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(FWD) NCC Washington Update, Vol 6, #36, October 20, 2000



NCC WASHINGTON UPDATE, Vol. 6, #36, October 20, 2000
by Bruce Craig <rbcraig3@juno.com> of the National Coordinating Committee for
the Promotion of History

1.  Appropriation Update: President to Sign National Archives and Library of
Congress/GPO Appropriation Bills
2.  Status Report: Labor, H&HS, Education Appropriation Bill
3.  "Peopling" Theme Study Passes Senate
4.  Copyright Extension Stifles Creativity Says Lawyer
5.  News Bits and Bytes: New NARA Reproduction Fee Schedule Published;
Battlefield Grants Available; NEH Traveling Exhibit

1.   APPROPRIATION UPDATE: PRESIDENT TO SIGN NATIONAL ARCHIVES AND LIBRARY OF
CONGRESS/GPO APPROPRIATION BILLS
President Clinton is expected to sign into law the $30.3 billion combined
Treasury Department/Postal Service and Legislative Branch Appropriations Act
(H.R. 4871; S. 2900 later H.R. 4985; H. Rept. 106-796).  This legislation -
which provides funding for various agencies including the National Archives
and Records Administration -  passed the Senate on October 11 by a vote of
58-37 and passed the House of Representatives on September 14 by a vote of
219 to 212.   National Archives officials appear pleased that the legislation.

The measure provides sufficient funding to cover all the National Archives
fixed costs, funding to transfer President Clinton's papers to the Clinton
Library in Little Rock Arkansas, money to accelerate the processing of
veterans records, and some start-up monies for the electronic records
project.  Most importantly, the legislation includes the $88 million needed
for the Archives I renovation which was a part of both the President's budget
proposal and the Senate version of the bill.  According to the conference
report adopted by both Houses, there is full funding of the President's
request of $209.392 million for National Archives "operations" and base level
funding of $4.950 million for "repairs and restoration."  The NHPRC is funded
for the full amount of the President's request - $6 million.

In addition to the NARA funds provided in the Treasury Department
appropriation, $6.6 million has been set aside in the Department of
Transportation bill (H.R. 4475/S.2720) to fund emergency repairs and
restoration at the John F. Kennedy Presidential Library in Boston.  The funds
are needed to attend to a severe leak in the plaza that threatens the
Library's storage area.

The President is also expected to sign into law the $2.5 billion Legislative
Branch Appropriations Act (H.R. 4516 and S. 2603) that provides funding for
the Library of Congress, the Government Printing Office, the Superintendent
of Documents, and the Federal Depository Library Program.  This legislation
netted the Library a total budget of $448.5 million which represents a $21
million increase from the FY 2000 budget; it is well above the original House
and Senate recommendations.  Of singular importance to the
historical/archival community is the funding provided for the Digital Futures
Project which was approved for $7.890 million - the House recommended level
plus an additional $300,000 for "technology" that was recommended in the
Senate version.

Under Title II of the Act, Congress approved $27.954 million (a 6% reduction
over FY-2000 levels) for expenses related to the GPO/Superintendent of
Documents. This appropriation covers cost of distributing government
publications to Federal Depository Libraries and other institutions.
Conferees directed the agency:  to "streamline the distribution of
traditional paper copies of publications which may include providing online
access and less expensive electronic formats." According to GPO's press
release detailing the reductions: "GPO has already initiated actions to
accelerate the ongoing transition of the Federal Depository Library Program
to a more electronic basis."

Finally, the appropriation bill includes language directing the GAO to make
"an assessment of the feasibility of the transfer of the Federal Depository
Library Program to the Library of Congress" and to study  "the impact of
providing documents to the public solely in electronic format." The study is
currently underway and should be completed by March, 2001.

2.  STATUS REPORT: LABOR, HEALTH ANDS HUMAN SERVICES, AND EDUCATION
APPROPRIATION BILL
The Labor, Health and Human Services and Education bill (H.R. 4577 and S.
2553) includes funding for education and library programs funded through the
Institute of Museum and Library Services and this year it hopefully provides
funding for a pleasant amendment -  Senator Robert Byrd's (D-WV) earmark of
$50 million for the Secretary of Education "to award grants to develop,
implement and strengthen programs to teach American history (not social
studies) as a separate subject within school curricula."

At this writing, Congressional and White House negotiators continue to try to
iron out sticky policy issues related to the massive $108.5 billion plus
appropriations bill.  Controversy focuses on differences over spending
especially for new school construction and the hiring of more teachers to
reduce class sizes; Democrats want to allocate an additional $6 billion for
their priorities.  Several Republican leaders have stated they are prepared
to challenge President Clinton to sign or veto the GOP crafted bill rather
than make further concessions.  Clinton is seeking an additional $3.1 billion
to fund the school renovation and new teacher initiatives; the GOP
strategists insist that the funds be rolled into a block grant for the states.

In an effort to resolve the differences, on October 16, Senate Appropriations
Committee Chairman Ted Stevens (R-Alaska) hosted a luncheon for senior
appropriations staff;  Hill sources report that while everyone commented that
the Alaskan salmon was scrumptious, there were no breakthroughs or agreements
on legislative matters. Floor action on the bill has been postponed until
next week.  The conference report, that reportedly contains language
earmarking $50 million for "history education" has yet to be formally
released and consequently it is unclear what Congress has decided to do with
respect to the amendment.

3.  "PEOPLING" THEME STUDY PASSES SENATE
On October 5 the Senate passed S. 2478, "The Peopling of America Theme Study
Act," legislation directing the National Park Service (NPS) to conduct a
theme study to identify, interpret, and preserve sites relating to the
migration, immigration and settling of America.  Senator Daniel Akaka (D-HI),
for himself and Senator Bob Graham (D-FL) introduced the legislation on April
27.  The Senate Energy and Natural Resources Committee conducted a hearing on
May 11.  The Senate passed measure has been referred to the House Committee
on Resources.

In addition to the Senate passed measure, on September 23, Congressman Mark
Souder (R-IN) introduced companion legislation in the House of
Representatives.  A hearing on Souder's bill (or the Senate passed measure)
has not been scheduled in the House. Therefore, enactment of this legislation
this Congressional session is dependent on Senator Akaka's and Congressman
Souder's ability to see this legislation attached to some other pending bill.

Akaka introduced the legislation noting that "All Americans were originally
travelers from other lands.  Whether we came to this country as native
peoples, English colonists or African slaves, or as Mexican ranchers, or
Chinese merchants, the process by which our nation was peopled transformed us
from strangers from different shores into neighbors unified in our inimitable
diversity -- Americans all."  It is Akaka's hope that the study which will
focus on immigration, migration and settlement of the United States will
serve as a springboard for the preservation and interpretation of several
significant properties.  The National Park Service, supports the
study and the enactment of the legislation.

In preparing the theme study, the legislation calls on the NPS to establish
linkages with "organizations, societies and cultures" and to enter into a
cooperative agreements with a educational institutions, professional or local
historical organizations or other entities.  These entities would assist the
NPS to prepare the theme study in accordance with generally accepted
scholarly standards.

3.   COPYRIGHT EXTENSION STIFLES CREATIVITY SAYS LAWYER
Copyrights are granted to encourage creativity while ensuring that creators
receive a reasonable return. Recent law (1998) extends extended the life of
copyright protection for original works created on or after January 1, 1978
by 20 years, to the life of the author plus 70 years.  For works created for
hire or owned by corporations the copyright was extended from 75 years to 95
years.  But last year, a group of Harvard professors asked the United States
District Court in Washington D.C. to declare the copyright extension bill
unconstitutional.  While the case - Eldred v. Reno - was dismissed in October
1999, it is being appealed.  On October 5, Lawrence Lessig, a Stanford
University Professor of Law who represents the plaintiffs in the appeal,
argued in the U.S. Court of Appeals for the District of Columbia Circuit that
the case has merit and deserves judicial review.

Lessig argued that copyright law should "promote the progress of science and
useful arts" and that the extension of copyright violates guarantees of free
speech by reprivatizing works that otherwise would have become public
property. Specifically, Lessig argued that the law serves to "reward and
protect monopolies" such as Time-Warner and Disney Corporation whose
creations and images (such as Mickey Mouse and Donald Duck), because of the
copyright extension  remain protected thus preventing some of the most
lucrative cartoon characters from becoming public property.  The government
argued that the extension protects creativity by making the payoff to
creators more valuable. A decision by the court on the appeal is expected
within a few months.

5.   NEWS BITS AND BYTES:
Item #1: NARA FEES - The National Archives and Records Administration (NARA)
has published its final rule regarding a revised reproduction fee schedule.
In preparing the final rule, NARA considered 285 comments from the public
including historians and genealogists. Almost universally, the comments
expressed opposition to the proposed changes. As a result of these comments,
NARA elected to remove the fee for diazo microfiche reproductions; however,
fixed fees for self-service copying at NARA facilities will increase by 5
cents.  Others fees will also be raised to help recover direct and indirect
costs including costs of staff oversight, overhead, and other reproduction
associated expenses. The seven-page schedule may be found in the October 13,
2000 Federal Register (beginning on page 60862). Information on the fee
schedule is also published on NARA's web site:
<http://www.nara.gov/nara/newfees.html>

Item #2: NPS GRANTS - The National Park Service's American Battlefield
Protection Program (ABPP) invites applications from governmental, private,
and other entities for seed money to protect battlefields and sites
associated with battlefields located on American soil. Project types include
site identification and documentation projects, planning, land management,
interpretation and education related projects. Deadline for applications is
January 12, 2001.  For more information and an application form, contact the
ABPP at (202) 343-1210 or (202) 343-3580.

Item #3: NEH EXHIBIT - The National Endowment for the Humanities traveling
exhibit "Hail to the Chief: Presidents, Power and politics" is available for
display at schools, libraries, colleges and universities and other community
places. The exhibit, which is free except for shipping costs, consists of a
series of interpretive panels including images, quotations, and descriptions
covering ten Presidents.  To find out how to book the exhibit, call the NEH
Public Affairs Office at (202) 606-8446.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

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