Archival Records of Congress: Frequently Asked Questions

"Congressional offices and committees receive, generate, and process many paper and digital files in the course of their work. Archivists preserve some of this historical material, which can help inform future Congresses and researchers studying congressional history. This report is intended to assist congressional staffers who want to locate and access these historical materials.

Recordkeeping rules, policies, and practices vary by type of congressional office. Materials in a Member’s office are traditionally considered the Member’s personal property. Although some Members choose to donate their papers to an archival repository after they leave office, there is no legal requirement for Members to preserve papers or make them available to researchers. The Biographical Directory of the United States Congress, among other resources, can help users locate Member papers and other relevant archival collections.

Files from congressional committees and House or Senate administrative offices may be official records. House Rule VII and Senate Rule XI govern records for the House and Senate, respectively. In accordance with 44 U.S.C. §2118, the Clerk of the House and Secretary of the Senate transfer noncurrent House and Senate records to the National Archives and Records Administration (NARA) at the end of each Congress. Although NARA’s Center for Legislative Archives is responsible for preserving those files, they remain the property of Congress.

In general, House records are closed to the public for 30 years, and Senate records are closed for 20 years. Some sensitive congressional records may remain closed for 50 years. In some circumstances, however, Members and congressional staff may be able to access otherwise-restricted records. The House archivist or Senate archivist, respectively, offer guidance and assistance with access to archival records, as well as managing active records and papers.

NARA also stores other legislative-branch records, as well as pre-1789 legislative records. Separately, both NARA and the Library of Congress operate programs to capture and preserve public-facing congressional websites..."
C ongressional Archival Records