NCC Washington Update Vol. 1, #22, May 3, 1995
By Page Putnam Miller, Director of the National Coordinating Committee
for the Promotion of History <pagem@CapAccess.org>
1. Selection of U.S. Archivist
2. Update on NEH
3. Head of Smithsonian Air and Space Museum Resigns
4. Update on PROFS related court cases
1. Selection of U.S. Archivist - Although there were indications at
the beginning of May that Clinton would announce the nomination of
John Carlin, former Governor of Kansas, as U.S. Archivist, there
appears to be some slight hesitation at the White House. Delegations
from the American Historical Association, the Organization of American
Historians, and the Society of American Archivists have separate
appointments at the White House on May 4 to discuss the Carlin
nomination. The Washington Post on May 3 carried an article that noted
that this nomination "is certain to be bitterly opposed by major
archivist and historical organizations who say his nomination would
violate the law." The article recounts the provisions of the 1984 law
on the U.S. archivist which call for a non-political appointment to
be made solely on professional qualifications and notes that Carlin is
"a Clinton pal" with a degree in dairy science who headed Clinton's
Kansas campaign. The White House position is that Carlin is "a proven
executive," and has the managerial experience necessary for the job.
The White House has not addressed squarely the provision in the
National Archives' legislation requiring a non-partisan individual who
can deal in an objective and professional manner with thorny issues
about the preservation of and access to sensitive historical records.
The law specifically tried to prevent the conflict of interest that
would almost certainly arise from the appointment of someone whose
personal loyalties and background are closely tied to advancing a
particular administration.
2. Update on NEH - There are indications that Representative Bill
Goodling's (R-PA) bill that would have called for a four year phase
out of NEH has failed to gain momentum. The fate of the draft bill is
up in the air. At this stage it appears that some members of the
House felt it didn't go far enough and others felt that it went too
far.
The Federation of State Humanities Councils has been working to
identify potential swing votes in the House on NEH issues. This,
however, is an internal Federation working list, subject to change,
and is still under preparation.
To obtain "State Fact Sheet" with information on NEH activities in a
specific state, you may e-mail your request to info@neh.fed.us
3. Head of Smithsonian Air and Space Museum Resigns -
On May 2 Martin O. Harwit resigned after eight years of service as
director of the Smithsonian's National Air and Space Museum. In a
letter Harwit said that he was resigning "to satisfy the Museum's
critics and allow it to move forward." The Senate Rules Committee is
still planning hearings on the Smithsonian that will deal with the
canceled Enola Gay Exhibit on the dropping of the first atomic bomb.
Although the hearing is still set for May 11 and May 18, the Rules
Committee has not yet decided on the witness list.
4. Update on PROFS Related Court Cases -
The Archivist and Mr. Bush have filed a joint notice of appeal in the
case of the American Historical Association v. Peterson. Judge
Charles Richey ruled on February 27 that the Bush-Wilson Agreement
giving Bush "exclusive legal control of all Presidential Information
on the materials," was void. At the same time that the government is
appealing this case, it has expressed interest in continuing to
negotiate with the plaintiffs in hopes of settling portions of t he
case. Arguments in the appeal of the Armstrong v. the Executive
Office of the President case have been scheduled for September 8. This
case deals with the issue of whether the National Security Council is
an "agency" and thus subject to the Federal Records Act