[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

(FWD) NCC WASHINGTON UPDATE, Vol. 7, #45, November 1, 2001



NCC WASHINGTON UPDATE, Vol. 7, #45, November 1, 2001
by Bruce Craig <rbcraig@nccph.org
National Coordinating Committee for the Promotion of History (NCCPH)
*****************
1.   Draft Presidential Records Act Executive Order:  A "Disaster" for History
2.   Treasury Bill Ready to Move - Flat Funding for NHPRC
3.   Adams Memorial Bill Sent to President
4.   News Bits and Bytes: Heritage Health Index; Ernest May Keynotes COSSA
Annual Meeting; NARA Names New Assistant Archivist for Presidential
Libraries; Bush Decrees October "National Arts and Humanities Month"

1.    DRAFT PRESIDENTIAL RECORDS ACT EXECUTIVE ORDER:  A "DISASTER" FOR
HISTORY
In recent months, this publication has carried numerous updates on the Bush
White House's actions that have served to delay the release of some 68,000
pages of White House papers dating back to the Reagan Administration which
ought to be released under provisions of the Presidential Records Act of
1978 (PRA; for the most recent posting, see NCC WASHINGTON UPDATE, Vol. 7,
#38, September 20, 2001).  On several occasions, the White House has stated
that the delays were 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."

Apparently, the White House has now had sufficient time to study these
records with an eye toward "constitutional and legal questions" as the Bush
Administration has drafted a new Executive Order (EO) that is now
circulating for internal agency review entitled, "Further Implementation of
the Presidential Records Act." The NCC managed to secure a copy of the
draft EO. Through an arrangement with the Federation of American
Scientists, Project on Government Secrecy, the draft EO is posted at:
http://www.fas.org/sgp/news/2001/11/eopra.html

The proposed EO is characterized by Vanderbilt University historian Hugh
Graham as "a real monster. . . far worse than the 1989 Executive Order it
would replace." According to the consensus opinion of historians and FOIA
experts who have reviewed the document for the NCC, the new EO violates the
spirit if not the legislative language embodied in the Presidential Records
Act and will usher in a new era of secrecy for presidential records.

Historian Graham, who has long had an interest in the release of the Reagan
Presidential papers stated, "I am surprised by such broad overreaching by
the Bush White House.  They would reverse an act of Congress with an
Executive Order...[and] would 'implement' the PRA by gutting it through an
executive decree." A spokesperson for the Public Citizen Litigation Group
characterized the draft EO as "blatantly unlawful top to bottom."  Steven
Aftergood of the Federal of American Scientists, Project on Government
Secrecy states, "We are not talking about protecting national security
information of properly classified documents that otherwise are exempt. . .
this is a whole other claim and creates suspicion that once National
Security, privacy, and other statutory restrictions are lifted, all that is
left to protect is potential embarrassment."   American University
historian Anna Nelson agrees that "this Executive Order seeks to protect a
wide variety of mere 'confidential communications' that a sitting President
would not like to see released to the public."

In a nutshell, the draft EO reverses the very premise of public access of
PRA which provides for the systematic release of presidential records after
12 years through a Freedom of Information (FOIA) request.  It replaces a
January 18, 1989 Reagan decree (Executive Order 12667) with a requirement
that a FOIA request must be justified by some "demonstrable, specific
need."  In processing the request, the new EO requires that the Archivist
of the United States win agreement by both the former President and
incumbent President (both of whom are given virtually unlimited time to
ponder the request), and then, if the former President says the records are
privileged, they will remain secret even if the sitting President
disagrees.  If the sitting President says they should be privileged, they
remain secret even if the former President disagrees. In essence, in the
interest of keeping historical papers closed, the incumbent President can
trump the wishes of a former President. Informed sources  report that the
families of several former Presidents are not pleased with the language of
the proposed Order.

The basis of the restrictive language of the EO rests on constitutional
claims drawn from what one legal scholar characterized as "a selective
reading" of the 1977 case, "Nixon v. Administrator of General
Services."  By contrast, Congress passed the PRA in order to provide for
specified exemption categories for exemption from the norm of public
access.  Undoubtedly, should the Executive Order be adopted without
revision (which at present appears to be the case), the Executive Order
will be challenged in court.  The NCC expects the Executive Order to be
issued early next week.

2.   TREASURY BILL READY TO MOVE - FLAT FUNDING FOR NHPRC
House and Senate conferees reached agreement on a $32.76 billion Treasury,
Postal Service and General Government Appropriations Act for FY 2002 (H.R.
2590).  On October 31, the House adopted the Conference Report (H. Rept.
107-253) by a vote of 339 - 85. Senate action is expected shortly.  The
measure provides funding for the National Archives and Records
Administration (NARA) including the National Historical Publications and
Records Commission (NHPRC).

The Conference Report focused on the NHPRC.  House of Representatives had
recommended a FY 2002 appropriation of $10 million for the NHPRC but had
earmarked $2.7 million for special projects in Oklahoma and
Massachusetts.  The Senate pegged the NHPRC appropriation at $7.3 million
but did not include any earmarks. While NHPRC supporters were hoping that
the conferees would adopt the Senate figure of $7.3 million and drop out
the earmarks, the hoped for $1.3 million in new funds did not materialize.
Hill insiders report that lawmakers were confronted with extraordinary
fiscal needs to fight terrorism by the Customs Service (which includes
border inspection operations), with new demands on the Postal Service, and
with the need to create the new White House Office of Homeland Security and
consequently, "Nobody got everything they asked for" stated a Treasury
Department spokesperson.

In the end, for the NHPRC, conferees agreed to shift the two controversial
earmarks to the General Services Administration (GSA) budget.  While the
NHPRC now has a "clean" bill, funding for the Commission grant program is
pegged at $6.436 million, which merely provides only for a slight increase
for the agency over FY 2001.  The figure agreed to is, however, $2 million
higher than the President's FY 2002 request.

3.    ADAMS MEMORIAL BILL SENT TO PRESIDENT
Congress has passed legislation (H.R. 1668) authorizing a national memorial
on federal land  in Washington D.C. to honor former President John Adams,
his wife Abigail Adams, former President John Quincy Adams, and the
family's legacy of public service.  The bill passed the House on June 25
and cleared the Senate on October 17; it was presented to the President for
his signature on October 25.  Passage of the bill foreshadows what some
Hill insiders believe will be another contentious debate over just how many
more memorials should be placed on the National Mall.

Just last month, concerned about the proliferation of memorials in the
Mall's core, three federal commissions that pass judgement on the design
and placement of memorials in the District of Columbia, adopted a plan that
bans additional monuments on all but two sites in the heart of the
Mall.  However, the Adams legislation's chief sponsor, Rep. Timothy J.
Roemer (D-Ind), in hearings on the bill earlier this year, stated his
desire to see the Adams Memorial built on the Mall between the Jefferson
Memorial and the Washington Monument. His suggested location would violate
the new restrictions.  Congress has not hesitated to override the decisions
and recommendations of the various D.C. planning commissions, as it did
earlier in the year when it passed legislation barring further hearings on
the controversial World War II Memorial slotted for construction near the
Lincoln Memorial.  Other sites for the Adams Memorial are also likely to be
considered, including a proposal to build the Memorial in front of the
National Archives.  Once a site is selected, the design of the Adams
Memorial must be approved by the Fine Arts Commission and the National
Capital Planning Commission and is expected to be made in accordance with
the Commemorative Works Act.

The legislation finds that John Adams and several generations of family
members, individually and collectively, have "enriched the National through
their profound civic consciousness, abiding belief in the perfectability of
the Nation's democracy, and commitment of service and sacrifice for the
common good."  The bill forbids the use of any federal funds to pay for the
Memorial but rather, authorizes the Adams Memorial Foundation to raise the
funds for the project privately. Once the Memorial is constructed, John
Adams will join nine other Presidents who have been honored with monuments
in the District of Columbia.

4.   NEWS BITS AND BYTES
Item #1 - Heritage Health Index: Heritage Preservation, Inc. in partnership
with the Institute of Museum and Library Services and with major funding
from the Getty Grant Program will assess the condition of collections in
the nation's museums, libraries, archives, and historical societies every
four years.  At present, no national survey is conducted on a regular basis
to produce credible statistics regarding the condition of the nation's
artistic, historical, and scientific collections. Several working groups
have been established to reflect the diversity of institutions to be
surveyed; the work groups are organized based on types of materials to be
surveyed (paintings, prints and drawings, books and manuscripts, etc.).
Heritage Preservation plans to contract with a research survey firm to
collect data, and then a Heritage Health Index will be used to report on
the condition and needs of the nation's collections. Additional information
about the program may be obtained by contacting Kristen Overbeck (202)
634-0033 or contact her via e-mail at: koverbeck@heritagepreservation.org.

Item #2 - Ernest R. May Keynotes COSSA Annual Meeting: On October 29, 2001,
Ernest May, the Charles Warren Professor of American History at the John F.
Kennedy School of Government, Harvard University and co-author of "Thinking
in Time: Uses of History for Decision Makers" was the featured lunch
speaker at the 20th annual meeting of the Consortium of Social Science
Associations (COSSA) in Washington D.C.  Professor May's comments focused
on how historians contribute to social science policy-making.  He also made
some relevant comments on how he believed the newly established Office of
Homeland Security should be modeled on historical precedent as epitomized
by the Office of War Mobilization which President Franklin D. Roosevelt set
up in 1943.  May's comments on the Homeland Security Office were reflected
in an Op-Ed entitled "Small Office, Wide Authority" which appeared the next
day (October 30, 2001) in the New York Times.

Item #3 - NARA Names New Assistant Archivist for Presidential Libraries:
Archivist of the United States, John W. Carlin, announced the appointment
of Richard L. Claypoole as the new Assistant Archivist for Presidential
libraries.  The Office of Presidential Libraries consists of 10
Presidential libraries (Hoover through Bush, with the exception of Nixon)
and two Presidential materials projects (Nixon and Clinton).  Claypoole, a
26-year career employee at NARA, will assume his new duties November 5,
2001. Claypoole began his National Archives career at the Federal Register
in 1974, after having worked for the Veterans' Administration for three
years.  He served as Assistant Archivist for Regional Record Services where
he was responsible for supervising the operations of all of the regional
archives and records center facilities across the country.  In 1995,
Claypoole was appointed to the position of Director of the Federal Register.

Item #4 - Bush Decrees October National Arts and Humanities Month:  On
October 25, President George W. Bush issued the following proclamation:
"I am pleased to join my fellow Americans in observing National Arts and
Humanities Month in October. The arts and humanities enrich our lives,
inspire our hearts and minds, and help us to view the world from a
different perspective. Capturing the diversity and richness of human
experience, they allow us to explore ideas and emotions and to better
understand our history, culture, and beliefs.  The study and appreciation
of the arts and humanities serve as both a unifying force in society and as
a vehicle for individual expression. During these extraordinary times, the
arts and humanities have provided means for coping and healing in the face
of tragedy.  Since the September 11 attacks, individuals and groups
throughout our country have joined together to celebrate their patriotism
by proudly singing "The Star-Spangled Banner" and "God Bless
America."  Others have expressed their grief by creating visual or written
tributes to those who lost their lives.  People of all ages have documented
their personal experiences, firsthand knowledge, and impressions of recent
events to create a lasting historical record for future generations. These
varied activities point to the vital importance of the arts and humanities
in maintaining a vibrant society and a strong democracy. During National
Arts and Humanities Month, I encourage all Americans to reflect on the
contributions of these creative and intellectual traditions to our quality
of life, and to participate in activities that celebrate the spirit of our
Nation and our love for freedom, justice and peace.
Best wishes on this special occasion."
[signed]
George W. Bush
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *  * * * * *
NCC invites you to redistribute the NCC Washington Updates.  A complete
backfile of these reports is maintained by H-Net on the NCC's web page at
<http://www.h-net.msu.edu/~ncc>.
To subscribe to the "NCC Washington Update," send an e-mail message to
listserv@h-net.msu.edu according to the following model: SUBSCRIBE H-NCC
firstname lastname, institution.  To unsubscribe send an e-mail message to
listserv@h-net.msu.edu according to the following model: SIGNOFF H-NCC.

A posting from the Archives & Archivists LISTSERV List!

To subscribe or unsubscribe, send e-mail to listserv@listserv.muohio.edu
      In body of message:  SUB ARCHIVES firstname lastname
                    *or*:  UNSUB ARCHIVES
To post a message, send e-mail to archives@listserv.muohio.edu

Or to do *anything* (and enjoy doing it!), use the web interface at
     http://listserv.muohio.edu/archives/archives.html

Problems?  Send e-mail to Robert F Schmidt <rschmidt@lib.muohio.edu>