ACRL College & Research Libraries News

College & Research Libraries News

Washington Hotline

Lynne E. Brad ley and Patrice McDermott

Presidential Records Act

HR 4187, a bill to nullify President Bush’s November 2001 Executive Order 13233, “Further Implementation of the Presidential Records Act,” was introduced on April 11 by Representative Stephen Horn (R-California). The original Presidential Records Act of 1978 declared that the official records of a former president belong to the American people. It gives custody of those records to the Archivist of the United States and imposes upon the archivist “an affirmative duty to make such records available to the public as rapidly and completely as possible consistent with the provisions of this Act.”

The first presidential records to come under the act, and which should have become publicly available in February 2001, are those of former President Ronald Reagan. For much of last year, their release was delayed by the current administration. On November 1, 2001, President Bush issued an Executive Order to govern the review of a former president’s records for possible executive privilege claims. The Executive Order asserts an extremely expansive view of the scope of that privilege and takes virtually all authority for release of the records away from the archivist.

HR 4187 would nullify the Executive Order and set procedures for former and incumbent presidents to make claims of executive privilege. The bill limits claims of executive privilege to incumbent presidents and living former presidents only. Claims can not be made by any vice president nor by any designee of a former president.

ALA is on record as opposing Executive Order 13233 and calling on Congress to amend the Presidential Records Act as necessary to reaffirm the intent of Congress that presidential records be made generally available to the public with limited statutory restrictions by the end of 12 years. ACRL and

Lynne E. Bradley is Office of Government Relations director of ALA's Washington Office, e-mail: leb@alawash.org and Patrice McDermott is assistant director of ALA's Office of Government Relations, e-mail: pmcdermott@alawash.org other library advocates are asked to urge their representatives to fully support HR 4187.

Academic libraries and LSTA

The current Library Services and Technology Act (LSTA, also called the Museum and Library Services Act, HR 3784), must be reauthorized this year. LSTA reauthorization usually occurs every five years when Congress approves and sets levels of funding level for the program. HR 3784 has been passed by committee and is headed for a House floor vote.

All types of libraries are impacted by LSTA through the national leadership grants and the state-based funding distributed by state library agencies for networks and other library projects. ACRL members and other library supporters should contact their representatives to ask for full support during the House floor vote. Ask Senators to cosponsor legislation now being developed.

Appropriations for LSTA

While ALA is asking for an authorizing level of $500 million for the new LSTA for each of the next five years, we must still conduct annual appropriations battles. ALA has requested Congress to appropriate $500 million for FY 2003 to meet the needs of library users in all types of libraries across the country. The administration’s proposal would fund programs at $181.7 million. Ask your representatives and senators to support full funding for LSTA.

The "Teach" Act

Libraiy supporters should ask House members to pass S.487, the Technology Education and Copyright Harmonization (TEACH) Act. S. 487 passed the Senate in June 2001 and updates the distance education provisions of the Copyright Act to account for advancements in digital transmission technologies for distance learning. ACRL members are asked to contact the House Judiciary Committee, and then the full House, to pass this important legislation, which has been held up to leverage passage of other legislation. Let’s get this bill out of committee and passed by Congress.

Other hot issues in Congress include privacy bills, and database and digital rights management proposals. Watch for further reports or subscribe to the electronic newsline, ALAWON. To subscribe, send the message: subscribe ala-wo [your_firstname] [your_lastname] to listproc@ala.org. ■