1. American Historical Association v. Carlin
2. Still No Date for Library of Congress Hearing
3. No Votes Yet on Treasury and Interior Appropriations Bills
4. A Restructured NEH
5. Update on Istook Amendment
1. American Historical Association v. Carlin -- The Court has set the
dates for the filing of briefs and the oral arguments in case of The
American Historical Association v. John Carlin, (C.A. No. 94-2671
CRR). In this case the AHA seeks to block the implementation of an
agreement made in 1993 between former President George Bush and former
U.S. Archivist Don Wilson regarding the custody and control of the
computer backup tapes that are at issue in the PROFS case. Judge
Charles Richey ruled on February 27, 1995, in favor of the plaintiffs
stating that the agreement violates the Presidential Records Act.
During his confirmation hearing in May, John Carlin indicated in
response to Senators' questions about the Bush-Wilson agreement that
he had problems with the agreement. However, in the week prior to
Carlin becoming U.S. Archivist, the government decided to appeal Judge
Richey's decision. The Appeals Court has now set dates for AHA v.
Carlin. On December 16 the Government's brief is to be filed. The
plaintiffs' responding brief is to be filed on January 15. The
Appeals Court will hear oral arguments in the case on February 29.
The three judges assigned to the panel are: Patricia Wald, David
Tatel, and Stephen Williams.
2. Still No Date for Library of Congress Hearing -- While the Joint
House/Senate Committee on the Library has indicated a commitment to
holding an oversight hearing on the Library of Congress, the committee
leadership has had difficulty juggling various schedules. They have
been unable to set a date for the hearing. It now appears that the
hearing may be held during the week after Thanksgiving.
3. No Votes Yet on the Treasury and Interior Appropriations Bills --
Most of the cultural agencies and historic preservation programs are
funded by either the Treasury or the Interior Appropriations bills.
However, the Conference Reports for these bills have not reached the
floor for a vote. Although there were tentative plans to vote this
week on the Interior bill, that failed to happen.
4. A Restructured NEH -- Effective December 4 the NEH will be
restructured into three divisions containing a total of seven
programs. Many of the current thirty-one programs are being combined.
Each of the three divisions has its own e-mail address:
Division of Public Programs and Enterprise: publicpgms@neh.fed.us
Division of Research and Education: education@neh.fed.us
Division of Preservation and Access: preservation@neh.fed.us
The e-mail address for the Office of Challenge Grants is
challenge@neh.fed.us
The e-mail for the NEH Federal-State Partnership office is
fedstate@neh.fed.us
General information on the reorganization and the new deadlines for
submitting grant proposals, may be received for contacting the
division offices or the general NEH information office at
info@neh.fed.us
5. Update on the Istook Amendment -- On November 8 the House passed
H.J. Res. 115, a continuing resolution to replace the one that will
expire at midnight on November 13. This temporary funding measure
would fund federal agencies until December 1 at the lowest of three
levels: 1995 funding level, the House appropriated level for FY'96 or
the Senate FY'96 level. In addition to the appropriations provisions
the House Continuing Resolution includes the Istook Amendment, which
states that any non-profit organization with an annual budget of $3
million or more that engages in political activities would be
prohibited from receiving federal grants. Any non-profit organization
that spends less than $25,000 on political activities could be exempt
from the amendments requirements.
The Senate began consideration of H.J. Res. 115 at noon on November 9.
Senators Larry Craig (R-ID) and Alan Simpson (R-WY) introduced a 17 page
amendment that was a revised, and somewhat less restrictive, version of
the Istook amendment. After a lengthy debate on Craig-Simpson there
was a roll call vote in which it lost with 46 for and 49 against. All
Democrats present voted against the amendment. Five Republicans voted
with the Democrats against the bill. They were Campbell (R-CO), Dole
(R-KS), Jeffords (R-VT), Snowe (R-ME), and Specter (R-PA). Anyone
voting for the second degree amendment can bring the measure back to
the floor for consideration. Thus there might be further action in
the Senate on the non-profit lobbying provision.
The White House has registered strong opposition to two parts of the
House version of the Continuing Resolution -- the provision to abolish
the Department of Commerce and the Istook amendment. Indications are
that the White House would veto the bill if either of these provisions
are in the bill that is sent to the President.
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