Preservation Legislation in the Federal Sector Since the WHC of 1991

[PROF ROBERT SCHNARE <SCHNARER@xxxxxxxxx>]

I would like to share the following report which was compiled for
the Summary of Actions to Implement the 96 Recommendations
and Petitions of the 1991 White House Conference on Library
and Information Services: March 1994 through December 1996,
WHCLIST, Washington, DC, 1997, 39p.

I was a delegate to the WHC and a member of the WHC
Recommendations Committee which help draft the final
recommendations.   We were fortunate in that the delegates
voted preservation as one of the top ten priorities. 
Recommendation #6 was Preservation Policy, Needs
Assessment and Implementation (Create a National
Preservation Policy).  The other two Preservation
Recommendations were More funding for the States and
Publish the Proceedings on Acid Free paper.    The latter one
actually happen.

I agreed to compile an update as I am still active with WHCLIST. 

Bob Schnare, Director, US Naval War College, 686 Cushing
Road, Newport, RI 02841.    #401-841-2641, fax 401-841-6491.

------------------- PRESWHC.TXT follows --------------------


	December 17, 1996



Preservation Legislation in the Federal Sector Since the White House Conference of 1991.

Compiled by Robert E. Schnare, Director, US Naval War College Library, for inclusion in the White House Conference on Library and Information Services Taskforce (WHCLIST) Report on Legislation impacting on the Recommendations Approved at the White House Conference of 1991.


National Digital Library Program

This program is located at the Library of Congress.  The charge from the Librarian of Congress to the LC project coordinators is to digitize 5 million documents and put them on the World Wide Web by the year 2000.  The program will include documents that are uniquely American, appeal to a wide audience of researchers, and are feasible to scan or key into files.  Two other goals of the program are to gain control over some of the 25 million volumes of uncataloged material at LC and to preserve fragile historical materials.  

The program is expected to cost $60 million.  Congress has pledged the first $15 million and LC is expected to raise the remaining amount from private funding.  The Library of Congress issued on January 31, 1996 a request for proposal (RFP) to digitize portions of its retrospective collection of 35mm microfilm.  The first contracts were awarded on August 6, 1996.

Federal Depository Library Program (FLDP)--GPO Access (PL 103-40)

Among other things, the GPO Access Act (PL 103-40) requires GPO (Government Printing Office) to establish and operate an electronic storage facility for federal electronic information, to which online access is provided.  Currently, GPO is transferring to that facility information which has been put up on the online component of the GPO Access System.

Through the FY96 legislative branch appropriations (PL 104-53), Congress directed GPO to initiate a study to identify measures necessary for a successful transition to a more electronic Federal Depository Library Program.  An early GPO transition plan envisioned a mostly electronic program in two years.  The American Library Association and many others recommended a five-to-seven year transition to give depository libraries, publishing agencies and the public time to cope with the impact of this change.  This issue is of great concern to libraries and archivists, as well as to the National Archives and Records Administration (NARA), since paper for the most part is likely to be replaced by digitalized data.  At the end of March 1996, GPO released a draft report to Congress, "Study to Identify Measures Necessary for a Successful Transition To a More Electronic Federal Depository Library Program," for a 60-day public comment period. The study provides a venue for enhanced cooper!
ation between GPO and NARA.

In this Study, the principles for Federal Government Information have been stated as:
1. The Public has the Right of access to Government Information.
2. Government has an Obligation to Disseminate and Provide Broad Public Access to Information.
3. Government has an Obligation to Guarantee the Authenticity and Integrity of its Information
4. Government has an Obligation to Preserve its Information.
5. Government Information Created or Compiled by Government Employees or at Government Expense should remain in the Public Domain.

The status of the FLDP program is still uncertain as congressional efforts are underway to change or eliminate the FLDP depository operations. 

Permanent Paper (PL 101-423) versus Recycled Paper (Executive Order #12873 of October 1993) 

Senator Pell was responsible for the passing of the Permanent Paper Bill for the preservation of government records.  President Clinton issued an Executive Order mandating the use of recycled paper by government agencies.  The conflict has yet to be resolved but the Final Report to Congress on the Joint Resolution to Establish a National Policy on Permanent Papers was sent to Congress on December 31, 1995.  Other actions include:
	The Joint Committee on Printing is considering additional guidance to Federal agencies on the use of groundwood-containing paper.
	NARA has issued Bulletin No. 95-7 dated September 8, 1995 on the "Procurement of writing, copying, and printing paper for Federal Records." 
	The Federal Environmental Executive plans to refine recycling procedures.
	GPO has a selection of permanent papers that can be used by government agencies.  

Copyright

In FY96, legislation to Amend Title 17 to adapt the copyright law to the digital networked environment of the National Information Infrastructure, etc. was introduced in the Senate (S. 1284) and the House (H.R. 2441).  Section 108 of the bill is on Exemptions for Libraries and Visually Impaired.  The bill amends the current exemption for libraries to allow the preparation of three copies of works in digital format, and it authorizes the making of a limited number of digital copies by libraries and archives for the purposes of preservation.  Copyright legislation was very complex and controversial and was not enacted into law this session. 

Department of Defense (D0D)

In Section 8114 of PL 103-335, the Department of Defense Appropriations Act of 1995, it is stated that DoD shall establish and implement a master plan for all acquisitions of automated document conversion systems, equipment and technologies.  This statement has possible government-wide ramifications and preservation implications for the archiving of the data created.   

National Historical Preservation Act (16 U.S.C. 470a) 1992 Amendments 

In Section 4008, action was taken to "develop and implement a comprehensive preservation education and training program" part of which was for Historically Black Colleges and Universities, Native Americans and Native Hawaiians.  In Section 4008 jDiii it states that the education and training program shall include "support for research, analysis, conservation, curation, interpretation, and display related to preservation". 

In Section 4022, the National Center for Preservation Training and Technology was created which was located at Northwestern State University of Louisiana in Natchitoches, LA.  Among the purposes of the Center were: to develop and distribute preservation and conservation skills and technologies for the identification, evaluation, conservation, and interpretation of prehistoric and historic resources.  The Center is administrated by the National Parks Service.  

National Film Preservation Act of 1992

The act reauthorized the Library of Congress' National Film Preservation Board and mandated that a study "Redefining Film Preservation: A National Plan" be done.  This study was published in August 1994.  In FY96, The National Film Preservation Board was reauthorized by H.R. 1734 for seven years.  The bill also created a federally charted private National Film Preservation Foundation which will not be authorized for funding until FY2000 at which time $250,000 will be authorized until FY2003..  


National Maritime Heritage Act of 1994--PL 103-41

This act established a National Maritime Heritage Program to make grants available for educational Programs and the restoration of America's cultural resources for the purpose of preserving America's endangered maritime heritage.  A grants program was established to foster in the American public a greater awareness and appreciation of the role of maritime endeavors on our Nation's history and culture.  In section 4b2Ai it states that grants may be given for: "assistance to any maritime museum or historical society for existing and new educational programs, exhibits, educational activities, conservation, and interpretation of artifacts and collections;"

Electronic Freedom of Information Act 1996
In FY96, Congress passed legislation (H.R. 3802 and S. 1090) that expanded the Freedom of Information Act (FOIA) to include all electronic government records.  Computerized information kept by the federal government--in addition to paper--is now subject to disclosure.  An known impact of this bill will be how agencies preserve their electronic information in order to respond to a FOIA request.

Library Services and Technology Act 1996 (PL 104-28)

The LSTA act replaces the expiring LSCA act.  The act is Subtitle B of the Museum and Library Service Act which was added as Title VII of H.R. 3610, which became PL 104-28.  While sections of the act can have preservation related activities, the only specific reference to library preservation is in Section 262 (3), National Leadership Grants or Contracts.  It states, "preservation of digitization of library materials and resources, giving priority to projects emphasizing coordination, avoidance of duplication, and access by researchers beyond the institution or library entity undertaking the project."  These grants will be funded by a 4% set aside for competitive awards.

Another mention of preservation can be found in Section 271 and Section 273 (3,5) for the preservation of museum materials.

Status of Existing Programs That Impact Upon Preservation  

National Endowment for the Arts.
	For FY95, NEA was funded for 162 million.  For both FY96 and FY97 NEA was funded for 99.5 million.   NEA has not been reauthorized and is still living under the threat of being abolished. 

National Endowment for the Humanities
	The FY95 funding for the NEH was $172 million.  For FY96, NEH was funded for $110 million. In FY97, NEH was again funded for $110 million with approximately $18 million designated for the Division of Preservation and Access.  In FY 97, NEH has a special initiative to offer Challenge Grants to Public Libraries.  The NEH was not been reauthorized and is still living under the threat of possibly being abolished.

LC American Folklife Center 
	The Center was reauthorized in FY 97 for two years and funded at $928,800 as part of (H.R. 3754) the Legislative Branch Appropriation Bill (PL 104-197).
  
Institute of Museum Services
	For FY95 it was funded at 29 million.  For FY96 it was funded for 21 million.  For FY97 it was funded for 22 million.  The Institute of Museum Services was reauthorized and recreated as the Institute of Museum and Library Services.  The Library program being transferred from the Department of Education.  For additional information on this action reference LSTA (PL104-28 Section 704) .

National Trust for Historic Preservation
	For FY95 it was funded at 7 million.  For FY96 it was funded at 3.5 million.  FY97 funding was 3.5 million with an additional $400,000 for tornado relief.

National Historical Publications and Records Commission
	For FY95 it was funded for 9 million.  For FY96 it was funded for 5 million.  For FY97 it was funded for 5 million.  In FY96, S. 1557 extended the Commission until 2001 and authorized it to receive up to 10 million per year in appropriations for grants.

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National Task Force on Emergency Response

	This is a partnership of 25 organizations, including federal agencies, national service organizations and private institutions.  It has two major goals:
		* safeguarding America's cultural heritage from the damaging effects of natural disasters and other emergencies; and 
		* using its expertise to help the general public 			recover from disasters.

	The task force is an initiative of the Federal Emergency Management Agency, the Getty Conservation Institute, and the National Institute for the Conservation of Cultural Property.  

	This Task Force is not a result of new legislation but of the cooperative efforts of several agencies and is of such significant importance that it is listed here.
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