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[NCCmailings] NCC WASHINGTON UPDATE, Vol. 8, #16, April 26, 2002



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From: rbcraig@nccph.org [mailto:rbcraig@nccph.org]
Sent: Friday, April 26, 2002 8:32 AM
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Subject: [NCCmailings] NCC WASHINGTON UPDATE, Vol. 8, #16, April 26,
2002


NCC WASHINGTON UPDATE, Vol. 8, #16, April 26, 2002
by Bruce Craig <rbcraig@nccph.org>
National Coordinating Committee for the Promotion of History (NCCPH)
*****************

1.   Horn Bill on the "Fast-track"-- Burton Sends Warning to Bush
2.   OAH Board Issues "Statement on Honesty and Integrity"
3.   $10 Million Donation to Fund Indian Museum on National Mall
4.   News Bits and Bytes: New NCC Institutional Supporter: The Society of
American Historians; Faculty Salaries on the Rise
5.   Articles of Interest: "Mount Vernon Acts to Bolster Washington's
Presidential Image" (New York Times); "Jefferson Heirs Plan Cemetery for
Slave's Kin at Monticello" (Associated Press)

1.  HORN BILL ON THE "FAST-TRACK"-- BURTON SENDS WARNING TO BUSH
In the second hearing in so many weeks, the House Committee on Government
Reform, Subcommittee on Government Efficiency, Financial Management and
Intergovernmental Relations heard from a panel of distinguished legal
scholars on Representative Stephen Horn's (R-CA) legislation, "The
Presidential Records Act Amendments of 2002" (H.R. 4187).  The bill is
designed to overturn President Bush's Executive Order 13233 that
establishes new procedures for implementation of the Presidential Records
Act (PRA).

In addition to hearing from the scholars and various members of the
Committee, Representative Dan Burton (R-CA), Chair of the full Government
Reform Committee, made an appearance and lashed out at President Bush for
signing Executive Order 13233.  "This Executive Order just goes too far.  .
. .for the White House to block access to historical documents that
Congress has a right to is just insane."  In no uncertain terms an animated
Burton blamed Bush's Justice Department aides for giving Bush some "bad
advice" about signing the E.O.  Burton also expressed his full support for
HR 4187 and predicted that the measure will pass the House.  He minced no
words when he directed comments to one of the witnesses, Todd Gaziano of
the Heritage Foundation, who spoke against the Horn measure, telling him,
"If the President vetoes it, he does so at his own peril....[you] take that
statement back to the President."

Burton's appearance put to rest any concerns that some Hill insiders had
that the Republicans on the Committee were feeling pressure from the White
House and were considering stepping back from the legislation.  According
to some Hill insiders, the House GOP leadership still may attempt to kill
the measure by preventing it from reaching the House floor to avoid
embarrassing the President. But as the hearing drew to a close, the
Committee leadership announced that the bill would be marked up in the near
future -- probably next week -- indicating that the bill is now on a
"fast-track."

The hearing on was chaired by Rep. Stephen Horn (R-CA) who welcomed the
four panelists: Jonathan R. Turley, Professor of Law at George Washington
University Law School; Morton Rosenberg, Specialist in American Public Law
at the Congressional Research Service; Mark J. Rozell, Professor of
Politics at The Catholic University of America; and Todd Gaziano, Director
of the Center for Judicial and Legal Studies, The Heritage
Foundation.  Horn noted that the Department of Justice declined the
Committee's invitation to testify. In addition to the panelist's testimony,
letters in support of the legislation were entered into the official
hearing record from a number of distinguished legal experts and by Dr. John
Brademus (a former Indiana Congressman who played a key role in passage of
the Presidential Records Act of 1978) and ARMA International, a 10,000
member association for the records and information management profession.

Three of the four panelists voiced their support for the Horn bill.
Professor Turley stated that Bush's Executive Order 13233 "is fatally
flawed as a matter of law and extremely misguided as a matter of public
policy."  He stated that he was "supportive of H.R. 4187 in both its
language and purpose." In his 33-page testimony, Turley traced the history
of presidential papers as public property and raised a number of concerns
about "the inherent conflict" between the [PRA] statute and E.O. 13233.

Mr. Rosenberg stated his belief that H.R. 4187 is "well within the
parameters of Congressional authority" and that he had "no substantial
constitutional concerns with the bill." Rosenberg noted that "well over 200
executive orders have been revoked or modified since Glover Cleveland" and
that the intent of the legislation is therefore not without precedent.  The
key concern that troubled Rosenberg in the Bush executive order was "the
derogation of powers of the archivist," which clearly "frustrates
Congressional intent."

Making his second appearance before the Subcommittee, Professor Rozell also
focused his remarks on how the executive order "unlawfully displaces the
decision-making authority vested in the archivist." According to Rozell,
"the President does not have the authority to use executive orders to
negate statutory authority" and HR 4187 was an "appropriate" legislative
remedy "to solve such problems rather than to allow an executive order to
supercede an Act of Congress." Rozell also spoke to provisions in the draft
bill and praised lawmakers for placing the burden for those seeking to
withhold documents "once again where it belongs: on those who want to
withhold information."

The Heritage Foundation's Todd Gaziano was the only panelist to speak in
opposition to the legislation though he too admitted that aspects of the
executive order "may have gone a little too far." For the record, Gaziano
expressed his "grave doubts about the constitutionality of H.R. 4187" and
expressed his central concern in terms of the legislation's impact on
executive privilege and the constitutional doctrine of separation of
powers.  Gasiano focused much of his testimony on a detailed analysis of
H.R. 4187 and noted a number of  provisions that he found especially
troubling.  For example, he drew the Committee's attention to the
"inadequate and inflexible deadline" that granted a former President only
20 days (with the possibility of a 20-day extension) to assert any
constitutionally-based privilege claims; Gasiano suggested a longer review
period. Gaziano also made a passing remark that served to confirm what some
historians have long suspected was a primary motivation of the Justice
department attorney-advisors who crafted the E.O. for the President to
sign: "The careers and reputations of government officials often extend
beyond 12 years and they are conscious of this." With respect to this
concern, Gaziano pointed out that in the legislative history of the PRA
bill Senator Charles Percy wanted a 20-year waiting period before releasing
documents. (During questioning, other panelists expressed their views that
the 12 year rule was sufficient and noted that recent case law reaffirms
that executive privilege "erodes over time" and that a 12-year time frame
was a "suitable compromise" supported by both Republic and Democratic
members when the PRA was enacted.)

After presenting testimony, the panelists fielded thoughtful questions from
members of the Committee. Both Chairman Horn and Representative Janice D.
Schakowsky (D-IL) asked panelists to comment on changes they would like to
see in the bill. Panelists had few specific suggestions but did present
differing views on the time frame for a former president to make a legal
claim of executive privilege in court. Congressman Doug Ose (R-CA) who in
his opening statement had boldly stated that "this executive order needs to
be rescinded, period" asked whether it would be better to merely "rescind
the executive order" and not enact new legislation.  Again panelists
expressed differing views. Most saw the need to establish the procedures
outlined in the legislation as "it makes a better PRA." Mr. Rosenberg,
however, disagreed stating his opinion that it was a viable option to "get
rid of the executive order and leave it to the archivist and existing
regulations and guidelines."

With passage of the bill out of the House Committee virtually assured,
advocates of the measure are concentrating on building the list of House
co-sponsors (especially Republicans) and are beginning to work the Senate.
With a growing list of bi-partisan cosponsors (now up to 30) the Committee
leadership expects the measure to easily pass out of Committee when it is
marked up, possibly as early as next week.

NCC ACTION ITEM: Additional co-sponsors are still needed for Rep. Horn's
legislation "The Presidential Records Act Amendments of 2002" (H.R. 4187).
The historical and archival communities are urged to IMMEDIATELY contact
members of Congress and encourage them to become co-sponsors of the Horn
bill.  It is especially important that Republican members of the Committee
on Government Reform who are still not co-sponsors be contacted and urged
to become co-sponsors.  They include: Constance A. Morella of Maryland;
Ileana Ros-Lehtinen, John Mica, Joe Scarborough, Dan Miller, Dave Weldon,
and Adam Putnam of Florida; John McHugh of New York; Thomas M. Davis III,
Jo-Ann Davis, and Edward L. Schrock of Virginia; Mark Souder and  C.L.
"Butch" Otter of Indiana; Bob Barr of Georgia; Ron Lewis of Kentucky; Todd
Platts of Pennsylvania; and Chris Cannon of Utah. If any of the above
Members represent you in Congress, PLEASE CALL.

To call the Member of the House of Representatives who represents you, dial
the Capitol switchboard telephone number at (202) 224-3121 and ask to be
connected with your Congressional representative's office.  The message
that needs to be communicated is simple: Request that your representative
become a co-sponsor of "The Presidential Records Act Amendments of 2002"
(H.R. 4187) introduced by Representative Horn on April 11, supported by
House Government Reform Committee Chair Dan Burton, and currently supported
by a bi-partisan list of over 30 co-sponsors.  PLEASE TAKE ACTION TODAY!

In other related news, the American Political Science Association has now
joined the list of plaintiffs in the suit brought by the American
Historical Association, the National Security Archive, the Organization of
American Historians, the Reporters Committee for Freedom of the Press, and
Public Citizen to block implementation of E.O. 13233.  The plaintiffs are
awaiting word on the scheduling of oral arguments before the federal court
of jurisdiction.

2. OAH BOARD ISSUES "STATEMENT ON HONESTY AND INTEGRITY"
In light of recent disclosures of plagiarism and other scholarly
indiscretions by prominent historians, during the recent meeting of the
Organization of American Historians (OAH) the Executive Board issued a
"Statement on Honesty and Integrity in Teaching and Writing" that
specifically condemns lying by teachers and professors. The Statement is as
follows:

"Honesty and integrity should undergird the work of all historians.
Historians seek truth about the past in an effort to better understand
historical developments and how they relate to the present and
future.  When students encounter historians in the precollegiate, community
college, and university classroom, there is an implicit trust on the part
of the student that the history teacher or professor will convey a truthful
representation of the past when s/he is discussing historical themes,
events, places, or individuals. The OAH categorically condemns lying as
well as falsification and deliberate distortion in the teaching of history.
Such mendacity is an ethical violation of the principle of truth on which
the historical profession is based. Similarly, plagiarism also undermines
the search for truth. Stealing another writer's work and offering it as
one's own is not only a violation of law that can result in legal action,
but it is an attack on the credibility of the historical profession as a
whole. The OAH endorses the American Historical Association (AHA) Statement
on Plagiarism, amended in January 2002, and its conclusion that "All
historians share responsibility for maintenance of the highest standards of
intellectual integrity. . . . Scholarship flourishes in an atmosphere of
openness and candor, which should include the scrutiny and discussion of
academic deception."

In addition to the above statement, other history related professional
organizations have published modifications to standards and statements
relating to ethical conduct.  For example, the AHA "Statement on Standards
of Professional Conduct" as well as the Statement on Plagiarism" were
revised in January 2002 (see: <http://www.theaha.org/standard_02.htm)>. In
addition, readers may find the following guidelines of relevance: the
American Association for State and Local History "Statement of Professional
Ethics"(<http:/www.aaslh.org/ethics.htm>), the National Council on Public
History, "Ethical Guidelines for the Historian"
(<http://www.ncph.org/code_of_ethics.htm>), the Oral History Association's
"Oral History Evaluation Guidelines"
(<http://www.dickinson.edu/oha/EvaluationGuidelines.html>), and the Society
for History in the Federal Government's "Principles and Standards for
Federal Historical Programs" (<http://www.shfg.org/standard.html>).

3. $10 MILLION DONATION TO FUND INDIAN MUSEUM ON NATIONAL MALL
Last week, the Oneida Indian Nation became the third tribe to donate $10
million to the National Museum of the American Indian. Last year the
Mohegan Tribe and the Nation of Connecticut also made identical
contributions to the museum which is under construction on the National
Mall in Washington D.C. and scheduled to open in 2004.
The gift is designed to help the museum tell the stories of native peoples
of the Western Hemisphere. Collectively, the donating tribes hope that the
new museum will tell the full story of their peoples and erase what has
been characterized as "inaccurate, archaic and unflattering" images of
Native Americans.
The Oneida is a community of 1,000 people, most of whom live in central New
York state. The tribe owns the Turning Stone Casino Resort (which includes
a 285-room hotel and golf complex), publishes a newspaper called "Indian
Country Today," and owns a textile factory called Oneida Textile Designs as
well as a chain of gas stations and convenience stores.  Collectively,
these enterprises employ over 3,000 people, making the tribe the single
largest employer in two New York counties.
In recognition of the gift, the Oneida will be able to select a site at the
museum (perhaps an auditorium or garden), that will carry the tribe's name.
According to W. Richard West, director of the museum, "This gift adds
momentum -- especially with Congress, [which] was always interested in how
the Indian Nation supported the museum." In its proposed fiscal 2003
budget, the White House has included a request for an additional $10
million for the museum's construction. Congress has yet to approve that
recommendation.

4. NEWS BITS AND BYTES
Item #1 - New NCC Institutional Supporter - The Society of American
Historians: The NCC is pleased to welcome The Society of American
Historians as its most recent institutional supporter. Established in 1939,
the Society seeks to encourage literary distinction in the writing of
history and biography.  The Society awards the Francis Parkman Prize for
the best book in American history (annually); the James Fenimore Cooper
Prize for the best historical novel (biennially); the Bruce Catton Prize
for lifetime achievement in writing of history (biennially); and the Allan
Nevins Prize for the best-written dissertation (annually).  The NCC Policy
Board welcomes the Society of American Historians 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 - Faculty Salaries On the Rise: The American Association of
University Professors (AAUP) has issued a report stating that average
college faculty salaries rose by 3.8% in 2001-02 (the largest increase in
11 years) but the future does not necessarily look rosy.  The report
predicts that events of September 11 and the resulting recession may lead
to a decline in coming years. For now though, the average salary for
full-time faculty members nationwide is $62,895. Full-professors at "all
institutions with academic ranks" show clear salary inequalities between
male and female professors: Full professors: $85,437 male, $75,425 female;
Associate professors: $61,055 male, $56,883 female; Assistant professors:
$51,268 male,  $47,446 female; Instructors $37,456 male, $36,001 female;
Lecturers: $44,143 male; $39,729 female. For more information on the
report, tap into the AAUP website at: http://wwwaaup.org/

5.  ARTICLES OF INTEREST
Two items this week: "Mount Vernon Acts to Bolster Washington's
Presidential Image" (New York Times) and "Jefferson Heirs Plan Cemetery for
Slaves Kin at Monticello" (Associated Press).

In the first article, officials at Mount Vernon, George Washington's home
in Virginia have announced plans to build a new 50,000 square-foot, $85
million museum and visitor orientation complex targeted to attract a
"younger demographic." Two structures will be constructed about 1,000 feet
from Washington's mansion. The new center complex will feature a 15-minute
film about Washington's life produced by Steven Spielberg, a new education
center for students and teachers, and a museum full of memorabilia.
Officials also announced that the project's major donor is the Donald W.
Reynolds Foundation whose funding is derived from the estate of a newspaper
publisher who died in 1993; the Foundation has made a $15 million gift
which is the single largest contribution ever to the property's owner, the
Mount Vernon Ladies Association. Ford Motor Company, the William Randolph
Hearst, and Mars Foundation have also made sizable donations. According to
museum Executive Director Jim Rees, "We are clearly going off in a
different direction from other historical sites." For the article, tap
into: http://www.nytimes.com/2002/04/20/national/20VERN.html
The Associated Press reports that Thomas Jefferson's heirs are proposing
the creation of a separate cemetery on the grounds of Monticello,
Jefferson's estate in Virginia, for the descendants of Sally Hemings, the
slave who may have been the mother of at least one of his children.
According to the article, a report of the Thomas Jefferson also recommends
that a new organization of descendants of the slaves or artisans who worked
on Jefferson's plantations be created.  The Monticello Association is to
meet on May 4-5 and will vote on the proposals.  For the article tap
into:<http://www.nytimes.com/2002/04/21/national/21SLAV.html>.
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