NCH WASHINGTON UPDATE (Vol. 13, #7; March 2, 2007)
1. HOUSE ARCHIVES SUBCOMMITTEE HOLDS PRESIDENTIAL RECORDS HEARING
2. HOUSE OVERSIGHT COMMITTEE PROBES PRESIDENTIAL LIBRARY FUNDING
3. SENATOR ROBERT BYRD RECEIVES OAH “FRIEND OF HISTORY” AWARD
4. NATIONAL ARCHIVES SEEKS COMMENTS ON RULE TO INCREASE COPYING FEES
5. REGISTER NOW FOR "HUMANITIES ADVOCACY DAY” ON CAPITOL HILL
6. NATIONAL COUNCIL ON THE HUMANITIES MEETING
7. PUBLIC INTEREST DECLASSIFICATION BOARD MEETING
8. ALERT>>URGE CONGRESS TO SUPPORT NATIONAL HISTORY DAY FUNDING
9. SMITHSONIAN SECRETARY SMALL UNDER SIEGE OVER UNAUTHORIZED EXPENSES
10. BITS & BYTES: Online Collection Presents Oral Histories of U.S. Diplomats
11. ARTICLE OF INTEREST: “As Ethics Panels Expand Grip, No Field Is Off
Limits,” 'New York Times', February 28, 2007
1. HOUSE ARCHIVES SUBCOMMITTEE HOLDS PRESIDENTIAL RECORDS HEARING
On March 1, 2007, the House Oversight and Government Reform Committee’s Subcommittee on Information Policy, Census, and the National Archives held a hearing to consider presidential records, specifically the impact Executive Order (E.O.) 13233 has had on the disposition of those materials. The E.O. was issued in November 2001 by President George W. Bush, and gives not only current and former presidents, but also vice presidents and a former president's family, the authority to withhold presidential records or delay their release indefinitely.
Concurrently with the hearing, House Oversight and Government Reform Committee Chairman Henry Waxman (D-CA), along with Information Policy, Census, and the National Archives Subcommittee Chair William Lacy Clay (D-MO) as cosponsor, introduced legislation (H.R. 1255) that would nullify the Bush E.O.; establish a 40-day records review period for presidents and former presidents to raise objections to the Archivist on the release of records; limit the reach of claims of executive privilege to the sitting and former president personally and not their heirs or designees; and eliminate claims of executive privilege by former vice presidents.
At the hearing, Chairman Waxman said that the Bush E.O. had eviscerated the Presidential Records Act turning it into “the Presidential Secrecy Act.” Waxman went on to say, “History is not partisan,” and that “Historians and scholars need access to our nation’s history as it happened, not as a former president wished it had happened.” The bill is expected to move quickly and markup by both the subcommittee and the full committee may occur as early as next week.
Four NCH member organizations testified at the hearing: Steven L. Hensen, Past President of the Society of American Archivists; Dr. Anna K. Nelson representing the Society for Historians of American Foreign Relations; Tom Blanton of the National Security Archive; and Dr. Robert Dallek representing the American Historical Association. Also testifying was Scott Nelson of the Public Citizen Litigation Group, who is the counsel handling AHA’s lawsuit in federal district court (American Historical Association, et. al., v. The National Archives and Records Administration) to overturn E.O. 13233.
Archivist of the United States Allen Weinstein and Dr. Harold Relyea of the Congressional Research Service were on the first panel of witnesses. Dr. Relyea provided the subcommittee with a historical perspective on the handling of presidential records. Archivist Weinstein stated that, “The most important measure in evaluating, E.O. 13233 is whether presidential records are being made available to the public. In that regard, I can report to you that, since E.O. 13233 went into effect in November 2001, NARA has opened over 2.1 million pages of presidential records. During this time there has been only one occasion when presidential records were kept closed from the public by an assertion of Executive Privilege under the order. . .Thus, there should be no question that, to date, E.O.13233 has not been used by former Presidents or the incumbent President to prevent the opening of records to the public.”
The public witnesses on the second panel, however, were united in their opposition to E.O.13233.
Dr. Nelson said that, “Supporters of the E.O. argue that it is merely a procedural addition to the Presidential Records Act, but it negates important parts of that Act. While the purpose of the Act was to provide greater and rapid access, the E.O. encourages delay since the incumbent and past president are not bound by the time restrictions as they peruse documents. Finally, broadening the definition of the president’s constitutional privileges and allowing their closure will remove most of the records of the confidential advice a president receives. In other words, it will have the potential to remove the core policy-making documents from the president’s collection.”
Mr. Hensen representing the Society of American Archivists said, “On behalf of the nation’s archivists, I ask your consideration in overturning this six-year old Executive Order that has seriously compromised the basic principles of government accountability, which are underpinned by the people’s right of access to the records of their government. In the case of the records of the office of the President of the United States, it is a right that took a long time for the nation to claim fully, but just a quick stroke of the pen to destroy.”
Dr. Dallek said, “President Bush’s order carries the potential for incomplete and distorted understanding of past presidential decisions, especially about controversial actions with significant consequences. Consider what difference the release of the Kennedy, Johnson, and Nixon tapes has made in our understanding of the decision-making on Vietnam.” He went on to say, “Access to the fullest possible record in the service of reconstructing the most substantial and honest history of presidencies is not some academic exercise confined to history departments. Rather, it can make a significant difference in shaping the national well-being.” Dallek said that every president, regardless of party, wants the public to think they walk on water, but in his research he has always found both a public and a private face to a president. His fear is that a president’s heirs will attempt to sanitize material that reflects badly on the former president. He concluded that the public is well-served by seeing the whole person.
In his testimony, Mr. Blanton said that the release of presidential records was in crisis. Using the Ronald Reagan Presidential Library as an example, Blanton showed that since the E.O. had been issued in 2001, the average response time to Freedom of Information Act and Mandatory Declassification Review requests had gone from 18 months to 6.5 years. Blanton stated, "We are only six years down the road from the initial White House decision in early 2001 to intervene in the Presidential Records Act process, and five years of that turns out to be pure delay.”
Copies of all of the testimony should be available shortly the website below. A copy of the legislation is already accessible at that site. http://oversight.house.gov
2. HOUSE OVERSIGHT COMMITTEE PROBES PRESIDENTIAL LIBRARY FUNDING
On February 28, 2007, the House Oversight and Government Reform Committee held a hearing on changing the presidential library funding disclosure process. Sharon K. Fawcett, Assistant Archivist for Presidential Libraries, testified on behalf of NARA. Also testifying were Celia Viggo Wexler of Common Cause and Sheila Krumholz of the Center for Responsive Politics.
On March 1, Chairman Henry Waxman (D-CA) introduced legislation (H.R. 1254) to require presidential library foundations to disclose the identity of their donors to Congress and the National Archives while the President is in office and up to such time as the foundation officially turns the facility over to the National Archives. The minimum reporting period would be four years after the end of a president’s term, and requires the amount and date of each contribution in excess of $200 to be disclosed. If the contributor is an individual, the occupation of the contributor must also be disclosed. Chairman Waxman stated that he plans to markup the bill next week.
Ms. Fawcett, stated that the Administration had no official comment to make on Waxman’s proposal. She said the Archives appreciated Waxman’s requirement to end disclosure at the point when the facility is turned over to the government as opposed to a longer period of time. Ms. Fawcett questioned whether NARA was the proper agency to police the disclosure requirement since it would require additional financial resources and the agency lacks the expertise in this regard. She also expressed concerns about possible conflicts of interest since the presidential libraries are a partnership between NARA and the foundations that support them.
A link to the testimony presented at the hearing, and the legislation, is available at the Committee’s website at: http://oversight.house.gov
3. SENATOR ROBERT BYRD RECEIVES OAH “FRIEND OF HISTORY” AWARD
On March 1, 2007, in a ceremony held in the U.S. Capitol, Senator Robert C. Byrd (D-WV) received the Organization of American Historian’s prestigious “Friend of History” Award from OAH Executive Director Lee Formwalt. Senator Byrd has a long record of supporting history and one of his most lasting contributions has been his sponsorship of the “Teaching American History” grants program awarded by the U.S. Department of Education. The goal of this program for school districts and institutions with expertise in American history to collaborate over a three-year period to help teachers develop the knowledge and skills necessary to teach American history.
In the 1980s, Senator Byrd wrote and delivered a lengthy series of speeches on the history of the United States Senate that was later published in four volumes as “The Senate, 1789––1989: Addresses on the History of the Senate.”
4. NATIONAL ARCHIVES SEEKS COMMENTS ON RULE TO INCREASE COPYING FEES
On February 26, 2007, the National Archives and Records Administration (NARA) published a proposed rule announcing its intention to raise its fees for reproducing federal records and historical materials in NARA’s holdings. The proposed rule covers Federal records created by other agencies that are in the National Archives, donated historical materials, presidential records, Nixon Presidential historical materials, and records filed with the Office of the Federal Register.
The proposed rule, including the new fee structure are available at the Federal Register’s website at: http://a257.g.akamaitech.net
The deadline for submitting comments on the proposed rule is April 27, 2007.
NARA does not receive appropriations from Congress to cover copying costs, and the agency must cover the cost from user fees. This would be the first increase in reproduction fees in seven years. It would apply to everything from self-service copy machines, to mail orders and reproductions. In fiscal year 2006, NARA said its costs for fixed-fee services were more than double the revenue the agency received in copying fees.
Copies made by users at a NARA self-service copier would go from the current 15 cents per-page to a quarter. Paper-to-paper copies made by NARA staff would rise from the current 50 cents to 75 cents per-page. Microfilm to paper copies made by a customer on a NARA self-service machine would increase from the current 30 cents per-page to 50 cents per-page. Certifications would go from the current $6 to $15. There would be a minimum fee of $15 for all mail orders, up from the current $10.
The biggest increase would be in the cost of a complete pension file more than 75 years old that would go from the current $37 to $125. There are also price increases for providing copies of passenger lists, Federal census records, and military records, all of which would be raised to $25.
In a separate interim final rule, NARA determined it was not appropriate to apply fee increases to the reproduction of records of other Federal agencies stored in NARA Federal records centers that are not in their legal custody. This interim rule can be found at: http://a257.g.akamaitech.net
The deadline for comments on this interim final rule is April 27, 2007, and it will go into effect on May 29, 2007.
5. REGISTER NOW FOR "HUMANITIES ADVOCACY DAY" ON CAPITOL HILL
The National Humanities Alliance (NHA) will hold its 2007 conference March 26-27 in Washington DC. The two-day event is a unique meeting ground for members of the Alliance and others interested in humanities policy and advocacy, including higher education leaders, college and university faculty, teachers, museum professionals, librarians, archivists, curators and independent scholars.
More information and online registration is available at: http://www.nhalliance.org
The opening session on March 26 features a luncheon and keynote address by Allen Weinstein, Archivist of the United States. During the afternoon, Congressional staff and leaders in the field will outline changes in the new 110th Congress, and brief participants on the status of significant policy and funding issues for the humanities community in 2007. Later, “Advocacy Guru” Stephanie Vance will lead a session on effective strategies for communication with elected officials.
All registered participants are encouraged to take part in Humanities Advocacy Day on March 27. The event provides supporters an important opportunity to meet with their representatives in the new Congress, and to work together to communicate the public value of the humanities to policymakers in Washington, DC. Conference activities will be capped by a reception on Capitol Hill featuring exhibits of federally supported humanities projects from around the country.
6. NATIONAL COUNCIL ON THE HUMANITIES MEETING
On February 22–23, 2007, the National Council on the Humanities held two days of meetings in Washington, D.C. The Council serves as an advisory board to the Chairman of the National Endowment for the Humanities on policies and programs and reviews applications for financial support from the NEH. On February 22, the committees on education, federal/state partnerships, preservation and access, public, and research programs held brief public sessions before going into closed session for discussions of specific grants and applications.
On February 23, the full council met and received updates on key NEH programs. Among the highlights was the announcement of the roll-outs later this year of a national digital newspaper program being developed in conjunction with the Library of Congress, and the “Picturing America” program which will provide public and private schools with a collection of posters depicting works of American art. It was reported that the Digital Humanities Initiative, launched last year, already has five programs underway. The Council also heard about a multi-media publicity blitz that will accompany the September debut on the Public Broadcasting Service of “The War,” a 14-hour television series on World War II produced by filmmaker Ken Burns.
7. PUBLIC INTEREST DECLASSIFICATION BOARD MEETING
On February 24, 2007, the Public Interest Declassification Board (PIDB) met to discuss declassification program issues. The meeting included presentations from representatives of the public with significant experience in declassification matters and a wide-ranging discussion of potential modifications to current declassification processes and policies. The PIDB was created by statute in 2000, to serve as an advisory board on declassification priorities and policies.
The Honorable David E. Skaggs presided and board members Admiral William O. Studeman, USN (Ret.), Martin Faga, and Joan Vail Grimson were in attendance. Archivist of the United States Allen Weinstein and Bill Leonard, Director of NARA’s Information Security and Oversight Office (ISOO), were also present. In his opening comments, Dr. Weinstein noted the declassification challenges facing NARA, especially in light of the passage of the December 31, 2006, deadline requiring federal agencies to declassify documents in their holdings more than 25 years old. Weinstein also noted a pilot program to speed the release of the records of the 9-11 Commission.
The Board first heard from Dr. Michael J. Kurtz, Assistant Archivist for the Office of Records Services who reported on NARA’s progress in addressing the backlog of documents that were declassified on December 31, 2006, as a result of Executive Order 12958.
The panel heard comments from public representatives Steve Aftergood from the Federation of American Scientists and publisher of “Secrecy News,” and Bruce Berkowitz, a scholar who has written extensively on government secrecy issues. There was an extensive discussion of whether the total federal expenditures on intelligence should be declassified. There was no consensus reached among the members of the PIDB as to the appropriateness of the suggestion made by Aftergood. There was also much discussion of another recommendation made by Aftergood, to enlist agency Inspectors General in the task of performing their own annual review of classification and declassification to augment the scrutiny provided by the ISOO.
The Board also heard a presentation from William J. Bolsankso, staff for the Interagency Security Classification Appeals Panel, providing an overview of the panel’s duties and role in the declassification process.
A copy of the first annual report to Congress by the PIDB is available at: http://www.fas.org
8. ALERT: URGE CONGRESS TO SUPPORT NATIONAL HISTORY DAY FUNDING
National History Day (NHD) is a year-long, nonprofit education program dedicated to improving the teaching and learning of history in schools. The program teaches students critical skills that will help them succeed in college, the workplace and make them effective citizens in the 21st century. NHD engages more than 1.5 million people –– students, teachers and parents –– annually. A core of the program is a national contest similar to science fair where students produce performances, exhibits, documentaries and research papers based on in-depth historical research.
Senators Daniel Akaka (D-HI) and Norm Coleman (R-MN) and Representatives Chris Van Hollen (D-MD) and Thomas Petri (R-WI) are circulating a “Dear Colleague” letter in support of a $5 million appropriation for the congressionally authorized National History Day program. The funding will be used to reach rural and urban schools and help NHD state programs improve teacher workshops and outreach. The letter is similar to a petition that members of Congress sign in support of funding a program.
NCH has set up an electronic letter that can be sent to your Members of Congress, through our “CAPWIZ” grassroots network, supporting the $5 million in funding for National History Day. Simply go to http://www.humanitiesadvocacy.org/action_ctr.html to contact your Senators and Representative and ask them to sign the Dear Colleague letter in support of National History Day.
9. SMITHSONIAN SECRETARY SMALL UNDER SIEGE OVER UNAUTHORIZED EXPENSES
Smithsonian Institution Secretary Lawrence Small is once again under siege after an internal report done by the Institution’s Inspector General questioned the propriety of nearly $90,000 in unauthorized expenses incurred by Small over the past five years. The report was leaked to the “Washington Post,” which ran the story this week. Small has refused to respond publicly to the report. However, the watchdog group, Citizens for Responsibility and Ethics in Washington has asked Attorney General Alberto Gonzales to investigate whether Small has violated federal law by using government funds for the expenses in question. In addition, Senator Charles Grassley (R-IA), the ranking member of the Senate Finance Committee, has asked the chancellor of the Smithsonian Board of Regents, Chief Justice of the Supreme Court, John G. Roberts, Jr. to look into the allegations.
The “Washington Post” issued a scathing editorial critical of both Small and the Smithsonian Board of Regents which it called “more lap dog than watchdog.”
10. ONLINE COLLECTION PRESENTS ORAL HISTORIES OF U.S. DIPLOMATS
A new online collection of interviews with some of the most prominent diplomats of the 20th century is now available from the Library of Congress at http://memory.loc.gov/
Most of the interviews in the collection come from foreign service officers, but there also are some with political appointees and other officials. While some 1920s-, 1930s-, and World War II-era diplomacy is covered, most of the interviews involve post-World War II diplomacy, from the late 1940s to the 1990s. The collection includes extensive personal recollections from luminaries of American 20th century diplomatic history, including Zbigniew Brzezinski (national security adviser under President Carter), Frank Carlucci (a former ambassador to Portugal and secretary of defense under President Reagan), Lawrence Eagleburger (secretary of state under President George H.W. Bush), Averell Harriman (ambassador to the Soviet Union and England under President Franklin Roosevelt), Jeane Kirkpatrick (ambassador to the United Nations), Dean Rusk (secretary of state under Presidents Kennedy and Johnson), and Cyrus Vance (secretary of state under President Carter).
ARTICLE OF INTEREST: “As Ethics Panels Expand Grip, No Field Is Off Limits,” 'New York Times,’ February 28, 2007–The article discusses the impact Institutional Review Boards are having on historical research involving “human subjects.”