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National Archives believes the housing of the records of all three branches of Government is based on the trust those three branches have in the National Archives. The arrangement certainly facilitates research and makes the public record easily available to the American people.

The archival responsibility where the trust is most necessary and tested each day is that of granting access to records we hold. The law and executive orders governing access to Federal records attempt to strike a balance between the public's right to know about its Government and the Government's need to protect some information from immediate disclosure. In practice that means State Department records from the 1950's are being declassified and made available to the public; Office of Management and Budget records from the 1960's in the National Archives are open; the bulk of President Gerald Ford's records can be examined by citizens; and many Federal agencies are opening very recent records in response to Freedom of Information Act requests.

Access to the records of the House of Representatives, however, is restricted for 50 years. As you may imagine, researchers coming to the National Archives are often stunned when they learn of the 50-year rule. They are unable to see any unpublished House records after September 17, 1936. If they are interested in the workings of the House during the second administration of President Franklin Roosevelt, they cannot see the records. That is also true

for World War II and the Korean War. We have enforced the 50-year rule since the House records were opened for

research, but it is increasingly difficult to explain the rationale of the rule to citizens who come to the National Archives and can see much more recent records of many Federal agencies, the Supreme Court, and the United States Senate.

What are the records that are being kept closed for 50 years and who are the people seeking access to those records? The records are the administrative and committee records of the House. They are the bill files from the committees; the petitions from citizens to the House; the correspondence and reports from the White House and

executive agencies; and the transcripts of hearings and other records related to the official work of the House. They do not include the office files of individual Congressmen which remain the personal property of the Members.

The people who seek access to those House records are historians, political scientists, lawyers, and many family historians. In fact genealogists make up the majority of our researchers, as you can see in the annual report submitted to Congress earlier this year and included as part of this testimony. In the 19th century, many citizens filed claims against the Government directly to Congress, and those claims files among the House records are excellent sources for family histories.

We believe the 50-year rule was instituted to protect the sitting Members of the House from political

entanglements when access is granted to House records. As you may surmise from my brief description of the House records at the National Archives and the types of researchers who use the records, it is unlikely that many, if any, political or embarrassing records will be filed in committee or the Clerk's records and transferred to the Archives. Nor do we have researchers looking for political documents that might be used against a sitting Member of Congress. Political documentation is filed in the personal offices of the Congressmen, and those records remain in the legal custody of the Members.

Another factor in this matter of access is that

Congress traditionally has published far more of its information than any other Government body, as a means of disseminating information about its work. The Congressional Record and its predecessors; the Congressional serial set, which is a collection of Committee reports and other documents; transcripts of Congressional hearings; and since 1979, the telecasting of the House floor proceedings, all illustrate the long and highly praised policy of the House of Representatives to make its record freely and widely available to the American people. Only in the area of its

archival records does the House limit access to its record. From the time that the first House records were

transferred to the National Archives in 1946 until the

passage of House Resolution 288, 83rd Congress, in 1953 access was extremely difficult. Very few individuals or government agencies were permitted to view these records. In two instances, state libraries were fortunate enough to have House resolutions passed on their behalf to enable them to secure photostatic copies of nineteenth century documents of importance to their state histories. The American Historical Association and the National Archives urged the House to adopt a more liberal access policy toward its historic records. These institutions favored the passage of the 50, year rule, which was in keeping with many other Government agencies of that time. Their labors were rewarded with the passage of House Resolution 288, 83rd Congress. While the resolution clearly opened for research all records over 50 yers old, it permitted the Clerk some discretion on opening other House records.

Indeed our records show that from 1953 to at least 1971, the Clerk permitted access to House records regardless of their age. In fact the first researcher to request records of the House after the passage of House Resolution 288 in 1953 wanted to view records from 1930-1940; he was granted access. That same researcher or any other would be denied access to these same records if he asked to view them in 1986--33 years later.

From 1958 to 1971 the situation became at once less

structured and more open. In a 1958 meeting between the Clerk, then Ralph Roberts, Speaker Sam Rayburn and the

Archivist of the United States it was concluded that the authority of House Resolution 288 expired with the 83rd Congress. The only way researchers could obtain access henceforth was by applying to the Clerk for permission. Clerk continued to grant access to records of quite recent origin.

The

In a 1971 letter to the Archivist, however, the Clerk reasserted the authority of the 1953 House Resolution 288. He insisted that researchers wishing to view certain categories of records, such as those less than 50 years old, be required to seek specific authorization. 1970s the practical effect of this was to deny access to all House records less than 50 years old--records that in some cases had been openly viewed by many researchers.

By the mid

Let me therefore outline the current procedures for access to those records that are more than 50 years old, that is documents that date from 1789 to 1936. First, the researcher must obtain the written authorization of the Clerk of the House for that purpose. This procedure is designed to permit the Clerk to exercise the authority vested in him by House Resolution 288, 83rd Congress. The resolution permits the Clerk to release documents that are at least 50 years old "except when he determines that the use of such records would be detrimental to the public interest." The Clerk discharges his responsibilities by requiring researchers to file a formal written request asking permission to view the files. In response to the

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