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permanently the use of these funds for the Copyright Office's information technology planning and development project. The approval of this reprogramming request is
essential to the Copyright Office's efforts to improve automation and better provide
The Digital Millennium Copyright Act, “DMCA," enacted at the end of the
105th Congress, gave the Copyright Office many new duties and responsibilities. The
DCMA requires the Copyright Office to conduct a rulemaking every three years on
exemptions that permit circumvention of technological access control measures in order to engage in noninfringing uses of copyrighted works. Two relatively narrow exemptions
were granted on October 28, 2000, but at the conclusion of this process of conducting
the rulemaking, I expressed several concerns that might warrant congressional consideration. The rapid changes in technology may require the rulemaking process to
be conducted at intervals shorter than the triennial review enacted under the DMCA. In
addition, I ask that the Congress address the further refinement of the appropriate
criteria for assessing the harm to noninfringing uses in scholarly, academic, and library
communities as well as guidance on the precise scope of the term "class of works."
- National Library Service for the Blind and Physically Handicapped
The Library administers a free national library program of braille and recorded
materials for blind and physically handicapped persons through its National Library
Service for the Blind and Physically Handicapped (NLS). Under a special provision of
the U.S. copyright law and with the permission of authors and publishers of works not
covered by the provision, NLS selects and produces full-length books and magazines in braille and on recorded disc and cassette. Reading materials are distributed to a
cooperating network of regional and subregional (local, nonfederal) libraries where they
are circulated to eligible borrowers. Reading materials and playback machines are sent
to borrowers and returned to libraries by postage-free mail. Established by an act of
Congress in 1931 to serve blind adults, the program was expanded in 1952 to include
children, in 1962 to, provide music materials, and again in 1966 to include individuals with
other physical impairments that prevent the reading of standard print.
The fiscal year 2002 budget maintains program services by funding mandatory
pay and price level increases totaling $1,262,940. The budget also supports the
exploration of alternative digital technological possibilities that would provide a less
costly, more efficient, internationally acceptable, and user-friendly delivery system.
Funding the fiscal year 2002 increase is necessary to ensure that all eligible individuals
are provided appropriate reading materials.
- Library Buildings and Grounds
The Architect of the Capitol (AOC) is responsible for the structural and
mechanical care and maintenance of the Library's buildings and grounds. In
coordination with the Library, the AOC has requested a capital budget of $10,105,000,
an increase of $4,095,000. The AOC capital budget includes funding totaling
$6,220,000 in appropriations for five projects that were requested by the Library.
The largest Library-requested project, amounting to $5 million, is for the National
Audio-Visual Conservation Center in Culpeper, Virginia. The Congress has approved
the first two increments of the appropriations' share for the Center in fiscal 2000 and
2001 ($6.6 million has already been appropriated). This fiscal 2002 budget request is
the amount needed to build toward completing the Federal share of $16.5 million for
renovating and equipping the facility. Assurance of the government support is critical in
gaining the far larger amount (at least 75 percent of the total) that we are raising
privately for this project.
The four other Library-requested projects support the preservation of the
Library's collections and space modifications in the James Madison Building. Library
requested projects, as well as AOC identified projects, are prioritized based on critical
need and in accordance with both the strategic and the security plans of the Library.
I urge the Committee to support the Architect's Library Buildings and Grounds
budget, which is critical to the Library's mission.
The Library is grateful for the decision by the Capitol Preservation Commission
to authorize $700,000 for a design study of a tunnel between the Thomas Jefferson
Building and the proposed Capitol Visitor Center. Since 1991, the Library has worked
with Members of Congress and the Architect of the Capitol as an integral partner in the
Visitor Center project. The Library offers unique resources for contributing to the mission
of the Visitor Center through facilities that will permit sharing recorded performances
from the world's largest collection of the performing arts and will showcase the unique
role that the Congress has played in housing not just the mint record of American
creativity but the personal papers of 23 American presidents and much of America's
history in the Library's collections. The construction of a Visitor Center tunnel connecting
the Capitol Building with the magnificent Thomas Jefferson Building provides direct
access both (1) for the Congress to the Members' Room and the Jefferson
Congressional Reading Room, and (2) for the public to the exhibition spaces in the
building so beautifully restored by the Congress. The tunnel is a critical element of the
project and should be approved for construction now rather than later.
The Office of Compliance issued its Report on Fire Safety Inspections, Library of
Congress Buildings, Conducted Under the Congressional Accountability Act on January
25, 2001, which was the culmination of a nearly 12-month fire and life safety inspection
of Library of Congress buildings on Capitol Hill. This external audit, authorized by the
Congressional Accountability Act, is a continuation of Office of Compliance inspection
efforts that took place earlier at the U.S. Capitol, the U.S. Senate Office Buildings, and
the U.S. House of Representatives Office Buildings. The fire safety issues that were
identified in Library buildings are similar to those found in other Capitol Hill buildings.
The Library of Congress is, without reservation, committed to conforming with fire and
life safety regulations and, along with the Architect of the Capitol, is systematically
addressing all the identified issues. While the condition of the fire system in Library
buildings should be and will be improved, we are confident that the buildings are
basically safe for Library staff and collections.
- Authorizing Legislation
The 106th Congress passed four important pieces of authorizing legislation that
improve the Library's financial management and further support the Library's national
The Library of Congress Fiscal Operations Improvement Act of 2000, P. L.
106-481, represents a milestone in the Library's financial management. The bill creates
three revolving funds to manage important elements of the Library's operations including services to Federal libraries (FEDLINK), research reports and studies for Federal entities
(Federal Research Division), gift shop sales, photoduplication services, and duplication
services associated with the National Audio-Visual Conservation Center.
The Congress also enacted the National Recording Preservation Act, P. L. 106
474, modeled on the highly successful National Film Preservation Act. Initial funding of
$250,000 is requested as part of the fiscal 2002 budget. During fiscal 2001, the Library
is proceeding to bring the Board into existence and establish a plan to produce a
comprehensive survey of the sound preservation needs.
Finally, the 106th Congress enacted two bills that make use of the collections
and curatorial and staff expertise of the Library: P. L. 106-99, which authorizes the
Library to prepare and publish a history of the House of Representatives, and P. L. 106
380, which creates an oral history archive for veterans in the American Folklife Center.
The Library has published preliminary guidelines for the preparation of their oral histories
on its Web site, but in fiscal 2002, it will need to coordinate the national network of
partner organizations that will be required to accomplish the very ambitious aims of this
legislation, operate a Web site for the project, and process the audiovisual histories that
the Library will be receiving under the Act.
The Library is also seeking a technical correction to the statute authorizing the
revolving fund for duplication services, which would clarify the inclusion of film as well as
audio and video duplication.
- Cook Class Action Discrimination Case
The Library took another step forward to settle a longstanding class-action
discrimination suit filed against it by Howard Cook and others in 1975. On January 18,