SAA Legislative Agenda (2025-2027)

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Archivists and archives need robust federal funding for grant programs benefiting archival projects, including electronic records preservation initiatives, and cultural heritage disaster recovery efforts. We support increases in appropriations for the National Historical Publications and Records Commission (NHPRC), the National Endowment for the Humanities (NEH), and the Institute of Library and Museum Services (IMLS). This includes proposing or championing a new archives funding initiative under the umbrella of one or more of the aforementioned agencies, or outside of one of these agencies should US legislators find an alternative means of supporting archives and archival repositories.  

In cooperation with the Joint Working Group on Issues and Awareness and the National Humanities Alliance, we will advocate for funding for the National Archives and Records Administration (NARA), ideally at a level that ensures NARA can accomplish its mandated functions to guarantee the transfer and management of the permanently valuable records of the presidency and federal government. Funding is essential for NARA to support effective management of and access to federal electronic records. 

Federal funding for the NHPRC, the NEH, and the IMLS must be sustained to ensure that the historical record of our collective human experience is preserved and accessible for use by the American public, including teachers and students, scholars, scientists, family historians, the business community, and governments themselves. Further funding, in the form of legislation akin to the Public Archives Resiliency Act proposed during the 118th Congress, will bolster efforts to protect records across the US. Building support among members of the House and Senate will be paramount in helping to push such legislation through to enactment. 

Federal funding for the National Archives needs to continue to be increased, not simply be maintained or reduced. The challenges of managing federal electronic records are substantial, from ensuring the comprehensive transfer of records to providing access to those securely preserved records years and decades after they were originally acquired. These challenges require focused staffing, technology, and implementation of new approaches to assure that the essential information created by all branches of the federal government is appropriately preserved and made accessible, and so that NARA meets its mandate to ensure the accountability and transparency of the federal government on behalf of the American people.  

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Support efforts to address inadequacies in intellectual property law and regulations.  

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We oppose any legislation or regulatory actions related to intellectual property rights that reduce or impede the ability of archives and libraries to preserve and provide access to archival materials. Such actions include extending the duration of copyright or changes to Section 108 of the U.S. Copyright Act that are not made specifically to expand permitted uses by archives and libraries.  

Lengthy terms of copyright protection inhibit the growth of the public domain to the detriment of the public interest. Section 108 of the U.S. Copyright Act is one of several provisions in the law ensuring a balance between the important interests of rights holders and the equally important interests of the public—a balance critical to archives’ missions. By permitting archives to duplicate copyrighted material for preservation and access, Section 108 empowers archivists to carry out their core work. Although aspects of Section 108 might be updated, the statute is remarkably resilient and is used every day by practicing archivists. Combined with the Fair Use doctrine as codified in Section 107, Section 108 is an invaluable tool for archivists in conducting their collective mission to preserve the historical record.  

Recent developments in intellectual property law, particularly provisions related to small claims adjudication authority within the Copyright Office, make it imperative to advocate for an intellectual property framework that allows archivists and information professionals to fulfill their professional duties without threat of civil litigation.  

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Support efforts to strengthen transparency and ensure access to open government data.  

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We will monitor forthcoming or in progress legislation that affects the ability of the public, researchers, and government agencies/officials to ensure open access to public records as provided for by law. Issues that will emerge cannot always be predicted or anticipated, hence the need for regular monitoring of ongoing government action and legislation that may require a quick response. Focus must be on supporting legislation to ensure access to public records and opposing legislation designed to limit such access unless there are compelling and demonstrable reasons.  

Support efforts to develop open public information for all government agencies. Support legislation that enhances federal electronic records management, such as H.R.745, the Federal Records Modernization Act of 2017 or S. 4042, the Strengthening Oversight of Federal Records Act of 2024. 

Background:  

SAA promotes the protection and accessibility of records found in governments, organizations, and archives repositories. Records ensure the protection of individuals’ rights, the accountability of governments and organizations, and the accessibility of historical information.  

Government has long sought to achieve a balance between open access to public records and information while ensuring restrictions that respect concerns of privacy, intellectual property, and national security. In general, the public requires broad access to government records and information to ensure transparency and accountability. Some agencies and officials have found a balance that provides the public with a great deal of information, while others have tended to restrict information and access to public records, believing it necessary to protect their work and decision-making.  

To ensure that federal records can serve the purposes of ensuring transparency and accountability, the National Archives and Records Administration (NARA) should be granted the statutory authority that will allow it to carry out its crucial responsibility for the proper management of federal records.  

Issues may arise relating to access and restrictions that are difficult to anticipate and are complex. For example, new technologies such as ephemeral social media content used by public officials and entities raise questions about what constitutes a public record. Additionally, the use and abuse by public officials and agencies of electronic mail and social media have led to growing questions about what requirements must be met to ensure official records are created and can be managed and preserved. Finally, issues relating to classification and declassification of public records require constant consideration to balance the public’s interest in having access to information with the desire of government officials and agencies to protect the information.  

SAA firmly believes that the critical nature of information in a democracy places the burden to prove the need for confidentiality, or the legitimacy of excluding public access to information, on those asserting such claims. Therefore, SAA strongly opposes any effort by government officials to deny U.S. citizens access to government information found in archives and records.  

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Support legislation that ensures fair compensation and living wages for archives and archives-adjacent workers.  

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We will develop partnerships with organizations who can help SAA monitor and advocate for legislation that strengthens the ability for workers to unionize, seek increases to the minimum wage, or seek to address unfair labor practices within archives, museums, and other cultural heritage institutions. We will mobilize our members to participate in partner organizations' advocacy efforts. We will oppose legislation that minimizes workers’ ability to unionize, prevents the minimum wage from increasing, or seeks to further enable unfair labor practices within archives.  

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Address inadequacies in statutes regarding records of the federal judiciary. 

Public Policy Action: Develop organizational relationships with communities that support the creation of laws governing the disposition, preservation, and accessibility of the papers of Supreme Court justices and other federal judges. Identify potential allied legislators and arrange meetings with them to raise the issue. 

Background: 

The National Archives and Records Administration (NARA) is responsible for the official institutional records of the U.S. Courts. Despite the increasing attention to the federal judiciary in recent decades, there are no laws governing the disposition, preservation, and accessibility of the papers of Supreme Court justices and other federal judges. The lack of consistent transfer practices among judges and justices, and the absence of a law like the Presidential Records Act, has led to uneven public access to the archival records of some of our country’s most powerful public servants. 

In 1974, President Gerald Ford signed the Presidential Recordings Preservation Act, which required the preservation of President Nixon’s presidential records and established the National Study Commission on Records and Documents of Federal Officials, a national committee to “study problems and questions with respect to the control, disposition, and preservation of records and documents produced by or on behalf of Federal officials.” In 1977, the Committee issued its final report, which was considered in the passage of the Presidential Records Act in 1978. Although the Presidential Records Act institutionalized many of the Commission’s recommendations regarding the records of the President and Vice President and created the paradigm shift that legally transformed the President’s private papers into public records, the United States lacks similar legislation concerning the status of records of members of Congress and federal judges. 

The Federal Judicial Center (FJC) actively encourages federal judges to develop a plan for preserving their papers by communicating the value such documents have to researchers, historians, and the public. The most effective way to create a desirable consistency regarding the disposition, preservation, and accessibility of the entire archival record of the judiciary would be to enact legislation to address gaps in the management of federal judges’ papers. Many of the recommendations of the 1977 report are still worth considering. Effectively, a judicial version of the Presidential Records Act should be passed.  

To ensure the greatest public access, consideration should be given to centralizing responsibility for these records under NARA, the Library of Congress, or a government-funded consortium of authorized repositories to preserve judges’ papers. 

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