Update
March 17, 2005
Nixon
Library Promises Donation of Spliced Tapes/Files to National Archives
Press
coverage
"Nixon
Library Can't Be Trusted Not to Play With His Words," by David
Greenberg, Los Angeles Times, March 18, 2005
"Director
of Nixon Library Agrees to Make President's Political Tapes Public,"
by Scott Shane, New York Times, March 18, 2005
"Library,
government make deal on Nixon papers," by Amy Taxin and Erica
Perez, The Orange County Register, March 18, 2005
"Nixon
Library Stirs Anger by Canceling Conference," by Scott Shane,
New York Times, March 11, 2005
|
Update
- March 17, 2005
Nixon
Library Promises Donation of Spliced Tapes/Files to National Archives
For
more information contact
Thomas Blanton - 202/994-7000 |
|
March
10, 2005
TO:
Members of the U.S. Senate and U.S. House of Representatives
Committees on Appropriations, Government Affairs, and
Government Reform
We
are writing to request that Congress suspend the proposed
transfer of the Nixon Presidential Materials from their
present location at the National Archives in College
Park, Maryland, to the Nixon Library & Birthplace
in Yorba Linda, California.
The
Nixon Library, working in an unprecedented partnership
with Whittier College, had invited the undersigned to
participate in a scholarly conference scheduled for
April 28 and 29, 2005 on the subject of "Richard
Nixon as Commander-in-Chief: The History of Nixon and
Vietnam." Last week, the Nixon Library abruptly
cancelled the conference, claiming insufficient advance
ticket sales. The excuse rings hollow, coming as it
does eight weeks before the event, and in the wake of
months of attempts by the Library to turn the conference
from a scholarly discussion into a celebrity show.
The
unprofessional behavior of the Nixon Library leadership
calls into question that institution's fitness to join
the Presidential Library system. The Nixon Library evidently
feels free to toss aside, at its own convenience, its
commitments to Whittier College and to the conference
participants. A similarly cavalier attitude toward the
commitments that the Library has made to the National
Archives and to the Congress, in order to gain public
funding for the transfer, would seriously jeopardize
public access to and long-term preservation of invaluable
historical records.
The
Nixon Library is asking the taxpayers to provide $3
million to underwrite the transfer, and millions more
to build a new wing to hold the materials. This amount
is in addition to the $18 million already paid by the
taxpayers to the Nixon estate in compensation for the
Congressional action in 1974 that saved the Nixon tapes
and papers from the destruction contemplated in President
Nixon's original agreement with the General Services
Administration. No other presidential library has received
federal funding to build its facility, which is prohibited
by the Presidential Libraries Act.
President
Bush did not include the $3 million downpayment on the
transfer in his proposed budget, and we applaud that
fiscally responsible decision. Since the Nixon tapes
and presidential files already are in the professional
hands of the National Archives at College Park, there
would be no apparent gain for openness from moving the
materials to California. In fact, the transfer would
inevitably create periods of time when the materials
are in transit and therefore inaccessible. More importantly,
the transfer will absorb thousands of hours of archivists'
time - as well as millions of scarce dollars - that
would be better spent reviewing and opening the files
not yet accessioned. The proposed $3 million transfer
payment is greater than the annual budget of the entire
Nixon Presidential Materials Project today (about $2
million).
The
primary argument in favor of the transfer is that it
might lead to a unitary collection combining the materials
already destined for Yorba Linda from President Nixon's
career before and after the White House, together with
the presidential materials now at College Park. This
would re-unite the sections of the tapes (over 800 hours
from a total of over 3200 hours) and the presidential
papers (more than 50,000 documents) that have been designated
for removal and return to the Nixon estate because of
their personal or political content. The latter are
especially important for scholars to understand the
interaction of policy with politics. However, neither
the 2003 amendments that authorized the transfer, nor
any other communications on the public record, feature
a legally binding commitment by the Nixon estate or
the Nixon Library & Birthplace for such a unified
collection in the control of the National Archives and
governed by public access laws.
We
recommend first, that Congress should suspend any action
to appropriate funds in support of the Nixon Library
transfer. Second, Congress should hold oversight hearings
on the National Archives' arrangements with the Nixon
Library. Third, Congress should enact a statutory requirement
for an independent review board at each of the existing
and future Presidential Libraries, on the model of the
State Department's Historical Advisory Committee, which
works to ensure the accuracy and comprehensiveness of
the Foreign Relations of the United States series.
Sincerely,
Larry
Berman, Professor, University of California,
Davis, and Director of the University of California
Washington Center
Thomas Blanton, Director, National
Security Archive, George Washington University
Carolyn Eisenberg, Professor of History,
Hofstra University
David Farber, Professor of History,
Temple University
David Greenberg, Assistant Professor
of Journalism and Media Studies, Rutgers University,
"History Lesson" Columnist for Slate
Jussi Hanhimaki, Professor of International
History and Politics, Graduate Institute of International
Studies (Geneva)
George C. Herring, Professor of History,
University of Kentucky
Ken Hughes, Miller Center of Public
Affairs, University of Virginia
Jeffrey P. Kimball, Professor of History,
Miami University, Ohio
Stanley Kutler, Professor Emeritus
of History and Law, University of Wisconsin
Fredrik Logevall, Professor of History,
Cornell University
Laura McEnaney, Associate Professor
of History, Whittier College
John Prados, Senior Fellow, National
Security Archive, George Washington University
Thomas A. Schwartz, Professor of History,
Vanderbilt University
Robert D. Schulzinger, Professor of
History and Director, International Affairs Program,
University of Colorado; Editor-in-Chief, Diplomatic
History
Melvin Small, Distinguished Professor
of History, Wayne State University
*
Institutional affiliations are listed for identification
only and do not necessarily represent the endorsement
of the institutions. Responses to this letter may be
made to Nixon Historians, c/o National Security Archive,
George Washington University, 2130 H Street N.W., Suite
701, Washington D.C. 20037, nsarchiv@gwu.edu. |
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Related
Letter: American Library Association to Members of Senate and House
committees on Appropriations, Government Affairs and Government
Reform, March 10, 2005
Response
from John Taylor, Executive Director of the Nixon Foundation, March
10, 2005
[Originally posted on the Nixon
Foundation Web site]
Statement
of Allen Weinstein, Archivist of the United States, March 10, 2005
[Originally
posted on the Nixon
Foundation Web site]
Background
Materials
I.
The Cancelled Conference
Conference
Invitation
Letter:
Susan D. Gotsch (Vice President for Academic Affairs and Dean
of Faculty, Whittier College) and John H. Taylor (Executive Director,
Richard Nixon Library & Birthplace Foundation) to Thomas Blanton
(Executive Director, National Security Archive), January 19, 2005
Letter:
John H. Taylor to Thomas Blanton, informing of cancellation of
conference, March 4, 2005
Related
article: "Scholars Suspect a Political Motive as Nixon Library
Nixes a Conference on Vietnam Era," Karin Fischer, Chronicle
of Higher Education [subscription], March 8, 2005
II.
The Nixon Transfer
Congressional
Record: Letters on intent and objectives of amendment to Presidential
Recordings and Materials Preservation Act of 1974
INTENT AND OBJECTIVES
OF AMENDMENT TO PRESIDENTIAL RECORDINGS AND MATERIALS
PRESERVATION ACT OF 1974 -- (Extensions of Remarks
- December 09, 2003)
[Page: E2526]
---
SPEECH OF
HON. HENRY A. WAXMAN
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
MONDAY, DECEMBER 8, 2003
* Mr. WAXMAN. Mr. Speaker, on behalf of Mr.
DAVIS and myself, I would like to submit
the following letters for the RECORD.
They provide background on the intent and objectives
of the amendment to the Presidential Recordings and
Materials Preservation Act of 1974.
__________________________________________________
Richard Nixon Library
and Birthplace Foundation,
November 21, 2003.
Hon. TOM DAVIS,
Hon. HENRY A. WAXMAN,
Committee on Government Reform,
U.S. House of Representatives, Washington, DC.
DEAR REPRESENTATIVES DAVIS AND WAXMAN:
I would like to express our appreciation for your
efforts to amend the Presidential Recordings and Materials
Act to remove the requirement that the Presidential
records of the Nixon Administration be housed in Washington,
D.C. It has been more than 29 years since President
Nixon left office. Bringing the Nixon Library into
the federal system under the terms of the Presidential
Libraries Act and at this time is clearly in the public
interest.
The public interest is best served by the unfettered
access for historians and the general public to the
records of the Nixon Administration. We agree that
current regulations on public access will continue
to govern public access to these records in the future;
that the records remain the property of the United
States; and that the Archivist will be responsible
for access to the documents at the Nixon Library.
It is our understanding that papers and tapes that
have been processed may be transferred to the Nixon
Presidential Library once an agreement has been reached
between the Nixon Foundation and the Archives, but
that those records that have yet to be processed shall
continue to be reviewed in a timely fashion at College
Park, Maryland. Of course, the ongoing review of records
at College Park should not delay the transfer to California
of records that have already been processed.
The Nixon Foundation is eager to complete discussions
with the Archivist in a timely fashion and looks forward
to that opportunity.
Sincerely,
JOHN H.
TAYLOR.
__________________________________________________
U.S. House of Representatives,
Washington, DC, November 20,
2003.
Hon. J. DENNIS HASTERT,
Speaker of the House of Representatives,
Washington, DC.
DEAR MR. SPEAKER: Congressman Waxman
and I seek to memorialize the amendment to the Presidential
Recordings and Materials Act of 1974 included in the
Transportation and Treasury Appropriations bill. The
measure the Congress is adopting today will make clear
that the Presidential Papers of Richard Nixon are
eligible for transfer to the Nixon Presidential Library.
Under the 1974 Act, it has not been legal to transfer
these papers. The purpose of the provision we are
enacting today is to move forward the process whereby
the Archivist and the directors of the Nixon Library
in Yorba Linda, California, will conclude an agreement
on the terms of this transfer.
The provision enacted today makes clear that any
agreement between the Archivist and the Nixon Library
to bring the Nixon Library into the federal Presidential
library system shall be, as has been the case with
all other Presidential libraries, subject to the terms
of the Presidential Library Act. Those records will
continue to be owned by the United States and administered
by the National Archives. The Archivist will not transfer
any documents to California until he certifies to
Congress that he has determined that there is a suitable
archival facility to house those documents.
Once the Archivist agrees to accept the Nixon Library
into the Presidential Library System and has notified
Congress, employees of the National Archives will
staff the Library, and the Archivist will be responsible
for access to documents at the Library. This measure
makes clear the public interest in unfettered access
for historians and the general public to the records
of the Nixon Presidency.
The National Archives is responsible for reviewing
the recordings and materials from the Nixon Administration.
This is a complicated task of looking at each document
and determining if the release of that document would
invade someone's privacy or endanger national security.
There are concerns that transferring these materials
to California would disrupt the processing of them,
delaying their public release. This bill will not
affect the processing of the records. Papers and tapes
that have been processed may be transferred to the
Nixon Presidential Library once an agreement has been
reached between the Library and NARA. Those records
that have yet to be processed shall continue to be
reviewed in a timely fashion at College Park, MD.
At the same time, that review should not in any way
delay the transfer of processed records to California.
Sincerely,
TOM DAVIS |
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Related
article: "Preparing for a Nixon Library within NARA,"
John W. Carlin, Archivist of the United States, OAH Newsletter
32 (August 2004), Organization of American Historians
Related
article: "Congress Frees Nixon Papers," Ben Pershing,
Roll Call [subscription], January 26, 2004
Related
article: "Nixon Records Revisited," NCH
WASHINGTON UPDATE [National Coalition for History]
(Vol. 9, #44; 14 November 2003) by Bruce Craig (editor)
NIXON
RECORDS REVISITED
For
over 20 years following President Richard Nixon's
resignation, a host of legal battles focused on resolving
controversial issues pertaining to the ownership and
possession Nixon's presidential records. With Nixon's
death in 1994, the government's purchase of the Nixon
collection for $18 million, and the enactment of the
Presidential Records Act in 1974, the former president's
and the government's right to possession of these
collections was deemed settled. Once again though
the ultimate disposition of the government records
emerged this last week as an issue of concern to historians,
archivists, and presidential scholars.
Tucked
away in the conference version of the Transportation/Treasury
appropriations bill that funds the National Archives
and Records Administration (NARA) is a provision focusing
on the Nixon presidential records. The language was
added to the bill with the mutual consent of Republican
and Democratic Congressional negotiators.
Negotiators
agreed to amend a part of the Presidential Recordings
and Materials Act of 1974 (P.L. 93-526) that prevents
the government owned Nixon tapes and papers from leaving
Washington D.C. The language advances the ultimate
goal of consolidating all of Nixon's personal and
presidential papers and related materials at the Richard
Nixon Presidential Library and Birthplace in Yorba
Linda, California. The bill was sponsored by Rep.
Thomas M. Davis (R-VA) and advanced on behalf of the
Nixon library with lobbying assistance provided by
the firm Cassidy & Associates, Nixon daughter
Julie Nixon Eisenhower, and former President Gerald
Ford.
The
inclusion of the language in the conference version
of the Transportation, Treasury, and General Government
appropriations bill is procedurally unusual, though
not unprecedented. Legislative rules and procedures
provide that, ordinarily, only those items raised
in the House or Senate bill that remain unresolved
may be addressed in conference -- the Nixon provision
broke that rule as it was a "new" item for
discussion. It was not mentioned in either the House
or Senate passed versions of the appropriations bill.
Incorporation of the language in the conferenced appropriations
bill means that it will become law without opportunity
for public hearing or a full airing of related issues,
several of which remain unaddressed or unresolved.
As
previously reported ("Private Nixon Library Exploring
NARA Affiliation Options" see NCH WASHINGTON
UPDATE; Vol. 9, #41; 24 October 2003) the Nixon Library
Foundation -- the private organization that currently
owns and operates the library and birthplace -- considers
enactment of this measure an important first step
in long-term initiative to eventually have the library/birthplace
become a full-fledged NARA facility. Should this occur,
the anomaly of President Nixon being the only president
between Herbert Hoover and Bill Clinton to not have
a government-operated presidential library would be
abolished.
NARA
and Nixon library officials claim that the change
in the law was necessary to clear the way for the
Nixon Foundation and NARA officials to begin formal
negotiations that ultimately may lead to the establishment
of a new NARA-operated presidential library. Nixon
library and birthplace director John Taylor has indicated
to the National Coalition for History that scholars
will be included in discussions that are to take place
in the future between NARA and the foundation officials.
It
should be noted that the bill language does not specifically
mandate that the papers be moved to the Nixon library
(though it remains the most likely repository for
the records). It merely empowers the Archivist of
the United States to "transfer such recordings
and materials to a Presidential archival depository
in accordance with section 2112 of title 44, United
States Code." This language insures that in order
to move the government-owned Nixon materials, the
Nixon foundation would have to meet the stringent
requirements that apply for establishing NARA presidential
libraries. For example, the foundation would have
to provide a suitable archival facility to house the
documents (estimated at 35,000 sq. feet) without cost
to taxpayers. Second, once an appropriate facility
is donated, NARA would have a free hand to staff and
operate the archival facility to NARA standards, and
presumably the library/museum as well. According to
director Taylor, should the library be brought into
the NARA system, the foundation would no longer run
or operate the library and birthplace but would turn
the facility over to the government to operate. The
foundation would then focus on the fundraising/support
activities that typically are carried out by non-governmental
presidential foundations that currently support other
presidential libraries.
After
hearing that a bill was being crafted scholars expressed
concern about language involving continued access
to the records. To this end, the measure insures that:
"Nothing in section 103 of the Presidential Recordings
and Materials Preservation Act...as amended by this
subsection may be construed as affecting public access
to the recordings and materials referred to in that
section..."
At
present NARA's Washington D.C.-based Nixon records
project office holds a total of 46 million documents,
of which 37 million have yet to be processed. By best
estimates there are still three to five additional
years of work needed to complete the processing of
the White House tapes. In all likelihood, by the time
the Nixon Library Foundation raises the needed funds
and constructs a facility to house the presidential
materials, the processing of the tapes would be finished.
The processing of other Nixon records would still
be ongoing. |
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