January 17, 2024

To:                  NCH Board of Directors

From:             Lee White, Executive Director

Subject:          2023 Year in Review

This has been one of the least productive years on Capitol Hill in decades. The New York Times recently reported that the House only passed 27 bills in 2023, which includes a handful of continuing resolutions. As a result, none of our legislative priorities, such as K-12 history and civics bills and funding bills for the National Archives and other federal agencies have seen action.

  1. Federal Budget:

A breakdown of the fiscal year (FY) 2023 federal budget for history, archives, education, and preservation agencies and programs can be found by clicking on these links, including charts showing funding for FY 23 and a three-year historical comparison.

A detailed status update on the FY 24 federal budget can be found at the end of this report. As this is written, Senate Majority Leader Chuck Schumer and Speaker of the House Mike Johnson are scrambling to craft yet another continuing resolution (CR) to keep the government operating into early-March. However, as we have seen over the past years, getting conservative Republicans in the House to agree to a budget without severe cuts in non-defense domestic programs has been challenging for former-Speaker McCarthy and Speaker Johnson.

  1. National Archives and Records Administration (NARA):

Under the Biden administration’s proposed FY 24 request, NARA would receive a $15.7 million increase in funding for its operating expenses budget, up to a level of $443.5 million. In March, NCH submitted testimony to the Senate Appropriations Committee supporting the Biden administration’s proposed increase in NARA’s budget for FY 24.

On May 17, 2023, Dr. Colleen Joy Shogan was sworn in as the 11th Archivist of the United States. Dr. Shogan is the first political scientist and first woman to serve in the position in a non-acting capacity. After she was nominated by the White House, NCH issued a statement in support of her nomination. At the request of the Senate Homeland Security and Governmental Affairs Committee (HSGAC), NCH submitted questions to be asked of the nominee at her confirmation hearing. NCH also sent letters to HSGAC members endorsing Dr. Shogan’s confirmation. NCH twice issued legislative alerts to our member organizations urging them to send messages of support to the Senate.

Classification and Declassification: The furor over former-President Trump’s mishandling of classified documents has drawn more attention to NARA than perhaps at any time in its existence. Coupled with the subsequent discoveries of classified materials at the homes and offices of then-Vice President Biden and former-Vice President Mike Pence only heightened awareness of the flaws in the ways classified materials are managed and accounted for. NCH endorsed a statement on declassification reforms prepared by the Society for Historians of American Foreign Relations (SHAFR). NCH sent the statement to the Senate Homeland Security and Governmental Affairs Committee, the White House Chief of Staff, and the President’s National Security Advisor.

NCH Working Group on NARA Issues: In 2023, the NCH Board of Directors created a working group to address the numerous policy areas where the interests of our members intersect with NARA and the National Historical Publications and Records Commission (NHPRC). In November, the report was submitted to the NCH executive committee for review. It recommends budget priorities and identifies areas for improvement in NARA operations and procedures. The NARA Working Group report is being sent back to the writing committee to respond to questions and concerns raised by the executive committee and board members.

  1. K-12 History and Civics Education

Unfortunately, the “Civics Secures Democracy Act (CSDA)”  was not reintroduced in 2023. In 2021, bi-partisan legislation was introduced that would authorize a $5 billion investment by the federal government in K-12 US history and civics education over the next five years ($1 billion per-fiscal year). For a variety of reasons, the bills languished in both the House and Senate. Most vexing was identifying a budget “offset” to pay for them and dispelling allegations the money would be used to fund the teaching of “divisive concepts” in schools.

The House version of the FY 24 Labor, Health and Education appropriations bill would zero out $20 million in funding for the existing American History and Civics competitive grants programs at the US Department of Education. In report language accompanying the bill the Republican majority stated, “The Committee is concerned that the Department is using these grants to push divisive ideology onto school children, such as the widely discredited 1619 project.” This, of course, is not accurate and has been denied repeatedly by the Secretary of Education. The bill was pulled from the House floor due to lack of support from Republican members related to other issues. We expect the grants will be funded in the final FY 24 budget since the Senate version of the bill includes funding at the $20 million level.

  1. Divisive Concepts

“Divisive concepts” controversies still plague K-12 classrooms around the nation and legislation has proliferated in numerous state legislatures. Increasingly the focus has shifted, and restrictions are now being aimed at colleges and universities, especially state-run institutions.

NCH opposes the passage of “divisive concepts” legislation by state legislatures. Such bills are designed to limit discussion about racism, sexism, and discrimination in the classroom and/or the workplace. They endanger the academic freedom essential to all classrooms, especially those where history is the focus of discussion and debate.

NCH has created a clearinghouse on our website to provide background information and arguments prepared by organizations at the forefront of the battle against these attacks on history education. We are constantly monitoring the situation and updating the clearinghouse as we find information that is useful to our members. NCH has been publicizing and keeping our membership abreast of AHA’s numerous statements on the subject.

NCH belongs to the Learn from History Coalition. It is a coalition of parents, educators, and other concerned Americans who are working together to combat “divisive concepts” bills and to ensure that all children can learn accurate, thorough, and fact-based history in our schools. NCH is also a member of a coalition formed by PEN America, to share information, coordinate advocacy and monitor developments across the country.

  1. Civil Rights Cold Case Review Board

The “Civil Rights Cold Case Investigations Support Act of 2022” (Public Law 117-222) was signed into law by President Biden in December 2022. Because President Trump never appointed any members, passage of the law was necessary to extend the term of the Civil Rights Cold Case Review Board from four to seven years with the option to extend for an additional year, potentially extending the Review Board’s authority to January 8, 2027. In January 2019, President Trump signed into law the “Civil Rights Cold Case Records Collection Act of 2018” (Public Law 115-426). It authorized the National Archives and Records Administration to create a collection of unsolved civil rights case files. In addition, the law established a Civil Rights Cold Case Review Board to determine which records can be released. In February 2022, President Biden appointed, and the Senate confirmed, four of the five members of the board. They are Emory University archivist Gabrielle Dudley, Pulitzer Prize-winning journalist Henry Klibanoff, civil rights lawyer Margaret Burnham, and UCLA Professor of History and Professor of African American Studies Dr. Brenda Stevenson.  NCH facilitated submission of the nominees from the AHA, the Organization of American Historians and the Society of American Archivists to the White House Office of Personnel. We have learned that the Biden administration does not intend to fill the fifth slot that was authorized under the law. The board has finally begun its work reviewing cases. An executive director and an attorney with experience litigating Freedom of Information Act (FOIA) claims have been hired. The board will be adding a communications director and 4-5 researchers to its staff soon.

  1. NCH’s Involvement in Planning for the Nation’s 250th Anniversary Celebration

The U.S. Semiquincentennial Commission has intensified its planning to commemorate the nation’s 250th anniversary in 2026. NCH is a member of the USA 250 steering committee convened by the American Association for State and Local History (AASLH) that is providing advice to the commission. The FY 23 and proposed FY 24 federal budgets include $15 million to fund the activities of the commission.

  1. Fiscal Year 2024 Federal Budget

In November, Congress passed, and President Biden signed into law, a continuing resolution (CR) to keep the federal government operating into early-2024. House Speaker Mike Johnson (R-LA) was able to push through the legislation despite opposition from a large group of far-right Republicans.

Under the two-tiered plan, agencies covered by the Agriculture, Energy-Water, Military Construction-VA, and Transportation-HUD bills had their funding extended to Jan. 19. The departments and agencies covered by the eight other appropriations bills had funding extended to Feb. 2. Please note that the bills that fund programs of interest to the history, archival, and education communities are included in the second tranche of bills.

The logic was that by pushing the deadline back into the new year, it would give the House and Senate the opportunity to pass the twelve spending bills individually and avoid a situation where all appropriations bills are lumped into a single omnibus spending package as in recent years. Congress left for the holidays without taking any further action on appropriations bills, leaving only a few weeks in January to craft a FY 24 budget which Congress has not been able to do.

As this is being written, the budget process remains in a state of flux. A new CR has been proposed by Senate Majority Leader Chuck Schumer (D-NY) and Speaker Johnson that would extend the expiration deadlines for the appropriations bills listed above to March 1 and March 8, respectively. Given the contentiousness we have seen throughout 2023 and the razor thin Republican majority in the House, there remains a real possibility of a government shutdown.

The Senate Appropriations Committee has already completed action on all twelve appropriations bills that will fund the federal government for FY 24. The House has passed seven of its FY 24 funding bills, with the notable exception of the Labor, HHS and Education bill. In November, that bill was brought to the House floor, but pulled after it was apparent the Republicans lacked the votes to pass it.

During floor consideration in the House of the Interior, Environment and Related Agencies bill (HR 4821) an amendment was offered to eliminate funding for the National Endowment for the Humanities. NCH sent out a legislative alert in conjunction with the National Humanities Alliance opposing the cuts. The amendment was overwhelmingly defeated 132-292.

Generally the Senate bills include flat funding for FY 24. This reflects the caps on non-defense discretionary spending for the next two fiscal years that were agreed to as part of the budget deal passed last year to raise the debt ceiling. However, Republican leadership in the House has, in some cases, cut FY 24 spending below the amounts agreed to in the budget agreement. As a result, most of the funding levels for programs that affect history, archives, humanities, and education are higher in the Senate bills than the House versions.

A chart showing the House and Senate numbers in comparison to the Biden administration’s FY 24 request and FY 23 funding levels can be accessed by clicking this link.

Here are the highlights from the FY 24 Senate and House appropriations bills:

National Archives and Records Administration (NARA)

OPERATING EXPENSES

  • FY 23—$427.52 million
  • Biden administration request FY 24—$443.2 million
  • House Appropriations FY 24—$427.25 million (-$270,00 from FY 23)
  • Senate Appropriations FY 24—$430.5 million (+$3 million from FY 23)

National Historical Publications and Records Commission (NHPRC)

  • FY 23—$12 million (grants)
  • FY 23 Congressionally Directed Spending—$23.7 million
  • FY 23 NHPRC total—$35.7 million
  • Biden administration FY 24 request grants—$10 million
  • House Appropriations FY 24 grants—$10 million (-$2 million from FY 23)

Note: The House bill does not include any Congressionally Directed Spending projects.

  • Senate Appropriations FY 24 grants—$10 million (-$2 million from FY 23)
  • Senate Appropriations FY 24 Congressionally Directed Spending—$38.4 million
  • Senate Appropriations FY 24 NHPRC total—$48.4 million (+$12.7 million)

National Endowment for the Humanities (NEH) 

  • FY 23—$207 million
  • Biden administration request FY 24—$211 million
  • House (passed) FY 24—$186.3 million (-$20.7 million from FY 23)
  • Senate Appropriations FY 24—$207 million (no change from FY 23)

US Department of Education

US History and Civics Education Programs

  • FY 23—$23 million
  • Biden administration request FY 24—$73 million (+$50 million from FY 23)
  • House Appropriations FY 24—$3 million (minus $20 million from eliminating American History and Civics Competitive Grants)
  • Senate Appropriations FY 24—$23 million (no change from FY 23)

Title VI/Fulbright Hays International Education Programs

Total:

  • FY 23—$85.6 million
  • Biden administration request FY 24—$85.6 million
  • House Appropriations FY 24—$35 million (-$50.6 million from FY 23)
  • Senate Appropriations FY 24—$85.6 million (no change from FY 23)

Title VI (Domestic)

  • FY 23—$75.3 million
  • Biden administration request FY 24—$75.3 million
  • House Appropriations FY 24—$35 million (-$40.3 million from FY 23)
  • Senate Appropriations FY 24—$75.3 million (no change from FY 23)

Fulbright-Hays (Overseas)

  • FY 23—$10.3 million
  • Biden administration request FY 24—$10.3 million
  • House Appropriations FY 24—(zeroed out)
  • Senate Appropriations FY 24—$10.3 million (no change from FY 23)

Smithsonian Institution

  • FY 23—$1.145 billion
  • Biden administration request FY 24—$1.241 billion
  • House (passed) FY 24—$960 million (-$184 million from FY 23)
  • Senate Appropriations FY 24—$1.095 billion (-$50 million from FY 23)

Institute of Museum and Library Services (IMLS)

  • FY 23—$294.8 million
  • Biden administration request FY 24—$294.8 million
  • House Appropriations FY 24—$294.8 million (no change from FY 23)
  • Senate Appropriations FY 24—$289.8 million (-$5 million from FY 23)

Library of Congress

  • FY 23—$828.5 million
  • Biden administration request FY 24—$832.1 million
  • House (passed) FY 24—$843.7 million (+$15.2 million from FY 23)
  • Senate Appropriations FY 24—$855.8 million (+$30.3 million from FY 23)

National Park Service

Historic Preservation Fund

  • FY 23—$204.5 million
  • Biden administration request FY 24—$178 million
  • House (passed) FY 24—$175.4 (-$29.1 million from FY 23)
  • Senate Appropriations FY 24—$195.1 million (-$9.4 million from FY 23)

National Recreation and Preservation Fund

  • FY 23—$92.5 million
  • Biden administration request FY 24—$95 million
  • House (passed) FY 24—$80 million (-$12.5 million from FY 23)
  • Senate Appropriations FY 24—$93.4 million (+$900,000 from FY 23)

Heritage Partnership Program

  • FY 23—$29.2 million
  • Biden administration request FY 24—$29 million
  • House (passed) FY 24—$30.3 million (+$1.1 million from FY 23)
  • Senate Appropriations FY 24—$30.8 million (+$1.6 million from FY 23)

Save America’s Treasures Program

  • FY 23—$26.5 million
  • Biden administration request FY 24—$20 million
  • House (passed) FY 24—$26.5 million (no change from FY 23)
  • Senate Appropriations FY 24—$26.5 million (no change from FY 23)

American Battlefield Protection Program

  • FY 23—$20 million
  • Biden administration request FY 24—$20 million
  • House (passed) FY 24—$20 million (no change from FY 23)
  • Senate Appropriations FY 24—$20 million (no change from FY 23)

US Semiquincentennial Commission

  • FY 23—$15 million
  • Biden administration request FY 24—$30 million
  • House (passed) FY 24—$15 million (no change from FY 23)
  • Senate Appropriations FY 24—$15 million (no change from FY 23)

Woodrow Wilson International Center for Scholars

  • FY 23—$15 million
  • Biden administration request FY 24—$16 million
  • House (passed) FY 24—$12 million (-$4 million from FY 23)

Senate Appropriations