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(FWD) NCC Washington Update, Vol. 7, #24, June 15, 2001



NCC WASHINGTON UPDATE, Vol. 7, #24, June 15, 2001
by Bruce Craig <rbcraig3@juno.com> of  the National Coordinating Committee
for the Promotion of History
*****************

1.   House Appropriation Committee Acts: Flat Funding for Endowments -
Greater Scrutiny Over Smithsonian Programs
2.  OAH Sends Letter to Smithsonian Regents
3.  Senate Passes Copyright Harmonization Act
4.  House Passes National Historic Trail Study Acts
5.  Legislation Introduced: Mississippi Valley NHP
6.  Report: Advisory Committee on the Records of Congress Meeting
7.  News Bits and Bytes: Desegregation Theme Study Released

NOTE TO READERS:  NCC's Server is upgrading its system and as a consequence
this weeks posting may be delayed.  The system upgrade should be complete by
June 17.  bc

1.  HOUSE APPROPRIATIONS COMMITTEE ACTS: FLAT FUNDING FOR ENDOWMENTS -
GREATER SCRUTINY OVER SMITHSONIAN PROGRAMS
On June 13, 2001, the House of Representatives Committee on Appropriations
voted against increasing funding levels for the National Endowment for the
Humanities (NEH) and National Endowment for the Arts (NEA).  In rejecting
efforts by Committee Democrats led by Representative Norm Dicks (D- WA),  the
panel voted to keep both agencies funding at their current levels -  $120.3
million for the NEH and $105 million for the NEA. Funding for the Institute
of Museum and Library Service was pegged at $24.9 million.

Under the leadership of Representative Frank Wolf (D-VA), the Committee also
approved language that would prevent the Smithsonian from closing any
facilities or relocating staff without input from a recently created
blue-ribbon science advisory panel.  The language in the bill reads as
follows: "None of the funds in this or any other Act may be used to make any
changes to the existing Smithsonian science programs including closure or
facilities, relocation of staff or redirection of functions and programs
without approval by the Board of Regents of recommendations received from the
Science Commission."  According to Wolf, "This language will allow scientists
and others in the scientific community to have a voice in what, if any,
programs or facilities at the Smithsonian should be closed or realigned."

According to House Interior Appropriations subcommittee staff,  the language
"science programs" written in the appropriation bill is to be broadly
interpreted to include not just facilities and program functions relating to
natural history scientific research but is also designed to cover the
Smithsonian's Center for Materials Research and Education and other social
science research facilities and programs slotted for cuts as well. According
to the staffer, while the House Committee did not officially hear from
Maryland Senators regarding their views on the Smithsonian recommended
closures, the House wanted the issue raised so that it could be addressed
when the House and Senator conferees meet to iron out differences in their
respective bills, hence the broad language in the House bill.  Individuals
(particularly those who reside in Maryland) who wish to express their views
on whether the Center for Materials Research and Education should be
permanently shut down or not, are urged to contact Senators Paul S. Sarbanes
at (202) 224-4524 (e-mail: senator@sarbanes.senate.gov) and Barbara A.
Mikulski at (202) 224-4654 (e-mail: senator@mikulski.senate.gov).

In "report" language, the Committee also expressed concern over the
agricultural exhibit at the American history museum. The report states that
the exhibit "fails to convey a sufficient appreciation for the contribution
of agriculture to our history and our economy. The Committee urges the
Institution to establish an advisory council composed of the Secretary of
Agriculture, agricultural historians and representatives of agricultural
production, conservation and research and education organizations to review
the exhibit and develop recommendations for how this exhibit could be
improved."

2.  OAH SENDS LETTER TO SMITHSONIAN REGENTS
On June 7, 2001, the Organization of American Historians sent a letter to the
Smithsonian Board of Regents stating its "full support" for the staff of the
National Museum of American History in their efforts to uphold exhibit
standards. The letter also requested "respectfully [that] the Regents review
and reconsider their recent agreement with Catherine B. Reynolds respecting
the establishment of a Hall of Fame for American Achievers."  According to
sources inside the Smithsonian, efforts are currently underway to create a
separate "points of agreement" document necessary for implementing aspects of
the Reynolds gift agreement.

On June 12, under the signature of James Bruns (the Smithsonian Director of
Operations), with copies being distributed throughout the historical
community and to various members of Congress, the Smithsonian responded to
the OAH letter. Bruns stated that in its letter the OAH relied on one-sided
opinions and "distorted media accounts."  "The visionary changes that the
Institution's new Secretary has presented may indeed be unsettling to some
staff" stated Bruns, and that staff is engaging in "a campaign of
manipulation of facts and selective leaks to the press to delay or reverse
such progress."

The letter, for the first time, put in writing assurances that the
"professional staff members on the achievement exhibition team will control
all aspects of the exhibitions content and presentation...that the control of
the content for this exhibit will reside with the staff" and that the
exhibitions standards adopted by the OAH and other groups, "will be among the
guidelines that are used by staff in the creation of an accurate professional
exhibition."

3.  SENATE PASSES COPYRIGHT HARMONIZATION ACT
By voice vote on June 8, 2002, the United States Senate passed legislation
(S.487) the Technology, Education and Copyright Harmonization Act of 2001.
The objective of the bill (along with its House companion legislation - H.R.
2100 introduced by Representative Rick Boucher (D-VA)) is to make it easier
to use copyrighted material in online instruction. The bill incorporates the
recommendations made by the United States Copyright Office in a 1999 report
and suggestions advanced by the Congressional Web-based Education Commission.
If approved by the House and signed by the President, the legislation would
extend for classroom use "dramatic literary and musical works" - such as
movie clips and popular songs to nonprofit distance-education courses.

Under current law, copyrighted material used under "fair use" provisions in a
classroom often cannot be used in an online course and securing copyright
permission can be a lengthy and at times expensive process. The legislation
is designed to correct this. Presently, distance educators can only make fair
use of complete versions of non-dramatic literary and musical works.  This
legislation seeks to enable educators to use limited portions of dramatic
literary and musical works as well as audiovisual works and sound recordings.
The legislation relies on safeguards (such as passwords) to ensure that only
students have access to the copyrighted material.

On March 13, 2001, the Senate Judiciary Committee held a hearing on the
legislation  introduced March 7 by Orrin Hatch (R-UT), Chairman of the
Committee and co-sponsored by the Committee's then Ranking Democrat, Patrick
Leahy (D-VT). With the Democrats now in control of the Senate, the Vermont
Senator now sits as Chairman of the Committee.  Testifying in support of the
measure were representatives of educational institutions that provide
distance education for students worldwide. The Association of American
Publishers testified in opposition to the bill, but the Association's
objections were addressed when the bill's language was narrowed to protect
the copyright holders while allowing nonprofit colleges and universities use
the works for academic purposes.

4.  HOUSE PASSES NATIONAL HISTORIC TRAILS STUDY ACTS
On June 6, 2001, the House of Representatives passed legislation (H.R. 37)
introduced January 3, 2001, by Representative Doug Bereuter (R-NE)
authorizing updates for four feasibility/suitability studies of existing
National Historic Trails.  The specific routes slotted for study were either
not known or considered at the time of the original feasibility studies
prepared in the 1970s. Components of the trails deserving of further study
include portions of the Oregon National Historic Trail NHT), the Pony Express
NHT, the Mormon Pioneer NHT, and the California NHT.  No condemnation of
private lands or federal leases are contemplated in order to add lands to
these routes. The bill now goes to the Senate where it has been referred to
the Committee on Energy and Natural Resources for action.

5.  LEGISLATION INTRODUCED: MISSISSIPPI VALLEY NATIONAL HISTORICAL PARK
Representative Marion Berry (D-AR) has introduced legislation to preserve and
protect archeological sites and historical resources of the central
Mississippi Valley through the creation of a new historical park The
centerpiece of the proposed unit would be resources (14 Native American
archeological sites) associated with the former Eaker Air Force Base in
Blytheville, Arkansas which was closed pursuant to the Defense Base Closure
and Realignment Act of 1990. These sites were recognized as National
Historical Landmarks in 1996. Other archeological sites including the
Chickasawba Mound (a site listed on the National Register of Historic Places
since 1984) that are located in the surrounding vicinity are also included in
the 570 acre boundary. The legislation has been jointly referred to the House
Committee on Resources (Subcommittee on National Parks, Recreation and Public
Lands) and the Committee on Armed Services.

6.  REPORT: ADVISORY COMMITTEE ON THE RECORDS OF CONGRESS
On June 11, 2001, the 21st meeting of the Advisory Committee on the Records
of Congress took place at the Library of Congress in Washington D.C.
Presiding was the Committee's new Chair, Jeff Trandahl, the Clerk of the
House. Following introductory remarks, a new member, Civil War historian and
archivist Michael B. Ballard, was welcomed. Minutes of the December 4, 2000,
meeting were approved.T

The Advisory Committee was established under the authority of P.L.101-509
(November 5, 1990) to review the management and preservation of records of
Congress and to "report to and advise the Congress and the Archivist of the
United States on such management and preservation." To this end, the central
topic of the meeting was a review of the final version of the Third Report of
the Committee; copies of the report were available for distribution.

Karen D. Paul, the NARA staff member who compiled the report on behalf of the
Committee summarized some of the highlights of the Third Report. After
itemizing some of the past accomplishments, the presentation focused on the
current progress relating to the preservation of members personal papers. She
described how the Report addresses efforts to strengthen records management
procedures within Congressional offices and describes the efforts underway to
establish intellectual controls over records.  The Report also discusses
electronic records preservation issues and the continued development of data
exchange standards to promote research access to documents within the
legislative branch. Ms. Paul also announced that a "Congressional Papers
Roundtable Forum" will be conducted at the Society of American Archivists
meeting, August 29, 2001, in Washington D.C. from 1:30 to 5:30 pm.  The Third
Report may be accessed online at:
http://www.senate.gov/learning/acrc_report.html

Research Systems Analyst Robert B. Chadduck made a brief presentation on the
progress made on a NARA electronic records  demonstration project that
focuses on the Senate Legislative Activities collection. Archivist John
Carlin stated that full implementation of the NARA electronic records project
may take five to ten years. Michael Gillette of the Center for Legislative
Archives focused his comments on several challenges confronting the archives
and discussed possible alternatives to address them. He stated that personnel
transitions, storage space concerns, electronic records, and outreach efforts
all presented challenges. During the presentation, Gillette stated that given
current space projections, the Center would run out of storage space in about
two years; several alternatives are being considered to address this issue.

During the meeting, few questions or comments were raised by members of the
Committee. There was , however, a brief discussion focusing on Senator
Lieberman's legislation, the E-Government Act of 2001 (S. 803) - Mr. Carlin
stated that NARA would comment on the legislation at the appropriate time.

7.  BITS AND BYTES:
Item #1- Theme Study Released: The National Park Service has completed a
"Racial Desegregation in Public Education in the United States" theme study.
Since the completion of the study the Secretary of the Interior has
designated three properties as National Historic Landmarks. The study can be
found on the web at http://www.cr.nps.gov/nhl/themes.html
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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