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                                                       Calendar No. 914
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-466
_______________________________________________________________________




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

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                               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




October 3 (legislative day, September 22), 2000.--Ordered to be printed

                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
79-010                     WASHINGTON : 2000

                   COMMITTEE ON GOVERNMENTAL AFFAIRS

                   FRED THOMPSON, Tennessee, Chairman
WILLIAM V. ROTH, Jr., Delaware       JOSEPH I. LIEBERMAN, Connecticut
TED STEVENS, Alaska                  CARL LEVIN, Michigan
SUSAN M. COLLINS, Maine              DANIEL K. AKAKA, Hawaii
GEORGE VOINOVICH, Ohio               RICHARD J. DURBIN, Illinois
PETE V. DOMENICI, New Mexico         ROBERT G. TORRICELLI, New Jersey
THAD COCHRAN, Mississippi            MAX CLELAND, Georgia
ARLEN SPECTER, Pennsylvania          JOHN EDWARDS, North Carolina
JUDD GREGG, New Hampshire
             Hannah S. Sistare, Staff Director and Counsel
              Susan G. Marshall, Professional Staff Member
      Joyce A. Rechtschaffen, Minority Staff Director and Counsel
          Peter A. Ludgin, Minority Professional Staff Member
                     Darla D. Cassell, Chief Clerk
                                                       Calendar No. 914
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-466

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



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

                                _______
                                

   October 3, (legislative day, September 22), 2000.--Ordered to be 
                                printed

                                _______
                                

Mr. Thompson, from the Committee on Governmental Affairs, 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 Governmental Affairs, 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, reports favorably 
thereon without amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
 I. Background and Need for the Legislation...........................1
II. Legislative History...............................................3
III.Section-by-Section Analysis.......................................3

IV. Regulatory Impact Statement.......................................4
 V. CBO Cost Estimate.................................................4
VI. Changes to Existing Law...........................................5

                 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, (under Public Law 93-536) 
Congress expanded the Commission's focus to include archival 
records, giving the Commission authority to work for the 
collection, preservation, 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 available 
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, including 
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 includes 
collecting, transcribing, annotating and publishing the papers 
of George Washington, John Adams, Benjamin Franklin, Thomas 
Jefferson, and 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, (funds that are 
matched by the States) that the State then provides to 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 History

    No hearings were held on H.R. 4110 by the Committee on 
Governmental Affairs. The committee marked up the bill 
September 27, 2000, without objection or amendments. On March 
29, 2000 Chairman Stephen Horn, Subcommittee on Government 
Management, Information and Technology introduced H.R. 4110, a 
bill to reauthorize the National Historical Publications and 
Records Commission from Fiscal Year 2002 through Fiscal Year 
2005. On April 4, 2000, the Subcommittee on Government 
Management, Information and Technology held a legislative 
hearing on the bill. Chairman Horn heard testimony from 
archivists and historians working to preserve documents of 
historical significance.
    No amendments were offered at the subcommittee level.

                    III. Section-by-Section Analysis


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.

                    IV. Regulatory Impact Statement

    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.

              V. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 29, 2000.
Hon. Fred Thompson,
Chairman, Committee on Governmental Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4110, an act 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.

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

    Summary: H.R. 4110 would authorize the appropriation of $10 
million--the same 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. CBO estimates that 
implementing H.R. 4110 would cost $34 million over the fiscal 
year 2002-2005 period, assuming appropriations of the 
authorized amounts. Because the legislation 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 
legislation contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on state, 
local, or tribal governments.
    Previous CBO cost estimate: On May 25, 2000, CBO 
transmitted a cost estimate for H.R. 4110 as ordered reported 
by the House Committee on Governmental Reform on May 18, 2000. 
The two versions of the legislation are identical, as are our 
cost estimates.
    Estimate prepared by: Federal Costs: John R. Righter. 
Impact on State and Local Governments: Susan Sieg Tompkins. 
Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      VI. Changes to Existing Law

    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

    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.

           *       *       *       *       *       *       *

                              National Archives and
                                    Records Administration,
                                   College Park, MD, July 25, 2000.
Hon. Fred Thompson,
Chairman, Committee on Governmental Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: I would like to ask for your assistance 
in a matter of great importance to the historical preservation 
community and by extension to the American public. As you are 
aware, H.R. 4110, a bill to reauthorize the National Historical 
Publications and Records Commission (NHPRC), was passed by the 
House of Representatives today and is being sent to the Senate 
for consideration. The 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 authorize the Commission to continue 
its important work, setting an authorization cap at $10 million 
annually through 2005, identical to the current funding cap. 
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. Your colleague, Senator 
Jeffords, is currently serving with distinction as the Senate 
representative on the Commission.
    Whatever could be done procedurally to ensure Senate action 
on H.R. 4110 this session would be greatly appreciated by the 
Commission and the many publics that it serves. If we may be of 
assistance in providing further information to you or your 
staff, please call on us.
            Sincerely,
                                            John W. Carlin,
                                    Archivist of the United States.
                                ------                                

                               Department of State,
                      Tennessee State Library and Archives,
                                     Nashville, TN, August 2, 2000.
Hon. Fred Thompson,
U.S. Senator from Tennessee, Dirksen Senate Office Building, 
        Washington, DC.
    Dear Senator Thompson: H.R. 4110, reauthorization for the 
National Historical Publications and Records Commission (NHPRC) 
is pending before the Governmental Affairs Committee. Continued 
NHPRC grant funding for local archives preservation projects is 
crucial to encouraging state and local investment to preserve 
the historical experience of Tennessee citizens. I affirm this 
from my experience as Assistant State Archivist and chair of 
the Tennessee Historical Records Advisory Board that recommends 
projects to NHPRC for funding.
    In the past two years I have examined records and records 
keeping practices of more than half the courthouses in 
Tennessee. Again and again I have noted a direct connection 
between the trust that local citizens have in local government 
and the confidence they have in the local government record 
keeping system and archives. In communities where records are 
in dire peril of extinction through neglect and decay, the 
frustration of local citizens with their government is high. 
The very idea that there is national concern and the 
availability of competitive funding grants to improve local 
records keeping helps me greatly to encourage local governments 
to do right by their own records and their own citizens.
    I hope you will do everything necessary to move the 
legislation along and to encourage your colleagues to improve 
support of the work of the NHPRC. Tennessee will most surely 
benefit thereby.
            Sincerely,
                                   William W. Moss,
                                 Assistant State Archivist,
             Chairman, Tennessee Historical Records Advisory Board.
                                ------                                

                    The State Education Department,
                   The University of the State of New York,
                                       Albany, NY, August 31, 2000.
Hon. Fred Thompson,
Chairman, Senate Committee on Governmental Affairs, Dirksen Senate 
        Office Building, Washington, DC.
    Dear Chairman Thompson: On behalf of the New York State 
Board of Regents and Education Department, which includes the 
State Archives, we write to encourage your support to 
reauthorize the National Historical Publications and Records 
Commission (NHPRC). Federal NHPRC support has been an important 
source of funding for statewide strategic planning for New 
York's historical records. This support enabled our State to 
create strong strategic plans that have become national models 
and to establish a framework for garnering support for New 
York's documentation priorities.
    Like other states across the nation, New York has limited 
resources to make historical records accessible to the public. 
Additionally, many of our archival holdings are not accessible 
to the public due to lack of enabling tools and technology. 
NHPRC funding, coupled with our State funding, has and 
continues to build capacity within New York's historical 
records community. Our combined funding is a catalyst; it is 
often matched and sometimes doubled by local funding.
    State and local documentary records hold essential 
information regarding our national heritage. There are many 
areas of our public life--in health, education, transportation, 
natural resources, economic development, lands and property, 
etc.--that are only documented at the state and local levels. 
This information also provides in-depth understanding of how 
federal policies affect localities. We urge your strong support 
of NHPRC reauthorization.
            Sincerely,
                                   Carl T.Hayden,
                                           Chancellor, Board of 
                                               Regents.
                                   Richard P. Mills,
                                           Commissioner of Education.
                                ------                                

                        The Society of American Archivists,
                                   Chicago, IL, September 10, 2000.
Senator Fred Thompson,
Chairman, Senate Government Affairs Committee, Dirksen Senate Office 
        Building, Washington, DC.
    Dear Senator Thompson: On behalf of the Society of American 
Archivists, we urge you to support H.R. 4110, a bill for the 
reauthorization of the National Historical Publications and 
Records Commission (NHPRC), a statutory body affiliated with 
the National Archives and Records Commission that supports a 
wide range of activities to preserve, publish and encourage the 
use of documentary sources relating to the history of the 
United States. By making grants to state and local archives, 
colleges and universities, libraries, historical societies and 
other nonprofit organizations in the United States, this small, 
but very effective granting body ensures that the various 
levels of American history are preserved and used by our 
citizens.
    The Society of American Archivists is the oldest and 
largest association of archivists in the United States, 
representing more than 3,000 individuals and 400 institutions. 
It is the authoritative voice in the United States on issues 
that affect the identification, preservation, and use of the 
historical record.
    The National Historical Publications and Records 
Commission, in its 66 year history has ensured that the 
documentary history of this country is not lost, by making the 
papers of our founding fathers and other prominent Americans 
widely available through the publication of their documents. 
The figures represented include the Founding Fathers, such as 
George Washington, Thomas Jefferson and Benjamin Franklin and 
Presidents, such as Andrew Jackson, James K. Polk, and Andrew 
Johnson.
    The Commission has served a vital role in providing the 
funding to state boards for the creation of a national archival 
infrastructure. The focus for these state grants has been on 
strategic planning, implementation and statewide collaboration. 
An excellent example of providing services to the local small 
historical societies is the NFACE project, the National Forum 
on Archival Continuing Education, which seeks to determine the 
continuing education needs of the nation's historical records 
keepers and to develop an action agenda to meet those needs.
    NHPRC serves as the venture capitalist for the archival 
work necessary to ensure our historical heritage: by providing 
seed money for new ideas; by taking risks on experimental 
programs, such as the work being done by the San Diego 
Supercomputer Center to develop a method to preserve electronic 
records; and by providing expertise for fledgling programs, 
helping to move these local programs forward. It would be a 
great loss if the National Historical Publications and Records 
Commission were not reauthorized. We urge you to move forward 
and approve this bill by the end of this legislative session to 
ensure the continuing effectiveness of this outstanding 
program.
            Sincerely,
                                             Leon J. Stout,
                                                         President.