NCH WASHINGTON UPDATE (Vol. 12, #49; 21 December 2006)

1. MESSAGE FROM THE NEW NCH EXECUTIVE DIRECTOR, LEE WHITE
2. GOVERNMENT ACCOUNTABILITY OFFICE ISSUES REVIEW OF SMITHSONIAN/SHOWTIME VENTURE
3. HISTORIANS AWARDED PRESIDENTIAL MEDAL OF FREEDOM
4. HOUSE GOVERNMENT REFORM COMMITTEE REORGANIZATION INCREASES ARCHIVES AND INFORMATION POLICY FOCUS
5. EPA LIBRARY STATUS REPORT QUESTIONED BY AMERICAN LIBRARY ASSOCIATION
6. BITS AND BYTES:
Item #1--State Department Issues Latest Volumes in Foreign Relations of the United States series
Item #2--Senate Confirms NEA Chair
Item #3--Library of Congress and U.S. Copyright Office Issue Notice of Public Roundtable on Exceptions in Copyright Law for Libraries
and Archives
Item #4--Colonial Williamsburg Foundation to Proceed with Protected Sale of Carter’s Grove Plantation
Item #5--FBI Releases Last of its Files on John Lennon
7. ARTICLES OF INTEREST:
“Berger Hid Archives Papers Under a Trailer, Probe Reports” (Washington Post)
“U.S. to Declassify Secrets at Age 25" (New York Times)
“Civic Literacy on Display” (Washington Times)

NOTE: The will be a two-week holiday hiatus for the NCH newsletter. You
will receive the next issue the week of 8 January 2007. Happy Holidays!

1. MESSAGE FROM THE NEW NCH EXECUTIVE DIRECTOR, LEE WHITE

For the last seven years, Bruce Craig has served as Executive Director of the National Coalition for History and editor of this newsletter. Since December 1st, Bruce has helped me transition into the executive director position. Over the past few weeks, I have come to appreciate the high regard in which Bruce is held in Washington, DC and in the historical and archival community. It has also made me realize what big shoes I have to fill!

Bruce has left for the holidays and with this edition he has turned over the editorship of the NCH Washington Update to me. I went back in the newsletter files to see what Bruce wrote in his first edition as editor. His statement then reflects my views for the immediate future as I assume my new position. Bruce wrote, “Please be assured that I have no intention of ‘fixing something that ain’t broken.’”

I think Bruce’s words still ring true today. He has done a remarkable job as an advocate and in providing timely information to the historical and archival communities. That said, I do anticipate that in time I will recommend some changes in the operation of the NCH and in the newsletter. My two top priorities will be to improve the appearance and content of our current website and to put the organization on firmer financial footing.

As I begin what I hope will be a long relationship with NCH and readers of this publication, I hope that you will feel free to comment and provide feedback on the newsletter. This organization and the newsletter exist to serve the needs of the historical and archival community and I welcome your input as to whether we are meeting those needs.

2. GOVERNMENT ACCOUNTABILITY OFFICE ISSUES REVIEW OF SMITHSONIAN/SHOWTIME VENTURE

The saga of the Smithsonian Institution’s controversial partnership with the Showtime Network continued this week as the long-awaited review of the deal was issued on 15 December 2006 by the U.S. Government Accountability Office. The GAO report came at the request of House Appropriations Subcommittee on Interior, Environment and Related Agencies Chairman Charles H. Taylor (R-NC) and Ranking Member Norm Dicks (D-WA) who control federal funding of the Smithsonian. A full copy of the report can be accessed online at: http://www.gao.gov

In March 2006, the Smithsonian Institution announced that it had entered into a 30-year, semi-exclusive contract with Showtime Networks Inc. to create a digital on-demand television channel. Members of Congress and other stakeholders, including the National Coalition for History, raised issues concerning the contract’s potential effects on public access to and use of the Smithsonian’s collections, its confidential nature, and the process by which the Smithsonian negotiated the agreement. The GAO found that the Smithsonian followed its internal contracting guidelines regarding competition, oversight, and conflicts of interest. The GAO revealed that when the Smithsonian began exploring a television venture in 2002, it approached 18 major media companies and negotiated with two before reaching a deal with Showtime. The process was overseen by the Board of Directors of the Smithsonian Business Ventures (SBV) and the Smithsonian’s Board of Regents, who approved the contract in November 2005.

The GAO stated that the Smithsonian has been working to implement policies and procedures necessary under the contract since it became effective in January 2006. However, thus far the information that the Smithsonian has provided to interested parties such as filmmakers and historians, has been insufficient. The Smithsonian and Showtime waited until March 2006 to publicly announce the new venture and did not implement internal processes to review filming requests for compliance with the contract until after the public announcement. The GAO was critical of the fact that while the Smithsonian has created a committee to review filming requests, it does not document in detail its rationale for key decisions or attempt to synthesize these decisions over time. The GAO also felt the “Frequently Asked Questions” section on the Smithsonian’s web site provides little information for filmmakers about the new contract and procedures.

The GAO concluded that it is too early to determine the long-term impact of the contract. The GAO felt access to the Smithsonian’s collections and staff for research purposes remains unchanged, but the direct impact on filmmakers will depend largely on how many request permission to use a substantial amount of Smithsonian content. So far, 6 of 117 filming requests have involved a substantial amount of Smithsonian content——2 were denied and 4 were approved as exceptions. (Note: The joint venture may grant up to 6 exceptions annually to those requesting access). The Smithsonian contends that it will be able to accommodate the same level of filming activity as it has in the past based on its historical analysis of filming contracts. However, the GAO found that this analysis was unreliable because it was based on incomplete data and oversimplified criteria. The report also noted that concerns have been raised about damage to the Smithsonian’s image and the appropriateness of limiting the use of the collections held in trust for the American public.

In response to the GAO Report, Sheila Burke, the Smithsonian’s Deputy Secretary and Chief Operating Officer, issued a statement saying, “The Smithsonian fully intends to implement both of the recommendations cited in the report’s conclusion: documenting in more detail the reasons for accepting and declining requests from filmmakers and updating the web site to provide filmmakers and other interested parties with more information about the contract.”

A staffer on Capitol Hill told us that the GAO report is considered a thorough study that provides greater clarity to the deal. The staffer said it was reassuring that there were “no red flags” in the report, but it does leave questions unanswered as to how the Smithsonian/Showtime venture will affect filmmakers and historians over the long term. Finally, the staffer said that the Smithsonian needs to take seriously the concerns that GAO raised over its public image and the perception that the Smithsonian is limiting public access to its collection. It is unclear at this point what, if any action, the new Congress will take in response to the report.

Carl Malamud, a senior fellow at the Center for American Progress who has in the past been a critic of the Smithsonian/Showtime venture stated, “The GAO report dealt with many issues in the Showtime deal. But, we're still waiting for the Smithsonian Inspector General's report on excessive compensation and revenue recognition. Historians have uncovered real problems at Smithsonian Books, and there are several other tempests brewing. Congress will certainly be paying close attention next year.”

3. HISTORIANS AWARDED PRESIDENTIAL MEDAL OF FREEDOM

At a recent White House ceremony, President George W. Bush honored this year’s recipients of the Presidential Medal of Freedom, the nation's highest civil award. Established by Executive Order 11085 in 1963, the medal may be awarded by the president “to any person who has made an especially meritorious contribution to (1) the security or national interests of the United States, or (2) world peace, or (3) cultural or other significant public or private endeavors.”

Among this year’s ten recipients were two noted historians. David McCullough is one of the best known historians in America and is the author of numerous history bestsellers. McCullough has won two Pulitzer Prizes for his works “Truman” (1993) and “John Adams” (2002). He has also won two Parkman Prizes, awarded annually by the Society of American Historians (SAH) for the best non-fiction book on an American theme. He won the Parkman Prize for “Truman” (1993) and “The Path Between the Seas” (1978), his book on the construction of the Panama Canal. McCullough has also served as a narrator on such noted Public Broadcasting Service programs such as The American Experience and Ken Burns’s The Civil War. McCullough is also a past president of the SAH.

The other recipient was historian and journalist Paul Johnson. Among his most notable works are “Modern Times: A History of the World from the 1920s to the 1980s,” which has since been updated in a new edition (2005). He is also the author of “The Birth of the Modern: World Society 1815-1830" (1991) and “A History of the American People” (1997). Johnson has also had a notable career as a conservative columnist writing for “The Spectator” and “The Daily Mail,” among many other publications.

4. HOUSE GOVERNMENT REFORM COMMITTEE REORGANIZATION INCREASES ARCHIVES AND INFORMATION POLICY FOCUS

Representative Henry Waxman (D-CA), the incoming chair of the House Government Reform Committee, has announced a reorganization of the subcommittee structure and jurisdiction when Congress reconvenes under Democratic control in January. “My goal is to consolidate the jurisdictions of some of the subcommittees so that the jurisdiction of each subcommittee will have broad appeal and will engage the attention of the subcommittee members,” Waxman stated. As part of the restructuring, there will be a new Information Policy, Census and National Archives Subcommittee. The reorganization will give increased visibility to the National Archives. Waxman has been a long-standing critic of the Bush administration’s policies on access to documents and declassification. The creation of a subcommittee with a focus on information policy signifies the importance the new chairman places on these issue.

5. EPA LIBRARY STATUS REPORT QUESTIONED BY AMERICAN LIBRARY ASSOCIATION

As we reported a few weeks ago, there has been a firestorm of opposition to the U.S. Environmental Protection Agency’s (EPA) effort to close its nationwide network of scientific libraries. EPA began closing some of its regional branch libraries and one at its Washington, DC, headquarters earlier this fall. The agency is not only closing the facilities, but has also reportedly begun destroying documents or shipping them to repositories where they are uncataloged and inaccessible to EPA employees, scientists, and the general public.

On December 11, EPA held a public teleconference to provide a status report on their library system. EPA’s position is that it is providing broader access to a larger audience by making agency library materials available through its public web site. EPA asserts that retrieving materials will be more efficient and easier to locate by using its online collection and reference services.

“When libraries go digital, everyone benefits,” said Deputy Administrator Marcus Peacock. “By modernizing our libraries, EPA is bringing our cutting edge science to your fingertips, whether you live across the street, or on the other side of the world.”

EPA claims that, to date, more than 22,000 of 51,000 EPA documents have been made available through the agency's public web site and all EPA unique documents will be online within two years. Documents from libraries within the network that no longer have physical space will be available online as of January 2007.

EPA’s claims triggered a swift response from American Library Association’s (ALA) President Leslie Burger. “The teleconference December 11 raised more questions that it answered. It is a gross oversimplification to state that everyone benefits when libraries go digital. This is only true when there is a thoughtful digitization plan that ensures valuable information is not lost and public access is retained. We are still waiting for the EPA to disclose its digitization plan and budget,” Burger said.

6. BITS AND BYTES

Item #1--State Department Issues Latest Volumes in Foreign Relations of the United States series: The U.S. Department of State’s Office of the Historian recently announced the release of the three latest volumes in the Foreign Relations of the United States series. Foreign Relations of the United States, 1969-1976, Volume XII, Soviet Union, January 1969-October 1970, is the first of five volumes in the Nixon-Ford subseries, which document U.S.-Soviet relations worldwide and reflect the global nature of the Cold War. The volume and a press release are available on the Office of the Historian website at http://www.state.gov

Foreign Relations of the United States, 1969-1976, Volume XIV, Soviet Union, October 1971-May 1972. This, the third of five Nixon-Ford volumes to be published, is also focused on the Soviet Union. The volume begins with the announcement in October 1971 of President Nixon's visit to the Soviet Union and ends with the Moscow summit in May 1972. Volume XIV and a press release are available on the Office of the Historian website at http://www.state.gov

The third volume is Foreign Relations of the United States, 1969-1976, Volume XX, Southeast Asia, 1969-1972. This volume presents documentation on U.S. relations with Thailand, Indonesia, and the Philippines, three nations that were key U.S. allies during the Vietnam war. Volume XX and a press release are available on the Office of the Historian website at http://www.state.gov

Item #2–Senate Reconfirms NEA Chair: Before adjourning for the year, the Senate unanimously confirmed National Endowment for the Arts Chairman Dana Gioia for reappointment as head of the NEA, marking the beginning of the chairman's second, four-year term. The U.S. Senate also confirmed the appointment of six new members nominated by President George W. Bush to serve on the National Council on the Arts, the advisory body of the National Endowment for the Arts.

Item #3--Library of Congress and U.S. Copyright Office Issue Notice for Public Roundtable on Exceptions in Copyright Law for Libraries and Archives: The National Digital Information Infrastructure and Preservation Program (NDIIPP) (www.digitalpreservation.gov) and the U.S. Copyright Office (www.copyright.gov), both part of the Library of Congress, are sponsoring the Section 108 Study Group. Its mission is to study how section 108 of the Copyright Act may need to be amended to address the issues and concerns of libraries and archives, as well as of creators and other copyright holders, when dealing with digital media. The group will provide findings and recommendations on how to revise the copyright law in order to ensure an appropriate balance among the interests of creators and other copyright holders, libraries and archives in a manner that best serves the national interest. The findings and recommendations will be submitted by mid-2007 to the Librarian of Congress.

The U.S. Copyright Office and the Office of Strategic Initiatives of the Library of Congress have placed a notice in the Federal Register titled “Notice of a Public Roundtable with Request for Comments.” A copy of the notice and additional information can be found at www.loc.gov/section108/.

The roundtable discussion will be held in Chicago on Wednesday, Jan. 31, 2007, 8:30 a.m. to 4 p.m. CST, at DePaul University College of Law, Lewis Building, 10th Floor, Room 1001, 25 E. Jackson Blvd., Chicago, IL 60604.

The notice details how to make a request to participate in the roundtable; requests must be received by 5 p.m. EST, Friday, Jan. 12, 2007. The notice also provides information on how interested parties can submit written comments on the issues presented in the notice. Comments must be received by 5 p.m. EST, Friday, March 9, 2007.

Item #4--Colonial Williamsburg Foundation to Proceed with Protected Sale of Carter’s Grove Plantation: The Colonial Williamsburg Foundation has announced it will proceed with the sale of the Carter’s Grove Plantation but will seek to ensure its preservation by offering it for sale on a fully protected basis. The restrictions will prohibit residential and commercial development of the property. In addition, any sale of the Carter’s Grove property will include a “right of first offer” back to the foundation, should the purchaser seek to resell the property.

The Carter's Grove site comprises 400 acres located along the James River, eight miles southeast of Williamsburg, Virginia. It includes Carter's Grove Mansion, the Wolstenholme Towne site, the Winthrop Rockefeller Archaeology Museum and the first slave quarters reconstructed by the foundation.

Item #5–FBI Releases Last of its Files on John Lennon: On 20 December 2006, the "Los Angeles Times" reported that the FBI has released the final 10 documents detailing the Bureau’s surveillance of former-Beatle John Lennon. University of California, Irvine, historian Dr. Jonathan W. Wiener has been engaged in a legal battle in the U.S. court system since 1981 to force the release of the documents in Lennon’s FBI files. According to the Times article, the FBI had resisted releasing all of the files by claiming they could result in “military retaliation against the United States.” Wiener was quoted in the article as saying, “I doubt that Tony Blair’s government will launch a military strike against the U.S. in retaliation for the release of these documents. Today, we can see that the national security claims that the FBI has been making for 25 years were absurd from the beginning.” The documents are posted at http://www.LennonFBIfiles.com.

7. ARTICLES OF INTEREST

A "Washington Post" article entitled,"Berger Hid Archives Papers Under a Trailer, Probe Shows." The article details the misadventures of how former White House national security adviser Samuel R. “Sandy” Berger managed to smuggle classified Clinton era documents out of the National Archives in 2003. http://www.washingtonpost.com

A “New York Times” article entitled “U.S. to Declassify Secrets at Age 25,” details the effect that the upcoming December 31, 2006, release of millions of pages of declassified documents by the federal government will have on historians and researchers. Under an Executive Order, federal agencies will have to release previously classified documents once they exceed a 25-year limit. http://www.nytimes.com/

A “Washington Times” article entitled “‘Civic Literacy’ on Display,” details Archivist of the United States Allen Weinstein’s outreach effort to help Americans appreciate their democracy. The article profiles a recent event in New York City where some 80 immigrants took their oath of allegiance next to a parchment copy of the Bill of Rights as ratified by the New York state legislature in 1790. http://www.washingtontimes.com/