Capitol Commentary

Bruce Craig, Director of the National Coordinating Committee for the Promotion of History

Cultural Institutions Impacted by World Trade Tower Disaster

There can be little doubt that the recent terrorist attacks have dramatically changed the American political and cultural landscape. By some estimates, one out of every six Americans either knew or knows of someone who died in the attacks. Months have now passed, yet the cleanup continues as hundreds of workers and volunteers dig ever deeper into the twin towers rubble. The good news is that most employees of lower Manhattan’s cultural institutions, including museums and archives, have returned to work and are continuing to assess and address the damage.

By one count, in New York City there are 42 museums, 57 libraries and archives and some 245 outdoor sculptures possibly affected by recent events. Thankfully, for the most part, staff are accounted for and safe. At this writing, the news of physical damage from museums remains spotty. The greatest continuing threat in New York is the dust and ash from debris that still blankets much of the city. The National Museum of the American Indian (located just a few blocks from Ground Zero), for example, is covered in a few inches of ash. Reportedly, the dust is granular and greasy and may scratch delicate surfaces. Untold numbers of books, delicate fabrics, historic photographs and prints, as well as works of art may need careful cleaning and conservation. To this end, professional conservation advice is available through the Heritage Preservation <http://www.heritagepreservation.org/>. In addition, the American Institute for Conservation of Historic and Artistic Works has a free referral service at (202) 452-9545. Also, a useful brochure, “Resources for Recovery: Post-Disaster Aid for Cultural Institutions” is available from the Federal Emergency Management Agency (FEMA), the Small Business Administration, the National Endowment for the Humanities, and other organizations. For a copy call (202) 634-1422.

Appropriation Bills

House and Senate conferees hope to finalize the Treasury, Postal Service, and General Government appropriation bill which will provide the funding for the National Archives and Records Administration (NARA) including the National Historical Publications and Records Commission (NHPRC). Most of the line items for NARA have already been decided but funding for the NHPRC still appears in limbo. The House of Representatives recommended a FY 2002 appropriation of $10 million for the NHPRC, but earmarked $2.7 million for special projects in Oklahoma and Massachusetts. The Senate put the NHPRC appropriation at $6.46 million. We understand that Senate conferees are poised to support the House’s higher number. This would be great news, as it means a net increase for the NHPRC of $1.3 million.

On 10 October 2001, conferees for the Department of the Interior and Related Agencies appropriation bill (H.R. 2217) reached agreement on what will be a $19.1 billion Interior and Related Agencies bill. Of particular interest to the historical/archival community are the funding levels that the conferees agreed to for the National Endowment for the Humanities (NEH) and various historic preservation related programs. The House had approved $123.5 million for the NEH and the Senate pegged the agency’s funding level at $125.5 million. Conferees agreed on a $4 million increase for the agency over the present budget (and the President’s request) for a total of $124.5 million. The funds of particular interest to the historical/archival community are to be distributed as follows: Federal/State Partnerships $30.6 million; Education Programs $12 million; Preservation and Access $18.3 million; Public Programs $12.5 million; Research Programs $12.5 million; Program Development $397,000; Challenge Grants $10.4 million; Regional Humanities Centers $1.186 million.

Under the terms of the conference agreement, the National Endowment for the Arts (NEA) is to receive $115.2 million (funding is at $98 million with an additional $17 million for the “Challenge America Arts Fund”) and the Institute of Museum and Library Services (IMLS) will realize $26.9 million. The Smithsonian Institution is funded at $497 million, some $43 million above FY 2001 and $3 million above the President’s request. The Interior bill also provides some $30 million for the “Save America’s Treasures” program. The National Park Service “Operations” are funded at $1.5 billion, some $91 million more than in FY 2001. A total of $44.5 million is set aside for various National Park Service historic preservation activities.

Congress completed work on the Labor, Health and Human Services and Education appropriations bill. For the most part, the programs authorized in the President’s “No Child Left Behind” Department of Education bill (S. 1/H.R. 1) are expected to be funded in the FY 2002 appropriation bill. In the FY 2001 Department of Education (DOE) appropriation bill, $50 million was made available for American history education. In this next fiscal year, $100 million has been allocated for the second year of the “Teaching American History” initiative spearheaded by Senate Appropriation Chairman Robert Byrd (D-WV).

While the DOE appropriations bill is finalized, the President’s education reform bill, of which differing versions passed the House and Senate last spring, is still awaiting action by a conference committee. Hill insiders report that progress is being made slowly, and that closed-door discussions continue.

Personnel Changes for the Endowments

On 14 September 2001, by unanimous consent, the United States Senate approved the nomination of Bruce Cole to become the new chairman of the National Endowment for the Humanities (NEH). Cole is a Distinguished Professor in the Henry Hope School of Fine Arts at Indiana University at Bloomington. He is expected to begin his term in early December. In a related development, Lynne Munson, who served as special assistant to former NEH chairwoman Lynne V. Cheney, will become deputy chair under Cole. The White House also announced that it intends to nominate Michael Hammond, dean of Rice University’s School of Music, as the new chairman of the National Endowment for the Arts. President Bush also selected Henry Moran, current head of the Mid-America Arts Alliance, a private, regional multistate arts organization, as the executive director of the President’s Committee on the Arts and Humanities.

Leak Statute Provision Defeated

Owing to White House concerns, Justice Department objections and stiff opposition from media and historical organizations, on 4 September 2001, the controversial “leak statute”—a legislative provision that would have made it a felony to disclose certain types of classified governmental information—was withdrawn from further consideration as part of the FY 2002 Intelligence Authorization Act. If the measure had been enacted, it would have put in place a broad prohibition on the disclosure of “properly classified” information by government employees and sanctioned criminal prosecution. Historians and journalists would have been especially vulnerable to prosecution under the act, which allowed for interrogation, jail sentences, and stiff fines. The NCC, the AHA, and several other historical groups requested they be allowed to testify on the scheduled hearing before the Senate Select Committee on Intelligence in order to register concerns regarding the proposed statute. That request was never answered by the committee. Should the measure be resurrected, the historical community again will request that its views be heard.

Report Finds FRUS Fails to Comply With Law

According to a just-released Senate Foreign Relations Committee report (S. Rept 107-60), the State Department’s “Foreign Relations of the United States” (FRUS) series (the official compilation of records and documents relating to U.S. foreign policy) is not being published in the timely fashion required by law. A 1991 law mandates that FRUS provide a “thorough, accurate and reliable documentary record of major U.S. foreign policy decisions and significant U.S. diplomatic activity” and that it be published not more than 30 years after the events described. Specifically, the Department has yet to publish 11 of the 34 volumes from the Johnson Administration, which ended in 1969. The main reason for the shortfall, says the Department, is the “time-consuming declassification process,” which often requires the review of the same documents in each volume by several agencies. In its defense, the State Department informed the committee that part of the problem is that it has had difficulties in seeking cooperation from the Central Intelligence Agency, which imposes restrictions on research, and impedes the copying of documents and publishing of compilations by State Department historians. Excerpts have been posted by the Federation of American Scientists at: <http://www.fas.org/sgp/congress/2001/frus.html>.

White House Continues to Block Release of Reagan Papers

For the third time, the Bush Administration has delayed the release of some sixty-eight thousand pages of White House papers from the Reagan Administration. In an 31 August letter to the National Archives, White House counsel Alberto R. Gonzales stated that yet another delay was required “to review the many constitutional and legal questions raised by [the] 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.” (Gonzales letter at <http://www.fas.org/sgp/news/2001/09/presrecs.html>.) The White House’s actions apparently violate the spirit, if not the legislative language, embodied in the Presidential Records Act of 1978, which calls for the release of presidential papers twelve years after a president leaves office. Mr. Reagan’s papers were to have been released in January, but the White House requested the National Archives and Records Administration delay the release initially until 21 June, then until the last day of August. The National Coordinating Committee’s appeal to NARA for the records list portion of the letter of transmittal to the White House was denied and having now exhausted administrative remedies, the NCC is consulting with its legal representatives and other interested parties, including OAH, to consider what course of action is best to pursue in light of NARA’s denial.

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