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[NCCmailings] NCC WASHINGTON UPDATE, Vol. 8, #25, June 20, 2002



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From: rbcraig@nccph.org [mailto:rbcraig@nccph.org]
Sent: Thursday, June 20, 2002 11:56 AM
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Subject: [NCCmailings] NCC WASHINGTON UPDATE, Vol. 8, #25, June 20, 2002


NCC WASHINGTON UPDATE, Vol. 8, #25, June 20, 2002
by Bruce Craig <rbcraig@nccph.org>
National Coordinating Committee for the Promotion of History (NCCPH)
*****************

1.  White House Clears First Release of Bush P-5 Vice-Presidential Records
2.  House Delays Action on "National Monument Fairness Act" 3.  NEH/Interior
Department Funding Update 4.  Museum and Library Services Act Introduced in
the Senate 5.  Juneteenth Celebration Marks End of Slavery 6.  News Bits and
Bytes: Fish and Wildlife Issues Finding on Smithsonian
Secretary's Private Collection; NCC Submits Letter for the Record on Cold
War Theme Study; Advisory Council for Historic Preservation Meeting;
Arts/Museum Leader J. Carter Brown Dies
7.  Articles of Interest: "They Heard It All Here, And That's The Trouble"
(Washington Post); "Deep Throat's Identity Revealed? (Salon.com and NBC
"Dateline")

1.  WHITE HOUSE CLEARS FIRST RELEASE OF BUSH P-5 VICE-PRESIDENTIAL RECORDS

On June 14, 2002, White House Counsel Alberto R. Gonzales authorized the
release of 844 pages of P-5 records (official records reflecting
"confidential advice" to the President) of President Bush's father when he
was Vice-President under Ronald Reagan. The papers are the first
installment of Vice-Presidential records cleared under the new procedures
established by Executive Order 13233 that President Bush signed in November
2001.

Under relevant provisions of the Presidential Records Act, the release of
these documents should have taken place in January 2001, but was held in
abeyance because Bush White House officials wanted first to examine the
papers.  It is believed that the release is a tactical legal response to a
"discovery request" filing by Public Citizen Litigation Group on behalf of
that organization and a coalition of historical, archival, and media groups
that are challenging the legality of provisions of the Bush executive order.

Neither the White House nor the National Archives has yet compiled a list
of what Bush P-5 papers have been released and which ones are still under
review.  However, the National Archives has responded to an NCC request for
copies of the redaction sheets of the materials released. As soon as that
list is available, the NCC will publish their contents for readers.

In addition to the Bush Vice-Presidential records, on June 14 the White
House also cleared some 23,653 pages of Reagan-era presidential records
that were processed in response to some twenty-three Freedom of Information
requests (FOIA) filed by historians and journalists since the year
2000.  None of the Reagan papers contained P-5 "confidential advice"
materials, however, under the provisions of E.O. 13233, the White House
still had to review the documents before authorizing their release.

2.  HOUSE DELAYS ACTION ON "NATIONAL MONUMENT FAIRNESS ACT"
The House of Representatives has postponed action on a controversial
measure -- the "National Monument Fairness Act" (H.R. 2114) -- legislation
that if enacted could have long-lasting repercussions for the ability of
the president to provide for the protection of our natural and cultural
legacy using the Antiquities Act of 1906. Preservationists strongly oppose
passage of the measure.

The bill's primary advocates are the supporters of the property rights
movement. According to the National Trust for Historic Preservation, H.R.
2114, "would undermine the president's power to declare national monuments
and protect natural and cultural heritage because it would sunset all new
national monuments over 50,000 acres within two years of designation unless
Congress approves the president's actions. This provision fundamentally
defeats the very purpose of the Antiquities Act and significantly alters
the appropriate balance of power between the president and Congress in
protecting important federal-level natural and cultural resources that have
served the nation well."

For more than 90 years, the Antiquities Act has been an important tool for
protecting some of the nation's most treasured natural and cultural
resources located on public lands. Specifically, the Act gives the
president the authority to grant national monument status to areas
possessing significant historical, cultural, scenic, and/or scientific
value. Fourteen of the last seventeen presidents have used the Act to
designate and protect more than one hundred national monuments. Most
recently, Presidents Bill Clinton and George Bush employed the Act to
designate two of the more significant historic sites in the nation --
Lincoln Cottage National Monument in Washington, D.C., and Governors Island
National Monument in New York.

The Antiquities Act maintains an appropriate role for both the president
and the Congress in the protection of important federal land values. The
Act allows the president to act quickly to protect important objects and
values on the public lands. Congress, however, retains the ability to
designate national monuments legislatively, change monument boundaries,
direct resources for monument management, re-designate monuments as
national parks, and even to abolish monuments.

Though action in the House has been postponed, the measure probably is
still not dead. The legislation may come up again on the House calendar in
the coming weeks. However, should it pass the House, Hill insiders predict
the bill will arrive "dead in the Senate."  Some Congressional staff
sources report that even in the House, the measure has only lukewarm
support, but in order to placate the land-rights movement, each year
conservative members of Congress advance a piece of legislation on their
behalf in order to garner the movement's support on other issues. This year
it appears that legislation is H.R. 2114.

3.  NEH/INTERIOR DEPARTMENT FUNDING UPDATE
It may well be that the snail-paced progress lawmakers have been making on
the federal budget is about to change, at least with respect to the
Interior and Related Agencies budget.  According to Hill insiders, House
Interior subcommittee staffers report that a mark-up on the Interior and
Related Agencies FY 2003 funding proposal is expected before the scheduled
Independence Day break, which begins on June 28.  If that takes place, a
full Committee markup may occur shortly thereafter with the funding bill
reaching the floor of the House as early as mid-July.

On the Senate side, that body just completed its oversight hearings (see
"Secretary Norton Testifies Before Senate Appropriations Subcommittee," in
NCC WASHINGTON UPDATE, Vol. 8, #24, June 14 2002) and the full Committee
may be able to act before the August recess scheduled to begin July 28.

According to the National Humanities Alliance (NHA), conversations with
committee staff on both sides of the aisle suggest that a cultural agency
increase at the House subcommittee level is unlikely.  This is not only
because money is tight but because the National Parks community has been
especially effective this year in focusing public attention on the huge
backlog of park infrastructure and maintenance needs that have accrued over
years because of budget cutbacks and deficits. Things look especially good
for NPS supporters.  President Bush is on record having pledged to reduce
the $500 million backlog, and a coalition of National Park enthusiasts, who
are pushing for a $270 million increase, are effectively reaching the
Congressional community.  The coalition, headed by National Parks
Conservation Association, reportedly has tremendous clout with several
appropriation's Committee members including David Obey (D-WI), the ranking
minority member of House Appropriations Committee.

While the outlook for parks and historic sites is favorable, if increases
for the National Endowment for the Humanities (NEH) and National Endowment
for the Arts (NEA) are to be achieved, the NHA predicts it probably will
take place during consideration of the appropriations bill on the House
floor. However, an increase for the NEH or any other Interior agency,
necessitates that supporters identify a budget line "offset" -- that is,
another item in the Interior budget will have to be reduced by an amount
equal to the proposed increase.  According to the NHA, "since virtually
every item in any federal budget has a constituency, it is a challenge to
identify an offset for an increase that can win a majority of the
vote.  Last year, Louise Slaughter (D-NY) successfully led a floor fight to
increase NEH, NEA, and IMLS, a scenario that may be repeated this year."

In recent years, the Senate and its Interior and Related Agencies
Subcommittee have been much more hospitable to increases for NEH and
NEA.  Increases may be advanced there. However, all things considered,
humanities advocates will still have to lobby hard in coming weeks and
months to win the levels of increases desired by the humanities community.

4.  MUSEUM AND LIBRARY SERVICES ACT INTRODUCED IN SENATE
On June 12, 2002 Senator Jack Reed (D-RI) along with 14 co-sponsors
introduced legislation entitled, the Museum and Library Services Act of
2002 (S. 2611), which is the Senate version of Representatives Peter
Hoekstra (R-MI) and Tim Roemer's (D-IN) pending House bill, H.R. 3784, the
Library Services and Technology Act of 2002 (LSTA).

Like its House counterpart, the Senate bill reauthorizes the Museum and
Library Services Act for six years and proposes several important
modifications to current law.  Among other provisions, the Senate measure
establishes a Museum and Library Services Board to advise the Director of
the IMLS; it authorizes national awards for library and for museum service;
it establishes a reservation of 1.75% for museum services for Native
Americans; and it updates the uses of funds for library and museum
programs. The Senate bill has a state base minimum of $680,000 and
increases the authorization of LSTA from $150 million to $350 million (the
House measure proposes an authorization of $300 million).  The Senate bill
also authorizes $65 million for museum services as compared to $50 million
in the House version. The bill has been referred to the Committee on
Health, Education, Labor and Pensions for action.

Similar legislation was reported out of the House Committee on Education
and the Workforce (see House Report 107-395).  Action on the House bill was
expected prior to the Memorial Day recess, but the debate was postponed.
After sorting out some difficulties relating to the measure, Hill insiders
are now "reasonably optimistic" that the bill will reach the House floor
soon.  Reportedly, the measure is now merely awaiting scheduling.

5.  JUNETEENTH CELEBRATION MARKS END OF SLAVERY
In many cities throughout the United States, the days leading up to and
including June 19th are celebrated with festivities similar to the July 4th
Independence Day celebration -- with song, dance, exhibits, memorial
services, and rereading of the Emancipation Proclamation.  The event
celebrates and  commemorates the events of June 19, 1865 when Union
soldiers arrived in Galveston, Texas to announce that the Civil War had
ended. At that time, General Gordon Granger's "General Order #3" declaring
all slaves free was read.

For years, what has come to be known as "Juneteenth" was celebrated only in
Texas.  Recently though, more and more states have officially recognized
the date with state-holiday status. Though the celebration has special
meaning for African Americans, Juneteenth celebrates the freedom of an
entire nation.  Dr. Ronald V. Myers, founder and chairman of the National
Juneteenth Observance Foundation states, "We all got freedom through
different routes, but the common bond we share is freedom. It's for all
Americans."

Last year, on June 14, 2001, Rep J.C. Watts Jr. (R-OK) introduced House
Congressional Resolution 163 that recognized the historical significance of
Juneteenth Independence Day and expressed the sense of Congress "that
history be regarded as a means of understanding the past and solving the
challenges of the future." The measure passed the House unanimously and was
received in the Senate and referred to the Committee on the Judiciary,
which has yet to act on the resolution.  Myers, however, hopes to get
President Bush to issue a proclamation making Juneteenth a
nationally-observed, unpaid holiday similar to Flag Day. He is seeking one
million supporters to sign an on-line petition before the end of the month.
Persons interested in signing the petition can do so by tapping into:
<http://www.juneteenth.us>.

6.  NEWS BITS AND BYTES
Item #1 -- Fish and Wildlife Issues Finding on Smithsonian Secretary's
Private Collection:
Following up on a story posted in this publication last year (see "Fish and
Wildlife Service Reopens Investigation of Smithsonian Secretary Private
Collection," in  NCC WASHINGTON UPDATE, Vol. 7, #29, July 12, 2001),
officials of the U.S. Fish and Wildlife Service (FWS) have determined that
the private art collection of Smithsonian Institution (SI) Secretary
Lawrence Small contains endangered species -- feathers from the endangered
Harpy eagle, one of the world's largest birds of prey -- and could result
in civil or criminal charges being filed against him.  The central question
that has not yet been determined is whether Small "knowingly" violated the
law.  But according to a FWS spokesperson, someone who even "unknowingly"
purchased endangered-species items could face fines; "What makes a
violation is how the species was acquired." Small, who has amassed a large
collection of cultural artifacts and art work, purchased a substantial
collection of Amazonian art which was featured in a November 2000 article
in Smithsonian magazine. Photos in the article raised concerns with FWS
inspectors. Daniel Squire, Mr. Smalls's attorney, said that the Smithsonian
head "is cooperating fully" with the investigation and "if there is an
issue....he will cooperate with the FWS in resolving it."

Item #2 -- NCC Submits Letter for the Record in Support of Cold War Theme
Study:  Following up on last week's posting about the Senate hearing on
legislation (H.R. 107/S. 1257) to authorize a Cold War theme study (see
"Cold War Theme Study Bill Gets Senate Hearing," in NCC WASHINGTON UPDATE,
Vol. 8, #24, June 14, 2002), the NCC submitted a letter for the record to
the Senate Energy and Natural Resources Subcommittee on National Parks
supporting enactment of the theme study legislation.  The letter addressed
to Senator Daniel K. Akaka endorses the study authorization and supports
the production of an interpretive handbook on the Cold War.  The letter
also makes suggestions regarding the creation of a Cold War Advisory
Committee and advocates a larger appropriation for the bill -- up to
$500,000.  For a copy of the letter, contact the NCC Director Bruce Craig
at:<rbcraig@nccph.org>.

Item #3 -- Advisory Council for Historic Preservation Meeting: A belated
report from our correspondent on the spring business meeting of the
Advisory Council on Historic Preservation (ACHP) reveals that the Council
has adopted a new mission statement: "The Advisory Council on Historic
Preservation promotes the preservation, enhancement, and productive use of
our Nation's historic resources, and advises the President and Congress on
national historic preservation policy."  Reporting through a new standing
committee structure (Federal Agency Programs; Preservation Initiatives; and
Communications, Education and Outreach) ACHP members also endorsed the
concept for a new initiative -- the "Preserve America Program" that will
seek "to encourage public and private preservation partnerships to help
sustain the future communities and foster an appreciation of America's
history and cultural diversity." For more on the meeting, tap into:
http://www.achp.gov/news-5-02mtg.html

Item #4 -- Arts/Museum Leader J. Carter Brown Dies:   J. Carter Brown, the
patrician/populist museum director who headed the National Gallery of Art
in Washington D.C. for 23 years (1969-1992) died June 17 at a Boston
hospital. He was 67. Brown elevated the museum's profile, enhanced its
public appeal and is credited with breaking new artistic ground in the
staging of "blockbuster" special exhibitions. In addition to his
achievements at the National Gallery, Brown served on the boards of more
than a dozen arts and education organizations.  He was a Trustee of the
Kennedy Center for the Performing Arts, the National Geographic Society,
Brown University, and served as Chair of the Commission of Fine Arts, a
federal panel that has oversight responsibility over Washington D.C.
monuments and architectural landscapes. For the New York Times obituary,
tap into:<http://www.nytimes.com/2002/06/19/obituaries/19BROW.html>For the
Washington Post's coverage, tap into:
<http://www.washingtonpost.com/wp-dyn/articles/A7583-2002Jun18.html>.

7.  ARTICLES OF INTEREST
Two postings this week, a controversial Op-Ed in The Washington Post
(06/16/02) entitled "They Heard It All Here, And That's the Trouble" and a
couple of news items speculating on the identity of "Deep Throat."

In the Washington Post article, Dennis Pluchinsky (a State Department
official speaking on his own behalf), lashes out at the nation's press
(especially investigative reporters) and states: "I accuse the media in the
United States of treason" in their reporting on American vulnerabilities to
terrorist attacks.  Pluchinsky, a "threat analyst," is "appalled" at recent
articles giving tactical details that can be used by terrorist groups.  He
claims, "if you put all the unclassified information together, sometimes it
adds up to something that ought to be classified." His solution: the new
Department of Homeland Security could award Homeland Security Protective
Security certificates and "gold stars" to newspapers or Internet sites that
"put country first during a time of war."  For the article tap into:
<http://www.washingtonpost.com/wp-dyn/articles/A54650-2002Jun14.html>.

Next, two postings regarding the identity of "Deep Throat."  Thirty years
ago this week -- on June 17, 1972 -- a burglary at the Democratic National
Committee headquarters at the Watergate Hotel in Washington, D.C., served
as the catalyst for a chain of events that ultimately brought down the
presidency of Richard Nixon.  Since then, journalists, historians, and
others have speculated on the identity of "Deep Throat" -- that mysterious
chain-smoking, whiskey-drinking man who served as a secret source for
Washington Post reporter Bob Woodward and Carl Bernstein in their
Pulitzer-prize winning book, 'All the President's Men.' Over the years,
dozens of individuals ranging from Henry Kissinger to Alexander Haig have
been suggested as candidates for the secret source. But in a 40,000-word
e-book published this month on Salon.com, (http://www.salon.com) former
White House Counsel John Dean (who spent 127-days in prison for his part in
the Watergate scandal) narrows the circle of suspects to four: three-time
presidential candidate Pat Buchanan, Nixon speech-writer Ray Price,
presidential assistant Steve Bull, and ex-press secretary Ron Ziegler. But
perhaps more convincing than the speculations of John Dean are the findings
of a group of investigative journalism students at the University of
Illinois whose historical research techniques and persuasive findings were
detailed in a June 14 broadcast on NBC's news feature program
"Dateline."  The  students' "best hunch" for "Deep Throat" is Pat
Buchanan.  For a transcript of  the "Dateline" program, tap into:
<http://www.msnbc.com/news/764689.asp>.

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