****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 3, Number 5 January 31, 1994 In this issue: (335 lines) PRESIDENT'S STATE OF THE UNION MESSAGE NTIS REGULATIONS PLACE RESTRICTIONS ON GOVERNMENT INFORMATION ORGANIZATION OF THE CONGRESS MEETING OF THE ADVISORY COUNCIL ON THE NII UPCOMING HEARINGS *************************************************************************** PRESIDENT'S STATE OF THE UNION MESSAGE President Clinton's State of the Union address on January 25 outlined the past accomplishments of the Administration and presented issues such as, unemployment, welfare reform, health care, foreign policy, and crime. In addition, information, libraries, and books warranted acknowledgment in a State of the Union address. He asked Congress "to continue the journey of renewal." Clinton acknowledged Vice President Gore's efforts to reinvent government and said, We must also work with the private sector to connect every classroom, every clinic, every library, [and] every hospital in America into a national information superhighway by the year 2000. Think of it, instant access to information will increase productivity. It will help to educate our children. It will provide better medical care. It will create jobs. And I call on the Congress to pass legislation to establish that information superhighway this year. In his closing remarks, Clinton spoke to all Americans. He said, "...let's give our children a future. Let us take away their guns and give them books." In times of budget cuts, the President was cautious in saying where funds for reform programs would come from. Library supporters need to pay close attention to the Administration's full budget proposal that is expected to be released on February 7. *************************************************************************** NTIS REGULATIONS PLACE RESTRICTIONS ON GOVERNMENT INFORMATION The National Technical Information Service published final regulations in the January 3 _Federal Register_, pp. 6-12, that place restrictions on the use of NTIS databases in depository libraries. The final rule on the transfer of scientific, technical and engineering information to NTIS contains a new set of provisions under which NTIS promises to distribute two NTIS databases to depository libraries "on the condition that they agree to ensure that online access to the NTIS listing...is restricted to the Library and its staff and that the full text provided online...are available only to the community served by that Library." These provisions, for which no opportunity for public comment was provided, appear to contradict the law governing the Depository Library Program and the Office of Management and Budget's Circular A-130 by restricting the use and reuse of government information. Specifically, NTIS states that it will -- "in order to facilitate cooperation between agencies and the Depository Libraries" -- (1) provide each Depository Library at no charge, online access to a current list of all final STEI products provided to NTIS under these regulations that have been entered into the NTIS system. (2) allow each Depository Library thirty days from the date a product is added to the online listing to identify a product that it wishes to receive and that has not otherwise been made available to it. (3) accumulate these requests and, within a reasonable time, transfer them to the originating agency for fulfillment of each of the identified products. (4) offer to enter, in lieu of the above procedures, into simple cost recovery arrangements with the originating agency to duplicate and ship the identified products to the requesting libraries in the format that the agency determines to be most cost effective, including microfiche, paper, diskette, or disc. (5) establish, as soon as practical, a system of full text online access to final STEI products for the Depository Libraries at no charge to them. Those final STEI products provided to NTIS in a format prescribed by NTIS as suitable for online dissemination under this system will be made available to the Libraries at no charge to the originating agency, will be maintained online indefinitely, and will be available to the Libraries without regard to the thirty day selection time. (6) provide these services to Depository Libraries on the condition that they agree to ensure that online access to the NTIS listing...is restricted to the Library and its staff and that the full text products provided online are available only to the community served by that Library. While NTIS may improve public access to some scientific and technical information, by law agencies are required to make virtually every kind of published government information available to GPO's Depository Library Program (44 U.S.C. 1902 and 1903). Publications are to be made available by depositories "for the free use of the general public" (44 U.S.C. 1911). There is no provision in the American Technology Preeminence Act (which NTIS cites as the statutory authority for their regulations) which establishes a depository distribution requirement for NTIS, permits NTIS to assume depository distribution responsibilities assigned to GPO and federal agencies, or exempts agencies from compliance with the requirements of chapter 19 of Title 44 with respect to scientific, technical and engineering information. In the comments section preceding the final rule (p. 9), NTIS was frank about the reason for the restrictions it imposed on depository use of its databases: "The new regulations will also obligate DL's to protect the information provided to them (Section 1180.11(d)(6)). This is important because the improper disclosure of this valuable information could seriously erode NTIS's ability to operate on a self-sustaining basis. For example, improper dissemination of the list of products could significantly reduce the rental value of NTIS's bibliographic database as an income- producing asset." No such restrictions on government information are permitted in the law governing depository libraries. Additionally, OMB Circular A-130 directs agencies to "avoid establishing restrictions or regulations, including the charging of fees or royalties, on the reuse, resale, or redissemination of Federal information dissemination products by the public" (58FR36072). When ALA past president Marilyn Miller commented on NTIS' proposed regulations announced in the May 11, 1993 _Federal Register_, pp. 27681-4, she made several comments on the proposed rules. Although ALA supported NTIS in its efforts to provide government information to libraries and the general public, Miller expressed concern about agency noncompliance with the GPO depository requirements. She was also concerned about the exceedingly broad definition of "scientific, technical and engineering information." The definition in the final regulations remains extremely broad and includes: "Information that bears on business and industry generally, such as economic information, market information and related information, if the agency determines such information would be of value to consumers of the information" described in another paragraph as "basic and applied research that results from the efforts of scientists and engineers in any medium...." Several comments expressed by Miller and other library associations were acted on and included in the January 3 final rule. The regulations state the regulations do not exempt an agency from following compliance requirements to distribute publications through the Depository Library Program. Miller also called for "co-operation not competition," procedures for facilitating cooperation between NTIS, federal agencies, and depositories. The regulations are effective February 1. For further information, contact Donald Corrigan at 703-487-4636. *************************************************************************** ORGANIZATION OF THE CONGRESS In December 1993, the final report of the Joint Committee on the Organization of the Congress was issued in four parts: a Senate report (No. 130-215, Vol. 1); a House report (No. 130-413, Vol. 1); a policy report in one volume that analyzes the major reorganization issues considered by the Joint Committee, summarizes the hearings, and includes results of symposiums and surveys of Members and staff (S.Rept. No. 103-215, Vol. II and H.Rept. No. 103-413, Vol. II); and a volume of background materials and memoranda (number unknown). The House and Senate are making varying recommendations to their colleagues for reforming Congress. Both the House and Senate reports contain draft legislation that can be expected to be introduced after Congress reconvenes in late January. Of particular interest to the library community are the recommendations about the Government Printing Office, the Depository Library Program and the Joint Committee on Printing, which for some 150 years has overseen the policies and operations of federal printing and dissemination activities. Both the Senate and House reports emphasize there will be widespread budgetary constraints and staff reductions in the legislative branch over the next decade. The Senate proposal: (1) Abolishes the four congressional joint committees, including the Joint Committee on Printing and the Joint Committee on the Library; transfers JCP administrative responsibilities to the Public Printer; and transfers GPO oversight to the Senate Rules and House Administration Committees. (2) Establishes 3 deputy public printers: one each for legislative, executive, and judicial printing. President nominates and Senate confirms each of these positions. (4) Repeals the permanent authorization for GPO, the Congressional Research Service, the Office of Technology Assessment, and the General Accounting Office. Congress would enact authorizations of 8 years for each. (5) Permits federal agencies to produce or procure any printing order valued at $1,500 or less. Most of the work procured by GPO for federal agencies is valued at less than $1,500 (in 1993, more than 70 percent of GPO's print orders were under $1,500). (6) Requires agencies to print additional copies for depository distribution. However, agency compliance with the current law to supply copies of publications for depository distribution is dismal when the publications are printed outside GPO. The House proposal: (1) Abolishes the Joint Committee on Printing and the Joint Committee on the Library and transfers most of their functions to a proposed Joint Committee on Information Management. The new Joint Committee would coordinate information management for Congress, establish standards and policies for information technology in Congress, and ensure public dissemination of executive branch information. (2) Provides that the full text of bills, amendments, reports, Congressional Budget Office cost estimates, General Accounting Office reports, Office of Technology Assessment reports, Congressional Research Service reports and Issue Briefs, the Code of Federal Regulations, the annotated Code of Federal Regulations, the Congressional Record, and the Federal Register should be made available to all Members and congressional staff via computer no later than the beginning of the 105th Congress. (3) Provides that "appropriate legislative information" referred to above "should also be made available to the public and the Depository Libraries through a low-cost computer connection." (4) Recommends that the Congressional Budget Office be required to conduct a study of all federal user fees and the effects of inflation on any user fees since such fees were last adjusted. "Such a review is necessary because these fees have been set, in some cases, far in the past and have not been adequately adjusted to reflect modern price levels and costs of service." (5) Repeals the permanent authorization for congressional instrumentalities (including GPO) and recommends reauthorization on an 8- year cycle. (6) Wants appropriate committees to study means to assess feasibility of opening services to competitive bidding by the private sector. The services for which greater coordination is to be sought include library and research services, printing, recording, photography, tour guide services, folding and packaging, chaplains' services, flag offices, security and parking, legal services, bill drafting services, the Congressional Budget Office, computer services, and the operation of the Office of the Architect and maintenance of buildings and grounds. Congress can be expected to act quickly on the reform of Congress. The Senate Rules Committee is holding hearings February 3 and 10 on the recommendations of the Joint Committee on the Organization of Congress, among other things. ALA President Hardy Franklin was asked to testify on February 10; Katherine Mawdsley of the University of California, Davis, will substitute. *************************************************************************** MEETING OF THE ADVISORY COUNCIL ON THE NII The Advisory Council on the National Information Infrastructure (NII) will meet on February 10 from 1:00 pm to 4:00 pm at the Old Executive Office Building, Indian Treaty Room, Room 474, 17th Street and Pennsylvania Ave., NW, Washington, DC 20500. The Pennsylvania Avenue entrance should be used for entry. Those interested in attending should send their full name, date of birth, and social security number to the National Telecommunications and Information Administration (NTIA) by fax at 202-482-0979, or e-mail at nii@ntia.doc.gov. This information is required to meet security regulations and must be provided by 5 pm on February 8. The agenda includes welcoming remarks by the Vice President and the Secretary of Commerce, opening introductions and remarks by the NII Advisory Council Co-chairs, and briefings by the Information Infrastructure Task Force Committee Chairpersons. For more information, contact Sarah Maloney at 202-482-1835. *************************************************************************** UPCOMING HEARINGS The following hearings were announced in the _Congressional Record_ of January 28, 1994. Locations, dates, and times of hearings are subject to change. This week in the Senate Chamber, S. 1150, Education America Act (Goals 2000), is scheduled for floor action. SENATE COMMITTEE ON RULES AND ADMINISTRATION. Hearing on Title XIV of HR 3400, on provisions regarding the Government Printing Office contained in Title XIV of the National Performance Review. Thursday, February 3, 9:30 am, SR-301. HOUSE COMMITTEE ON APPROPRIATIONS. Subcommittee on Labor-HHS-Education. ALA testifies. Thursday, February 3, 10:00 am, 2358 Rayburn. HOUSE COMMITTEE ON APPROPRIATIONS. Subcommittee on Legislative, on Joint Committee on Printing and Office of Technology Assessment. On the Library of Congress. Wednesday, February 2, 1:30 pm, H-301 Capitol. HOUSE COMMITTEE ON EDUCATION AND LABOR. Subcommittee on Elementary, Secondary, and Vocational Education. Mark up of HR 6, Elementary and Secondary Education Amendments of 1993 (ESEA). Tuesday and Wednesday, February 1 and 2, 9:30 am, 2175 Rayburn. HOUSE COMMITTEE ON ENERGY AND COMMERCE. Subcommittee on Telecommunications and Finance. Hearings on Communication Infrastructure. Tuesday, Wednesday, Thursday, February 1, 2, and 3, 9:30 am, 2322 Rayburn. HOUSE COMMITTEE ON THE JUDICIARY. Subcommittee on Economic and Commercial Law. Hearings to continue on HR 3626, Antitrust and Communications Reform Act of 1993. Wednesday, February 2, 10:00 am, 2141 Rayburn. *************************************************************************** *************************************************************************** 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: Carol C. Henderson (cch@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. The ALA-WO filelist contains the list of files with the exact filename and filetype. 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