation or
oversight hearing
-the initiating document
-press releases
-executive branch referral correspondence
-items appearing in the Congressional Record germane to the
investigation or hearing
-a copy of committee or subcommittee minutes of meetings relevant to the hearing or investigation
-substantive staff communiques marked in sequence to assure
refiling in the correct order
-support studies relevant to the subject of the investigation or
hearing, if not otherwise printed
-studies contained in Committee prints issued by the committee
or subcommittee conducting the investigation or hearing
-the hearing transcript if not printed
-committee reports resulting from the investigation or hearing -committee correspondence requesting information and responses
-subpoena facsimiles
-a cross-reference sheet
If a committee of the Senate conducts a parallel or related investigation or oversight hearing, the following items should be added to the oversight file:
-committee reports resulting from the investigation or hearing Senate reports on the findings of committees conducting hearings on treaties and nominations should be placed in the appropriate oversight file.





18
CommirrEEFILE-HoUSE ITEMS
Written and printed material prompting the investigation or hearing. These documents can include newspaper articles and editorials, as well as letters from constituents alleging mismanagement in executive agencies and programs. Preliminary staff notes and General Accounting Office reports may prompt an investigation or a hearing, and these should be included in the oversight file. Newspaper reports about ongoing investigations and oversight proceedings need not be entered into the oversight file.
The initiating document. In the case of a formal investigation, the resolution of inquiry adopted by the House of Representatives is the initiating document and should be placed in the investigatory file. For informal hearings, the initiating document might be an agreement of the committee's members, letters or memoranda between the chairman and ranking minority member, a vote of the full committee, or staff memoranda expressing initial inquiry findPress Releases. These items should be retained in reverse chronological order in the committee's oversight and legislative files. They could be useful in determining and clarifying the intent of the committee.
Executive Branch referral correspondence. Such correspondence could include letters initiated by executive agencies directed to committees or subcommittees planning oversight proceedings.
Congressional Record items. During the oversi ht proceeding, statements relevant to the matter may appear in the Congressional Record. These should be clipped and entered into the oversight file. It is important to include any statements made by members of the committee or subcommittee conducting the oversight proceeding. Items from the Record should be marked with page and date and be maintained in reverse chronological order.
Copy of committee or subcommittee minutes of meetings. The documents that initiated the proceedings will be included as the initiating document. Minutes may also contain the deliberations by the committee or subcommittee prior to the initiation of an oversight proceeding or digests of committee or subcommittee meetings. Subcommittees should retain a copy of such minutes in their oversight file and provide a copy of their minutes to the full committee. (See Chapter 2 on Subcommittee minutes for a Legislative File).
Substantive Staff correspondence. This could include memoranda delineating preliminary findings prior to the hearing or investigation, analysis of documents disclosed through the proceeding, and tentative findings and recommendations.
Support studies relevant to the subject of the investigation or hearing. Relevant unprinted studies may originate with the General Accounting Office, the Congressional Research Service, other congressional support agencies, or executive agencies and should be retained in the oversight file. If the support studies are too numerous and bulky, they may be segregated into a separate file bearing the name of the subject of the investigation or hearing. If they are




19
manageable, they should be retained in the oversight file and marked clearly for easy identification. A cross-reference sheet could be maintained to provide an informative bibliographic citation for each item. (See Chapter 2 on Cross-reference sheet for a Legislative File).
Committee prints produced as a result of a hearing or investigation. Since committee prints are often issued without any public bibliographic identification, care must be taken to ensure that those prints produced as a result of a hearing or investigation become a part of the oversight record.
If the print is not bulky, it should be placed in the oversight file. If too large for the file, it should be cross-referenced. An easy way to do this is to photocopy the cover page of the print and place this copy in the file, showing where the complete committee print can be found within the committee's records.
The hearing transcript if the hearing was not printed may be archived, but it should be noted that most of the time investigatory or oversight proceedings will be printed and will be archived in this form. However, if the hearing transcript is not printed, it is imperative that it be retained and placed in the oversight file. (See Chapter 2 on Hearing transcript for a Legislative File).
Committee reports resulting from the investigation or hearing. The committee conducting the investigation or hearing may adopt a formal report of its findings. The report may contain both majority and minority views. (See Chapter 2 for a description of a committee report for a Legislative File.) Committee reports are voted by a committee and are official documents which bear identifying numbers. They should be retained in the oversight file or referenced to bound collected sets.
Committee correspondence requesting information and responses. This correspondence is initiated by the committee and directed to an executive agency.
Subpoena facsimiles. A copy of each subpoena issued by the committee or subcommittee conducting a formal investigation should be retained in the oversight file.
Cross-reference sheet. A cross-reference sheet is useful when studies pertaining to oversight functions are not found in the oversight file but located elsewhere among the committee records. This sheet could provide an informative bibliographic citation for each relevant document and might give a brief description of each item and where it can be found. (See Chapter 2 on Cross-reference sheets for a Legislative File.)

COMMITTEEFILE-SENATE ITEMS
Congressional Record items. Statements made in Senate discussion on the subject of a House investigation or oversight hearing should be placed in the oversight file in order that the House Committee may be aware of issues considered by the Senate.



49-663 0 79 4





20

Senate committee reports. Any reports filed by a committee of the Senate conducting an investigation or hearing on the same subject as that being reviewed by a committee of the House of Representatives should be placed in the House committee's oversight file.
The foregoing paragraphs are neither exhaustive nor exclusive. They are intended to be guidelines to materials that could be included in a committee oversight file. Retention of the oversight file is essential to the ongoing oversight function of committees of the House of Representatives and to the whole House. If the committee considers the retention of additional items in an oversight file, attention should be given to the items'volume, value, and historical significance. Similar consideration should be given to those items a committee chooses to excise from its oversight files.












CHAPTER IV: ADMINISTRATIVE RECORDS

TYPES OF COMMITTEE ADMINISTRATIVE RECORDS

Administrative or housekeeping records accumulate during a committee's conduct of current business and provide documentation for daily, routine transactions necessary to complete this business. Administrative records generally concern committee personnel, financial and fiscal affairs, office facilities, and office operating
procedures. The categories covered in this chapter describe the kinds of records that are usually found in a committee's administrative file. The categories are:
1. Personnel
2. Equipment and Supplies
3. Office Space and Maintenance
4. Travel
5. Accounting
6. Office Procedures
7. Summary Activities
8. Miscellaneous
Many records may be disposed of by House committees because duplicate copies of the records are maintained in other permanent files. For example, the House Administration Committee maintains
the original permanent records dealing with the hiring of consultants by committees.
These instructions are not intended to provide guidance to the committees and agencies of the House of Representatives which maintain the permanent files. These instructions are intended to assist House committees in the disposition of their routine administrative records.

DISPOSITION SCHEDULES FOR ROUTINE ADMINISTRATIVE FLESH
1. PERSONNEL

DESCRIPTION OF RECORDS A UTHORIZED DISPOSITION
Personnel records consist of:
-resumes and recommendations At the end of each Session
-personnel files Dispose of one Congress after employee
has been terminated
a. employee leave records b. staff training records
c. leave records
-consultants file Dispose of one Congress after consultant has been terminated
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22

2. EQUIPMENT AND SUPPLIES

This category- of Administrative Records Purchase orders or obligations should be
includes vouchers, invoices pur- retained for 6 years. 3 months if not
chase orders, etc., concerning: maintained by the Clerk of the
House
-furniture
-equipment
-services
-sta tionery
-telephone and telegraph
-cable account
-petty cash
-invyen tories
-leased equipment

3. OFFICE SPACE AND MAINTENANCE

Office Space and Maintenance records
c-onsist of-commit tee rooms
-roomn assignments and use
-requests for use of committee rooms Dispose of at the end of each Congress
for noncommittee purposes
-parking assignments
-pupers relating to acquisition and assignment of office space outside of
Was hington, D. C

4TRA VEL

Records relating to official travel and
transportation include:
-travel registers
-transportation requests Dispose of after two Congresses
-tra vel orders and vouchers
-related materials connected with travel, such as hotel reservations and
reimbursement for expenses

5. ACCOUNTING

Auounling records are those which docu men t comm it tee acquisitions.
use and accounting of funds.
They' include:
-journalis Dispose of after two C"on gresses
l(lger books -vo~ucher files






23

6. OFFICE PROCEDURES

Office Procedures records consist of files Keep until obisoicte rur-superweded byv new,
concerning the support fun ctions direculitcs
for running the office. They inzclude:
-internal committee administrative
memorandum
-information about staff meetings
-office manuals
-master set of committee form letters -directions on final disposition of
committee papers
-directions on handling security records
-directions from outside the comm ittee relating to committee operation

7. MONTHLY ACTIVITY REPORT

The Monthly Activity Report is a sum- Should be kept as a reference for one C2onmary of the activities of the gress and then sent to Archiv'es
committee and is required by the Committee on House Administra tion

8. MIScELLANEOUS

This category of Administrative Files in- Keep until no longer of use by the comcludes categories of records that mittee or one Congress
may apply to each committee.
It may include Directory Service Files
and Security Files











CHAPTER V: PROCEDURES FOR ARCHIVING RECORDS

COMMITEE PROCEDURES FOR ARCHIVNG RECORDS

The enormous increase in the volume of records generated by the House of Representatives has made necessary the development of the procedures discussed in the preceding chapters. This increased volume of records has also created a corresponding need for additional storage space. At the present time records are stored in the House Office Building-Annex 2, the National Archives, and the Federal Records Center at Suitland. Proper organization of committee records, combined with recommended disposition schedules, will aid in reducing the rate of storage record space buildup.

FULL COMMITTEE RESPONSIBILITY FOR ALL ITS RECORDS INCLUDING SUBCOMMITTEE RECORDS
Rule XI, 2 (e)(1) & (2) of the Rules of the House of Representatives contains provisions relating to the record requirements the House establishes for its committees. It should be noted that under Rule XI, 1 (aX2) subcommittees are part of the committee which created them. Subcommittees should fulfill the record maintenance and disposition requirements found in Rule XI and Rule XXXVI through their committee and not separately. This means that all subcommittees, if their records are kept apart from those of the full committee, should turn their boxed, non-current records which are prepared for transmittal over to the full committee for archiving. Both subcommittees and full committees should consider microfilming the records they intend to archive. Assistance in preparing records for microfilming may be obtained from House Information Systems.

CLERK'S OFFCE PROCEDURES FOR ARCHIVNG RECORDS

The Clerk of the House has major responsibility for the archivin of committee records and has established procedures for their transmittal, storage, and retrieval.
Transmittal
The Clerk is directed by House Rule XXXVI to receive, and, if necessary, take into his keeping all papers and testimony of the several committees of the House. Prior to the end of each Congress, the Office of the Clerk notifies each committee that a seminar will be held to assist them in preparing their records for transmittal to the Clerk at the close of each Congress. (Attachment A.)
At this seminar the committee representatives are informed of the Clerk's authorization for handling the transfer of records (Rule XXXVI) and given general instructions to be used when records are transmitted for archiving. An instruction sheet for labeling the
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boxes to be archived is also distributed at this seminar. (Attachments B and C.)
At a later date, usually about two months after the due date for the transmittal of records, the Clerk sends one of two letters to those committees which have failed to forward their non-current records to the Clerk or have forwarded a limited amount of material to the Clerk. One letter (Attachment D) is sent if a committee has not forwarded any papers and reminds the committee of its responsibility under the Rules of the House to archive its records. The other letter (Attachment E) is sent to committees which have forwarded what appears to be only a portion of their papers. The letter acknowledges that the Clerk has received a specified number of boxes of materials.
The Clerk also provides upon request necessary supplies to archive material. Attachment F is a copy of a supply request form listing the items the Clerk's office will supply, i.e., boxes, gummed labels (Attachment G) and transmittal sheets. (Attachment H.)
Storage
When the committees deliver their files to the Clerk, each box should contain four copies of the transmittal sheets, itemizing the contents. One copy is retained in the Office of Records and Registration (R&R) and incorporated into the committee's permanent file of retired records. One copy is returned to the Committee Chairman with a letter of receipt. (Attachment I.) One copy is enclosed in the actual file box. The last copy is forwarded to the National Archives at the time the records are transmitted.
The Clerk's office briefly examines the records upon initial receipt to determine that:
-the appropriate number of transmittal sheets have been enclosed with each box
-the transmittal sheets agree with the external labels
-the number of boxes transmitted is in agreement with the
number of boxes noted on both the labels and transmittal
sheets
When the records are transmitted to the National Archives, a letter acknowledging the transfer is sent to the Archivist. (Attachment J.) The Clerk's office updates its permanent record to show that the committee's retired records have been transferred to the National Archives for storage. (Attachment K.)
Retrieval
The Clerk monitors access to the retired records forwarded to him under the House Rules and in accordance with House Resolution 288. (Attachment L.) Requests for retired records must come from authorized committee staff members who belong to the committee which forwarded the records or to a successor of that com4
mittee if its name has been changed. Committees must submit to

4 For example the Committee on Public Lands was renamed the Committee on Interior and Insular Affairs in 1951. In 1947 the function of the Committee on Naval Affairs was assumed by the House Committee on Armed Services.





26
the Clerk a list of authorized staff members who are currently entitled to request retired records. (Attachment M.)
When making a request for records the authorized staff member must:
-identify the Congress to which the records pertain
-identify the file box numbers, if available
-identify the title of records and/or a description of the contents
The request is entered on a "Request for Archived Records" form supplied by the Clerk's office. (Attachment N.)
The Clerk's office retrieves the stored records from one of two sources:
-The National Archives, which stores records which are older
than the two most recent Congresses
-The Office of Records and Registration of the Clerk's office,
which stores records for the two most recent Congresses
The. committee is notified by the Clerk when the requested records are available.
If the records are stored at the National Archives, an authorized committee staffer must sign the National Archives "Loan Receipt" slip when taking possession of the material. (Attachment 0.) The individual who returns the records to the Archives must also sign the "Loan Receipt" slip when the pick-up is made. This slip serves as a record of the transaction and is kept on file in the Clerk's office.
If the requested material is stored by the Office of Records and Registration because the records are from the last two Congresses a similar check-out system is followed. (Attachment P.)
It should be noted that, while retrieved records are in the custody of a committee, the responsibility for access to these records lies with the committee and the records must be handled in accordance with the Rules of the House of Representatives. (See especially Rule XXXVII and House Resolution 288, 83rd Cong.)










CHAPTER VI: MANAGING SENSITIVE RECORDS

TYPES OF SENSITIVE RECORDS
Although the House of Representatives does not make use of a formal system of information security arrangements such as are found within the Executive Branch, it has a need, nevertheless, to protect sensitive information, whether provided by other official entities, acquired from private sources, or originated in the Congress. Such materials may be supplied voluntarily with an understanding that no Legislative Branch disclosure will occur or, as recently happened,5 information may be grudgingly transmitted to the Congress with only a fervent hope that its confidentiality will be maintained.
"Sensitive information" is usually temporal in nature-its need for being classified may lessen with the passage of time. Its character is such that its premature disclosure could result in the conveyance of an unwanted advantage-e.g., political, economic, or bothto others. Or such release might be regarded as an unwarranted violation of a fundamental societal value such as "invasion of personal privacy" or "contrary to sound business practices."
In more specific terms, existing legal authorities suggest types of information which appear to warrant protection within the Executive Branch and, therefore, might be regarded as "sensitive" within the Congress. These materials, so identified, pertain to or include:
-national defense or foreign policy6
-national security7
-classified information"
-diplomatic codes9
-intelligence sources and methods'0
-law enforcement investigatory files"
-trade secrets 12
-commercial or financial matters13
-or personal privacy14
-While other such references undoubtedly could be added to
this list, these examples are among the more obvious concepts
conveying a sense of "sensitive" information.'5

5Ashland Oil, Inc. v. FTC, 409 F. Supp., 297 (D.D.C. 1976), affirmed 548 F.2d 977 (D.C. Cir.
1976).
6 See 5 U.S.C. 552(bX).
7See E.O. 11652 and E.O. 12065.
8See 18 U.S.C. 798, 50 U.S.C. 783.
9See 18 U.S.C. 952.
10See 50 U.S.C. 403(dX3) 403g.
"See 5 U.S.C. 552(bX7).
12 See 18 U.S.C. 1905.
13 See 5 U.S.C. 552(b)(4), 552(bX8); a study by the Department of Justice has identified a multiplicity of laws regarding executive branch protection of business information held by the departments and agencies; see U.S. Commission on Federal Paperwork. Confidentiality and privacy. Washington, U.S. Govt. Print. Off., 1977, pp. 26-27. 14See 5 U.S.C. 552(bX6), 5 U.S.C. 552a.
"5For example, this list overlooks "restricted data," a particular type of sensitive atomic energy information defined by the Atomic Energy Act (see 42 U.S.C 2161-2166).

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While a variety of ways exist for identifying sensitive information, at least one type of record is presented to the Congress with a clear indication of its protected status. Classified documents are marked with identification labels-"Top Secret," "Secret," and "Confidential"-by executive branch personnel, indicating that their contents met prescribed standards for the creation of official secrets. Today, after many years of evolution, various congressional committees have specified rules for managing classified materials. Others have developed procedures for safeguarding various types of sensitive data.
The following paragraphs explore some of the matters which confront a committee attempting to effectively manage classified and sensitive information and documents furnished to them directly or indirectly by Federal departments or agencies, other committees, other governments, or private sources. While the primary reference in this discussion is to classified materials, committee staffs who are responsible for records management practices and procedures hopefully will find guidance in these paragraphs with regard to handling various types of sensitive information. For the most part, committee staff should exercise special care in managing minutes or transcripts of closed executive sessions, confidential or privileged communiques to or transmitted within the panel, and information which could defame or damage the reputation of an individual.16
Protection practices
Having determined that it must have access to a sensitive document held by the Executive Branch, a committee, in order to use the record in question, may have to pledge to protect its contents from public disclosure. If no such precondition is set, then the committee should determine whether or not the information at issue warrants safeguarding and, if so, if this should be accomplished by inspecting the material at its executive branch source rather than removing it or accepting a copy or facsimile and protecting it in committee off-ices.
If such sensitive records are kept in committee offices, the following physical safeguards may be pursued in whole or in part:
maintenance of a secure room or storage area
-with limited means of entry and exit
-contained by locked doors
-protected against unauthorized entry by alarms
-resistant to fire or entry other than through doorways and
-free of unauthorized surveillance devices
maintenance of secure files
-with protective locks
-resistant to fire or other than a determined effort at physical
penetration
-protected against unauthorized entry by alarms and

"'See Rales of the House of Representatwes, Rules X1, 2fkx.-)XA) & (B) and Rule X1, 2(kX7).




29
-secured to the floor or wall
sensitive document identification
-name of committee of custody imprinted on document
-sensitivity indicator such as a warning label and/or a control
number
These options are available for the physical management of sensitive information. In addition to these, certain administrative or monitor safeguards also may be pursued in whole or in part, including:
appointment of a document clerk or security officer to specifically manage sensitive documents
-guards for the secure room or storage area with authority to check visitor identification and maintain a visitor log
-maintenance of a document log for each protected record indicating each document's committee issued control number and source of item, receipt date, and/or users of document with
date and purpose of inspection
-on-site inspection only of committee held sensitive documents with no allowance for copying or reproduction of same
-limitations on staff access to sensitive materials by designating a small number of authorized users with others having a needto-know criterion for access and
-periodic clearance of document log, sensitive documents no longer needed by the committee either being returned to executive branch source or being properly destroyed (date and
manner of disposal noted on document log)
Member responsibility
There are times when Members of Congress need access to sensitive information to perform their committee duties. Members who use sensitive materials must take the necessary steps to insure that such material is safeguarded and is not released to the public. Members who are responsible for the safekeeping of such material should realize that sanctions may be imposed on them by the House of Representatives or the affected committee if they do not comply with House and committee rules.
Therefore, it is imperative that Members be made aware when they are handling sensitive material. It is suggested that the authority which created the sensitive record, i.e., executive branch order or regulation, House chamber and/or committee rule, and statutory provisions of law should be clearly indicated on the material. In addition, Members should know the disclosure restrictions placed on each type of sensitive document held by a committee on which they serve.





30
Staff responsibilities
Since the leadership of a committee bears a responsibility to inform members of the committee and committee employees that certain sensitive records have been obtained from the Executive Branch and that the committee has assumed responsibility for their safekeeping, it is necessary that each committee establish and distribute general rules or procedures for safeguarding protected materials to their staff members.
Usually the chairman and ranking minority member of a committee or, by delegation, the staff director or subcommittee leadership, determine which employees will have unrestricted access to safeguarded documents held by the committee and which personnel will have limited or need-to-know access to such material. Basic management considerations recommend that the staff director, leader of the minority staff, chief counsel, certain supporting counsels, chief clerk, and certain supporting clerks of the full committee have unrestricted access as well as the staff director, counsel, chief clerk and a supporting clerk of each subcommittee. These general guidelines, however, must be tempered by each committee's needs.
Such matters as the rigidity of secrecy desired, the volume of protected documents handled, and the suitability of staff for receiving safeguarded records for whatever purpose must be considered when determinations are made as to who will have access to these records. However, even committees which normally do not receive sensitive records from executive departments or agencies should have a minimal number of staff available to receive such materials for Members serving on the panel in case an emergency arises and staff members are required to deal with such materials.
A committee making rules for handling sensitive material should establish procedures that include:
-a formal statement declaring such materials sensitive
-formulate rules for access to such materials
-list committee personnel who will have access to materials
Executive branch materials
Officially secret material of the Executive Branch is another matter. In order to receive this type of material, a committee employee obtains a security clearance. Several forms of clearance are available and circumstances may determine which option should be used to obtain access to sensitive records. Clearances may be obtained from the Federal Bureau of Investigation (FBI), the Department of Defense (DOD), Central Intelligence Agency (CIA), the Department of Energy (DOE), and the (5fflice of Personnel Management (OPM)/General Accounting Office (GAO) depending on the type and origin of the sensitive record one must handle.
For example, a committee chairman may present the applications of staff members deemed to require a clearance to the FBI which conducts the appropriate background investigations. These are full field investigations which are suitable for granting the highest level of security clearance. When a committee staff member seeks classified information from a department or agency, the suitability of that individual for receiving such sensitive material largely rests upon the background findings developed by the FBI.




31

If a committee seeks access to classified materials held only by the DOD, applications for staff security clearance may be submitted directly to the department for processing.
Recent clearance developments
A short time ago, there was some concern in the House over the propriety of the executive agencies investigating congressional staff, for whatever purpose, and maintaining dossiers on these personnel. Seeking an alternative arrangement to the one involving the FBI, the House Committee on Government Operations established a different security clearance plan in 1975 using the Civil Service Commission (CSC) and involving the General Accounting Office (GAO). 17
Under the Government Operations Committee procedure, the chairman
requests necessary clearance investigations (top secret). The requests are channeled through GAO (a legislative branch agency) to CSC as GAO's agent in performing national security checks and full-field investigations on
a reimbursable basis.
Upon completion of the national security check, GAO advises the chairman for interim clearance or employment purposes.
Upon completion of the full-field investigation, all reports and papers
generated by CSC are sent to the Security Office of GAO. That office reviews the file and provides a written advisory opinion to the chairman as to the suitability of the individual for clearance. This opinion is based on criteria established in Executive Order No. 10450 issued in 1953, and as subsequently amended.
The opinion-and the file-are sent to the chairman, who issues or declines clearance for the individual. In turn, the staff member is advised of the decision, in writing, by the chairman. A copy, for reference control purposes, is forwarded to GAO *
Executive Branch agencies requiring security clearance verification receive it by contacting the Security Office at GAO. Is
Suitability alone does not guarantee access to classified materials; other factors involved in the determination to provide protected records might be the "need-to-know" justification for making the documents available or a determination that sensitive intelligence information is involved which requires absolute protection. (See 50 U.S.C. 403(d)(3)).
Hiring
Committee staff, as a condition of employment, may be required to sign an oath to the effect that they will not reveal sensitive information held by their panel in a protected status. This is an agreement with their employer, a division of the Legislative Branch, and not any outside governmental entity and thereby avoids any breach of the separation of powers doctrine of the Constitution. Any failure to honor such an oath creates a breach of contract and can result in immediate punishment including a dismissal from employment. At present, the House Permanent Select Committee on Intelligence uses an information secrecy oath arrangement.
17 Civil Service Commission reorganized and this responsibility assumed by Office of Personnel Management (OPM).
18 House Government Operations Issues Own Security Clearance, Staff, v. 1, 95th Congress, Issue 5:1.





32
Training
Finally, the leadership of a committee staff bears a responsibility to provide, and the personnel bear a responsibility to acquire, training regarding the proper handling and use of protected records and documents. Such an education might include:
-factual and procedural matters relating to sensitive records
-background information relating to the reasons for and kinds
of security classification used within the Executive Branch
-the reasons why sensitive information is safeguarded by a committee and
-the consequences for publicly disclosing such materials
Enforcement mechanisms and procedures
Depending upon the circumstances of the situation, a disclosure of properly classified documents by a Member of Congress may be an action outside of the scope of the immunity clause of Article I of the Constitution and could subject a Representative to criminal prosecution. 19
Questions as to whether or not a Member has improperly handled protected information must be carefully considered in the House by the Committee on Standards of Official Conduct.
Congressional staff employees are embraced by the immunity clause of Article I of the Constitution only to the extent they are assisting a Member in the performance of duties governed by the provision.20
If a legislative branch employee were to release protected information held by a committee on his or her own initiative, then that individual would be subject to disciplinary action by the chamber served, by the committee in question, or under the relevant laws of the United States. Committee personnel found to be improperly disclosing information under the panel's control could be punished directly by the committee or brought before the House Committee on Standards of Official Conduct. Punishment in such cases will depend upon findings and the gravity of the infraction and may include, but not be limited to, dismissal, suspension, or the forwarding of findings to the Justice Department for action.
In most cases involving an infraction against a particular committee's rules, the chairman of the panel involved would probably take direct action with regard to his or her own employees. VVhere a congressional staff member outside of a committee had breached information protection conditions established by that body, the matter is likely to be referred to the Committee on Standards of Official Conduct for necessary action.
Cost
Because security clearances are expensive, the leadership of a committee with a large staff may wish to carefully identify only a limited number of personnel who will be authorized to handle executive branch classified documents.

19 See 18 U.S.C. 793, 18 U.S.C. 794, and 18 U.S.C. 798, and for an understanding of their applicability see Gravel v. United States, 408 U.S. 606 (1972). 20See Gravel v. United States, 408 U.S. 606 (1972); Doe v. McMillan, 412 U.S. 306 (1973).




33
Archival considerations
At the close of each Congress, committees of the House of Representatives submit their records to the Clerk of the House in order that they may be deposited at the National Archives.
Records which are no longer needed by the committee and which were provided by an executive branch agency might be returned to the originating agency. Other records might be destroyed when the file is purged. Records which are deemed essential to the committee and which may be of future value may be forwarded to the National Archives using procedures agreed to by the committee, the Clerk of the House, and the Archivist.
In preparing materials to be archived classified material should be separated from non-classified materials. The classified materials should be stored in a secure facility. Separating the two kinds of records will reduce the amount of space needed to store classified materials. A cross-reference system could be used to indicate the disposition of specific files. A document log will facilitate this process, identifying all sensitive records, their final disposition, and their historical relevance to the activities and operations of the committee.
If retired records are needed by a committee an authorized committee staffer should contact the Clerk's office for retrieval of the retired records as described in the retrieval section of Chapter V. Special procedures should be established by the committee when the request involves sensitive records.
The committee staffs should consider establishing procedures whereby authorized personnel would be aware of the current status of sensitive materials in the possession of the committee or which has been archived.
An authorized committee representative should contact the proper executive branch agencies at the end of each Congress and determine if materials the committee has received have been reclassified or declassified and update the committee's records. Also at the end of each Congress an authorized committee staff representative should review the committee's files and recommend to the chairman of the committee action to revise the status of the committee's sensitive records. When a committee recommends changes in the status of sensitive records sent to the National Archives, it should notify the Clerk's Office and the National Archives that it has taken this action. 21










21 Nothing in the above discussion should be construed to change, modify, or in any way affect the meaning of the Rules of the House of Representatives with regard to the manner in which sensitive records are identified, managed, or disposed of.







CHAPTER VII: PERSONNEL

RESPONSIBILITIES OF PERSONNEL DEALING WITH RECORDS

Chief'Clerk or Staff Director: This staff member of the committee has responsibility for committee-wide files management and records disposition program direction, guidance, and technical assistance. If neither of these staff members of the committee can personally perform the duties these responsibilities require, another member of the committee staff may assume these responsibilities under the direction of either the chief clerk or staff director. This individual would be the committee's Records Management Clerk.
Records Management Clerk: Working under the direction of the Chief Clerk or Staff Director this clerk of the committee would have the following duties:
-Planning, formulating, and prescribing basic file management
and records disposition policies, systems, standards and procedures for the committee and its subcommittees
-Coordinating the overall files management and records disposition program and evaluating program effectiveness
Providing records management advice and assistance to all
committee and subcommittee components
-Developing, analysing, and coordinating files maintenance and records disposition procedures, including those prescribed by this handbook and the Clerk of the House, to meet the operating needs of the House
-Inspecting and surveying the system at the committee and subcommittee level for conformance with prescribed procedures, and advising the appropriate House Administration Committee officials of evaluation findings and recommendations for improvement
-Reviewing and evaluating filing equipment utilization and recommending appropriate corrective action
Serving as liaison with the House Administration Committee and the Office of the Clerk of the House on matters relating to records management and preparing committee files for archiving
-Developing procedures relating to the identification, management, disposition of sensitive records
A specific individual should be given these responsibilities so that other committee personnel may receive guidance as to the disposition of committee records. Furthermore, the designation of a Records Management Clerk should result in the committee's filing operations being organized according to general House guidelines, non-permanent records being purged and a more uniform procedure for meeting the committee's archiving responsibilities.
(34)









GLOSSARY
Public bill is designated "HR" if it originates in the House of Representatives and "S" if it originates in the Senate. Such a bill deals with general questions such as taxes, energy, and cl,,,,Il rights. Such legislation, if approved by the Congress and signed by the President, becomes Public Law.
Private bill is designated in the same manner as a "public bill." A private bill provides one or more specific individuals with relief' and includes such matters as immigration and naturalization cases, claims against the government, and land titles. Such legislation, if approved by Congress and signed by the President, becomes a Private Law.
Joint resolution is designated "HJ Resolution" if it originates in the House of Representatives and "SJ Resolution" if it originates in the Senate. Both houses must approve joint resolutions and they are submitted to the President for his signature. If signed they have the force of law. Joint resolutions are generally single-purpose enactments such as the extension of a statute about to expire. Constitutional amendments take the form of a joint resolution. Such proposals require two-thirds majorities in the House of Representatives and the Senate, but do not require the President's signature. Ratification of a constitutional amendment requires favorable action by three-fourths of the states.
Concurrent resolution is designated "H Con Res" if it originates in the House of Representatives and "S Con Res" if it originates in the Senate. Such a resolution requires favorable action by both chambers of the Congress. Such a resolution does not require the President's signature nor does it have the force of law. It is used for matters which concern both chambers of the Congress. Such a resolution is used when Congress fixes the time for its adjournment. A concurrent resolution is used when the Congress desires to establish or amend rules which are to apply to both chambers. The Congress also uses the concurrent resolution when it desires to express its sentiments on a particular matter.
Resolution (Simple resolution) is designated "H Res" if it originates in the House of Representatives and "S Res" if it originates in the Senate. Such resolutions deal with concerns involving matters that fall within the jurisdiction of only one chamber. A simple resolution is used, for example, when one of the chambers creates a select committee or amends its rules, seeks to express its condolences to the family of a deceased member, desires to express the sentiments of one of the chambers on a particular matter, or desires to "advise" the executive branch of its sentiments on a particular matter.
Committee report is a document usually issued on legislation when it is discharged from a committee and presents a detailed explanation of the committee's reasoning for the need of the propos(35)





36

al. Such a report may also contain the views of the minority on the committee who oppose the enactment of the proposed legislation. If the committee that issued the report is a committee of the House of Representatives the report is designated H Rept while if the report originated in the Senate it is designated S Rept. A conference committee report is numbered and designated in the same way as a regular committee report.
House document is a general term used to designate official materials issued in the name of the chamber. Examples are printings of Presidential messages, the Budget, and supplemental communications.
Committee print is a general term used to designate materials printed for the committee. It includes studies commissioned by the committee, statistical tables, and bibliographies of committee publications.
Committee calendar is a chronological listing of the subjects and status of matters the committee is considering. At the end of each session committees publish a calendar that reviews action taken by the committee during the session.
Docket book is a log. It is often hand kept and is a small version of the calendar. It lists the matters for decision the committee intends to consider.
Exhibit is physical evidence, such as charts, graphs, and other visual presentations, provided by a witness before a committee or subcommittee.
Hearing is an information gathering proceeding held by a committee in which written and verbal testimony is taken. Among the types of people who testify before a committee are experts in the matter under consideration, government officials, and representatives of the interests affected by the legislation or proposal. Since 1946 Senate committees have possessed "general" subpoena power and since 1974 House committees and subcommittees have possessed similar power. The subpoena power permits the committees to summon reluctant witnesses. Committee sessions are designated "open" which means that the public and the press may attend the meeting and "closed" or "executive session" which bars the public and the press.
Memorial is addressed to the House of Representatives or the Senate and is an appeal from an organization or group that the legislative chamber oppose some particular piece of legislation or government practice. The term "memorial" is also used to describe any communication from the State legislatures to the Congress, regardless of whether the State legislature is asking Congress to support or oppose some particular course of action.
Petition is addressed to the House of Representatives or the Senate and is an appeal from an organization or group that the legislative chamber act favorably on a particular proposal before the chamber or act to take steps to initiate action on a matter not yet before the chamber.





37
Minutes are the notes or brief summary of meeting or hearing of a committee or subcommittee.
Public law is a bill which has passed both houses of the Congress in identical form and which has been: 1. signed into law by the President; 2. allowed to become law without the President's signature; 3. repassed bv two-thirds majorities in the House of Representatives and the enate after being vetoed by the President.
Statement by the President when signing a bill into law is an oral or written communication which describes the benefits to be derived from the new law and acknowledges the legislators and other interested parties who were closely associated with promoting the legislation.
Veto message is a statement sent to the chamber of the Congress where the proposal or* inated which gives the President's reasons for not signing this bill into law.
Conference report consists of: 1. a bill called the conference version which has been approved by a majority of the managers appointed by each chamber to an ad hoc committee, the conference committee, after bills on the same subject have passed each of the houses of Congress in different forms and on which neither chamber would accept, at least at the outset, the language of the other chamber. The conference version sent to each chamber contains the language agreed to by the managers and recommends approval in this form which will permit passage of legislation in identical language by both chambers which is required to complete legislative action on a bill; 2. a descriptive statement of the provisions of the conference version.
Press release is a communique from the committee to the news media, advising the public of activities scheduled, witnesses called or wishing to testify at hearings, or positions taken b the majority and minority on the committee.
Casework communique is a written statement from a member, member's staff, committee, or committee staff, research agency such as Congressional Research Service, executive agency dealing with a problem of member or committee. Frequently the subject has to do with a constituent or private group organization request for information or action.
House communique is a written statement expressing the sentiment of a Member, committee, or officers of the House on a matter of concern to the designated party.
Senate communique is a written statement expressing the sentiment of a Member, committee, or officers of the Senate on a matter of concern to the designated party.
Executive branch communique is a written statement expressing the sentiment of an executive official or executive agency on a matter of concern to the designated party.
Court opinion is a formal statement expressing the reasoning and decision of the judge or judges in a particular case before a particular court.





38
Staff communique is a written statement expressing the sentiment of a committee staff or staff member on a matter of concern to the staff or staff member.
Committee library materials includes standard reference works (dictionaries, thesauri, almanacs, etc.), Congressional publications, Congressional rules and procedures, executive agency publications, and publications relating to committee or subcommittee legislative and oversight responsibilities. Library materials are usually arranged by type and thereunder by subject. They should be reviewed at the end of each Congress, and at that time, surplus, obsolete or unneeded materials may be offered to the Gift and Exchange Division of the Library of Congress.
Subject files are collections which accumulate in anticipation of pending legislation or oversight responsibilities or to provide background information for the consideration of committee or subcommittee members. The files should be arranged by subject and maintained with either legislative or oversight records as appropriate.




39
APPENDIX
RULE XI

RULES OF PROCEDURE FOR COMMITTEES
IN GENERAL
L(a)(1) The Rules of the House are the rules of its committees and subcommittees so far as applicable, except that a motion to recess from day to day is a motion of high privilege in committees and subcommittees.

RULE XI

RULES OF PROCEDURE FOR COMMITTEES
IN GENERAL

L(a)(2) Each subcommittee of a committee is a part of that committee, and is subject to the authority and direction of that committee and to its rules as far as applicable.

RULES XI

RULES OF PROCEDURE FOR COMMITTEES
COMMITTEERULES

Committee records
2.(e)(1) Each committee shall keep a complete record of all committee action which shall include a record of the votes on any question on which a rollcall vote is demanded. The result of each such rollcall vote shall be made available by the committee for inspection by the public at reasonable times in the offices of the committee. Information so available for public inspection shall include a description of the amendment, motion, order or other proposition and the name of each Member voting for and each Member voting against such amendment, motion, order, or proposition, and'whether by proxy or in person, and the names of those Members present but not voting.

RULE X1

RULES OF PROCEDURE FOR COMMITTEES
COMMITTEERULES

Committee records
2.(e)(2) 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 House and all Members of the House shall have access thereto, except that in the case of records in the Committee on Standards of Official Conduct respecting the





40
conduct of any Member, officer, or employee of the House, no Member of the House (other than a member of such committee) shall have access thereto without the specific, prior approval of the committee.

RULE XI

RULES OF PROCEDURE FOR COMMITTEES
COMMITTEE RULES
Investigative hearing procedures
2.(k)(5) Whenever it is asserted that the evidence or testimony at an investigatory hearing may tend to defame, degrade, or incriminate any person,
(A) such testimony or evidence shall be presented in executive session, notwithstanding the provisions of clause 2(gX2) of this Rule, if by a majority of those present, there being in attendance the requisite number required under the rules of the committee to be present for the purpose of taking testimony, the committee determines that such evidence or testimony may tend to defame, degrade, or incriminate any person; and
(B) the committee shall proceed to receive such testimony in
open session only if a majority of the members of the committee, a majority being present, determine that such evidence or testimony will not tend to defame, degrade, or incriminate any
person.
In either case the committee shall afford such person an opportunity voluntarily to appear as a witness; and receive and dispose of requests from such person to subpoena additional witnesses.

RULE XI

RULES OF PROCEDURE FOR COMMITTEES
COMMITTEE RULES
Investigative hearing procedures
2.(k)(7) No evidence or testimony taken in executive session may be released or used in public sessions without the consent of the committee.

RULE XXXVI

PAPERS
1. The clerks of the several committees of the House shall, within three davs after the final adjournment of a Congress, deliver to the Clerk of the House all bills, joint resolutions, petitions, and other papers referred to the committee, together with all evidence taken by such committee under the order of the House during the said Congress and not reported to the House; and in the event of the failure or neglect of any clerk of a committee to comply with this




41
rule the Clerk of the House shall, within three days thereafter, take into his keeping all such papers and testimony.
2. At the close of each Congress the Clerk of the House shall obtain all noncurrent records of the House and each committee thereof and transfer them to the General Service Administration for preservation subject to the order of the House. In making the transfer, the Clerk may act jointly with the Secretary of the Senate.

RULE XXXVII

WITHDRAWAL OF PAPERS
No memorial or other papers presented to the House shall be withdrawn from its files without its leave, and if withdrawn therefrom certified copies thereof shall be left in the office of the Clerk; but when an act may pass for the settlement of a claim, the Clerk is authorized to transmit to the officer in charge with the settlement thereof the papers on file in his office relating to such claim, or may loan temporarily to an officer or bureau of the executive departments any papers on file in his office relating to any matter pending before such officer or bureau, taking proper receipt therefor.




A C%
4Z

From the 83rd Congress, 1st Session (June 16, 1953).

H. RES. 288
(REPORT No. 562)

RESOLUTION
Resolved, That the Clerk of the House is authorized to permit the Administrator of General Services to make available for use
(1) any records of the House of Representatives, transferred
to the National Archives, which have been in existence for not less than fifty years, except when he determines that the use of such records would be detrimental to the public interest;
and
(2) any records of the House of Representatives, transferred
to the National Archives, which have previously been made
public.
Sec. 2. Such permission may continue so long as it is consistent with the rights and privileges of the House of Representatives.





43


pbmnmb Jr. Vn9!rfv, 3r. Attachnmnt A $thl~~hf~ k~


(Offire di the Oakr
S O u-z of PyrrtWazd
Pashintont, LV 20515

DecEnber 7, 1978








Dear

Pursuant to House Rule XXXVI the clerk of each ccnttee is
required to deliver to the Clerk of the House within three days of
the final adjournment of a Congress all bills, joint resolutions,
petitions, and other papers referred to the ccumittee, together
with all evidence taken by such ccrnittee under order of the House.
This transmnittal of records should be complete by the close of
business on January 5, 1979.

In order to better assist and inform the ccrittees as to the
procedures involved in this transmittal, I would like to extend an invitation to you to attend a Seminar being held by my Office
of Records and Registration on Decenber 12, 1978 at 10:30 a.m.
in Room 2203 Rayburn House Office Building. This Seminar is
designed to present sane basic procedures and guidelines to follow
when preparing and actually transmitting inactive records to this
office under Rule XXXVI.

If you have any questions concerning the details surrounding
this matter, please feel free to contact Jill Bockorny in my Office
of Records and Registration at 225-1300.





DMUND L. FENSHAW, JR., Clerk
U.S. House of Representatives






44



TLXws Attachment B Ath 4L Pnftj 01WIS
4unk Ofif a paws" Mb pqtak"M




WM* %-ur JIM 20515

TO: Clerks of Camittees, U.S. House of Representatives

FRM: Fdmind L. Henshaw, Jr., Clerk
U.S. House of Representatives

SU&BWT: Transfer of Committee Records to National Archives


Please note the following rule of the House:

"RULE XXxVI.-The Clerks of the several camittees of the Ho)use shall,
within 3 days after the final adjournment of a Congress, deliver to the
Clerk of the House all bills, joint resolutions, petitions, and other papers
referred to the committee, together with all evidence taken by such committee under the order of the House during the said Congress and not reported to the House; and in the event of the failure or neglect of any Clerk of a committee
to cmply with this rule the Clerk of the House shall, within 3 days thereafter, take into his keeping all such papers and testimony."

Papers relating to private claims and pensions should be arranged in alphabetical order, and should be accompanied by 1 bill aid 1 report (if reported).

Papers relating to public bills resolutions, etc., should be arranged numerically with 1 accompanying bill by bill number, and 1 report by report number (if reported).

Petitions and memorials should be arranged numerically.

Papers on a general subject should be assembled together with a copy of bill
or bills to which they pertain.

it is imotant that at least one (1) copy of each printed hearing, as well as ay unprinted hearings, if any, be filed, as this in many cases is the only method to preserve then, hearings not being numbered as in the case of other documents nor distributed from any source other than the committee.

Include 1 copy of final edition of committee calendars.

All minute and docket books should also be turned in, as they will became
part of the Archives of the House.

Hollinger file boxes and labels will be furnished, on request, by the Chief, Office of Records and Registration, Mr. Stephen C. Duffy, Room 1036 Longworth, Phone 51300, in which to file all bills, joint resolutions, petitions, and other papers.

Place all papers in boxes, upright so that labels show; do not use rubber bands on files. Use cord to tie any bundles. Each grey file box should be labeled as to contents and should contain four (4) copies of an index of contents by bill, etition number, or alphabetically arranged. Nwther the boxes in the order of filing.






45



Attachment C

instructions for Labeling Boxes for transfer to National Archives.

Box labels should be typed and placed on the end of the gray box which has a small hole in it. The boxes should be numbered consecutively, and the labels should contain the following information:
1. Name and number of Record Group:
RG 46: Records of the US. Senate
RG 128: Records of the Joint Committees of Congress
RG 233: Records of the U.S. House of Representatives
2. Congress (or inclusive dates)
3. Name of the Committee
4. Name of the series of records: legislative files,
committee papers, correspondence, reports, etc.
5. Contents of the box
6. Box number. 7. DO NOT PACK THE BOXES TOO TIGHTLY, WHEN
THE LEFT SIDE OF THE BOX BEGINS TO BULGE, IT IS PACKED TOO TIGHTLY,




FG 46: Records of the
U. S. Senate

80th Congress EXAMPLES OF SUITABLE LABELS
Judiciary Comm ittee

General Correspondence
A-Z FG 233: Records of the U. S.
House of Representatives 92nd Congress
Committee on the Judiciary Box No. 20 Legislative files:
HR 169 HR 654




Box No.

4 Label should be placed
on the end of the box with and above the hole.
Li






46


Attachirent D
pmiumb L'eumhv*b 3r. j
lwih Offim of P.,.rbs mb FAgSzUbvfm

W= eoftIeIn


pRull'm 9fLI 20515







Honorable Chairman

U.S. House of Representatives
Washington, D.C. 20515

Dear Mr. Chairman:

On December 12, 1978, my office held a seminar to explain the application
of Rule XXXVI of the Rules of the House of Representatives. That Rule
provides that the clerk of each committee shall within three days of the final
adjourn ment of a Congress deliver to the Clerk of the House all bills, joint resolutions, petitions and other papers referred to the committee, together with all evidence taken by such committee under order of the House during
said Congress.

Based upon a review of our records as of February 21, 1979, it appears
that my office has not received any of your Committee's records from the 95th Congress. Please be aware that Rule XXXVI, ci. 1 of the Rules of the
House of Representatives also states that 1. .. .in the event of the f ailure or neglect of any clerk of a committee to comply with this rule the Clerk of the House shall, within three days thereafter, take into his keeping all
such papers and testimony." Therefore, documents from the 95th Congress
should be transmitted in Hollinger boxes to my Office of Records and Registration as soon as possible.

Should you have any questions concerning your obligations under Rule
XXX VI or should you need additional labels and boxes, do not hesitate to
contact Jill Bockorny in my Office of Records and Registration at 5-1300.

Sincerely,


EDMUND L. HENSHAW, JR., Clerk
U.S. House of Representatives

cc:





47



Elwk T Xee. uu, r. Attachm ent E e


Mfft of ltt 41rk
6 maw of Pprtntoe X=*nM LA. 20515






Honorable, Chairman

U.S. House of Representatives
Washington, D.C. 20515

Dear Mr. Chairman:

On December 12, 1978, my office held a seminar to explain the application
of Rule XXXVI of the Rules of the House of Representatives. That Rule
provides that the clerk of each committee shall within three days of the final
adjournment of a Congress deliver to the Clerk of the House all bills, joint resolutions, petitions and other papers referred to the committee, together with all evidence taken by such committee under order of the House during
said Congress.

Based upon a review of our records as of February 21, 1979, it appears
that my office has received boxes of your Committee's records from
the 95th Congress. Any additional documents from the 95th Congress should be transmitted in HoUinger boxes to my Office of Records and Registration
as soon as possible.

Should you have any questions concerning your obligations under Rule
XXXVI or.should you need additional labels and boxes, do not hesitate to
contact Jill Bockorny in my Office of Records and Registration at 5-1300.

Sincerely,


EDMUND L. HENSHAW, JR., Clerk U.S. House of Representatives cc:





48

Attachment F

U.S. HOUSE OF REPRESENTATIVES Office of Records and Registration
1036 Longworth HOB Committee Name





Room No. Contact Person Phone No. No. of Boxes No. of Sheets No. of Labels





49



Attachment G

RG 233: Records of the United States

House of Representatives











Office of Records and Reistration AttacTment H
(File Clerk)

Office of the Clerk

House of Representatives Washington. D.C. 20515 Edmund L Henshaw, Jr.. Clerk


COM M ITTEE ........................................................................................................................ BOX NO .....................

TITLE OR DESCRIPTION OF CONTENTS (Bill, Jacket, Resolution, Report or Document Number)






































CONGRESS
GPO IO- lgO-2pp

[FOR OFFICE USE ONLY] TRANSFERRED TO OFFICE OF
NATIONAL ARCHIVES RECORDS & REGISTRATION






51


Attachment I
Phnwmb L Xentr, 3r. Stepl 4L Pfig


Offut ofil9efrk XI*' L 20515








Dear Mr. Chairman:

House Rule XXXVI requires the camittees to deliver to the Clerk

of the House all bills, joint resolutions, petitions, evidence and

other papers of the ccmnittee subsequent to the adjourrment of a

Congress.

Pursuant to this Rule, I hereby acknowledge receipt of

box(es) of files relating to the Congress(es),

containing the information referenced on the enclosed pages.

~Sincerely,


EDMUND L. HENSHAW, JR., Clerk U.S. House of Representatives Enclosure (s)






52

Attachment J





~L~Imi=is






Honorable James B. Rhoads Archivist of the United States National Archives 7th and Pennsylvania Avenue, N.W. Washington, D.C. 20408 Dear Mr. Rhoads:

This will acknowledge the transmittal of

boxes of Records of the U.S. House of Representatives to the National Archives of the United States of America.

Specifically, these ______________ Records have been (Year/Congress) received by the Clerk of the House of Representatives from (Committee/Of fice) for transmittal pursuant to Rule XXXVI of the Rules of the House of Representatives.

p Sincerely,


EDMUND L. HENSHAW, JR., Clerk U.S. House of Representatives Transmitted by: _____________Date _____(Clerk' s Representative)


Received by: .................. Date
(Archivist's Representative)






53




Office of Records and Registration Attaclinent K
(File Clerk)

Office of the Clerk

House of Representatives Washington. D.C. 20515
Edmund L Nenshaw, Jr.. Clerk COMMITTEE ................................................... .........-.... ..... .......... BOX NO ...........

TITLE OR DESCRIPTION OF CONTENTS (Bill, Jacket, Resolution, Report or Document Number)






































___CONGRESS _________________________[FOR OFFICE USE ONLY]

TRANSFERRED TO OFFICE OF
NATIONAL ARCHIVES RECORDS & REGISTRATION





54

Attachment L



83D CONGRESS
s H. RES. 288

[Report No. 562]



IN THE IOUSE OF REPRESENTATIVES JuNm 16, 1953
Mr. LECor'rr, from the Committee on House Administration, reported the
following resolution; which was considered and agreed to




RESOLUTION

S Rlesolhed, That the Clerk of the House is authorized 2 to permit the Adminiistator of General Services to make Available for use4 (1) any records of the House of Representatives,

5 transferred to the Nationa] Archives, which have been
6 in existence for not less than fifty years, except.wben

7 he determines that the use of such records would be

8 detrimental to the public interest; and
9 (2) any records of the House of Representatives,

10 transferred to the National Archives, which have previ1 ously been made public.
12 SEc. 2. Such permission may continue so long as it is

13 consistent with the rights and privileges of the House of
I
14 Representatives.
V




55


Attachment L Cont,


83D CONGRESS HOUSE OF REPRESENTATIVES REPORT
1st Session No. 562




AUTHORIZING THE CLERK OF THE HOUSE OF REPRESENTATIVES
TO PERMIT THE ADMINISTRATOR OF GENERAL SERVICES TO MAKE AVAILABLE CERTAIN RECORDS OF THE HOUSE OF REPRESENTATIVES WHICH HAVE BEEN TRANSFERRED TO THE
NATIONAL ARCHIVES


JUNE 16. 1953.-Ordered to be printed


Mr. LECOMPTE, from the Committee on House Administration, submitted the following

REPORT

[To accompany H. Res. 288)

The Committee on House Administration, to whom was referred House Resolution 288, having considered the same, report favorably thereon without amendment and recommend that the resolution do pass.
The attached resolution would authorize the Clerk of the House to permit the Administrator of General Services to make available, for use by Government a encies and by private organizations and individuals, any records of the House of Representatives which are more than 50 years old or which have already been made public.
It is expected that the Administrator would utilize his present authority to ensure that such records are made available only to persons having a legitimate reason to use them. The Administrator is specifically directed to withhold any of such records if he believes that their use would be detrimental to the public interest. The Clerk of the House is authorized to continue such permission only so long as it is consistent with the rights and privileges of the House.
26008






56


Attackrwnt M

Pbmxub ILU04 3m1a6 r. ot"4L g-ufg. 4Wd




LONIus Of %.peaMi~e





Honorable Chairman
Committee on
U.S. House of Representatives
Washington, DC 20515

Dear Mr. Chairman:

Enclosed please find the 96th Congress Access and/or Retrieval of
Committee Papers Authorization Form. To insure timely and effective
response to your Committee's official requests to examine its own noncurrent
papers or to request the retrieval of its own original noncurrent papers in
the custody of the Clerk pursuant to Rule XXXVI of the House, please designate
on the form for the 96th Congress the person or persons you desire to have
the right of access to (1) and/or retrieval of (U1) your Committee's noncurrent
papers.

This authorization form for the 96th Congress will be kept in the Clerk's
Office of Records and Registration, 1036 Longworth House Office Building,
Extension 51300, for reference prior to taking any action on official Committee
requests. Your designations will apply for the 96th Congress unless you
notify me otherwise.

With kindest regards, I am

Sincerely yours,


EDMUND L. HENSHAW, JR., Clerk U.S. House of Representatives

Enclosure





57


Attachment M Cont.







96th CONGRESS ACCESS AND/OR RETRIEVAL
OF COMMITTEE PAPERS AUTHORIZATION


1. In addition to myself, the following persons are authorized to examine
original noncurrent papers filed by the Committee on with the Clerk of
the House in the Office of Records and Registration, 1036 Longworth Building:












U. In addition to myself, the following persons are authorized to request the
return of original noncurrent papers filed by the Committee on with the
Clerk of the House in order to fill a current need of said Committee:













(Signed)
Chairman
Committee on

NOTE: Please be aware that Section 11 should include those persons who will
actually retrieve the Committee records from the Office of Records
and Registration.






58














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Attachment P

U.S. HOUSE OF REPRESENTATIVES
Office of Records and Registration
1036 Longworth HOB


Description of Noncurrent Papers Returned to the Committee on
-------------------------------------------------------Congress and Box No ---------------- ------------------------ ---------

------------------------------- ------------------------ --------(Bill, Report, Resolution, etc.)



Requested the Return of and Received from the Clerk of the House of Representatives the above described noncurrent papers:

------------------- --------------------------------------------------(Signature)

-------------------------------------------------- -------------(Committee)

------------------------------------------ P 19 ----Re-Returned the above as noncurrent papers

--------------- ------------------------ __P 19 -------Received by
(Signature)
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