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(FWD) NCC WASHINGTON UPDATE, Vol. 7, #38, September 20, 2001



NCC WASHINGTON UPDATE, Vol. 7, #38, September 20, 2001
by Bruce Craig <rbcraig@nccph.org
National Coordinating Committee for the Promotion of History (NCCPH)
*****************

1.   Cultural Institutions Impacted by World Trade Tower Disaster
2.   Leak Statute Provision Defeated
3.   White House Continues to Block Release of Reagan Papers
4.   Senate Report Finds FRUS Series Fails to Comply With Law
5.   DOE Declassification Inches Forward
6.   New Management Team Takes Helm at NEH
7.   Crew to Leave Smithsonian
8.   News Bits and Bytes: Hammond to NEA; NHPRC Institute for Historical
Editing; NARA Proposed Rule

1.  CULTURAL INSTITUTIONS IMPACTED BY WORLD TRADE TOWER DISASTER
There can be little doubt that the recent terrorist attacks on New York City
and Washington D.C. have dramatically changed America's political and
cultural landscape.  By some estimates, one out of every six Americans either
personally knew or know of somebody who died in the series of attacks.  While
rescuers continue to dig ever deeper into the rubble of the World Trade
Center's (WTC) twin towers, employees of lower Manhattan's cultural
institutions, including museums and archives, have returned to work and are
beginning to assess the damage and impact of the shocking attacks on their
respective organizations.

By one count, in New York City there are 42 museums, 57 libraries and
archives, and some 245 outdoor sculptures that possibly have been touched by
recent events. Thankfully, for the most part, staff are accounted for and
safe.  The Grey Art Gallery, however, regrettably reports that one of its
installers who, at the time of the attack, was in one of the ar studios on
the 92nd floor of the World Trade Center, died when the building collapsed.

News of physical damage from museums remains spotty, but we can report the
following based on recent press coverage, information culled from the
American Association of Museums web site (http://www.aam-us.org), the offices
of the American Association for State and Local History (AASLH) and the
National Endowment for the Humanities, and information gathered from a
September 18 meeting that the NCC Director attended of the National Task
Force on Emergency Response.  The task force is a coalition of 30 government
agencies and national service organizations formed in 1995 to help libraries,
archives, museums, historical societies, and historic sites better protect
their cultural and historic resources from damage due to disasters.

Not only were the offices of the Lower Manhattan Cultural Council housed in
the World Trade Center, but one of the towers also served as the temporary
warehouse for several archeological and historical documentary collection
including those associated with the African American burial ground and the
recent court house excavations.  The offices of the New York Council for the
Humanities which is located 200 yards from the site of the WTC tower collapse
reports that all staff escaped without injury, but the council's phones are
out of service for the foreseeable future. The New World Art Center suffered
water damage that affected at least two cases of prints. The Lower East Side
Tenement Museum and the South Street Seaport Museum both remain closed.  It
also appears that the Museum of Jewish Heritage may have to replace its HVAC
system which was clogged from the dust and debris.  The National Park Service
reports that the HVAC system at Federal Hall is also full of soot and the
structure may have suffered unspecified structural damage caused by
vibrations when the World Trade towers collapsed. Like thousands of other
buildings, Castle Clinton also is covered with concrete soot. Both Federal
Hall and Castle Clinton remain closed to the public.

As far as the Pentagon disaster is concerned, the curator of the Army Art
collection reports that at least three paintings have been totally destroyed
and numerous other pieces of art located throughout the building have
suffered some type of damage due to water or smoke. Also directly impacted by
the attacks was the American Association for State and Local History (AASLH)
which was forced to cancel its planned September 12-15 annual meeting in
Indianapolis, Indiana (the meeting will not be rescheduled).

The greatest continuing threat in New York is the dust and ash from debris
that still blankets much of the city.  The National Museum of the American
Indian (located just a few blocks from Ground Zero), for example, is covered
in a few inches of ash. Reportedly, the dust is granular and greasy and may
scratch delicate surfaces. Untold number of books, delicate fabrics, historic
photographs and prints, as well as art works may need careful cleaning and
conservation. To this end, professional conservation advice is available
through the Heritage Preservation web page at:
<http:www.heritagepreservation.org>.  In addition, the American Institute for
Conservation of Historic and Artistic Works has a free referral service
(202-452-9545). Also, a useful brochure, "Resources for Recovery:
Post-Disaster Aid for Cultural Institutions" is available.  It outlines the
various assistance programs (including emergency grants and loans) available
from the Federal Emergency Management Agency (FEMA), the Small Business
Administration, the National Endowment for the Humanities and other
organizations; for a copy call (202) 634-1422.

2.  LEAK STATUTE PROVISION DEFEATED
Owing to White House concerns, Justice Department objections, and stiff
opposition from media and historical organizations, on September 4, 2001, the
controversial "leak statute" - a legislative provision that would have made
it a felony to disclose certain types of classified governmental information
was withdrawn from further consideration as part of the FY 2002 Intelligence
Authorization Act.

Although the scheduled hearing before the Senate Select Committee on
Intelligence was technically  "postponed," Capitol Hill insiders report that
the measure, in its present form at least, is dead. Senator Richard Shelby
(R-Ala.), however, vowed that "this bill is going to be back in the hopper,
if not by me then by others...This legislation is not going away, because the
problem [of leaks] is going to get worse, not better."

If the measure had been enacted, it would have put in place a broad
prohibition on the disclosure of  "properly classified" information by
government employees.  Specifically, it would have sanctioned the criminal
prosecution of any government official who violates the law's provisions
through disclosure of unauthorized information to anyone. Historians and
journalists would have potentially been especially vulnerable to prosecution
- for violating the Act, they could have been subjected to interrogation,
jail sentences, and stiff fines. President Clinton vetoed the measure last
year.  In his veto message, Clinton characterized the legislative measure as
an excessive instrument for curbing unauthorized disclosure and believed the
language in the bill would "chill" legitimate efforts to report on government
activities.

As previously reported (see NCC WASHINGTON UPDATE, Vol. 7, #37, August 31,
2001), the National Coordinating Committee for the Promotion of History, the
American Historical Association, the Organization of American Historians, and
several other historical groups requested they be allowed to testify on the
scheduled hearing before the Senate Select Committee on Intelligence in order
to register concerns regarding the proposed statute. That request was never
answered by the Committee. Should the measure be resurrected, the historical
community again will request that its views be heard.

3.  WHITE HOUSE CONTINUES TO BLOCK RELEASE OF REAGAN PAPERS
For the third time, the Bush Administration has delayed the release of some
68,000 pages of  White House papers from the Reagan Administration.  In an
August 31 letter to the National Archives, White House counsel Alberto R
Gonzales stated that yet another delay was required "to review the many
constitutional and legal questions raised by potential release of sensitive
and confidential Presidential records and to decide upon the proper legal
framework and process to employ in reviewing such records on an ongoing
basis." (For Gonzales letter, see
http://www.fas.org/sgp/news/2001/09/presrecs.html)

The White House's actions apparently violate the spirit if not the
legislative language embodied in the Presidential Records Act of 1978. That
Act calls for the release of presidential papers 12 years after a president
leaves office. Mr. Reagan's papers were to have been released in January, but
the White House requested the National Archives and Records Administration
delay the release initially until June 21, then until the last day of August.

In the meantime, the National Coordinating Committee's appeal to NARA for the
records list portion of the letter of transmittal to the White House was
denied.  In a August 30, 2001 letter to the NCC, Deputy Archivist/Chief of
Staff Lewis J. Bellardo stated that the information being withheld relating
to the Reagan presidential communications is consistent with the premise that
exemption 5 is designed to protect the "deliberative or decision making
process" and that the release of this type of information would "permit
indirect inquiry into the mental processes" and thereby expose "predecisional
agency deliberations."  Bellardo stated, "it is my opinion that the withheld
information is entitled to the same protection afforded to purely
deliberative materials."

Having now exhausted administrative remedies, the NCC is consulting with its
legal representatives and other interested parties to consider what course of
action is best to pursue in light of NARA's denial.

4.  SENATE REPORT FINDS FRUS SERIES FAILS TO COMPLY WITH LAW
According to a just released Senate Foreign Relations Committee report (S.
Rept 107-60), the State Department's "Foreign Relations of the United States"
(FRUS) series (the official compilation of record and documents relating to
US foreign policy), is not being published in the timely fashion required by
law.  A 1991 law mandates that FRUS provide a "thorough, accurate and
reliable documentary record of major U.S. foreign policy decisions and
significant U.S. diplomatic activity" and that it be published not more than
30 years after the events described.

The Senate Committee found that a decade after the law was enacted, "the
Department remains out of compliance with this provision." The Department has
yet to publish 11 of the 34 volumes from the Johnson Administration, which
ended in 1969. The main reason for the shortfall, says the Department, is the
"time-consuming declassification process" which often requires the review of
the same documents in each volume by several  agencies.

In its defense, the State Department informed the Committee that part of the
problem is that it has had difficulties in seeking the cooperation from the
Central Intelligence Agency, which imposes restrictions on research, impedes
the copying of documents and publishing of compilations by State Department
historians.  The most recent example is the FRUS volume on Greece which has
been published, is stocked in the GPO warehouse but embargoed due to CIA
objections. (See NCC WASHINGTON UPDATE Vol 7, #37, August 31, 2001) Excerpts
from the Senate report have been posted by the Federation of American
Scientists at:  http://www.fas.org/sgp/congress/2001/frus.html

5.  DOE DECLASSIFICATION INCHES FORWARD
According to a news report filed by the Federation of American Scientists,
two years ago, Congress enacted an arduous procedure for the re-review of
previously declassified documents at the National Archives to ensure that
classified nuclear weapons data was not inadvertently released in the process
of declassification. The Federation reports that the Department of Energy
(DOE) is slowly implementing that supplementary review procedure.

Of the 220 million pages of documents that had been both declassified and
made available to the public between 1995 and 1998, DOE reviewers have now
cleared 190 million pages, according to Kenneth M. Stein of DOE. The
remaining 30 million pages have been withdrawn from public access. At the
present rate, about 500,000 pages are processed each month; at that rate, the
task of completing the review will not be completed for five years.

An additional 200 million pages had been declassified but not publicly
released at the time that Congress enacted a new review requirement. Of
these, only 10 million pages have been cleared under the new review
procedures and some 190 million pages await review. The withdrawal or
withholding of declassified records has significantly disrupted the
activities of researchers who actually make use of such records.

In an effort to mitigate this problem, DOE and the National Archives have
established a Review-on-Demand procedure by which researchers can identify
records of particular interest for review earlier than might otherwise be the
case. Up to 50,000 pages per month can be accommodated under this procedure
states Mr. Stein. Aside from declassification issues, public access to these
records is further hampered by an enormous processing backlog at the National
Archives. Such processing is required to prepare the raw documents for
orderly public access. Because many Archive personnel have been diverted to
implementation of the congressionally-mandated Nazi War Crimes Disclosure Act
over the past year and a half, the routine processing of declassified records
has suffered. "We have a huge backlog," said Michael Kurtz of the
Archives..."We are far behind."

6.   NEW  NEH MANAGEMENT TEAM TAKES HELM AT NEH
On September 14, 2001, by unanimous consent, the United States Senate quietly
approved the nomination of Bruce Cole to become the new chairman of the
National Endowment for the Humanities (NEH).  Cole is a Distinguished
Professor in the Henry Hope School of Fine Arts at Indiana University at
Bloomington.  He is expected to begin his term in early December.

Having published 12 books, Cole is a highly regarded art historian. During
the administration of George W. Bush, Cole served on the National Council on
the Humanities, the advisory board to the NEH.  He has also been a recipient
of an NEH grant. In a statement, Cole said,  "I am eager to participate in
the endowment's vital work of the study, preservation, and dissemination of
the humanities to all citizens."  Cole also praised NEH staff and said that
he looks "forward to working with these fine colleagues" when he moves to
Washington.

In a related development, Lynne Munson, the former special assistant to the
Chairman under Lynne V. Cheney, the Chairwoman of the NEH from 1986 to 1993,
will serve as Deputy Chair under Cole. Munson followed Cheney to the American
Enterprise Institute and also served on the Department of Education
transition team. Munson will have responsibility for managing the day to day
operations of the Endowment.

7.  CREW TO LEAVE SMITHSONIAN
Spencer R. Crew, director of the Smithsonian's National Museum of American
History for the past nine years, announced he is leaving the Smithsonian by
mid-November to become executive director and chief executive officer of the
National Underground Railroad Freedom Center in Cincinnati, Ohio. Crew is the
fifth Smithsonian museum director to leave since Lawrence Small became
Secretary of the institution some 21 months ago.

As head of the National Underground Railroad Freedom Center, a national
educational center scheduled to open in 2004 on the banks of the Ohio River,
Crew will be returning to his home state of Ohio. By leaving Washington D.C.
Crew will double his salary and the new position will allow him to focus on
African-American history, his academic specialty and a subject he taught at
the University of Maryland Baltimore County before joining the Smithsonian.
"The focus of the Freedom Center is a very exciting one; it uses the stories
of the Underground Railroad to create an understanding not only about the
past but what our values of freedom, justice and equality mean today," he
said. "I'm excited about the challenge and I look forward to making the
center a place where people can talk about the need for collaboration and
cooperation in a free society."

Crew held a number of positions at the National Museum of American History
during his 20-year career at the Smithsonian. He joined the staff in 1981 and
served as the museum's acting deputy director from 1991 to 1992.  In 1992, he
was named acting director; two years later he was officially appointed
director.  Crew will remain a member of the Smithsonian's Blue Ribbon
Commission, which earlier this year began developing recommendations that
will help shape the National Museum of American History well into the 21st
century.

Marc Pachter, currently director of the Smithsonian's National Portrait
Gallery, has been named acting director of the museum. Sheila P. Burke, Under
Secretary for American Museums and National Programs announced plans to
conduct a national search for a new director with a committee that she will
chair.  The NCC has contacted Burke's office and offered assistance in
providing names of historical and museum professionals who could assist in
her committee's charge.

8.  BITS AND BYTES:
Item #1 - Hammond to NEA:  The White House announced that it  intends to
nominate Michael Hammond, dean of Rice University's school of music, as the
new chairman of the National Endowment for the Arts. Hammond, a composer,
conductor, and scholar in medieval and Renaissance music as well as Indian
music and culture, will succeed current NEA Chairman William Ivey who retires
at the end of the month, eight months before the formal end of his term of
office.  While at the NEA, Ivey won praise from leaders of Congress for
broadening the endowments support of arts programs especially in rural states.

Item #2 - NHPRC Institute for the Editing of Historical Documents:
Contingent on funding, the thirty-first annual Institute for the Editing of
Historical Documents will be held June 17-22, 2002, in Madison, Wisconsin.
Sponsored by the National Historical Publications and Records Commission
(NHPRC), the Wisconsin Historical Society, and the University of Wisconsin,
the Institute will provide detailed theoretical and practical instruction in
documentary editing and publication.  There is no charge for tuition and
accommodations are provided at no cost in the Wisconsin Center Guest House on
the University of Wisconsin campus. Application to the Institute is
competitive, with numerous applicants every year from all over the country.
Further information and application forms are available from the NHPRC.  The
application deadline is March 15, 2002.  For information, call (202) 501-5610.

Item #3 - NARA Proposed Rule Comments Sought:  The National Archives and
Records Administration has published a proposed rule updating Micrographic
Records Management Procedures regulations (see September 11, 2001 Federal
Register; page 47125).  The proposed changes will mostly impact federal
agencies that use micrographic technology to create, use, store, inspect,
retrieve, preserve, and dispose of Federal records. The new regulation
establishes microfilming standards and details what agencies must do to
manage microform records. Comments are due on November 13, 2001. A link to
the proposed rule is available at  http://www.nara.gov/nara/pubcom.html.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *  * * * * *
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