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[NCCmailings] NCC WASHINGTON UPDATE, Vol. 8, #15, April 18, 2002



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From: rbcraig@nccph.org [mailto:rbcraig@nccph.org]
Sent: Thursday, April 18, 2002 3:10 PM
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Subject: [NCCmailings] NCC WASHINGTON UPDATE, Vol. 8, #15, April 18,
2002


NCC WASHINGTON UPDATE, Vol. 8, #15, April 18, 2002
by Bruce Craig <rbcraig@nccph.org>
National Coordinating Committee for the Promotion of History (NCCPH)
*****************

1.   Bill Introduced to Nullify Executive Order
2.   Museum and Library Services Reauthorization Act Gets Senate Hearing
3.   Organizations Call for NEH Appropriation of $155 Million
4.   Eldred Case Update: Assistance Requested
5.   News Bits and Bytes: New NCC Institutional Supporter: NCSHPO; NARA
Comments Sought on Hours of Operation; Awards Program Announced for
Museums, Libraries, Cultural Institutions; Government Waste Report
6.   Articles of Interest: "Should History Record the Unvarnished Bush?
(Washington Post); "Bush Team Thumbs Its Nose at FOIA" (Insight magazine)

1.   BILL INTRODUCED TO NULLIFY EXECUTIVE ORDER
On April 11, 2002, legislation was introduced by the leadership of the
House Committee on Government Reform declaring that President Bush's
Executive Order 13233, "Further Implementation of the Presidential Records
Act," which imposed new restrictions on public access to presidential
records from past administrations, "shall have no force or effect."

The bill, "The Presidential Records Act Amendments of 2002" (H.R. 4187) was
introduced by Representative Stephen Horn (R-CA), Chair of the House
Subcommittee on Government Efficiency, Financial Management, and
Intergovernmental Relations.  (For the full text of the legislation, tap
into: the following link:
<http://www.fas.org/sgp/congress/2002/hr4187.htmlhttp://www.fas.org/sgp/cong
ress/2002/hr4187.html>.
He was joined by Representatives Dan Burton (R-IN), Chair of the Committee
on Government Reform, Henry A. Waxman (D-CA), Ranking Minority Member of
the committee, committee member Janice D. Schakowsky (D-IL), and over
twenty co-sponsors.  The bill was introduced shortly after Horn conducted a
hearing where four distinguished presidential historians called for
Congress to take action on President Bush's executive order.

Chaired by Rep. Horn, the hearing, "The Importance of Access to
Presidential Records: The Views of Historians," focused on the views
of  historians Robert Dallek, Richard Reeves, Stanley Kutler, and Joan
Hoff, all of whom have had extensive experience in working with
presidential records.  Letters of support were entered into the hearing
record from Arthur Schlesinger Jr. and John Morton Blum as was an editorial
published in the November 11 issue of the Fort Worth Star-Telegram by the
late Hugh Davis Graham.

Though Committee Chair Burton was unable to attend the hearing due to
serious illness in his family, he did submit written testimony stating his
strong opposition to the E.O. 13233.  "The president is doing a great job,
. . . unfortunately, he got some bad advice on this issue," wrote Burton,
and "it is my hope that Congress will show diligence when it comes to
correcting the excesses of Executive Order 13233."

 From the dais, Horn stated that the Bush executive order represented "an
extremely expansive
view of the scope of executive privilege,"  Among other novel claims, the
order asserts that executive privilege could be inherited by the estate of
a deceased president. For this and other reasons, Rep. Horn said, the Bush
order "violates the letter and spirit of the Presidential Records Act," the
1978 law that governs the disposition of presidential
records.  Representative Horn then stated that his bill seeks to alter
Executive Order 13233 with a statutory process for reviewing presidential
records for possible claims of executive privilege, but it "still preserves
the constitutional right of a former President or incumbent President to
claim Executive privilege." (For Horn's introductory statement, tap into:
<www.fas.org/sgp/congress/2002/041102horn.html>.

During the hearing, all four historians offered expert testimony on their
experiences when working with presidential records.  All gave their
opinions on the impact that the Bush Executive Order will have on
researchers.  Kutler argued that the E.O. 13233 has "nothing to do
whatsoever to do with protecting the nation . . . .It has everything to do
with protecting our exclusive club of ex- and future ex-presidents."  Hoff
described Bush's action as an attempt to act in secret and an effort to
rewrite two congressional statutes: the Presidential Records Act of 1978
and the Freedom of Information Act. Dallek stated that "if Mr. Bush's Order
is left standing. . . .it will return us to the era when presidents owned
and controlled access to the documentary record generated during their
administrations."  In his testimony, Reeves quoted from James Madison: "A
government without popular information, or the means of acquiring it, is
but a prologue to a farce or a tragedy; or perhaps both.  Knowledge will
forever govern ignorance; and a people who mean to be their own governors
must arm themselves with the power which knowledge gives." (The full
testimony of all four historians may be found
at:<http://www.fas.org/sgp/congress/2002/index.html#pra>.)

The witnesses offered their testimony to a constant stream of House
members, including Representatives Carolyn B. Maloney (D-NY), John F.
Tierney (D-MA), Eleanor Holmes Norton (D-DC), Benjamin A. Gilman (R-NY),
Doug Ose (R-CA), Stephen F. Lynch (D-MA), William. L. Clay (D-MO), and
Diane E. Watson (D-CA), in a strong showing of bipartisan support for the
Horn bill. In his opening statement, Rep. Waxman stated that the executive
order turns the 1978 PRA upside down and "the first victims are the
historians, but the real victims of this order are the U.S. people, who
have a right to know how their government works."

After listening to the historians' testimony and statements from the
members of the Committee, Rep. Horn opened the floor for questions.  Rep.
Ose questioned if the Horn bill was still necessary since 68,000 papers
from the Reagan Administration were just released, leaving only about  160
pages still "under review."  Kutler responded that the Horn bill was not
moot and that the list of unreleased Reagan papers were very promising,
pertaining to judicial appointments.  Dallek argued that regardless of the
Reagan papers release, the principle of freedom of information about the
presidency is what is at stake: if the order stands "people will have to
fight every inch of the way" to see the documents that demonstrate how the
U.S. government works.

Rep. Ose asked for comments or improvements on the Horn bill.  Kutler
replied that the most disturbing aspect of E.O. 13233 was the provision
that provides Justice Department financing for the defense for a former or
incumbent president if a lawsuit is brought against him to force the
release of documents.  "No one can compete against that type of financial
backing," he said.  In her testimony, Hoff described several sections of
E.O. 13233 that she found particularly disturbing and praised the Horn bill
as it repeals the need for historians, graduate students, and other
researchers. to obtain legal representation in order to conduct important
research on the presidency.

The Government Reform Committee intends to hold yet another hearing this
next week.  On April 23, 2002, its subcommittee of jurisdiction, the
Subcommittee on Government Efficiency, Financial Management and
Intergovernmental Relations will hear from a panel of lawyers who will
comment on various aspects of the Horn legislation.

NCC ACTION REQUEST:  The historical and archival communities are urged  to
contact members of Congress (especially Republicans) and encourage them to
become cosponsors of the Horn bill.  A phone call to the member of the
House of Representatives who represents you will do: the Capitol
switchboard telephone number is (202) 224-3121.  The message that needs to
be communicated is simple: request that your Representative become a
co-sponsor of H.R. 4187 ("The Presidential Records Act Amendments of 2002")
introduced by Representative Horn on April 11.  PLEASE TAKE ACTION TODAY!

[Editor's note: Special thanks to Miriam Hauss who contributed to this
story and to the Federation of American Scientists, Project on Government
Secrecy which provided the internet links.]

2.  MUSEUM AND LIBRARY SERVICES REAUTHORIZATION ACT GETS SENATE HEARING
On Wednesday, April 10, 2002, Senator Jack Reed (D-RI) opened the Senate
hearing on reauthorization of the Museum and Library Services Act by
stating that "the library is the place where love of reading is born" and
that museums "celebrate our heritage and our heroes."  Reed said that he
was particularly interested in the proposal to double the minimum state
allotment (an action the House had already taken; see "Mark-up of Museum
and Library Services Act of 2002," in NCC WASHINGTON UPDATE, Vol. 8, #9,
March 8, 2002), and would be in favor of doubling the amount to $680,000
which would help many small states.  He also hoped that the Senate would be
able to move forward on a bipartisan basis to a swift reauthorization of
the Museum and Library Services Act.

In their opening statements, Senators Susan Collins (R-ME) and Michael B.
Enzi (R-WY) both expressed their support for an increase in the base
allocation. Robert Martin, Director of IMLS, described how museums and
libraries contributed to lifelong learning and education. He declared his
support for the provision in House bill H.R. 3784 that would establish one
museum and library board under a single statute.  Senator Reed questioned
Martin regarding his support for a change in the minimum base allotment,
and  Martin responded that this had been agreed upon by the state library
agencies and that the larger states came together to support it.  He stated
that in his opinion it was a recommendation that should be honored.  David
Macksam, Director of the Cranston Public Library in Cranston, Rhode Island,
and Joseph Philips, Director of the Maine State Museum also presented
testimony in a second panel.

Meanwhile, in the House of Representatives, action on Rep. Peter Hoekstra's
(R-MI) legislation (H.R. 3784) that currently has 94 cosponsors, is
pending.  A report of the Committee on Education and the Workforce (H.
Report 107-395) has been issued.  Final action on the bill in the House is
expected in the near future.

3.  ORGANIZATIONS CALL FOR NEH APPROPRIATION OF $155 MILLION
Testimony was recently submitted on behalf of the National Humanities
Alliance (NHA) and the National Coordinating Committee for the Promotion of
History (NCCPH) calling for the House and Senate Interior Appropriations
Subcommittees to allocate $155 million in FY 2003 for the National
Endowment for the Humanities (NEH).  Both groups are calling for an
increase of $30.5 million over last year's enacted level of $124.5 million.

This year, written testimony for the official record was invited in lieu of
a public hearing.  The NHA, a coalition of more than 80 national humanities
organizations represents scholars, teachers, librarians, archivists, museum
professionals, and others involved in humanities across the country. In
addition to the NHA, the Policy Board of the National Coordinating
Committee for the Promotion of History also endorsed the $155 million
figure when it met last week during the Organization of American Historians
annual meeting in Washington D.C.  The NCCPH is a coalition of over 60
archival, historical, and preservation organizations.

The NEA letter that is addressed to the Chairman of the House Interior and
Related Agencies Subcommittee details the argument for the $155 million
request by program area and can be downloaded from the NHA web site at:
http://www.nhalliance.org/testimony/2002/02-testimony-nha.pdf.

Interested individuals and institutions may wish to send additional letters
supporting the higher appropriation levels for the NEH.  Address letters
to: The Honorable Joe Skeen, Chair, Interior and Related Agencies
Subcommittee, U.S. House of Representatives, 2302 Rayburn HOB, Washington,
D.C. 20515-3102.

4. ELDRED CASE UPDATE - ASSISTANCE REQUESTED
As previously reported in this publication (see "Supreme Court to Hear
Copyright Extension Case," NCC WASHINGTON UPDATE, Vol. 8, #8, March 1,
2002) the U.S. Supreme Court has agreed to hear Eldred v. Ashcroft, a case
which challenges the constitutionality of the Sonny Bono Copyright Term
Extension Act (CTEA).  The legislation has resulted in a significant
decline in works entering the public domain--resources critically important
for researchers and educators.

Now that the Court has agreed to hear the case, a number of organizations
including the Society of American Archivists, the American Historical
Association, and the Organization of American Historians, to name a few,
will likely be filing or signing on to various amicus briefs that are
currently being drafted. These briefs seek to explain the impact on the
public domain of the twenty-year extension and the deleterious impact on
access to information that supports scholarship and teaching.  In addition,
there will be a number of other briefs filed that challenge the CTEA from
different perspectives.

According to the American Library Association (ALA) - one of the lead
organizations working in concert with other members of a group called
Shared Legal Capability which is coordinating the effort to see appropriate
briefs filed - all briefs must be filed with the Supreme Court by May 20,
2002. Oral arguments before the Court will occur in the Fall of 2002.

In order to facilitate the preparation of briefs, the ALA requests examples
of the following:
1) titles or list of works that libraries or faculty members had hoped to
use (e.g., digitization projects or materials for a course) that would have
fallen into the public domain but are now covered by the additional
extension;
2) examples of difficulties encountered in obtaining permissions for older
works and /or for those that are now covered by the 20-year extension; this
could include difficulties in tracking owners/ownership information of
older materials, expensive fees, and the like.  Please provide the
information BY MAY 10 to ALA contact, Carol Ashworth
at  <cashworth@alawash.org>.  For more information on the status of the
case, tap into: <http://eldred.openlaw.org>.

5.  NEWS BITS AND BYTES
Item #1 - New NCC Institutional Supporter - NCSHPO: The NCC is pleased to
welcome the National Conference of State Historic Preservation Officers
(NCSHPO) as its most recent institutional supporter. The NCSHPO is the
professional association of state government officials who carry out the
national historic preservation program pursuant to the National Historic
Preservation Act (16 USC 470). Among other duties, members of the
organization locate and record historic properties, nominate significant
historic properties to the National Register of Historic Places, foster
historic preservation programs at the state and local government level, and
provide technical assistance on restoration and other preservation
activities to federal agencies, state and local governments, and the
private sector. The NCC Policy Board welcomes the NCSHPO to the NCC's fold.
The NCCPH welcomes communications from representatives of potential
institutional supporters of the NCC; for full details, contact the editor
at: <rbcraig@nccph.org>.

Item #2 - NARA Seeks Comments on Proposed Changes to Facility Hours of
Operation:
The National Archives and Records Administration (NARA) proposes to amend
its regulation that lists NARA facilities and hours when the public and
other Federal agency staff may use the records in those facilities. The
proposed rule includes corrections to email addresses for the presidential
libraries, corrections to phone and fax numbers, and in some cases,
modifies the hours that these facilities are open for research. In
addition, NARA is also proposing a uniform policy on research room facility
closings for Federal holidays in order to standardize them throughout NARA.
This proposed rule affects members of the public who do research at NARA
facilities.  The proposed rule appeared in the April 15, 2002 Federal
Register on page 18146.  Comments are due on June 14, 2002. For the
proposed rule, tap into: http://www.nara.gov/nara/pubcom.html.

Item #3 - Awards Program Announced for Museums, Libraries, Cultural
Institutions:
The President's Committee on the Arts and the Humanities will present
"Coming Up Taller" awards to non-profit organizations, state or local
governments, or federally designated tribal communities conducting
out-of-school programs using the arts and humanities to enrich the lives of
underserved children.  The President's Committee welcomes the participation
of the Institute of Museum and Library Services along with the National
Endowment for the Arts and the National Endowment for the Humanities in
making these awards possible. This year, there will be ten awards of
$10,000 each. The deadline is April 26, 2002.  For information on how to
apply for these awards, tap into:
<http://www.imls.gov/whatsnew/current/031902.htm>.

Item #4 - Government Waste Report:
On April 9, 2002, Citizens Against Government Waste, self-described as a
"non-partisan. . . . watchdog organization for exposing. . . .government
waste and safeguarding the interests of taxpayers in Washington," released
its "2002 Congressional Pig Book" of what the organization considers to be
congressionally appropriated "pork projects" in the federal budget.  This
year, the total is $20.1 billion, a 9% increase from FY 2001 of which
projects relating to art, history, and the humanities reportedly total
nearly $155 million.  A search of the organization's database under such
topics as "culture," "historic preservation" and "humanities" reveals that
the following programs are characterized as congressional "pork": $125,000
to the Albany Institute for History and Art for a technology project;
$450,000 to the Northwest Museum of Arts and Culture in Washington state
for a Star National Program; $1,000,000 to the Louisiana Department of
Culture, Recreation and Tourism for activities related to the bicentennial
celebration of the Louisiana Purchase; $2,000,000 to the National Museum of
African American History and Culture Plan, Presidential Action Committee.
For the online version of the report, tap into: <http://www.cagw.org>.

6.  ARTICLES OF INTEREST
This week, two articles of interest: first, "Should History Record the
Unvarnished Bush? (The Washington Post April 16, 2002; p. A-17) reports
that in the past, both Democratic and GOP administrations have "cleaned up
transcripts" of the official record of presidential
communications.  However, according to the article, the Bush Administration
has taken the practice to new heights in correcting presidential
bloopers.  To this end, the Bush White House has recently made a number of
corrections to the President's as-delivered remarks.  Last week, for
example, President Bush declared that he wanted every American to volunteer
"4,000 years" (a variation of his usual call for "4,000 hours") in the
service of the country.  A day earlier, "boos, shouts and cheers along with
the President's struggle to deliver his lines" were deleted from the White
House transcript of another event.  According to Joe Lockhart, a former
press secretary for President Bill Clinton, "these transcripts are done for
near-term history as well as long-term history and it's a real problem if
they start rewriting them.  The White House is rewriting history."  For the
article tap into:
<http://www.washingtonpost.com/wp-dyn/articles/A56556-2002Apr15.html>.

A second article of interest is Timothy Maier's "Bush Team Thumbs Its Nose
at FOIA" (Insight Magazine - posted April 8, 2002; issue date may 6, 2002)
- an analysis of the Bush Administration's view toward FOIA and access to
federal government records.  According to Maier, a number of directives
issued by Attorney General John Ashcroft are indicators of "the tone of how
the Bush demonstration now would honor the Freedom of Information
Act."  Maier states that while Bush enjoyed 75% approval ratings, few
objected to tightening the FOIA noose, but eight months later, media
complaints are starting to be heard.  For the article, tap into:
<http://www.insightmag.com/news/229694.html>.

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