researcher's request, the Clerk writes a letter to the researcher with a copy to the National Archives, giving his approval. We are unable to find a single instance where the Clerk has denied access to records that are at least 50 years old. This procedure is required of all researchers, including genealogists who use the most popular series of House records: the records of the Southern Claims Commission. This Commission met from 1871 to 1880 to adjudicate the cases of Southerners who lost property at the hands of Northern forces during the Civil War. These records are a gold mine of genealogical information for people whose ancestors filed claims before the Commission which reviewed over 20,000 claims. Typically a researcher asks if we have a file for his ancestor. Our response indicates the number of pages in the file and the cost to obtain a copy, and says that before we can provide copies of the file, the researcher must obtain the written authorization of the Clerk. Because these records are well over 50 years old, the Clerk always approves the request. What happens if a researcher comes to the National Archives to view records of the House, unaware that he first had to clear the request with the Clerk? In this instance it is, of course, impractical for the researcher to write a letter and wait for a response. We ask the researcher to use one of our office telephones to call the Clerk's office to secure verbal clearance to view the records. The Clerk's staff members have cooperated in this arrangement, but insist that after the fact the researcher submit a formal request to view the records. But In these cases, the Clerk is theoretically ensuring that House records older than 50 years that are "detrimental to the public interest" are not released to the public. in practice no one from the Clerk's office examines the records in question. This procedure is pro forma and wasteful of time and money. In effect the Clerk's office trusts the archivists at the National Archives to protect the public interest and the records of the House. permission to view 50 year old records is a throw back to an earlier age, when access to public records was secured through connections in Washington. To a public that is accustomed to viewing the records of their Government as a right, the House's practices are seriously antiquated and misunderstood. Requiring Unfortunately, access to records of the House through connections does occur. around the 50 year rule. According to House Rule XI(e) (2), Members may view House records regardless of their age, under the auspices of the appropriate Committee. Our enterprising researcher contacts the Committee, or contacts someone in his Congressman's office, who contacts someone on the Committee. The Committee borrows the records from the Archives, and the researcher is permitted to view the documents in the Committee's offices. This is what archivists call "privileged access." Most Americans cannot see House records less than 50 years old, but those who have connections can. We would like to see this practice end, and most of it would if the House had access rules more attuned to modern information policies. The National Archives has been asked what restrictions we see as being appropriate for the House records: restrictions that will protect the work of the House, provide citizens with access to information they seek, and relieve both the Clerk and the Archives of burdensome and costly procedures. Senate for guidance and experience with a 20 and 50-year rule. In 1980, the Senate passed Senate Resolution 474, 96th Congress, 2nd Session, that established a 20-year rule on most of its records in the National Archives. Investigative records relating to individuals and containing personal data, personnel records, and records of executive nominations not previously made public are closed for 50 years. All other Senate records are open after 20 years, unless a committee establishes some other restriction. We suggest that the House look to the In the 6 years since that resolution was passed the National Archives has provided Senate records to researchers without any problems. The public can see Senate records well into the era of the Viet Nam war, the civil rights movement, and the presidency of Lyndon Johnson. Two Senate committees moved to open even more recent records. The Rules Committee established a restriction 23-542 91 - 3 statement for Sam Ervin's Watergate Committee records that is very similar to the Freedom of Information Act permitting access to most of that important set of records. And earlier this year, Senator Lugar, Chairman of the Foreign Relations Committee, notified the National Archives that four series of Foreign Relations Committee records at the Archives are open to the research public. Those series contain records created in the early 1980s. Again, we have had no crises, leaks, or "boomerangs" when allowing the public to see these records. We do note far more interest and activity by the research public in the records of the Senate. The Senate 20/50-year rule is only one of several access regulations with which we work at the National Archives, but House and Senate records are similar in content and attract similar types of researchers. We have and will work with any set of regulations the House of Representatives establishes for its records. We will protect the public interest and the rights and privileges of the House. Archivists at the National Archives have an exemplary record in protecting the records of the United States Government. Justice William Brennan in his opinion for the Supreme Court in Nixon v. Administrator ruled against the former President's privacy claim stating "the unblemished record of the archivists for discretion" would protect the privacy of the former President (433U.S.465). Our record |