College & Research Libraries News


Carol C. Henderson Deputy Director, ALA Washington Office

(202) 547-4440; ALA0070

HEA. The House passed the Higher Education Act reauthorization bill, HR 3700, on December 4 by a good margin, 350-67. The library provisions follow very closely the ALA recommendations developed by ACRL. The Education and Labor Committee, in its report (H. Rept. 99-383), said it “is indebted to the academic library community for its extraordinary efforts to work together on the development of the 'needs criteria’ for II-A grant programs,” and said Congress “may now feel more favorably disposed toward appropriating adequate funds for II-A college resource programs in the future.”

See the vote in the December 4 CONGRESSIONAL RECORD, p. H10803 (daily edition), and thank your Representative if he or she voted for HR 3700. Thanks to those who wrote in response to earlier C&RL NEWS appeals or ACRL memos; letters to Senators are still needed.

HEA II-C Regs. The Department of Education issued final regulations amending the Higher Education Act II-C Strengthening Research Library Resources program procedures in order to reduce paperwork. An applicant, having once established eligibility as a major research library, will retain eligibility for four years during which time only information on its proposed project would be needed for competition for grants. See the November 22 FEDERAL REGISTER, pp. 48190-91, or contact Louise Sutherland, USED, 400 Maryland Ave., SW, Rm. 725-G, Brown Bldg., Washington, DC 20202-1630 (202-254-5090).

Fair Labor Standards. Libraries in public colleges and universities may be affected by new amendments (PL 99-150, November 13) to the Fair Labor Standards Act. A Supreme Court ruling in February in GARCIA v. SAN ANTONIO METROPOLITAN TRANSIT AUTHORITY had the effect of extending FLSA to almost all public employees. The new amendments reverse some of those implications for public employers.

For hours beyond 40 per week, compensatory time off is allowed at the time-and-a-half rate instead of additional monies. There is a limit of 240 hours of accrued comp, time for non-emergency, non-seasonal employees. Volunteers may be provided nominal fees, expenses or reasonable benefits without being considered employees for FLSA purposes. The effective date of the new amendments is April 15, 1986, but the payment exemptions are retroactive to February 19, 1985, so that employers would not be liable in the interim. There is no change in the FLSA minimum wage requirements.

The College and University Personnel Association has been providing information on this issue to its members. Contact your campus personnel officer or legal counsel for additional information.

Technical Literature. The Senate passed November 23 the Japanese Technical Literature Act, S. 1073, directing the Commerce Department, mainly through its National Technical Information Service, to: establish a program to monitor Japanese technical information and translate selected Japanese technical documents; report annually on Japanese technical developments; publish an annual index of government translations; and encourage more U.S. companies and trade associations to review Japanese technical literature.

The Senate Commerce Committeee report (S. Rept. 99-175) indicates the bill is designed to address the fact that some of the most advanced technological developments now take place in other countries, especially Japan, and that lack of information due to barriers of access, language, cost, and insufficient coordination among government programs can damage U.S. companies’ ability to compete. S. 1073 was introduced by Sen. Max Baucus (D-MT); a pending House companion bill has been introduced by Rep. Norman Mineta (D-CA) — HR 3831.

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