****Begin File******************Begin File*******************Begin File**** *************************************************************************** ISSN 1069-7799 ALAWON ALA Washington Office Newsline An electronic publication of the American Library Association Washington Office Volume 2, Number 47 October 22, 1993 In this issue: (310 lines) OMB PLANS TO CONSOLIDATE POWER OVER FEDERAL INFORMATION *************************************************************************** OMB PLANS TO CONSOLIDATE POWER OVER FEDERAL INFORMATION The Office of Management and Budget is planning to open a new front in the century-old battle between Congress and the Executive Branch over who controls the production and dissemination of government information. The ALA Washington Office has obtained a portion of the draft legislation that OMB plans to include in the "October package" that contains the Administration's National Performance Review recommendations. The Administration hopes that Congress will pass this package by the time it adjourns close to Thanksgiving. This proposed legislation repeals the statutory authority of the Joint Committee on Printing to "use any measures it considers necessary to remedy neglect, delay, duplication, or waste in the public printing and binding and the distribution of Government publications" (44 U.S.C. 103). JCP is the Committee that has worked with the library and public interest communities for over 150 years to enact a series of laws, starting with the 1895 Printing Act and continuing with the GPO Access Act (PL 103-40), to protect the public's access to government information. JCP stood up to OMB during previous Administrations and insisted that government information continue to be distributed without charge to the public through depository libraries. The Government Printing Office, overseen by the JCP, would be dismantled and much of its responsibilities and functions shifted to OMB, the General Services Administration and individual federal agencies. Each agency would procure its own printing and be responsible for dissemination. There is no enforcement mechanism included to make agencies provide their information to the depository program, since 44 U.S.C. 1701 (GPO's authority to disseminate) is eliminated. This bill also includes transfer of the printing of the _Federal Register_ to the executive branch and knocks the Public Printer off the Administrative Committee of the _Federal Register_. It is quite likely that the _Federal Register_, and many other Executive Branch publications, would no longer be sold through GPO. The text of the draft OMB bill follows: Description of the Draft Bill, the "Government Information Dissemination and Printing Improvement Act of 1993" The National Performance Review recognized that public access to federal information should be enhanced. It also recommended improving the printing practices of Executive agencies. To accomplish these goals, the proposed legislation would: * incorporate the information dissemination policies contained in revised OMB Circular A-130, particular [sic] as they relate to expanding electronic information dissemination. * reaffirm the role of the depository library program. * promote the establishment of a Government Information Locator Service which is being designed, under the auspices of the Administration's Information Infrastructure Task Force, to enhance the ability of the public to identify and acquire government information dissemination products. * remove Executive branch printing from the GPO monopoly over a two-year transition period following enactment. * (During a two year transition period, GPO would remain the mandatory source for Executive branch printing as defined by the GSA regulations. However, during this period Executive agencies would be authorized to procure printing jobs up to $2500 through open bidding.) * give GSA responsibility for promulgating printing policy. * ensure that agency procurements of printing services are conducted in accordance with the Federal Acquisition Regulation using full and open competition to acquire the best value products and services. * permit GPO to compete for agency printing business on an equal basis. DRAFT BILL To further the goals of the National Performance Review to improve the dissemination and printing of government information. Section 1. Short Title. This Act may be cited as the "Government Information Dissemination and Printing Improvement Act of 1993". Section 2. Authority and Functions of the Director of the Office of Management and Budget The Director of the Office of Management and Budget (the Director) shall develop policies and practices for agency dissemination and sharing of public information to ensure that agencies-- (a) make information dissemination products available on timely, equitable and cost effective terms; (b) encourage a diversity of public and private information dissemination products; (c) avoid establishing, or permitting others to establish, exclusive, restricted, or other distribution arrangements that interfere with the availability of information dissemination products on a timely and equitable basis; and, (d) set user charges for information dissemination products no higher than sufficient to recover the cost of dissemination, except where required by statute or specifically authorized by the Director. Section 3. Authority and Functions of the Administrator for General Services (a) The Administrator of General Services shall provide overall policy direction for the acquisition of printing by executive agencies, and may promulgate government-wide regulations as appropriate. The authority conferred upon the Administrator by this section shall be exercised subject to direction by the President and to fiscal and policy control exercised by the Office of Management and Budget. Authority so conferred upon the Administrator shall not be construed so as to impair or interfere with the determination by agencies of their individual printing requirements. (b) To the extent practicable and appropriate, the policies promulgated by the Administrator for the acquisition of printing by executive branch agencies shall be consistent with the principles contained in the Federal Acquisition Regulation, promulgated pursuant to 41 U.S.C. 405a. (c) The policies promulgated by the Administrator pursuant to this section shall -- (1) ensure that the Government Printing Office has the opportunity to compete on an equal basis for agency printing acquisitions; and (2) reaffirm agency responsibilities to cooperate with the Superintendent of Documents with regard to the distribution of government publications to the depository libraries, as required by Chapter 19, title 44 United States Code. Section 4. Federal agency responsibilities. The head of each agency shall -- (a) promote public access to public information by establishing and maintaining systems for dissemination of information that -- (1) ensure that the public has timely and equitable access to the agency's public information and that the agency disseminates public information in an efficient, cost effective, and economical manner; (2) plan and budget for information dissemination at the time information is created or collected, and at other appropriate steps during the information life cycle; and, (3) establish and maintain a comprehensive inventory of significant public information holdings in accordance with guidance issued by the Director under Section 5 of this Act. (b) When providing for the dissemination and sharing of significant public information -- (1) to the greatest extent practicable, disseminate in usable electronic formats (in whole and in part, and along with such available software in which the government may have license rights, indices, and documentation) public information maintained in electronic formats; and (2) before taking any action to initiate, terminate, or significantly modify the dissemination of public information-- (A) solicit and consider public comments on the proposed action; and (B) provide notice to the Superintendent of Documents and otherwise comply with the requirements of section 1710, title 44 United States Code. (c) In determining how to fulfill its public information dissemination functions, consider-- (1) whether dissemination is required by law; (2) whether dissemination is necessary for the proper performance of the functions of the agency; (3) whether disseminating public information would assist in public oversight of agency operations or would promote the general social or economic welfare of the United States; (4) whether an information dissemination product available from other Federal or nonfederal sources is equivalent to an agency information dissemination produce [sic] and reasonably fulfills the dissemination responsibilities of the agency; (5) dissemination methods that will maximize the utility of the information to the public, including dissemination through the Superintendent of Documents to the depository libraries; and (6) the economy and efficiency of Government operations. (d) Establish fees and other dissemination arrangements in a manner consistent with the policies and practices developed by the Director under Section 2 of this Act. Section 5. Establishment and Operation of Government Information Locator Service In order to assist agencies and the public in locating information and to promote information sharing and equitable access by the public, the Director shall-- (a) cause to be established and maintained a distributed agency-based electronic Government Information Locator Service supported by agency inventory systems which identify significant public information holdings; (b) require each agency having significant information dissemination products to establish and maintain a comprehensive inventory of such products, and shall prescribe the minimum contents of such inventories, subject to any technical standards developed pursuant to subsection (c); and, (c) establish an interagency committee, in cooperation with the Secretary of Commerce, the Archivist of the United States, the Administrator of General Services, the Public Printer, and the Librarian of Congress, to develop such technical standards for agency inventory systems. Section 6. Transition to Executive Branch Printing (a) The Government Printing Office will remain the mandatory source for Executive agency printing needs for two years after the effective date of this Act. (b) Notwithstanding subsection (a), Executive agencies are authorized to obtain printing services under $2500 from commercial sources or other printing sources operated by Executive agencies during this period. Section 7. Technical and conforming amendments. (a) Section 103, title 44 United States Code, is repealed. (b) Section 312, title 44 United States Code, is amended by striking the word "Government" and inserting the words "Congress or the Judiciary (other than the Supreme Court), and GAO" in the first sentence of the section. (c) Section 313, title 44 United States Code, is amended by inserting the words "for the use of Congress or the Judiciary (other than the Supreme Court), and GAO," after the words "otherwise" in the first paragraph thereof. (d) Sections 501, 503, 504, 508, 509, 510, 512, 513, and 514, title 44 United States Code, are repealed. (e) Chapter 11, title 44 United States Code, is repealed in its entirety. (f) Section 1502, title 44 United States Code, is amended by striking the words "and, together with the Public Printer," after the words "custody" in the first section. (g) Section 1503, title 44 United States Code, is amended by striking the sixth sentence, which reads, "The Office shall transmit immediately to the Government Printing Office for printing, as provided by this chapter, one duplicate original or certified copy of each document required or authorized to be published by section 1505 of this Title." (h) Section 1504, title 44 United States Code, is repealed. (i) Section 1506, title 44 United States Code, is amended by striking the words "Public Printer or Acting Public Printer," with "Administrator of GSA or his or her designee." (j) Section 1701, title 44 United States Code, is repealed. *************************************************************************** *************************************************************************** ALAWON (ISSN 1069-7799) is an irregular publication of the American Library Association Washington Office, 110 Maryland Avenue, N.E., Washington, DC 20002-5675. Internet: alawash@alawash.org; Phone: 202-547-4440; Fax: 202-547-7363. Editor and List Owner: Fred King (fdk@alawash.org). All or part of ALAWON may be redistributed, with appropriate credits. ALAWON is available free of charge and is available only in electronic form. To subscribe, send the message "subscribe ala-wo [your name]" to listserv@uicvm (Bitnet) or listserv@uicvm.uic.edu (internet). Back issues and other documents are available from the list server. To find out what's available, send the message "send ala-wo filelist" to the listserv. 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