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(FWD) NCC WASHINGTON UPDATE, Vol. 7, #30, July 20, 2001



NCC WASHINGTON UPDATE, Vol. 7, #30, July 20, 2001
by Bruce Craig <rbcraig3@juno.com> of  the National Coordinating Committee
for the Promotion of History
*****************

1.  House Appropriations Committee Acts on National Archives/NHPRC Budget For
FY 2002
2.  General Motors/Smithsonian Negotiate $10 Million Donation
3.  Smithsonian Scientific Advisory Panel Appointed
4.  E-Book Suit Update
5.  Hearing Conducted on E-Government Act Proposal
6.  News Bits and Bytes: IMLS Director Confirmed; NARA Awards Contract; NARA
Seeks Comments on Proposed Rule; First E-book Registrations


1.  HOUSE APPROPRIATIONS COMMITTEE ACTS ON NATIONAL ARCHIVES/NHPRC BUDGET FOR
FY 2002
The House of Representatives Committee on Appropriations approved a $17
billion Treasury, Postal Service and General Government spending bill. The
total is $1.1 billion above the FY 2001 enacted levels (some $340 million
above the President's FY 2002 request) and in summary, represents an increase
of 6.4%. The full Committee embraced recommendations for the funding of the
National Archives made by the House Treasury, Postal Service and General
Government Appropriations Subcommittee on July 11, 2001 (See NCC WASHINGTON
UPDATE, Vol. 7, #29, July 12, 2001).

As passed by the full Committee, the spending bill provides $257,578 million
for the National Archives.  This includes $243,547 million for operating
expenses, $10,643 million for repairs and restoration, and $10 million for
the National Historical Publications and Records Commission (NHPRC).

While this is the first time the Committee has provided "full funding" to the
authorized level for the NHPRC, several huge directed grants earmark some
$2.7 million or about 20% of the NHPRC appropriation. One special grant of
$1.7 million (some 28 times the typical NHPRC grant) is for an Oklahoma based
project championed by Subcommittee Chairman, Rep Ernest Istook (R-OK); the
bill language states the funds shall be in the form of a grant to the
Oklahoma Centennial Commission "to assist with memorializing the Oklahoma
land run as part of the Oklahoma Centennial celebration."  The other grant is
for a Massachusetts project advanced by Michael E. Capuano (D-MASS), "a
million dollars for a grant to the Boston Public Library for preserving and
enhancing its holdings of materials related to John Adams."

Inside sources state that historian David McCullough, author of the
best-selling biography "John Adams," was responsible for bringing the needs
of the Adams collection at the Boston Public Library to the attention of
Congress.   In addition to the support of  Rep. Capuano, the Adams project
has the support of both Massachusetts senators, Edward Kennedy (D-MASS) and
John Kerry (D-MASS).  According to NARA insiders, there is little chance to
zero out the directed grants but there is a chance that the size of the
directed grants may be reduced when the NHPRC budget is considered by the
Senate.

Some of the appropriation line-item highlights for the National Archives
include: $1 million for web development and enhancement; $55.1 million (full
funding at the President's request level) for the Presidential libraries; and
$450,000 for the processing of the Freedman's records.  There also is an
increase of $19 million (for a total of $22.3 million) for the electronic
records archives initiative.

2.  GENERAL MOTORS/SMITHSONIAN NEGOTIATE $10 MILLION DONATION
The Smithsonian Institution's National Museum of American History is in
negotiation with General Motors Corporation (GM) for a $10 million gift
toward $20 million needed to expedite the preparation of an exhibition called
"America On the Move."  The 20,000 square foot transportation hall currently
tells the story of the development of travel in the United States and it has
not been refurbished since the museum opened in 1964.

In exchange for the donation, the exhibit hall would be named the "General
Motors Hall of Transportation" for a period of thirty years, thus
guaranteeing GM some lucrative visibility.  Assuming negotiations conclude
with an agreement and that agreement is formally approved by the Smithsonian
Board of Regents during their September meeting, this will be the first
instance of  naming of an exhibit hall for a corporation inside the National
Museum of American History.  According to informed sources, the naming
opportunity was presented to the Regents in a meeting last month and was
approved "in principle."

Naming exhibitions in public display and public service areas to recognize a
sponsor is not a ground-breaking development for the Smithsonian - the
National Zoo's "Fuji Film Giant Panda Conservation Center" and the "Discovery
Center" (named for the sponsor, Discovery Communications) are but two
examples.  Also, back in 1992, when the Smithsonian Museum of Natural History
renovated its insect zoo, the rehab was, in part, made possible through a
$500,000 donation from the Orkin Pest Control Company.  In that instance, the
company followed Smithsonian policies for naming opportunities in which
donor's are "encouraged" to place the name of an individual - not that of a
corporation - on an exhibit.  Eventually, the renovated exhibit was renamed
the "O. Orkin Insect Zoo" thereby recognizing the company's founder.
According to sources inside the Smithsonian, at this stage, GM wants to
attach its corporate name on the "America On the Move" exhibit.

Smithsonian officials have stated that with the exception of the naming of
the hall, GM officials are not asking for anything in return for their money.
 "In order to do these exhibitions, one has to work with the corporate world
of donors" said Spencer Crew, the history museum's director.  According to GM
Director of Public Policy Communications, Bill Noack, "We have no influence
in the content." According to museum officials, the content and preliminary
design for the exhibition was "a long way in place before any fund-raising
was done."

Nevertheless, the project has its critics. A July 20 editorial in the San
Francisco Chronicle questions the "brand naming" of the Smithsonian and
expressed concern about the trend of "creeping commercialism" at the
Institution.  Also, consumer advocate Ralph Nader has called upon Smithsonian
Secretary Lawrence Small to reconsider accepting the donation. "To let GM be
associated with and influential over a transportation exhibit" stated Nader,
"is to confess to a complete abdication of any standards of museum integrity
and independence."

Other contributors to the transportation hall renovation project include $3
million from the U.S. Department of Transportation as well as donations of $1
million each from the United Parcel Service, the National Asphalt Pavement
Association, and the American Road and Transportation Builders Association.
Details of the terms of their agreements with the Smithsonian have yet to be
disclosed.

3.  SMITHSONIAN SCIENTIFIC ADVISORY PANEL APPOINTED
Eighteen members of the scientific community whose interests span
anthropology to zoology have been appointed by the Smithsonian Institution to
serve on a Congressionally endorsed advisory panel on science.  While several
anthropologists were appointed to the panel, no historians or conservation
experts were named.

The panel will be chaired by Jeremy Sabloff, a highly respected archeologist
and Williams Director of the University of Pennsylvania Museum of Archeology
and Anthropology.  The scientists, including six researchers from the
Smithsonian itself, are charged to examine the scientific research program at
the Smithsonian and see how it can be strengthened; determine how it can be
organized to optimize the use of the Institution's human, physical and
financial resources; assess how best to evaluate performance by the
scientific community; see how the relationship between research and public
programming can be strengthened; and, in general, to make recommendations
relating to the future direction of this aspect of the Institution's mission.

Congress will be looking to the panel to make recommendations relating to the
future of several research centers that, in the Smithsonian's FY 2002 budget
proposal, Secretary Lawrence Small attempted to close. Congressional
appropriation committees stepped in and inserted language in the House and
Senate appropriations bills that prevented Small from closing any scientific
units slated for shutdown until the science advisory panel reviews their
activities and makes recommendations.

The advisory group will hold its first meeting September 6-7, 2001.  When the
work of the panel ends, findings will be submitted to the Smithsonian Board
of  Regents for their consideration.  For a complete list of appointees, tap
into http://newsdesk.si.edu and click onto the press release entitled:
"Science Commission".

4.  E-BOOK SUIT UPDATE
Several months back we reported on a case brought by Random House against
Internet start-up RosettaBooks relating to e-book contract rights (See NCC
WASHINGTON UPDATE, Vol. 7, #19, May 11, 2001). The case now pending in the
U.S. District Court for the Southern District of New York is the first to
directly tackle the question of who owns electronic rights in book
publishing.  The cause of action specifically centers on whether electronic
versions of traditionally printed books fit the definition of a book in
contracts with authors signed by Random House prior to 1994.

Today, Random House and virtually every other publisher include clauses in
book contracts with authors to secure the rights of electronic versions.
However, absent such language in contracts made prior to 1994, RosettaBooks
secured separate agreements with authors such as Kurt Vonnegut and William
Styron and began to sell electronic versions of their works. Random House
sued.  In court, lawyers for RosettaBooks argued that authors should have the
right to choose who sells the electronic version of their books.

In the most recent court action, Random House's request for a preliminary
injunction against RosettaBooks was denied.  In denying the injunction, Judge
Sidney Stein dismissed many of Random House's arguments.  The judge stated
that e-books, through their use of text-searching software, are substantially
different in form and concept than traditional print books, and therefore are
not part of a publisher's right to produce a work "in book form."

If Random House decides to abandon its legal fight in light of the court's
decision on the preliminary injunction, Judge Stein's  ruling will assume
more importance and could set precedent. A victory for RosettaBooks would be
a shot in the arm for e-publishers looking for material to sell.

5.  HEARING CONDUCTED ON E-GOVERNMENT ACT PROPOSAL
On May 1, 2001, Senators Joseph Lieberman (D-CT) and Conrad Burns (R-MT)
introduced legislation (S. 803) - the E-Government Act of 2001 (similar
legislation was introduced in the House (H.R. 2458) by Rep. Jim Turner (D-TX)
on July 12, 2001).  Among dozens of provisions, the bill creates a
government-wide chief information officer within the Office of Management and
Budget; establishes (in conjunction with governmental and private entities)
an Online National Library; creates a federal Information Technology Training
Center; requires Federal courts to post opinions
online; establishes in the Treasury Department an E-Government Fund to be
used to fund interagency information technology projects and other innovative
uses of information technology; and, building upon the existing FirstGov
portal, provides ongoing support and development of a centralized portal and
directory of Federal government web sites. An outline of the bill is
available at: <http://www.senate.gov/~gov_affairs/egovoutline.pdf>.

Of particular interest to the historical/archival community is the proposal
to establish an Online National Library. Funding for this aspect of the
legislation calls for an appropriation of $10 million which would be evenly
split between the Library of Congress and the National Science Foundation.
The Online Library would provide public access to an expanding database of
education resource materials including historical documents, photographs,
audio recordings, films, and other media that are significant for education
and research into the history and culture of the United States.

On July 11, 2001, a hearing on the measure was conducted by the Senate
Committee on Governmental Affairs.  In his opening statement, Senator Joseph
Lieberman, one of the legislation's primary sponsors said, "Our goal is to
use information technology to bring about a revolution in current
bureaucratic structures so that we can engage the public, restore its trust,
and, ultimately, increase public participation in the democratic process
overall."  Ten witness, including representatives from the American Library
Association, and the Information Technology Association of America spoke in
support of the measure and offered comments and suggestions to refine
specific legislative language.

6.  BITS AND BYTES:
Item #1 - IMLS Director Confirmed: Robert S. Martin was confirmed by the
Senate to serve as Director of the Institute of Museum and Library Services.
Martin is the first director of the IMLS who comes from the library
community.  Martin is a professor and Interim Director of the School of
Library and Information Studies at Texas Woman's University in Denton, Texas.
 From 1995-1999 he served as Director and Librarian of the Texas State
Library and Archives Commission.

Item #2 - NARA Awards Contract: On July 6, 2001, the National Archives and
Records Administration (NARA) awarded a $3.4 million contract for Electronic
Records Archives Program Management Support Services to Integrated Computer
Engineering Inc (ICE) located in Campbell, California. The four year contract
has a potential value of up to $20.8 million. ICE will join with
subcontractors Vector Research Inc. and VGS Inc. in carrying out the project.
 The goal of the Electronic Records Archives is to develop a system that
preserves any kind of electronic
record, free it from the format in which it was created, retain it
indefinitely, and enable requesters to read it on computer systems now and in
the future.

Item #3 - NARA Seeks Comments: The National Archives and Records
Administration (NARA) seeks comment on a proposed rule on records disposition
published in the Federal Register on July 17, 2001. Comments are due to the
Comment Desk at NARA as directed in the Federal Register by September 17,
2001.  The proposed rule simplifies certain records disposition procedures
for Federal agencies. It proposes to permit agencies to provide copies of
their records disposition manuals to NARA electronically, instead of
submitting 20 printed copies as now required. The proposed rule also
eliminates the requirement that agencies request authority for a retention
period that differs from the General Records Schedules if NARA previously has
granted a disposition authority specifically to an agency.  For the proposed
rule, tap into the URL for the Federal Register at:
http://www.access.gpo.gov/su_docs/fedreg/a010717c.html. Scroll down the list
of agencies to NARA and click on the text option you prefer.

Item #4 - First E-Book Registrations: The Library of Congress, U.S. Copyright
Office has received its first e-book (electronic book) registration deposits.
 Two books, both published by Random House, "The Hitchhikers Guide to the
Wireless Web" and "The Business Guide to the Best Business Schools" are the
first copyright claims and deposits of full-length e-books transmitted over
the Internet and processed entirely in digital formats through CORDS
(Copyright Office Electronic Registration, Recordation and Deposit System).
Copyright registration for e-book claims can be completed in a few weeks
through CORDS, rather than the longer time period it takes to process claims
through traditional procedures. For more information, visit the Copyright
Office at: <http://www.loc.gov/copyright>.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *  * * * *
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