Capitol Commentary

Bruce Craig, Director of the National Coalition for History

First Session of the 108th Congress

The first session of the 108th Congress is now history. Apart from the appropriation bills that fund several history/archive programs to record high levels, the session was rather lackluster in the realm of authorizing legislation.

Several bills were introduced this year that reflect a growing concern among members about the state of history education in the United States—Senator Lamar Alexander’s (R-TN) “American History and Civics Education Act of 2003 (S. 504) and Senator Judd Gregg’ (R-NH) “Higher Education for Freedom Act” (S. 1515) are but two examples. Given the current partisan tensions existing within the Senate and House, however, final action on these bills have yet to materialize. Other heritage-related bill were merely relegated to the proverbial “dustbin” of committees [e.g., Senator DeWine’s Presidential Sites grants program bill (S. 1748)]. The administration also advanced several bills designed to gut historic preservation laws—the effort to amend the 4-f historic preservation provision in the “Transportation Equity Act for the 21st Century” (S. 1072), for example. Nevertheless, nine history/archive-related bills of some importance become public law this session.

Of particular interest to the archival and museum community is the Museum and Library Services Act of 2003 (P.L. 108-81) and the Smithsonian Facilities Authorization Act (P.L. 108-72). The Museum and Library Services Act extends the authorization of appropriations for library and history museum grant programs and also provides greater access to library services through the development of electronic networks. The Smithsonian Facilities Authorization Act will provide for additional space and resources for nationally significant collections held in trust by the Smithsonian Institution.

The National Park Service also benefited from legislation enacted this session. The McLoughlin House National Historic Site Act (P.L. 108-63) authorizes the Secretary of the Interior to acquire the McLoughlin House National Historic Site in Oregon City and incorporate it into the National Park System. In addition, the Secretary of the Interior has been directed by Congress to conduct a special resource study to evaluate the resources and significance of Coltsville in Connecticut (homebase for the famed gun manufacturer) for potential inclusion in the National Park System (P.L. 108-94).

Memorial sites in Washington, D.C., were given special attention as well. Congress enacted legislation (P.L. 108-126) providing for the construction of a visitor’s center for the Vietnam Veterans Memorial. That law also amended the Commemorative Works Act by establishing new guidelines for future memorials slotted for construction on the national mall in Washington, D.C. A new law (P.L. 108-59) also authorized the continued work of the Abraham Lincoln Bicentennial Commission in its plans for the rededication of the Lincoln Memorial.

Two pieces of legislation regarding African American history were enacted, including plans for the construction of a memorial to Dr. Martin Luther King Jr., in Washington, D.C. (P.L. 108-125). Perhaps the most significant history-related accomplishment of this Congress, however, is enactment of legislation (H.R. 3491) to establish the National Museum of African American History and Culture within the Smithsonian Institution. This legislation is the culmination of a fifteen-year effort by the principal sponsor of the bill—former civil rights leader, Rep. John Lewis (D-GA).

Since 1988 Lewis has introduced legislation creating the museum, but his bills failed in the House or Senate. However, politics makes for strange bedfellows; because public opinion polls suggested low popularity of Republicans within the African American community, the Republican leadership was led to take action to boost support within this community. Under orders from their leaders and the White House, rank and file Republican members enthusiastically embraced various funding and legislative proposals designed to benefit the African American community, including Lewis’s long-ignored bill. Republicans have reason to be proud of enacting this legislation that repeatedly failed for partisan reasons when the Democrats controlled Congress.

Homeland Security History Office Authorized

On October 1, 2003, President George W. Bush signed legislation (P.L. 108-90)—Department of Homeland Security Appropriations Act, 2004 ( H.R. 2555)—that includes language authorizing the establishment of an Office of History for the recently created department.

Language authorizing the office was incorporated in the Senate committee report (S. Rept. 108-86) largely due to the leadership of Senator Robert C. Byrd (D-WV), a longtime supporter of history in the federal government and the Ranking Member of both the Senate Appropriations Homeland Security Subcommittee and the full Appropriations Committee. While there was no similar language included in the House report, (H. Rept, 108-169) when House and Senate conferees met to reconcile differences in their respective measures, House managers concurred with the Senate language.

Language in the report recognizes the importance of history in Homeland Security Department decision making: “Knowledge of historical precedent, historical context, and institutional history is critical to effective decision making.” To that end, once established, the Office of History is to “produce, oversee, and coordinate the production of a range of reference, policy, and historical background assessment papers … provide expert historical knowledge essential for informed decision making to maintain the institutional history of the Department … provide professional assistance to the historical and archival activities of the directorates and bureaus within the Department; and … produce such documentary collections as may be deemed necessary.”

The language authorizing the Office of History is the culmination of a fourteen-month bipartisan effort by various members of Congress and the National Coalition for History (NCH). The NCH has initiated contact with Homeland Security department officials to discuss implementation of the report language.

Congress to Return to Finalize Budget

In December 2003, lawmakers departed Washington, D.C., for the holidays without having completed work on seven of the thirteen appropriation bills that would have kept the federal government fully operating in FY-2004. Though the House passed the catch-all omnibus bill (the Consolidated Appropriations Act of 2004—H.R. 2673) the last day that body was in session, the Senate declined to pass the measure. The government’s fiscal year began October 1, but eleven of the fifteen cabinet departments that collectively comprise over one-sixth of the total federal budget are still unfunded.

When Congress finally does act on the pending funding measure in January when the second session of the 108th Congress begins, we expect good news for historians and archivists. Agreements have been officially reached (see H. Rept 108-401) setting the FY-2004 funding levels for the National Archives and Records Administration (NARA), including the National Historical Publications and Records Commission (NHPRC), and for the last remaining measure of central concern to our community: the “Teaching American History” initiative, Senator Robert C. Byrd’s (D-WV) history-related funding measure included in the massive Labor, Health and Human Services, and Education bill (H.R. 2660/S. 1356).

Conferees pegged the funding level for the Department of Education Teaching American History program at $120 million. This is far more than the House had recommended ($50 million) but less than the original request proposed in the Senate ($140 million). NARA’s general operating budget is set at $256.7 million—$1.5 million less than the president’s request but $8.4 million over the FY 2003 enacted level. For the first time in recent history, the NHPRC will get its full authorized funding of $10 million. The Institute of Museum and Library Services (IMLS) is to be funded at $262.596 million with $31.590 million set aside for museum programs. Please bear in mind that all budget numbers are subject to a .59 percent rescission that will affect the final dollar figures slightly downward.

The Interior and Related Agencies appropriation measure (P.L. 108-83) that funds several programs of key interest to the history community (i.e. the National Endowment for the Humanities, National Park Service, Historic Preservation Fund, etc.) has already been enacted. Congress set aside $10 million for the NEH We the People history initiative. The body also acted on the Homeland Security Department bill (P.L. 108-90) that provides for the creation of the departmental Office of History.

With work now nearly completed on the FY 2004 appropriation bills, once the Speaker’s gavel sounds the opening of the second session of the 108th Congress, the House and Senate will begin to consider the FY 2005 budget as soon as the president submits his proposals that are expected in early February 2004.

Bruce Craig is executive director of the National Coalition for History <http://www.h-net.msu.edu/~nch>. Subscribe to Craig’s weekly electronic newsletter—the NCH Washington Update—by sending an e-mail message to <listserv@h-net.msu.edu> according to the following model: SUBSCRIBE H-NCH firstname lastname, institution.