[House Report 106-768] [From the U.S. Government Publishing Office] 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. * * * * * * *