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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 public services.
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. Libraryrequested 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.
The 106th Congress passed four important pieces of authorizing legislation that improve the Library's financial management and further support the Library's national mission.
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. 106474, 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. 106380, 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,