Capitol Commentary

Bruce Craig, Director of the National
Coalition for History

Historians and Archivists Work to Save NHPRC
Over the last couple of months, historians and archivists have been busy seeking to restore funding to the National Historical Publications and Records Commission (NHPRC)-- the grant-making arm of the National Archives and Records Administration (NARA)--that the Bush administration has proposed entirely zeroing out in the federal budget for FY 2006. In recent months, historians and archivists have joined forces to see that a minimum funding level of $8 million is provided for the NHPRC grants program and an additional $2 million for staffing and other program administration related costs in the FY 2006 federal budget.

For both historians and archivists much is at stake. If Congress allows the NHPRC to be zeroed out of the federal budget, this important program, which has played an essential federal leadership role and has an outstanding success record of using a small amount of federal funds to leverage other contributions, would come to an end. This would be devastating to projects such as editing and publishing the papers of nationally significant individuals and institutions; the development of new archival programs; the promotion of the preservation and use of historical records; regional and national coordination in addressing major archival issues; and a wide range of other activities relating to America’s documentary heritage.

Over the past forty years, the commission has awarded a total of $153 million to over 4,000 state and local government archives, colleges and universities, and other institutions to preserve and publish important historical records that document American history. Through the work of the documentary editions, more and more of the documentary record has been made readily available in books and electronic formats, enabling the research on a wealth of award-winning new books by historians. Accessible documents and documentary editions provide the essential evidence that enables historians to tell the story of our nation’s history. Editions and archival collections have also provided the resources for the creation of a vast number of authentic tools for educators at all levels.

Only once in its history--in FY 2004--did the NHPRC receive its full authorized level of $10 million. In FY 2005 Congress appropriated only $5 million--after the Administration proposed cutting the program to $2 million. Cuts of this magnitude threaten the integrity of the program. But in spite of the cuts, last year the president signed legislation (P.L. 108-383) reauthorizing the commission’s grants program for another four years at the $10 million level. NHPRC supporters believe that the White House should stand by its commitments and provide funding for the program.

Given the fiscal challenges that presently confront the nation, the National Coalition for History recognizes the need for fiscal restraint in FY 2006. To that extent the coalition supports a budget figure for the NHPRC 18 percent less than the authorized level of $10 million. A total of $8 million is needed if the NHPRC is to meet its congressional mandate to preserve, publish, and make accessible the documentary heritage of the United States. In addition, $2 million is needed in necessary funding for maintaining the staffing for this program.

This month, historical and archives groups are reaching out to contact members of the House Transportation, Treasury, HUD, Judiciary, and District of Columbia Appropriations Subcommittee and the full House Appropriations Committee to urge them to provide funding for the NHPRC.

Three excellent webpages on the NHPRC issue provide expanded background information on how readers can take action to help save the NHPRC. They are Council of State Historical Records Coordinators, the Society of American Archivists and the Association for Documentary Editing. A background fact sheet on the NHPRC is also posted on the NCH webpage.

Congress Wrestles with FOIA Reform
Each year, a coalition of government openness, media, history, library, and other groups join together to sponsor what has come to be known as “Sunshine Week.” For a full week, various media outlets focus attention on the need for openness in government. During the week of March 14, dozens of op-ed pieces, editorials, and columns showed up in major media outlets--all focusing on the importance of open government. This year, though, the effort was kicked off by the introduction of several measures designed to promote government openness by strengthening the Freedom of Information Act (FOIA).

The FOIA was enacted several decades ago and was designed to make government transparent. The act has been used by scholars, researchers and especially by historians to gain access to documents that otherwise would have been closed to them. The problem is that the time an agency takes to process FOIA requests often takes months if not years to come to fruition resulting in what seems to be unwarranted delays in researching and writing on certain history-related topics.

On March 10, 2005, Senators John Cornyn (R-TX) and Patrick Leahy (D-VT) introduced the “Faster FOIA Act,” legislation (S. 598) establishing a Commission on Freedom of Information Act Processing Delays to study the root causes of FOIA delays. Although FOIA requires federal agencies to respond to requests within twenty working days, as many historians, journalists, and researchers know, agency responses often take much longer.

The legislation seeks to create a commission of sixteen members to study the FOIA process with an eye toward finding ways to lessen delays. The bill was acted on rapidly after it was introduced; it was reported out from the Judiciary Committee and (at this writing) is pending action by the full senate. The National Coalition for History submitted comments to the committee urging the bill be revised to include “historians and archivists” on the study commission, but the committee preferred rapid action on the bill rather than consider suggestions from interested parties. Efforts will be made when the bill reaches the House to see that the needed amendment is made.

On February 16, Senators Cornyn and Leahy also introduced a second bill--”OPEN Government Act (S. 394)--seeking to improve the accessibility of FOIA to the public. On the same day, Representative Lamar Smith (R-TX) introduced a counterpart bill (H.R. 867) in the house. Among other provisions, the legislation allows requesters to recoup legal costs from suing for improperly withheld records, extend fee waivers, require agencies to track requests, and establishes an Office of Government Information Services.

On March 15, the Senate Judiciary Committee subcommittee on Terrorism, Technology and Homeland Security held a public hearing on that measure. The National Coalition for History also submitted detailed testimony “for the record.” Because of the pending enactment of the “faster FOIA Act,” congressional action on the OPEN Government Act is expected to be delayed as Congress will probably await the recommendations of the study commission authorized by the first bill prior to moving the OPEN Government Act. The House version has been referred to the House Committee on Government Reform where the less patient House may opt to act upon it in coming months.

Finally, Senator Leahy also has reintroduced the “Restore FOIA” legislation (S. 622) to amend the Homeland Security Act of 2002 and limit new exemptions from FOIA. The bill is identical to the legislation introduced during the 108th Congress.

Leahy’s bill suggests that in the wake of the 9/11 tragedy, Congress acted hastily in passing the Homeland Security Act and needlessly created new laws that significantly weaken existing FOIA provisions. Leahy’s bill fixes some of those vulnerabilities by removing certain criminal penalties for whistle-blowers, and by narrowing the scope of the FOIA exemptions. The bill has been referred to the Senate Committee on the Judiciary for consideration.

Collectively, these bills share a number of things in common. First, they recognize that openness in government has diminished since the events of 9/11. Second, they recognize that classification actions during the Bush administration have been rising at unprecedented rates (75 percent between 2001 and 2004) and that federal agency actions do not necessarily improve national security; in fact, in many instances they hinder it. Third, while FOIA creates a presumption of openness in government (subject to a limited number of exemptions), recent “administrative” modifications and clarifying interpretations of the exemptions are seeming to swallow up the presumption. Fourth, and perhaps most importantly, there is a growing bipartisan consensus that open government really does need a helping hand and that one vehicle for this is FOIA.

None of the legislation mentioned above does all the things that many historians and researchers would like to see changed in FOIA. Nevertheless, it is a good start. The Cornyn-Leahy bill, in particular, would make some useful improvements. Collectively these bills may signal a new bipartisan effort to draw attention to the erosion of FOIA and the principle of openness in government.

NARA Opens Bush Presidential Records
On February 18, 2005, the National Archives and Records Administration (NARA) opened approximately 9,700 pages of presidential records that are associated with the presidency of George H. W. Bush that were previously withheld under Presidential Records Act (PRA) restrictions. This is the first release of Bush presidential records that are no longer subject to presidential restrictive categories or applicable FOIA exemptions.

The good news for scholars is that neither representatives of former President Bush nor the incumbent President Bush have chosen to assert any constitutionally-based privilege on any of these papers that could have been claimed under provisions of PRA implementation Executive Order 13233. This release brings the total number of records now available to scholars and researchers relating to the Executive Office of the President during George H. W. Bush’s presidency to 5.4 million pages.

The records included in the release are drawn from a wide variety of presidential subject files and as such contain materials from some thirty-five general subject categories ranging from agriculture to welfare. The Bush Library is continuing to review some 57,000 pages of other records subject to E.O. 13233 review. Additional releases will be forthcoming “soon,” according to library officials.

The next release will probably contain much more targeted information as they will reflect some of the FOIA requests that the library has received to date and that have been processed. Future releases, for example, may contain documents relating to such specific topics as civil rights, and Bush administration Supreme Court nominations for Clarence Thomas and David H. Souter. For additional information about the contents of the release call the George Bush Library Research Room at (979) 691-4041.

Clinton Papers Released
The William J. Clinton Presidential Library and Museum has announced the first public release since the end of the Clinton administration of over 100,000 pages of Clinton presidential records. The opening marks a successful collaborative effort by the National Archives and Records Administration (NARA) and President Clinton that seeks to allow researchers access to Clinton administration records as quickly as possible.

The 1978 Presidential Records Act (PRA) allows former presidents to restrict certain types of records for 12 years after leaving office. Clinton, however, has opted to allow an earlier release of some categories of records. The records in this first release include virtuals from his Domestic Policy staff, materials relating to Carol Rasco and Bruce Reed, and other records covering a wide range of domestic policy issues--from employment and education to health care and promotion of the arts. Among the records released are those associated with the Presidential Advisory Commission on Holocaust Assets in the United States.

Clinton library archivists continue to review additional records for “early” release, such as administrative histories and additional files from other staff of the Domestic Policy Council. For additional information about the release visit <http://www.clintonlibrary.gov> or contact Emily Robin at (501) 244-2891.