Cheney not off hook for Enron

before 9/11:

Number of times Cheney met with anti-terrorist task force: 0

Number of times Cheney met with Energy Industry & Enron exec's: 6

 

A Vision of Power
By PAUL KRUGMAN

There's a deep mystery surrounding Dick Cheney's energy task force, but it's not about what happened back in 2001. Clearly, energy industry executives dictated the content of a report that served their interests.

The real mystery is why the Bush administration has engaged in a three-year fight — which reaches the Supreme Court today — to hide the details of a story whose broad outline we already know.

One possibility is that there is some kind of incriminating evidence in the task force's records. Another is that the administration fears that full disclosure will highlight its chummy relationship with the energy industry. But there's a third possibility: that the administration is really taking a stand on principle. And that's what scares me.

Could there be a smoking gun in the records? Well, maybe Mr. Cheney was already divvying up Iraq's oil fields in 2001, but I'd be surprised to find anything that clear-cut. It's more likely that the administration fears that releasing the task force's records would alert the public to the obvious.

Those of us who have been following such things know that the Bush administration is so deeply enmeshed in the energy industry that it's hard to know where one ends and the other begins. Campaign contributions are part of it, but it's also personal: George Bush and Dick Cheney are only two of the many members of the administration who grew rich by relying on the kindness of energy companies. Indeed, the day after the executive director of Mr. Cheney's task force left the government, he went into business as an energy industry lobbyist.

In return, the Bush administration has given energy companies a lot to celebrate. One policy decision alone, effectively scrapping "new source review" in regulating power plant pollution, is worth billions of dollars to industry donors.

But if we know all this, why does the release of the task force's records matter? The answer, I think, is that there's a big difference between compelling circumstantial evidence and a more or less official confirmation.

Consider, as a parallel, the case of the nonexistent W.M.D. It was pretty clear by last summer that Saddam didn't have the weapons that were the ostensible reason for war. But it wasn't until January, when David Kay admitted that there was nothing there, that the absence of W.M.D. got traction with the broad public.

The main public justification for the Cheney task force was the 2000-2001 electricity crisis in California. For at least two years, we've known that this crisis was largely the result of market manipulation by energy companies — and surmised that some of those same companies were advising Mr. Cheney on energy policy. But the public will pay a lot more attention if it turns out there is documentation that any energy executives were telling Mr. Cheney how to solve power shortages even as their traders were busily creating those shortages.

Still, Mr. Cheney's determination to keep his secrets probably reflects more than an effort to avoid bad publicity. It's also a matter of principle, based on the administration's deep belief that it has the right to act as it pleases, and that the public has no right to know what it's doing.

As Linda Greenhouse recently pointed out in The New York Times, the legal arguments the administration is making for the secrecy of the energy task force are "strikingly similar" to those it makes for its right to detain, without trial, anyone it deems an enemy combatant. In both cases, as Ms. Greenhouse puts it, the administration has put forward "a vision of presidential power . . . as far-reaching as any the court has seen."

That same vision is apparent in many other actions. Just to mention one: we learn from Bob Woodward that the administration diverted funds earmarked for Afghanistan to preparations for an invasion of Iraq without asking or even notifying Congress.

What Mr. Cheney is defending, in other words, is a doctrine that makes the United States a sort of elected dictatorship: a system in which the president, once in office, can do whatever he likes, and isn't obliged to consult or inform either Congress or the public.

Not long ago I would have thought it inconceivable that the Supreme Court would endorse that doctrine. But I would also have thought it inconceivable that a president would propound such a vision in the first place.

 

What? Do you really think the Supreme Court (the same Supreme Court that elected Jr) is going to side against Cheney?

I predict that they will reverse the lower court's ruling and not allow the documents to be released.

 

I don't know... perhaps they'll surprise us. I hope so, but if they do (surprise us), it'll be a 5-4 decision.

 

The cover-up continues...
_________________

From The Nation
[from the May 3, 2004 issue]

Who should control access to the archives of the 9/11 Commission after it closes up shop in August? The commission's records will go to the National Archives. On April 8 the Bush Administration quietly pushed the current archivist, John Carlin, a Clinton appointee, to step down. To replace him, Bush will nominate Allen Weinstein, a historian who has been criticized for failing to abide by accepted scholarly standards of openness (more details will appear in an upcoming Nation profile). Weinstein headed, until recently, the Center for Democracy, a think tank whose board is studded with GOP heavyweights, including Senators Kay Bailey Hutchison and Richard Lugar, House Republican whip Roy Blunt and Henry Kissinger.

The national archivist is crucial in a democratic society: He preserves our history and makes government records available to the public. He should also serve as an advocate for greater openness. The Senate is required to confirm the nomination, and the last time around, in 1995, the White House nominee was opposed during that process by organizations of historians and archivists (who regarded Carlin as unqualified). This time, the White House reportedly hopes to avoid hearings and instead plans to attach a confirmation bill to some other piece of legislation, perhaps as early as May. This would leave a Republican appointee in charge of not only the 9/11 Commission archives but all other Bush White House documents.

The surprise move to replace the archivist violates the spirit of a 1984 law that sought to depoliticize the office. The archivist, according to that bill, is not a political appointee who serves at the pleasure of the President, and his term is not tied to the term of the President, although the President can ask for his resignation. A House report in 1984 said Congress "expects" the nomination of a new archivist "will be achieved through consultation with recognized organizations of professional archivists and historians." There has been no such consultation.

Bush's move is part of a larger pattern of expanded White House secrecy, starting with its fight to conceal the names of members of the Cheney energy task force and continuing with the recent effort to prevent the 9/11 Commission from revealing such documents as the now-famous Presidential Daily Briefing of August 6, 2001. It's true that all Presidents want to control access to their papers, but it's the responsibility of the archivist to see that access is "free, open, equal, and nondiscriminatory," as the Statement on Standards of the American Historical Association puts it.

Senate confirmation hearings are essential because Weinstein's record, especially on access issues, is bad. His 1999 book The Haunted Wood has been criticized for its flawed handling of archival materials. His publisher paid for exclusive access to Soviet archives, and no one else has been allowed to see the documents he quotes (see Ellen Schrecker, "The Spies Who Loved Us?" May 24, 1999). This appears to violate the code of ethics of the International Council on Archives, which calls for "the widest possible access" to documents. His earlier book, about Alger Hiss, has been criticized for politically motivated withholding of documents: Weinstein has refused to make his interviews on the Hiss case available to historians who disagree with him, which violates the Standards of the American Historical Association (see Victor Navasky, "Allen Weinstein's Docudrama," November 3, 1997).

A single senator can put a hold on a presidential nomination, which prevents it from going forward without debate. This should be done promptly. Then the Senate Committee on Governmental Affairs, chaired by Susan Collins--with Joseph Lieberman as ranking Democrat--has an obligation to hold confirmation hearings. The American people need a better custodian of their history.

 

One thing that bothers me about Bush's nominee is that he's a buddy of the Bush I Archivist. Here's an overview of the National Archives so you can have some idea of the importance of the job. Shenanigans under Bush I are bolded. There is also an unseemly history of Republican politicos influencing the release of the Watergate tapes and documents.
_______
The National Archives and Records Administration
Past, Present and Future

NARA's PAST
Before the enactment of the National Archives Establishment of June 19, 1934 (48 Stat. 1122) there was no central place where important government records could be stored. Departments and bureaus kept their own records with varied amounts of care. The fires of 1800 and 1801 seriously damaged records of the War Office and Treasury Department. Records were also damaged by water, theft, negligence, insects, rodents, chemicals, extremes of hot and cold, and mold. The turning point came with the growth in the national government during the Civil War which meant a growth of records as well. In 1877 there was yet another fire that destroyed part of the Department of Interior building. It was recognized that useless records needed to be destroyed, while those "worthy of retention" should be stored somewhere safe. There was disagreement, however, over what exactly should be built--a "hall of records" for agencies to store their own records and still maintain control of them or a national archive for all records in the government controlled by a separate agency.

The executive and legislative branches wanted a fireproof general repository built in which agencies could store and control their own records and the plans for a "hall of records" were submitted by the Secretary of the Treasury to Congress in 1898; however, no funds were appropriated. Historians, archivists, and groups such as the American Legion and Daughters of the American Revolution lobbied for a national archival institution to be "professionally preserved and administered." In 1926 $1,000,000 was fully appropriated for a building and the project turned into a national archives. Ground was finally broken for the archives building in September, 1931 and the cornerstone laid by Herbert Hoover in February, 1933. When Franklin D. Roosevelt signed the National Archives Act into law on June 19, 1934, the U.S. became the "last major western nation" to establish a national archives.

During World War II the National Archives (NA) had problems with the security classifications that were put on many of the documents. Although interested from the beginning in making as many documents available to researchers as possible, the Archivist went along with the restrictions as he thought they would be lifted after the War; this allowance meant that agencies could put strict restrictions on the records they sent to the NA if they felt the documents contained security-related matters. (The agencies already had the power to put some restrictions on their documents stored by NA.) Although the Archivist was sympathetic to the restrictions of war time, he worried that if he voiced his concerns regarding the restrictions, it would jeopardize the agency's ability to acquire important records for the future. In looking back, his concerns appear ill-founded, as the NA is now the most accessible archive in the world.

The agency created in 1934 was an independent agency, but on June 30, 1949 the Federal Property and Administrative Services Act (63 Stat. 378 sec. 104) transferred the NA to the newly created General Services Administration and the NA changed its name to the National Archives and Records Service to reflect the agency's responsibilities for current records as well as permanently valuable archival materials. These responsibilities were clarified and expanded in the Federal Records Act of 1950. However, many users and professional organizations associated with the Archives advocated a return to the status of an independent agency and with the act of October 19, 1984 (98 Stat. 2280) the National Archives and Records Service once again became an independent agency in the executive branch effective April 1, 1985 and changed its name to the Natiional Archives and Records Administration. As of FY 1993 NARA had a full-time staff of 1,123 in the Washington, D.C. area and 3,472 full-time employees nationwide. The appropriations received were for FY 1993 were $165,454,000.

NARA's PRESENT
The present mission statement by the National Archives and Records Administration(NARA) lists five responsibilities. The first is to preserve, bibliographically arrange, and make available to the public the records of the three branches of government (Office of the National Archives (NA) and the Office of Special and Regional Archives (OSRA). The second responsibility is to manage the Presidential Library system (Office of Presidential Libraries (OSPL). The third is to help the federal agencies in their record management needs especially in scheduling records for retirement to the Federal records centers (Office of Federal Records Centers (OFRC) and Office of Records Administration (ORA). The fourth is to administer grant programs through the National Historical Publications and Records Commission (NHPRC and National Archives Trust Fund Board (NATFB). Lastly NARA is responsible for publishing the Statutes at Large, regulations, presidential documents, and other public documents through the Office of the Federal Register (OFR).

OFFICE OF THE NATIONAL ARCHIVES
The National Archives(NA) identifies, accessions, describes, preserves, and makes available for research the permanently valuable records of the Federal government from its beginnings in 1774. Among the best known records are the Declaration of Independence, the Constitution and the Bill of Rights. These are on permanent display in the Rotunda of the NA in Washington, D.C. Most of the records of the NA are not famous, but have been determined to have sufficient historical or other value to warrant their continued preservation.

NARA prepares finding-aids for the records as well as inventories and guides in order to facilitate their use. Original records are available for use in research rooms in all the Archives facilities. Most records in the NA's custody are maintained in the National Archives building and other facilities in the Washington D.C. area.

The word archives means both repository of records and the building where the records are kept. The building needs to be well equipped to preserve (in perpetuity) the documents stored there. The National Archives building located in Washington, D.C. (bounded by Pennsylvania and Constitution Avenues and 7th and 9th Streets Northwest) contains 21 levels of stack areas for records. These stacks are controlled for temperature and humidity and equipped with smoke detection devices, sprinkler systems and in select areas a Halon gas system to protect against fire. The Charters Monitoring System has kept watch over the condition of the Constitution, the Declaration of Independence and the Bill of Rights since 1987. The system looks for possible changes in the condition of the documents by means of an electronic camera and a digital image processor. From 1987 to 1992, 64 pairs of observations were made of selected areas of each page of the Charters. In 1992 a staff physicist developed analytical tools to evaluate the comparison of images. So far no signs of deterioration have been detected. The building reached its storage capacity in the late 1960's. A new building has been constructed in College Park, Md. adjacent to the University of Maryland campus and simply named Archives II.

Archives II opened in 1993 and covers 2 million square feet spread over 520 miles of shelving space in 21 stack areas. All record stacks are equipped with electric high-density mobile shelving. The environmental controls for the building were developed according to the current standards established by the National Academy of Sciences which incorporate advanced pollution and environmental controls. It is equipped with nine sophisticated preservation and conservation laboratories, state-of-the art office space, an auditorium, multipurpose lecture rooms, a day-care center and a cafeteria. The cost of construction of Archives II is financed by $301,702,000 of federally guaranteed debt issued in 1989. NARA is now seeking appropriations for the annual payments to be made under the contract for construction and related services. It has separate research rooms for cartographic and architectual records; motion picture sound and video records; microfilm; still pictures; and electronic records (all the permanently valuable non-textual records will be housed here.) However, it will house some textual records as well, such as the Nixon Materials Project, the John F. Kennedy Assassination Act Collection, and the Supreme Court Audio Tape Collection. Major textual records to be located at Archives II are the records of the State Department and the records of the Executive Office of the President.

The NA has a 20-year Preservation Plan in which holdings maintenance serves as the focal point. Holdings maintenance procedures include placing records in acid-free folders and boxes, removing damaging fasteners and enclosing fragile records in polyester sleeves. Trained staff monitor the quality of boxes and folders to ensure that all storage materials coming into contact with archival records meet NA specifications. The Conservation staff has designed and fabricated special housings for records that cannot be accomodated by standard boxes to be moved to Archives II. Conservation of documents is required for those documents that will be loaned or on exhibit. Records from NA were treated, delivered and installed for the traveling exhibit "World War II: Personal Accounts--Pearl Harbor to V-J Day," to commemorate the 50th anniversary of World War II. The specially notable documents for the exhibit are Adolf Hitler's Last Will and Political Testament and German surrender and Japanese surrender documents.

For the Fiscal Year 1991-92, more than $8.8 million was spent on preserving records in all media. Access for researchers wishing to consult records in the NA buildings (Washington, D.C. or College Park, Md) is through a system of research cards. Researchers must contact the NA ahead of time in order to be issued a research card which they must show when they enter the research rooms. Consultants are available to assist researchers. There are numerous guides, lists, inventories, indexes and other finding aids that provide valuable information about the Archives' holdings. The periodical Prologue: Quarterly Journal of the National Archives (AE1.111 publishes lists of accessions and openings of records in all parts of NARA. Many important documents are published only on microfilm, often with an accompanying descriptive pamphlet. Some of the publications are free; others must be purchased. Preservation and conservation is not only done in Washington, D.C. and College Park, but at the Special and Regional Archives as well.

OFFICE OF SPECIAL AND REGIONAL ARCHIVES
This office consists of the following four divisions:

Center for Legislative Affairs
Center for Electronic Records
Technology Staff
Regional Archives System
Each of these divisions will be briefly described in turn.

CENTER FOR LEGISLATIVE AFFAIRS
The Center preserves and administers the official records of Congress and documents its history. Three years after the National Archives Establishment Act of 1934, the Senate transferred to the NA approximately 4,000 cubic feet of records, although the House did not transfer any records until 1946 after the Legislative Reorganization Act of 1946 was passed. One of the major record groups of this Center is the set of publications of the Federal government, consisting of 1.8 million items, (the core of which was formerly the Public Documents Library of the Government Printing Office.) This is the most comprehensive set of federal publications in existence--dating from 1790-1979--but is incomplete especially for the years before 1895.

The records of the House and Senate comprise the majority of the Center's records and include materials referred to and generated by the many committees of Congress, as well as the records of the offices of the Secretary of the Senate and the Clerk of the House of Representatives. The holdings provide extensive documentation on a wide range of topics; i.e. unpublished hearings, records of congressional investigative committees, treaty files, campaign finance reports, records of impeachments, etc.

Access to the House and Senate records is determined by the rules of the House (H.Rule XXXVI subject to determination of the Clerk of the House) and Senate (S.Res. 474 from the 96th Congress). The House and Senate transfer records on a regular basis, but the records remain closed for designated periods of time:

30 years for most House records;
50 years for House records involving investigative records and personal privacy;
20 years for most Senate records; and
50 years for sensitive Senate records.

These records of Congress are not subject to the Freedom of Information Act. The personal papers of senators and representatives are not held by the Center.

CENTER FOR ELECTRONIC RECORDS
NARA has been dealing with electronic records since 1968. This Center handles the full range of archival responsibilities--appraisal processes, (which electronic records have sufficient enduring value to warrant preservation), transfer of records to be preserved from federal agencies, accessioning the records into holdings, preserving them, and providing them as needed to researchers. Systems have been or are being instituted to automate the accessioning of data files. Analyses are underway in the areas of textual documents in digital form, electronic mail, geographic information systems and CD-ROMs. The Center is also interested in enhancing NARA's services to researchers for accessioned electronic records.

Among the types or subject areas that are representative of the Center's holdings are:

Attitudinal Data (surveys about equal opportunity, crime, violence, etc.;
Demographic Data (data from Bureau of Census);
Economic and Financial Statistics (labor, income, securities, tax, trade, etc.);
Education Data (education programs of U.S. government);
Health and Social Services Data (includes biomedical and sociological information);
International Data (includes import-export statistics and USIA-sponsored surveys);
Military Data (includes Prisoners of War records for Korea and Vietnam Conflicts); and
Scientific and Technological Data (includes registers and surveys of scientific and technical personnel and data from the National Ocean Survey).

The Center is offering electronic access to its Title List, a preliminary and partial listing of data files in NARA and selected other materials through the Internet (cu.nih.gov) by using file transfer protocol (FTP) software. The Motion Picture, Sound, and Video Branch and the Still Picture Branch have begun to make information about NARA audiovisual holdings available online.

TECHNOLOGY STAFF
This Staff monitors new and emerging technology trends. Reports and studies are developed that identify the trends most likely to be implemented in agency electronic records creation and record-keeping programs. It then recommends action that will prepare the NA to deal adequately with electronic records and identifies current technologies that could be implemented in the programs of the NA. The Staff is involved in development of selected information technology standards in order to ensure that the standards address archival concerns.

REGIONAL ARCHIVES SYSTEM
Created in the 1960's as a network of regional archives, these 12 archives contain primarily regional or local interest records. The depositories are usually located in the same building as the regional records centers. They hold both microfilm and original federal records of particular significance to the geographic area in which they are located.

OFFICE OF PRESIDENTIAL LIBRARIES
One of the resources that makes NARA so accessible is the Presidential Library system. It was established in 1939 when legislation was passed making the Franklin D. Roosevelt Library the first Presidential archival depository. It was constructed with private funds on land owned by the Roosevelt family with the understanding that the NA would assume the responsibility of arranging and administering Roosevelt's presidential papers. This set the precedent for the succeeding presidential libraries. They are constructed with private funds or funds from non-Federal agencies, and a private non-profit Presidential Foundation is formed to coordinate these efforts and to maintain an endowment to offset library operation costs. Once the library is constructed, the National Archives assumes responsibility for its operation and maintenance, now in accordance with the Presidential Libraries Act of 1955 and 1986. At present there are nine Presidential Libraries and two Presidential Materials projects. They are:

Herbert Hoover Library in West Branch, Iowa;
Franklin D. Roosevelt Library in Hyde park, New York;
Harry S. Truman Library in Independence, Missouri;
Dwight D. Eisenhower Library in Abilene, Kansas;
John F. Kennedy Library in Boston, Massachusetts;
Lyndon B. Johnson Library in Austin, Texas;
Gerald R. Ford Library in Ann Arbor, Michigan;
Jimmy Carter Library in Atlanta, Georgia;
Ronald Reagan Library in Simi Valley, California;
Bush Presidential Materials Project in College Station, Texas; Nixon Materials Project in College Park, Maryland.

The Presidential Records Act of 1978 (92 Stat. 2423) abolished the tradition of Presidential ownership of Presidential materials and all Presidential records created after January 20, 1981, are the property of the United States. This Act was enacted in response to the 1974 Nixon-Sampson Agreement in which former President Nixon, just before resigning from the Presidency, tried to prevent the public from gaining access to the records of his Administration, especially the tapes concerning the Watergate scandal. Congress acted to prohibit such agreements in the future and to nullify the Nixon-Sampson Agreement.

The Presidential Recordings and Materials Preservation Act of 1974 (applicable only to Nixon's materials) gave the Federal government custody over the Nixon Presidential records, documents, and tape recordings. The Nixon Library in Yorba Linda, CA holds Nixon's congressional and vice-presidential records and a small collection of copies of his Presidential papers. NARA has named former President Nixon's materials the Nixon Project. The Ronald Reagan Library was the first to operate under the provisions of the Presidential Records Act of 1978.

Former President Bush before leaving office made an agreement with the former U.S. Archivist, Don W. Wilson, to give Mr. Bush "exclusive legal control" over electronic records created by officials of the White House office (the Chief of Staff and senior presidential assistants) and the Office of Policy Development, and provides that these records shall be disposed of in accordance with the instructions of George Bush or his designee. Mr. Bush and the Acting Archivist, Trudy H. Peterson, were sued by a consumer advocate group, Public Citizen, charging that the Bush-Wilson Agreement was a violation of the Presidential Records Act of 1978 and the Constitution. Public Citizen was joined in the suit by the American Historical Association, the American Library Association, the Organization of American Historians, the Center for National Security Studies, the National Security Archive, journalist Scott Armstrong and Researcher Eddie Becker. The suit is titled American Historical Association et al v. Peterson. The plaintiffs argued that the agreement would deny the public and historians access to government records concerning the activities of his Administration and would allow Mr. Bush to have the records destroyed. The former Archivist Don W. Wilson was apparently negotiating to become director of the Bush Center in Houston, Texas and resigned on March 19, 1993 to take that position.

U.S. District Court Judge Charles Richey for the District of Columbia struck down the agreement on February 27, 1995. In affirming the plaintiff's arguments, he said that the government's position would put the U.S. back to where it was before 1978 when Presidents could restrict access or destroy records created by officials during their Administration. He declared that the Bush-Wilson Agreement was inconsistent with the 1978 Presidential Records Act and Article II of the Constitution. This decision will preserve memoranda, documents, scheduling calendars and other information recorded on approximately 5,000 mainframe magnetic tapes, more than 140 hard drives and one floppy disk.

Judge Richey found that the former Archivist acted outside "the scope of [his] authority and discretion" and that the Bush-Wilson Agreement was based on an "erroneous view of the law." The Acting Archivist has been directed to process the electronic records in question in accordance with the Presidential Records Act.

The Presidential library system, according to the 1986 annual report, cost $25,256,000. Each presidential library maintains its own research rooms and welcomes researchers. Service hours vary, so researchers need to check with the facilities to determine exact times when a particular library is open. While the cost is free to walk into the libraries, view public exhibits and do research, other activities (such as tours) may charge a fee.

OFFICE OF FEDERAL RECORDS CENTERS
In 1950 the NARS began establishing a series of record centers across the country to store semi-active federal records at low cost. These records are stored in accordance with established disposition schedules. Although these records are in the physical custody of the OFRC, they remain under the legal control of the agency of origin. The Centers provide reference services, including loan or return of records to agencies of origin, prepare authenticated reproductions of documents, and furnish information from records. Although most records are destroyed, some recocrds are permanently retained and those are transferred to the NA. Most of the records held by the centers are from the Dept. of Defense, the Dept. of the Treasury (IRS), the Dept. of Health and Human Services (Social Security Admin.) and the Veterens Admin.The Centers offer technical assistance, workshops and advice on records maintenance, storage, and disposition practices including electronic records management and vital records.

OFFICE OF RECORDS ADMINISTRATION
This Office carries out NARA's statuatory mandate to ensure adequacy of documentation and appropriate disposition of the records of all federal agencies by developing standards and guidelines for the management and disposition of recorded information. The Appraisal and Disposition Division reviews record schedules submitted by agencies, appraises records for permanent retention, develops General Records Schedules for use throughout the government and works with agencies to implement these schedules. The Agency Services Division conducts evaluations of agency records management programs, trains federal agency staff and develops policies relating to records and information managment in the federal government. The Office monitors archival records not in the agency's custody, inspects agency records and records management practices, develops records management training programs and provides guidance and assistance with respect to proper records management.

NARA believes that management practices covering both long- and short-term needs of records and information need to be incorporated into the design of electronic information systems. NARA has designated the requirements that any electronic system should meet in order to satisfy these needs and has begun to test proposed functional requirements with an electronic sytem. The Office is also developing expanded policies on managing electronic records, specifically electronic mail and systems documentation for automated systems. The Office cooperates with some state and local archives to address a full range of archival issues regarding electronic records of intergovernment programs.

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
The National Historical Publications and Records Commission (NHPRC) was created as part of the National Archives Act, but did little until after 1950. Now it is a grant-making body with 15 members (the Archivist at its head) representing the three branches of government and professional societies. The Commission makes plans, estimates, and recommendations for historical works; cooperates with and encourages various non-federal agencies and institutions in gathering and publishing papers and other documents important for the study of American history; awards grants to promote a varity of historically oriented projects, such as archival programs, documentary publications projects, archival and editorial education; provides grant money for printed and microfilm publications of the papers of important American diplomats, politicians, reformers, scientists, and labor figures, as well as corporate and organizational records; a subsidy program provides grants to nonprofit presses to help support publication costs of sponsored editions; makes grants to state and local governments, historical societies, archives, libraries, and associations for the preservation, arrangement, and description of historical records; sponsors educational programs to train scholars in documentary editing, and grants fellowships in the fields of documentary editing and archival administration.

The NHPRC has helped to preserve and provide access to archival information in electronic form and has supported automated techniques to better administer the nation's documentary heritage. The Commission has made grants for projects that use automated techniques for better administration of a repository's records. Since the Commission suports the use of standards, the majority of the grants have supported the use of MARC AMC format to provide better access to collections through the inclusion of descriptions in bibliographic databases.

On May 31, 1994 President Clinton signed H.R. 2139 (P.L. 103-262) reauthorizing the NHPRC for the next three years. The funds appropriated are $7 million for FY 1995 (with $2 million of this as a grant for the Thomas P. ONeill Jr. Library), $8 million for FY 1996 and $10 million for FY 1997.

NATIONAL ARCHIVES TRUST FUND BOARD
The National Archives Trust Fund Board (NATF) is also headed by the Archivist of the U.S., other members are the Secretary of the Treasury, and the Chairman of the National Endowment for the Humanities. This Board receives monies from the sale of reproductions of historic documents, audiovisual materials, and publications about the records, as well as gifts. The Board invests these funds and uses the income to support archival functions such as the preparation of publications that make information about historic records more widely available.

OFFICE OF THE FEDERAL REGISTER
In 1935 the Federal Register Act was approved (44 U.S.C. chap. 15) to provide a publications function. The NA would receive the orginal and two copies of the documents. The orginal became part of the NA, one copy was kept in the Federal Register division for public inspection, and the other went to the Government Printing Office for publication. Administrative regulations had no legal force, according to Congress, until they were available for public inspection and published. The first Code of Federal Regulations came out in fiscal year 1941. This Office acts now as the Government's central publication point for laws. It also offers a variety of services to the Government and public to improve access to information. Efforts are underway to encourage the submission of documents in electronic format by federal agencies. It is also studying dissemination of its publications in electronic format. Since 1992 OFR has operated a free electronic Bulletin Boarad, FREND (Federal Register Electronic News Delivery), which provides round-the-clock innformation about material published in the daily Federal Register, about recently enacted Public Laws, and other information about the Federal Register Publications. OFR is using the NA's fax-on-demand system to distribute information about documents to be printed in the daily Federal Register. Anyone can order or subscribe to any OFR publication, but all orders must be accompanied by payment (check or money order) or charged to a charge card.

The major publications of the OFR are:

Slip Laws (AE2.110
United States Statutes at Large (AE2.111
Federal Register (AE2.106
Code of Federal Regulations (AE2.106/3
United States Government Manual (AE2.108/2
Weekly Compilation of Presidential Documents (2.109
Public Papers of President (AE2.114
Codification of Presidential Proclamations and Executive Orders (AE2.113
"The Federal Register: What It is and How to Use It" (AE2.108:F31)

OFFICE OF THE ARCHIVIST
The Archivist of the United States is appointed by the President with the advice and consent of the Senate. The first Archivist, Robert D. W. Connor, was given broad personal powers with the ability to appoint employees without regard to civil service law. The Archivist and his deputies "had to deal with the greatest volume of records in the world; the unparalleled diversity of their origins, arrangement, and types; and their widely scattered locations," this included the preservation of motion pictures and sound recordings that illustrated historical activities in the U.S. as well as written documents.

The Archivist is assisted by a Deputy Archivist and eight Assistant Archivists. The staff under the Archivist fall into several groups.

1. Congressional Affairs Staff maintains contact with and responds to inquires from congressional offices.
2. Public Affairs Staff maintains contact with the media, responds to media inquires and issues press releases and other literature.
3. External Affairs Staff maintains contact with organizations representing the archival profession, scholarly organizations and other groups served by NARA.
4. Legal Services Staff provides advice in matters involving the interpretation of laws and regulations, represents the agency before administrative tribunals, and serves as a liason between agency officials and other Federal agencies. In 1991 the National Archives was involved in a wide variety of civil litigation, from claims to establish the National Archives's title to an 1837 map of Michigan to law suits involving the Freedom of Information Act. The legal staff also serves as counsel to the National Archives Inspector General.

OFFICE OF THE INSPECTOR GENERAL
The Office of the Inspector General (OIG)was established April 16, 1989. The Inspector General is responsible for providing policy direction for audits, investigations, and other activities carried out or financed by NARA as well as conducting, supervising and coordinating the above. The OIG reviews existing and proposed legislation and regulations relataing to programs and ooperations and makes recommendations in a semiannual report to Congress. Other responsibilites include reporting to the Attorney General where there are reasonable grounds to believe there have been violations of Federal criminal law.

NARA'S FUTURE
While there will be physical records to store for a long time to come, it is evident that the future will involve more and more electronic records, ranging from CD-ROMs to online records. NARA itself now publishes an electronic journal entitled The Record. Its first issue describes NARA's goals for the future as "changing from a traditional archival repository to a multifaceted institution with centers for research and information exchange that serve a global community."

One of the ways NARA is planning on serving the global community is through the development of CLIO, an information system that combines vast collections of information available about NARA with easy access to diverse electronic resources over the Internet and uses gopher software. During the preliminary stages of development, the posting of information on CLIO will be coordinated by the "CLIO Pilot Team" in cooperation with units throughout the Archives. Once the initial design of CLIO is complete, responsibility for publishing and maintaining menu items on the system will be transferred to "information owners" throughout the Archives.

NARA has made more than 300 publications about the agency and its holdings available over the Internet. It is beginning an incremental system which will link all agency locations in a NARANET Wide Area Network and is exploring other critical steps in providing the infrastructure necessary to improve information services for staff and customers. It is investigating possibilities to coordinate with the Department of State an automation system for Freedom of Information requests. By the end of this decade people in their offices, schools and homes throughout the U.S. should be able to connect electronically to the Archives.

Another Internet resource that NARA is developing is the Government Information Locator Service (GILS). GILS is a decentralized collection of information locators and associated information services that the public will use to find information that is available from the Federal government. GILS will identify and describe Federal information resources and use standard network technology and voluntary, international standards for information search and retrieval to deliver the information to the public. GILS will be a "virtual card catalog" designed to be a point of entry for discovering information. It does not provide the actual information itself, but a description of resources--what information is available, where the information is located and how the user can obtain access to it. GILS will organize the collective set of agency-based locators and associated services to help make the information accessible to the public. It is also designed to be a tool for agencies to manage their federal records.

The National Archives has come a long way from its inception just 61 years ago. The continuing philosophy of NARA is to preserve the right words and the accurate records so that we may reach back and draw from our past. NARA seeks to encourage a continuing interaction history through its programs and the accessibility of its records.

 

Thanks, rimrocker. I wish Carlin had refused to step down... forcing Bush to fire him. This Administration is getting more and more like the Nixon years and surpassing those years in many respects. What's scary is, does the public even notice?

 

If you aren't completely appalled,
then you haven't been paying attention.

Welcome to America...

 

Yeah, I knew the answer to my rhetorical question. If the stink is bad enough to get widespread media coverage then some of this will sink into the public. Those who pay attention know how bad things are and that the smell of this government should have everyone's attention already.

 

The Supreme Court is a tough one to call. Wouldn't surprise me if they go against Bush. They might decide to try to project some independence for pr purposes.

Speaking of the Court. It is surprsing that some of the older conservatives haven't resigned to try to allow Bush to appoint some young right wingers. After all Bush could easily lose the election. I suspect that after there role in stopping the counting in Florida, therebye appointing Bush, there is still a slight tendency to want to appear neutral toward the Administration.

 

High court hears arguments on Cheney task force
Bush administration contends case about separation of powers
From Bill Mears
CNN Washington Bureau
Tuesday, April 27, 2004 Posted: 1:40 PM EDT (1740 GMT)

WASHINGTON (CNN) -- Attorneys for two public interest groups argued Tuesday for the release of Vice President Dick Cheney's energy task force records, with the Bush administration calling it a case of "separation of powers."

Supreme Court justices questioned lawyers on both sides as the administration asserted the files should be kept secret.

Cheney contends that forcing him to disclose his task force's 2001 contacts with industry executives and lobbyists would hurt the White House's ability to receive candid advice.

"This case is about the separation of powers and the president's discretion to receive the opinions of subordinates," Solicitor General Theodore Olson told the court during oral arguments Tuesday morning.

The Sierra Club and Judicial Watch are seeking records from Cheney's task force, which met behind closed doors. They argue the vice president's contacts with industry leaders were improper while he was developing government policy that benefited their businesses.

The groups said they want to know whether lobbyists for the energy industry privately helped craft the U.S. government's long-term energy policy.

Chief Justice William Rehnquist and Justices Stephen Breyer, Anthony Kennedy, David Souter and Antonin Scalia raised questions about whether the groups had a right to obtain those records, with Breyer suggesting the request was too broad.

"I hear echoes of every discovery request I've ever heard," Kennedy said.

Judicial Watch attorney Paul Orfanedes said the government can't withhold records from the public when private citizens participated in the task force. But Breyer and Scalia questioned whether such participation effectively made them members of the group.

Scalia, whose January hunting trip with Cheney became an issue in the case, said the president "has the power to say, 'No, this intrudes too much on my power, and I won't do it.' "

The White House argues that the courts and Congress have no business making inquiries, even limited ones, into the decision-making power of federal agencies and officers. It rejects critics' descriptions of its operation as overly secretive and cozy with big business.

The case tests the constitutional balance between confidentiality and public scrutiny for government leaders, issues that have particular resonance in this election year.

David Bookbinder, the Sierra Club's legal director, said the White House appears to have violated laws supporting open government.

"What the panel said to energy executives was: Help us decide what the energy policy should be," Bookbinder said. "A line has been crossed because the process should have been transparent. The panel was inordinately influenced by the energy industry."

In one of his first acts in office, President Bush tapped Cheney to lead the National Energy Policy Development Group in January 2001. The task force was commissioned to gather information and recommend a set of energy polices.

Before becoming Bush's running mate, Cheney was chairman and chief executive officer of the Texas-based Halliburton Co., one of the world's largest service providers to the oil and gas industry.

Among those reportedly advising the group were former Enron Chairman Kenneth Lay and two of the company's lobbyists -- Haley Barbour, a former Republican Party chairman and now Mississippi governor, and former Montana Gov. Marc Racicot, now chairman of Bush's re-election campaign.

The task force developed a report that recommended opening up more federal land to oil, natural gas and coal development, including the remote Arctic National Wildlife Refuge in northeast Alaska. The energy bill crafted by the administration remains stalled in Congress.

In a January 2002 interview, after Enron's collapse, Cheney denied any improper contacts involving his advisory group.

"It's sort of of a classic feeding frenzy in Washington," he told CNN. "Nobody's got a charge to make; nobody did anything wrong. Enron didn't receive any special treatment. They were treated and dealt with just like a lot of other energy companies were that we talked to during this process."

Cheney argues that the executive branch needs to defends its right to confidentiality against "continual encroachment by Congress."

The government has not formally exerted executive privilege, under which it could refuse to turn over records or provide witnesses to testify. Instead, officials have claimed separation of powers allows them to keep certain documents private.

In court papers, Judicial Watch said executive privilege would not apply if energy executives and lobbyists participated in developing energy policy.

The White House also argues federal agencies already have turned over about 40,000 documents after a federal judge ordered their release in 2002. But Judicial Watch President Tom Fitton contends another 100,000 potentially relevant files have been withheld.

A ruling is expected by July. Whatever the outcome, years of further litigation in the case is expected.

With the case pending, Scalia refused the Sierra Club's call to recuse himself after he accompanied Cheney on a duck-hunting trip in January. Scalia said he did not believe his impartiality "can reasonably be questioned."

"If it is reasonable to think that a Supreme Court justice can be bought so cheap, the nation is in deeper trouble than I had imagined," he wrote last month.

The hunting trip came three weeks after the court agreed to hear the government's appeal in the Cheney case. Scalia said that he did not remember ever being alone with the vice president and that they never discussed the case.

Supreme Court justices have the power to decide for themselves whether they should be removed from pending cases. Scalia concluded friendship alone did not meet the standard.

The case is Cheney v. U.S. District Court for the District of Columbia (03-0475).