NCC Washington Update 2:15, 5/8/96

[mwidener@mail.law.utexas.edu (Mike Widener)]

NCC Washington Update, vol 2, #15, May 8, 1996
    by Page Putnam Miller, Director of the National Coordinating
    Committee for the Promotion of History <pagem@capaccess.org>

1.  Senate Hearing on the Library of Congress
2.  Senate Hearing on Copyright In the Digital Age

1.  Senate Hearing on the Library of Congress -- The Joint Committee on
the Library of Congress heard on May 7 from both the General Accounting
Office (GAO) and the Library of Congress concerning the recently completed
and quite critical GAO management and financial reviews.  This report,
"Library of Congress:  Opportunities to Improve General and Financial
Management," which is several hundred pages long, is accessible from the
GAO Web Page -- http://www.gao.gov  This report will not be made available
in paper format.  Senator Mark Hatfield (R-OR), Chairman of the Joint
Committee, co-chaired the hearing with the Vice-Chairman, Representative
Bill Thomas (R-CA).  Others members of the committee attending the hearing
were:  Senators Patrick Moynihan (D-NY) and Claiborne Pell (D-RI) and
Representatives Bob Ney (R-OH), Ed Paster (D-AZ), Ron Packard (R-CA), and
Vic Fazio (D- CA) -- all of whom stayed for most of the three and a half
hour hearing and had several questions for the panelists.

In opening remarks Hatfield stated that the purpose of the hearing was to
be helpful and the tone was cordial.  In his opening statement Thomas read
from the May 4, Washington Post editorial that summarized the "stinging"
GAO report.  However, both Thomas and the Post concluded that the report
was "wrongheaded" in suggesting an information/broker role for the Library
that would involve abandoning its duties as the custodian of a collection.
Thomas emphasized that there were two separate issues on the table --
management issues and a re-evaluation of the Library's mission.  The focus
of the Committee's concerns was on the management problems with all
members present agreeing that steps must be taken to ensure that the
Library of Congress remains a national repository and a "national
treasure."

The hearing consisted of two panels.  One composed of William Gadsby and
Robert Gramling of the GAO;  Joyce Doria of Booz-Allen and Hamilton Inc.,
the firm that conducted the review for GAO of the Library's mission,
operations, and resources; and Paul Lohneis, of Price Waterhouse, the firm
that conducted the financial audit for GAO.  The Booz-Allen report
highlighted numerous management and operational processes that needed
improvement and presented a long list of recommendations that deal with
organizational structure, personnel policies, technological
infrastructure, and revenue opportunities.  The Price Waterhouse audit
found the Library had made some improvements but still did not have the
processes necessary to generate complete, auditable financial statements.

One of the most controversial aspects of the GAO/ Booz Allen report was
the presentation of three alternative missions for the Library of Congress
-- one would focus on serving the Congress;  another on serving the
Congress and the Nation; and the third on servicing the Congress, the
Nation, and the World.  The report recommended the first option.
Regarding the third alternative the report stated that the Library had
been "selectively engaged in international commitments," with the foreign
language collections now constituting approximately 50% of the Library's
book collections and approximately 60% of the cataloging workload.  The
report questioned whether continuing to collect large amounts of material
in many languages from many countries was appropriate.

Dr. James Billington, the Librarian of Congress, and Thomas Carney, the
Acting Deputy Librarian, were the two witnesses in the second panel.
Billington stressed that many recommendations in the review were already
being implemented as a result of interna l reviews.  While he indicated
that many of the suggestions were helpful, he strongly defended the
Library's current mission.  In answer to a question from Senator Pell
about the number of foreign language books in the collection, Billington
confirmed that over half of the collection is in foreign languages.
Billington argued that if the Library were to cease acquiring its foreign
language collection, information about large parts of the world would not
be available in the United States.  If the U.S. is to be an economically
competitive global power, Billington said then it needs access to global
information.  The Booz-Allen report, Billington said lacks a fundamental
understanding of the Library's role.

During questioning, the GAO said that they were not recommending a change
in the Library's mission but were putting that on the table for
consideration. Fazio identified human resource issues, particularly racial
and ethnic problems, as the library's largest problem and said that the
Library needed new models for labor relations.  Thomas stressed that the
library has been moving in some new directions without adequate oversight.
In closing remarks, Hatfield indicated that the Congressional letter to
GAO requesting the review of the Library had not mentioned the need to
re-evaluate the mission.  Hatfield concluded the hearing by asking the
Library to prepare for the Committee specific management goals, with
target dates for completion and budget implications.


2.  Senate Hearing on Copyright in the Digital Age -- On May 7 the Senate
Judiciary Committee held a hearing on S.1284, the National Information
Infrastructure Copyright Protection Act, a bill to adapt copyright law to
the digital, networked environment o f the information highway.  Senator
Orrin Hatch (R-UT), the Chair of the Judiciary Committee, presided.  Only
one other member of the committee, Senator Arlen Specter (R-PA), attended;
and he made only a brief appearance to say that there is tremendous in
terest in this issue among committee members but bills on the Senate floor
prevented members from being present.

Following Hatch's brief introduction in which he referred to "massive
unauthorized copying" yet also stressed his appreciation for the need for
a balance between the needs of users and creators, Senator Conrad Burns
(R-MT), the Chair of the Commerce Subcommittee on Science, Technology and
Space, testified.  Burns talked about both the need to protect
intellectual property on the Internet and the need to harness new
telecommunications technologies for new educational opportunities that
will allow rural students to have similar advantages to those of urban
students.

Before a hearing room of three hundred interested individuals and many
members of the press, five public witnesses presented varying views.  The
witnesses were:  Kenneth Kay, Executive Director of the Creative Incentive
Coalition;  John Bettis of the Ame rican Society of Composers, Authors,
and Publishers;  William Burrington, Chair of the On-Line Public Policy
Committee of the Interactive Services Association;  Professor Robert
Oakley of the Georgetown Law School speaking on behalf of Digital Future
Coal ition; and Daniel Burton, Vice President for Government Relations of
Novell, Inc.

Using a multimedia presentation, Kay focused on piracy on the Internet.
Bettis, a song writer, talked about the need to protect the "content
providers."  Burrington -- also using a multimedia presentation --
addressed issues regarding on-line provider liability and emphasized the
need for shared responsibility.  He said that the on-line providers should
not be held liable for copyright violations of which they have no
knowledge.  The representative of Novell, Burton, expressed concern about
software piracy.

Professor Oakley addressed the concerns of many in the library, archival,
scholarly, business, and technology communities by focusing on the "fair
use" and the need to maintain a fundamental balance between ownership and
access.  He acknowledged the need to stop piracy but noted that laws were
already in place that make it unlawful to participate in the kinds of
violations mentioned in earlier testimony.  Oakley put forward specific
language for amending S. 1284 and its parallel bill in the House, HR.
2441, that would assure the promotion of creativity by preserving the
balance between strong intellectual property protection and robust access
to information for all innovators, including those in business, libraries
and education.  The amendments dealt specifically with the issues of:
facilitating browsing and networking, clarifying the "fair use" doctrine,
preserving our cultural heritage, reaffirming the "first sale" doctrine,
fostering "distance education," balancing protection and progress, and
recelebrating "copyright management information" proposals.

Senator Hatch asked the witnesses questions about reasonable and fair
means for protecting copyrighted material in cyberspace, about whether
encyptions alone could protect copyright owners, and about whether the
committee should wait to pass legislation.  Hatch noted that the Senate
Judiciary Committee will hold at least one more hearing on S. 1284.
Several times he repeated that he was not wedded to any particular
language and wanted assistance from the witnesses in refining the bill.

  ********************************************************************
   H-Net subscribers are invited to redistribute the NCC reports.
   See the complete back file on World Wide Web:
          http://h-net.msu.edu/~ncc/
   The NCC is a coalition of 51 scholarly organizations, including
   H-Net. NCC is the history profession's lobby in Washington, and
   its positions reflect the consensus of its member organizations.
  ********************************************************************
[Redistributed to EXLIBRIS and OHA-L courtesy of the Committee for Legal &
Legislative Affairs, Society of American Archivists.]