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106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-768

======================================================================



 
AMENDING TITLE 44, UNITED STATES CODE, TO AUTHORIZE APPROPRIATIONS FOR 
THE NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION FOR FISCAL 
                        YEARS 2002 THROUGH 2005

                                _______
                                

 July 20, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Burton of Indiana, from the Committee on Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4110]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Government Reform, to whom was referred 
the bill (H.R. 4110) to amend title 44, United States Code, to 
authorize appropriations for the National Historical 
Publications and Records Commission for fiscal years 2002 
through 2005, having considered the same, report favorably 
thereon without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
  I. Background and Need for the Legislation..........................1
 II. Legislative Hearings and Committee Actions.......................3
III. Committee Hearings and Written Testimony.........................3
 IV. Explanation of the Bill..........................................4
  V. Committee Oversight Findings.....................................4
 VI. Budget Analysis and Projections..................................4
VII. Cost Estimate of the Congressional Budget Office.................4
VIII.Statement of Constitutional Authority............................6

 IX. Committee Recommendation.........................................6
  X. Congressional Accountability Act; P.L. 104-1.....................6
 XI. Unfunded Mandates Reform Act; P.L. 104-4, Section 423............6
XII. Federal Advisory Committee Act (5 U.S.C. App.) Section 5(b)......6
XIII.Changes in Existing Law..........................................6


                 I. Background and Need for Legislation

    The National Historical Publications and Records Commission 
(NHPRC), provides grants to archivists, historians, State and 
local governments, and non-Federal agencies and institutions 
across the Nation to support a wide range of activities to 
preserve, publish, and encourage the use of documentary sources 
relating to the history of the United States. H.R. 4110 would 
reauthorize the Commission to continue its important work, 
setting an authorization cap at $10 million annually from 
fiscal year 2002 to fiscal year 2005. The NHPRC, which is 
affiliated with the National Archives and Records 
Administration (NARA), complements National Archives' work in 
protecting vital American documents. Unlike the National 
Archives, which maintains Federal records, the Commission 
assists non-Federal historical societies, institutions, non-
profit organizations, universities, State and local 
governments, and individuals.
    In 1934, both NARA and the Commission, then called the 
National Historical Publications Commission, were formed with 
the latter charged to support the publication of the papers of 
America's important people and events. In 1974, 40 years after 
the creation of the Commission, Congress under Public Law 93-
536, expanded the Commission's focus to include archival 
records, giving the Commission authority to work for the 
collection, preservation of, and increased access to records, 
in addition to its work with historical publications.
    The Commission is composed of 15 members and is chaired by 
the Archivist of the United States. Seven of the members are 
appointed by the Judicial, Executive, and Legislative branches 
of the Federal Government. Professional societies of 
archivists, historians, documentary editors, and Government 
records administrators, and the Librarian of Congress appoint 
the remaining Commission members. Commission members review all 
eligible project proposals, recommend to the Archivist those 
grants they believe should be funded, and are instrumental in 
developing the goals and programs for the Commission. The 
Commission's administrative staff implements Commission 
policies and recommendations, provides assistance and advice to 
potential applicants, advises the Commission on proposals, and 
supervises the grants they award.
    The NHPRC is the only national grant-making organization in 
the Nation whose sole focus is the preservation and publication 
of America's documentary history. This year, the Commission 
received $6.25 million of its maximum $10 million 
appropriation. Sixty percent of this money was awarded to 
projects addressing the Commission's three major goals, and the 
remaining 40 percent helped fund other projects, which included 
documentary editions, and archival preservation and cataloguing 
projects (e.g., papers and photographs). The Commission 
supports the professional development of archivists, 
documentary editors, and record-keepers through fellowships, 
institutes, conferences, workshops, and other programs. In 
addition, the Commission has undertaken a number of projects 
that focus on the records of under-documented groups, such as 
Native Americans, African Americans, Asian Americans, Pacific 
Islanders, and other ethnic and interest groups, and social and 
political movements.
    The Commission's Strategic Plan has identified three major 
goals over the next three years:
    (1) The NHPRC will continue its work toward the timely 
completion of its Founding Fathers Projects, which include 
collecting, transcribing, annotating and publishing the papers 
of George Washington, John Adams, Benjamin Franklin, Thomas 
Jefferson, James Madison. It will also continue to work on 
papers that document the Ratification of the Constitution, the 
First Federal Congress, and the early Supreme Court.
    (2) The NHPRC will promote broad public participation in 
historical documentation by collaborating with State Historical 
Records Advisory Boards (SHRABs) to plan and carry out jointly 
funded programs to strengthen the Nation's archival 
infrastructure and expand the range of records that are 
protected and accessible. Commission grants help fund these 
advisory boards in the States and U.S. Territories. The 
Commission also awards the States regrants, i.e., money 
(matched by the State) that the State then sub-grants to small 
projects within the State. Over the past five years, the NHPRC 
awarded more than $3.7 million in regrants, which funded 600 
projects.
    (3) Finally, the Commission provides leadership in funding 
research-and-development programs on appraising, preserving, 
disseminating, and providing access to important documentary 
sources in electronic form. The NHPRC has awarded $425,000 in 
grants to support the non-Federal portion of the United States 
team working on International Research on Permanent Authentic 
Records in Electronic Systems, known as the InterPARES project. 
The InterPARES project is an international project in which 
countries, including Italy, China, and Japan, work together 
with the United States on the permanent preservation of 
authentic electronic records. In addition, the NHPRC awarded 
$300,000 to the San Diego Supercomputer Center for a project to 
continue the Center's work; and, specifically, to look at the 
scalability and usefulness of the technology it is developing 
to maintain and provide long-term access to electronic records 
in archives smaller than NARA. The NHPRC recently launched a 
major initiative to broaden the base and raise the level of 
archival expertise in electronic record-keeping throughout the 
Nation. Without this work, Federal, State, and local records 
could be lost, due to the dynamic growth and sophistication of 
new technology.
    Reauthorizing the Commission will ensure the Commission's 
continued work on these and other important projects.

             II. Legislative Hearings and Committee Actions

    On April 4, 2000, the Subcommittee on Government 
Management, Information and Technology held a legislative 
hearing on H.R. 4110, a bill to reauthorize the National 
Historical Publications and Records Commission from fiscal year 
2002 to fiscal year 2005. The subcommittee heard testimony from 
archivists and historians working to preserve documents of 
historical significance.
    No amendments were offered at the subcommittee level.

             III. Committee Hearings and Written Testimony

    No hearings were held on H.R. 4110 by the Committee on 
Government Reform. The committee marked up the bill May 18, 
2000, without objection or amendments.

                      IV. Explanation of the Bill


Section 1. Short title

    Section 1 authorizes funding for the National Historical 
Publications and Records Commission.
    It amends Section 2504(f)(1) of title 4 of the U.S. Code in 
subparagraphs (J) and (K), adding ``and'' to include new 
subparagraphs (L-O), which would fund the Commission for fiscal 
year 2002 to fiscal year 2005.

                    V. Committee Oversight Findings

    Pursuant to rule XIII, clause 3(c)(1) of the Rules of the 
House of Representatives, the results and findings of those 
oversight activities are incorporated in the recommendations 
found in the bill and in this report. The Subcommittee on 
Government Management, Information, and Technology held a 
legislative hearing on H.R. 4110 to reauthorize the Commission 
on April 4, 2000, in which NHPRC grant recipients discussed the 
need for the continuing work of the Commission. Archival 
experts from the academic community, National Archives, and the 
Commission discussed their work in electronic records 
preservation, the State boards projects, and American 
historical documentary publication. The bill was marked up by 
the subcommittee on April 5, 2000, and marked up by the 
Committee on Government Reform on May 18, 2000.

                  VI. Budget Analysis and Projections

    H.R. 4110 would reauthorize the appropriation of $10 
million--the amount authorized for fiscal year 2001--to the 
National Historical Publications and Records Commission for 
each of the fiscal years 2002 through 2005. The Commission 
received an appropriation of $6.25 million in 2000, and the 
President has requested $6 million for the Commission in fiscal 
year 2001. The Congressional Budget Office estimates that 
implementing H.R. 4110 would increase costs by $34 million over 
the fiscal years of 2002 through 2005, assuming appropriations 
of the authorized amounts. Because the bill would not affect 
direct spending or receipts, pay-as-you-go procedures would not 
apply.
    H.R. 4110 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs to State, local or tribal 
governments.

         VII. Cost Estimate of the Congressional Budget Office

    The estimated budgetary impact of H.R. 4110 is shown in the 
following table. This estimate assumes that the amounts 
authorized will be appropriated and that spending will occur at 
historical rates. The costs of this legislation fall within 
budget function 800 (general Government).

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 14, 2000.
Hon. Dan Burton,
Chairman, Committee on Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4110, a bill to 
amend title 44, United States Code, to authorize appropriations 
for the National Historical Publications and Records Commission 
for fiscal years 2002 through 2005.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is John R. 
Righter.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               congressional budget office cost estimate

H.R. 4110--A bill to amend title 44, United States Code, to authorize 
        appropriations for the National Historical Publications and 
        Records Commission for fiscal year 2002 through 2005

    Summary: H.R. 4110 would authorize the appropriation of $10 
million--the amount authorized for 2001--to the National 
Historical Publications and Records Commission for each of 
fiscal years 2002 through 2005. The Commission received an 
appropriation of $4.25 million in 2000 and the President's 
budget request is $6 million for 2001. CBO estimates that 
implementing H.R. 4110 would increase costs by $34 million over 
the fiscal year 2002-2005 period, assuming appropriations of 
the authorized amounts. Because the bill would not affect 
direct spending or receipts, pay-as-you-go procedures would not 
apply. H.R. 4110 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA) and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4110 is shown in the following table. 
This estimate assumes that the amounts authorized will be 
appropriated and that spending will occur at historical rates. 
The costs of this legislation fall within budget function 800 
(general government).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                        2000      2001      2002      2003      2004      2005
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Commission spending under current law:
    Authorization level \1\.........................         4        10         0         0         0         0
    Estimated outlays...............................         6         8         5         1         0         0
Proposed changes:
    Authorization level.............................         0         0        10        10        10        10
    Estimated outlays...............................         0         0         5         9        10        10
Commission spending under H.R. 4110:
    Authorization level \1\.........................         4        10        10        10        10        10
    Estimated outlays...............................         6         8        10        10        10        10
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated for that year.

    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: The bill 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: John R. Righter.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

              VIII. Statement of Constitutional Authority

    Pursuant to rule XIII, clause 3(d)(1), the Committee finds 
that clauses 14 and 18 of Article I, section 8 of the U.S. 
Constitution authorizes Congress to enact this law.

                      IX. Committee Recommendation

    On Thursday, May 18, 2000, a quorum being present, the 
Committee on Government Reform, by voice vote, ordered the bill 
favorably reported to the House for consideration.

         X. Congressional Accountability Act; Public Law 104-1

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(B)(3) of the Congressional Accountability Act (P.L. 104-1).

    XI. Unfunded Mandates Reform Act; Public Law 104-4, Section 423

    The Committee finds that the legislation does not impose 
any Federal mandates within the meaning of section 423 of the 
Unfunded Mandates Reform Act (P.L. 104-4).

    XII. Federal Advisory Committee Act (5 U.S.C. App.) Section 5(b)

    The Committee finds that the legislation does not establish 
or authorize establishment of an advisory committee within the 
definition of 5 U.S.C. App., section 5(b).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

              SECTION 2504 OF TITLE 44, UNITED STATES CODE


Sec. 2504. Duties; authorization of grants for historical publications 
                    and records programs; authorization for 
                    appropriations

  (a)  * * *

           *       *       *       *       *       *       *

  (f)(1) For the purposes specified in this section, there is 
hereby authorized to be appropriated to the National Historical 
Publications and Records Commission--
          (A)  * * *

           *       *       *       *       *       *       *

          (J) $10,000,000 for fiscal year 2000; [and]
          (K) $10,000,000 for fiscal year 2001[.]; and
          (L) $10,000,000 for fiscal year 2002;
          (M) $10,000,000 for fiscal year 2003;
          (N) $10,000,000 for fiscal year 2004; and
          (O) $10,000,000 for fiscal year 2005.

           *       *       *       *       *       *       *