Presidential Records Act of 1978

Presidential Records Act of 1978 is a federal law that governs the preservation and public access to United States presidential records, including those of Richard Nixon, Gerald Ford, Jimmy Carter, and subsequent presidents, such as Ronald Reagan, George H.W. Bush, and Bill Clinton. The law was enacted in response to the Watergate scandal and the Saturday Night Massacre, which involved Nixon, John Dean, and Archibald Cox. The Presidential Records Act of 1978 aims to ensure the preservation of historical records and promote transparency in government, as advocated by American Historical Association, Society of American Archivists, and National Archives. This law has been influenced by the Freedom of Information Act and the Federal Records Act, which were championed by John Moss and Hubert Humphrey.

Introduction

The Presidential Records Act of 1978 was signed into law by Jimmy Carter on November 4, 1978, after being passed by the 95th Congress, with support from Senator Birch Bayh, Senator Mike Gravel, and Representative John Conyers. The law established that presidential records are the property of the government, rather than the personal property of the president, as argued by Nixon and his supporters, including Vice President Spiro Agnew and Attorney General John Mitchell. This change in policy was influenced by the National Archives, the Library of Congress, and the American Library Association, which have worked to preserve and provide access to historical records, including those of George Washington, Thomas Jefferson, and Abraham Lincoln. The law also created the National Archives as an independent agency, with the support of Archivist Robert M. Warner and NHPRC.

Legislative History

The legislative history of the Presidential Records Act of 1978 began with the Watergate scandal, which led to the resignation of Richard Nixon and the subsequent controversy over the disposition of his presidential records, including the Nixon White House tapes, which were subpoenaed by Special Prosecutor Archibald Cox and Judge John Sirica. In response, Congress passed the Presidential Recordings and Materials Preservation Act in 1974, which established a temporary framework for the preservation and access to Nixon's records, with the support of Senator Ted Kennedy and Representative Bella Abzug. The American Bar Association, the Organization of American Historians, and the Society for Historians of American Foreign Relations also played a role in shaping the legislation. The Presidential Records Act of 1978 built upon this earlier legislation, with input from Senator Gary Hart, Senator Patrick Leahy, and Representative Patricia Schroeder, and was influenced by the Administrative Procedure Act and the Federal Advisory Committee Act.

Provisions and Amendments

The Presidential Records Act of 1978 includes several key provisions, such as the requirement that presidential records be preserved and made available to the public through the National Archives, with the assistance of the FBI and the GSA. The law also establishes a framework for the review and declassification of classified information, as outlined in Executive Order 12333, signed by Ronald Reagan, and Executive Order 12958, signed by Bill Clinton. The law has been amended several times, including in 2002, when the Presidential Records Act Amendments were passed, with the support of Senator John Kerry and Representative Henry Waxman, and in 2014, when the Presidential and Federal Records Act Amendments were enacted, with the support of Senator Chuck Grassley and Representative Darrell Issa. These amendments have been influenced by the USA PATRIOT Act, the Homeland Security Act, and the Intelligence Reform and Terrorism Prevention Act.

Implementation and Enforcement

The implementation and enforcement of the Presidential Records Act of 1978 are the responsibility of the National Archives, which works with the White House, the OMB, and other federal agencies, such as the CIA and the NSA. The Archivist is responsible for ensuring that presidential records are properly preserved and made available to the public, as required by the Freedom of Information Act and the Federal Records Act, with the assistance of the Federal Register and the CRS. The law also establishes a process for the review and appeal of decisions related to the access to presidential records, which has been used by historians, journalists, and researchers, including those from the Brookings Institution, the Cato Institute, and the Heritage Foundation. The National Archives has worked with the American Historical Association, the Organization of American Historians, and the Society of American Archivists to promote the preservation and access to historical records.

Impact and Controversies

The Presidential Records Act of 1978 has had a significant impact on the preservation and access to presidential records, with the support of historians, journalists, and researchers, including those from the Woodrow Wilson International Center for Scholars, the Carter Center, and the Clinton Foundation. The law has been the subject of controversy, particularly with regard to the classification and declassification of sensitive information, as seen in the cases of Oliver North and John Poindexter, and the Iran-Contra affair. The law has also been challenged in court, including in the case of Armstrong v. Bush, which involved George H.W. Bush and the National Archives, and the case of Citizens for Responsibility and Ethics in Washington v. Trump, which involved Donald Trump and the White House. Despite these challenges, the Presidential Records Act of 1978 remains an important tool for promoting transparency and accountability in government, as advocated by Common Cause, the POGO, and the Sunlight Foundation. Category:United States federal legislation