****Begin File******************Begin File*******************Begin File**** *************************************************************************** ALAWON ALA Washington Office Newsline An electronic publication of the American Library Association Washington Office Volume 1, Number 7 August 20, 1992 In this issue: (269 lines) WINDO/GATEWAY COSPONSORS STILL NEEDED LABOR, HHS-ED APPROPRIATIONS BILL HOUSE AND SENATE FLOOR ACTION BILLS REPORTED OUT OF COMMITTEE US DEPARTMENT OF ED APPOINTEES FROM THE EDITOR *************************************************************************** WINDO/GATEWAY COSPONSORS STILL NEEDED Congress is in recess until after Labor Day, and most members will be working in their home districts until then. This is the perfect time to contact your Senators and Representatives and ask them to cosponsor the GPO WINDO bill (HR 2772) and the GPO Gateway to Government bill (S. 2813). Additional cosponsors are still needed if the bills are to pass this session. Current cosponsors are listed below. If your Senators and Representatives are not listed, ask them to add their names. Cosponsors of GPO WINDO (HR 2772), introduced by Charlie Rose (D-NC): Jim Bacchus (D-FL) Eleanor Holmes Norton (D-DC) Doug Barnard, Jr. (D-GA) Major Owens (D-NY) Rick Boucher (D-VA) Timothy J. Penny (D-MN) Terry Bruce (D-IL) John Edward Porter (R-IL) Sonny Callahan (R-AL) Nick Joe Rahall II (D-WV) William F. Clinger, Jr. (R-PA) Don Ritter (R-PA) Richard J. Durbin (D-IL) Tim Roemer (D-IN) Lane Evans (D-IL) Martin Sabo (D-MN) Vic Fazio (D-CA) Bernard Sanders (I-VT) Sam Gejdenson (D-CT) Thomas Sawyer (D-OH) Dan Glickman (D-KS) Jim Slattery (D-KS) Bart Gordon (D-TN) Christopher Smith (D-NJ) Henry Hyde (R-IL) Richard H. Stallings (D-ID) Tim Johnson (D-SD) Barbara F. Vucanovich (R-NV) Michael J. Kopetski (D-OR) Ted Weiss (D-NY) Robert T. Matsui (D-CA) Alan Wheat (D-MO) Stephen Neal (D-NC) Cosponsors of the GPO Gateway to Government (S. 2813), introduced by Sen. Albert Gore: Wendell H. Ford (D-KY) Paul S. Sarbanes (D-MD) Nancy Kassebaum (R-KS) Paul Simon (D-IL) Barbara Mikulski (D-MD) *************************************************************************** LABOR, HHS-ED APPROPRIATIONS BILL In the first few weeks of August before adjournment, Senator Harkin (D-IA), chair of the Senate Appropriations Subcommittee on Labor, Health, Human Services, Education and Related Agencies, continued hearings on HR 5677. The Subcommittee plans to mark up the bill on September 10 and report it to the floor as early as the week of September 14th. At a meeting of education, health and other groups, Senator Harkin stated that he planned to offer an amendment to the FY93 Appropriations bill to transfer $3.85 billion from defense to education, health and children's programs under the Subcommittee's jurisdiction. Senator Harkin will offer the amendment which would include an additional $50 million for libraries when the appropriations bill reaches the Senate floor. Although no information was released on allocations in the Labor, HHS-Ed appropriations bill, Harkin said it would not look much better than the House bill. The Senate subcommittee allocation, like the House allocation, was severely restricted by the budget "firewalls," and most library programs are below FY92 funding levels. There is still time to contact Representatives and Senators and ask for support for library programs in HR 5677 and for the proposed Harkin transfer amendment. *************************************************************************** HOUSE AND SENATE FLOOR ACTION UNITED NATIONS INTERNATIONAL DRIFTNET FISHERY CONSERVATION PROGRAM On August 12, during discussion of House amendments to Senate amendments to HR 2153, a bill concerning the United Nations international driftnet fishery conservation program, a further amendment was offered to the bill by Senator Packwood (R-OR), and others, which, in addition to language about driftnet fishing, added the revocation of the recreational boat tax and the provision of fees for the use of a planned electronic database at the Federal Maritime Commission as follows: (d)(1) Amount of Fee--The Commission shall charge, beginning July 1 of fiscal year 1992 and in fiscal years 1993, 1994, and 1995 (A) A fee of 46 cents for each minute of remote computer access by any individual of the information available electronically under this section; and (B)(i) for electronic copies of the Automated Tariff Filing and Information System database (in bulk), or any portion of the database, a fee reflecting the cost of providing those copies, including the cost of duplication, distribution, and user-dedicated equipment; and (ii) for a person operating or maintaining information in a database that has multiple tariff or service contract information obtained directly or indirectly from the Commission, a fee of 46 cents for each minute that database is subsequently accessed by computer by any individual. In a floor statement of support for the repeal of the boat tax, Senator Leahy (D-VT) stated his concern about fees for the use of government information. He said, "A reasonable fee to recover costs of disseminating information is one thing, but taxpayers should not be charged twice for information created by Federal agencies at taxpayer expense." Leahy said that the fee policy would be in effect with a sunset provision for 1995, when the boat user fee is scheduled to end. "Once the data use fees no longer serve the purpose of offsetting the repeal, the FMC would not be permitted to charge fees in excess of the direct costs incurred in operating and administering the ATFI system," Leahy stated. He said he viewed the proposal contained in the legislation as a "one-time exception to the clear policy Congress has established in the past." Leahy specified that the proposal was unique and "should not be considered a precedent for raising revenue in the future." Leahy also included in the record a _Washington Post_ article of June 25, 1992, which quoted Patricia Glass Schuman and the American Library Association's position of free access to government-produced information as a basic democratic right. (Cf., _Congressional Record_, August 12, 1992, pp. S12523-12524). The amendment was approved by the Senate and will now return to the House for action. NEIGHBORHOOD SCHOOLS IMPROVEMENT ACT On August 12, by a vote of 279-124, the House passed HR 4323, a bill to improve education for all students by restructuring the education system in the States. During the debate, the House rejected an Armey (R-TX) amendment to earmark 25 percent of a school district's grant for school choice programs to include private schools, and a Goodling (R-PA) amendment to permit the funding of school choice programs and provide $100 million for New American Schools projects. The language of HR 4323 was amended into the Senate-passed education bill, S. 2, and House conferees were appointed. The House bill as passed includes authorization of $20 million in FY92 through FY96 for a Parents as Teachers program which would involve parents in the early childhood education of children up to the age of 3; establishment of a values education Commission; expansion of the membership of the National Education Goals panel, from 14 to 18, to include state legislators; inclusion of programs to stimulate an understanding of ethics, civic and character values, and democratic principles as an authorized use of funds by school districts. HR 4412--"FAIR USE" OF COPYRIGHTED UNPUBLISHED WORKS On August 11, HR 4412, "fair use" of copyrighted unpublished works passed the House. In his remarks on the bill, Rep. Hughes (D-NJ), explained that the legislation grew out of "two decisions in the second circuit which suggested that the circuit was reading into the doctrine a degree of rigidity never intended by the Congress." He stated that the purpose of the bill is to restore the desired flexibility to fair use. Rep. Moorhead (R-CA), said that at the hearings on the bill it was suggested that the second circuit in _Salinger v. Random House, Inc._, and the _New Era Publications, International ApS v. Henry Holt and Co._, had not absolutely barred the fair use defense in the unpublished works context. He said that this "misses the point, which is whether or not the courts language has had a chilling effect on the production and publication of the works of historians, biographers, and journalists." The legislation adds a sentence at the end of section 107 of title 17, U.S. Code, "The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors." Moorhead quoted report language (H. Rep. 102-836), which makes clear that "The purpose of HR 4412 is to clarify the intent of Congress that there be no per se rule barring claims of fair use of unpublished works." (_Congressional Record_, August 11, 1992, pp. 7991-92). A similar bill passed the Senate in 1991 (S. 1035), but the "fair use of unpublished works provision was dropped in Committee in the House bill. *************************************************************************** BILLS REPORTED OUT OF COMMITTEE OERI REAUTHORIZATION On August 12, the House Education and Labor Committee reported out HR 4014, the Office of Educational Research and Improvement reauthorization bill, (H. Report 102-845). The legislation, sponsored by Rep. Owens (D-NY), includes a restructuring of OERI as well as creation of a National Education Research Library in the Department of Education. Owens' bill envisions a "one-stop information and referral service" to be maintained by the library including access to programs, publications and resources like ERIC and the "national education dissemination system" as well as statistics and other information produced by the National Center for Education Statistics. Note: Neither the committee-amended bill nor the House Report were available as of today. A further issue of this newsletter will give more detail on the bill. PORNOGRAPHY VICTIMS COMPENSATION ACT OF 1992 Also on August 12, the Senate Judiciary Committee reported out S. 1521, the Pornography Victims Compensation Act of 1992 (S. Rept. No. 102-372). The bill provides a cause of action for victims of sexual abuse, rape, and murder, against producers and distributors of hardcore pornographic material. The report language says "the bill does not apply to noncommercial entities, such as libraries and medical schools, whose collections in theory may contain obscene materials, although the bill does apply to noncommercial entities insofar as the cause of action is based on child pornography" (p. 13). NATIONAL COMPETITIVENESS ACT OF 1992 The House Committee on Science, Space, and Technology reported out HR 5231, (H. Rep. 102-841), on August 12. The bill which was described in the _ALA Washington Newsletter_ of June 24, 1992, had been reported on July 22 and recommitted to the Committee on July 31. The bill is an effort to improve the competitive position of the United States with a special emphasis on advanced technologies. Section 304 of the legislation authorizes $120 million for FY93 and FY94 and directs the Commerce Department's Technology Administration to use these funds to develop and support a nationwide network of manufacturing outreach centers, linked by an interactive computer service to assist U.S. manufacturers to expand and accelerate the development and use of both modern and advanced manufacturing technology. This network will be assisted by a clearinghouse system developed by the Department to gather information on extension activities, information on manufacturing practices and other technical data, and make this information available electronically to the outreach centers and other interested parties. Much of this information will come from the National Technical Information Service's existing databases as well as other government databases. Title V of the legislation authorizes $2 million for translation of Japanese technical literature among other items. *************************************************************************** US DEPARTMENT OF ED APPOINTEES On August 11, the Senate confirmed Bruno V. Manno to be Assistant Secretary of Education for Policy and Planning; William D. Hansen to be Chief Financial Officer and Emerson J. Elliott to be Commissioner of Education Statistics. *************************************************************************** FROM THE EDITOR The next issue of ALAWON will be distributed sometime after Labor Day. The ALA Washington Office has a new and shorter Internet address. The new address is nu_alawash@cua.edu. The old address, nu_alawash@cuavax.dnet.cua.edu, will continue to be valid. *************************************************************************** *************************************************************************** ALAWON is an irregular publication of the American Library Association Washington Office, 110 Maryland Avenue, N.E., Washington, DC 20002-5675. Editor and List Owner: Fred King. Phone: 202-547-4440; Fax: 202-547-7363; Bitnet: NU_ALAWASH@CUA; Internet: NU_ALAWASH@CUA.EDU All or part of ALAWON may be redistributed, with appropriate credits. ALAWON is available free of charge and is available only in electronic form. To subscribe, send the message "subscribe ala-wo [your name]" to the Bitnet address listserv@uicvm. Back issues of ALAWON will be available soon. 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