Please note Item 1 of the attached.  The Council is under the Interior
Appropriations Bill, and I heard on NPR this morning that the continuing
resolution will fund most everything at reduced rates, except for "a dozen or
so smaller agencies."  The Council is only $3 mil.  Call you Representative
and tell him that you want EVERYTHING to be funded at reduced amounts, and
not to cherry pick what they want.
 
Tom Wheaton
Exec Dir - ACRA
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Date: 96-01-25 06:34:52 EST
 
NCC Washington Update, vol. 2, no. 2, January 25, 1996
   by Page Putnam Miller, Director of the National Coordinating Committee
      for the Promotion of History
 
1.  Vote on 4th Continuing Resolution Set for Tomorrow
         Implications for NEH and Historic Preservation
2.  Dates Set For Copyright Hearings
3.  Government Printing Office Plans for Electronic Depository Library
4.  Congress Plans Long February Recess
 
1.  Vote on 4th Continuing Resolution Set for Tomorrow, Implications for
NEH and Historic Preservation -- As January 26, the date when the third
Continuing Resolution expires, draws nearer, there is increased
speculation concerning the possible terms for the 4th Continuing
Resolution.  A vote in the House is set for the afternoon of January 25.
Since the appropriations bills that include the National Archives, the
National Historical Publications and Records Commission, and the Library
of Congress have been passed, the FY'96 budgets for these agencies will
not be affected by the Continuing Resolution.  However, for the agencies
that come under those appropriations bills that have not passed, such as
the Interior Appropriations Bill, the terms of the 4th Continuing
Resolution are of tremendous importance.
 
The latest conjecture by many Congress watchers is that the 4th Continuing
Resolution will fund agencies in the Interior Appropriations Bill at the
level of the Interior Conference Report and that this funding will cover
the period of January 27 to March 1.  If this does prove to be the case,
this will be basically good news for NEH.  Funding for NEH under this
scenario would be at $110 million, an increase over the funding level of
the third Continuing Resolution which funded NEH at $99.5 million, the
amount in the House Interior Appropriations Bill.  If the Conference
Report levels are adopted, the funding levels for historic preservation
would be:  a 5% cut from FY'95 levels for the state historic preservation
programs, a 15% cut from FY'95 levels for the Advisory Council on
Historic Preservation, and a 50% cut from last year's level for the
National Trust for Historic Preservation.
 
There is a possibility that new and controversial anti-abortion language
may be added to this Continuing Resolution.  This would have the potential
of causing a Presidential veto.  There is also a possibility that Congress
could pass and send to the President another version of the Interior
Appropriations Bill.  If signed, the Interior Appropriations Bill for
FY'96 would take precedence over the Continuing Resolution.  The House and
Senate Interior Appropriations Committees have resumed negotiations on the
Interior Bill, but it is unclear what progress is being made.
 
2.  Dates Set For Copyright Hearings -- On February 7 and 8 the House
Judiciary Committee will hold hearings on H.R. 2441, the National
Information Infrastructure Copyright Protection Act, a bill to adapt
copyright law to the digital, networked environment of the information
highway.  On November 15 the House and Senate Judiciary Committees held a
joint hearing on this legislation and heard from government witnesses.
The upcoming House hearing will include six panels and twenty
non-government witnesses.  Most of the panels will deal with such issues
as music licensing, concerns of software companies, trademark issues, and
concerns of on-line service providers. However, there will be one panel
that will speak to library related issues.  This legislation deals with
several areas of specific concern to scholars, librarians, and archivists:
clarification of terms regarding digital transmission of copies;
exemptions for libraries and archives for preservation activities;
exemptions for the visually impaired;  and establishment of a criminal
copyright violation provision.
 
The concern of many in the library and scholarly community is how the
provisions for "fair use" for library and educational purposes that are in
the existing copyright law will be affected by the new legislative
proposals.  H.R. 2441, and S. 1248, the parallel bill in the Senate,
appear to make fairly modest changes, and there is no mention in the bills
to "fair use.".  Yet the language of the legislation makes clear that
transmissions constitute a public distribution and that transmissions are
within the exclusive domain of copyright proprietors.  Under this proposed
legislation, the role of "fair use" in the digital environment seems in
doubt.  Striking the proper balance between ensuring the commercial
interests of copyright holders and protecting pub lic interest as well as
educational aspects of copyright law is crucial.  The Senate will probably
be holding a hearing on this legislation in March and will attempt to
address some of the issues not covered in the February House hearings.
 
3. Government Printing Office Plans for Electronic Depository Library
Program -- In December the U.S. Government Printing Office (GPO) released
a report titled "The Electronic Federal Depository Library Program:
Transition Plan, FY 1996 - FY 1998."  The plan states that GPO "expects
that nearly all of the information provided through the Federal Depository
Library Program will be electronic by the end of fiscal year 1998."
Currently there are about 1400 depository libraries, with at least one in
every congressional district and many associated with universities.  The
Federal Depository Library Program, which guarantees public accessibility
to federal information at no cost to the user, has been a vital component
in the overall federal information policy.
 
Many in the scholarly and library communities applaud GPO's commitment to
providing government information electronically;  however, this report
does raise concerns about:  how the majority of Americans -- who still
rely on information in a paper format - - will gain access to government
information during this transition period;  how long term access will be
ensured;  and how many of the depository libraries will be able to become
electronically-capable in the period allowed.  The plan does state that a
bout 15 titles will continue to be available in paper as well as
electronically.  This core group includes the Congressional Record, the
United States Congressional Serial Set, the Federal Register, the Budget
of the United States Government, and the Foreign Relations of the U. S.,
a documentary history series of the State Department.
 
4.  Congress Plans Long February Recess -- Congress is moving into the
election year mode.  Although the dates are not firm, it appears that
Congress will take a long February recess that may last from February 1 to
February 26.  Members will be in their home districts for much of this
period, providing a good opportunity for meetings with constituents.
While no votes are taken during recesses, there will be some hearings,
such as the copyright hearing.