Federal - HR 5305

A bill to amend title 44, United States Code, to ensure the availability of no-fee public access to government information, to reform the Federal Depository Library Program, to authorize the activities of the Superintendent of Documents, and for other purposes.

Introduced

March 15, 2018

Description

A bill to amend title 44, United States Code, to ensure the availability of no-fee public access to government information, to reform the Federal Depository Library Program, to authorize the activities of the Superintendent of Documents, and for other purposes.

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Original Sponsor 1

Co-Sponsors 8

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  • April 12, 2018 — Full committee consideration and markup held by the House Administration Committee.

    April 12, 2018 — Committee Vote: Federal Depository Library Program — Substitute Amendment
      Harper, R-Miss. —

    Substitute amendment that would:

    • Stipulate that a change in public access to an information dissemination product means terminating production, eliminating production or availability in tangible form or otherwise limiting public access to electronic means.
    • Require the superintendent of documents to notify the public within 10 days of receiving notification from a federal official regarding possible changes to public access to any recorded information disseminated by a federal office to the public.
    • Prohibit a federal government office from making a change in public access to a product until the expiration of the 70-day period which begins the day the leader of the office notifies the superintendent of its intent to make the change.
    • Allow libraries located in the District of Columbia or territories designated as a federal depository library, at its request, to be redesignated as a regional depository library if its congressional delegate or resident commissioner make such a recommendation to the superintendent.
    • Allow the GPO director to create regulations to implement any part of the bill and to review the regulations in consultation with the federal depository libraries. It would require the director to ensure that any regulation created is retained permanently in GPO's records and fully accessible to the public.

    Substitute amendment that would:

    • Stipulate that a change in public access to an information dissemination product means terminating production, eliminating production or availability in tangible form or otherwise limiting public access to electronic means.
    • Require the superintendent of documents to notify the public within 10 days of receiving notification from a federal official regarding possible changes to public access to any recorded information disseminated by a federal office to the public.
    • Prohibit a federal government office from making a change in public access to a product until the expiration of the 70-day period which begins the day the leader of the office notifies the superintendent of its intent to make the change.
    • Allow libraries located in the District of Columbia or territories designated as a federal depository library, at its request, to be redesignated as a regional depository library if its congressional delegate or resident commissioner make such a recommendation to the superintendent.
    • Allow the GPO director to create regulations to implement any part of the bill and to review the regulations in consultation with the federal depository libraries. It would require the director to ensure that any regulation created is retained permanently in GPO's records and fully accessible to the public.
    • Adopted by voice vote.

      April 12, 2018 — Committee Vote: Federal Depository Library Program — Vote to Report

      Restructure the Federal Depository Library Program, which provides government information to libraries that partner with the Government Publishing Office and federal offices, to expand public access to such information.

      It would require the GPO director to appoint a superintendent of documents to administer the GPO programs which provide no-fee public access to federal information dissemination products.

      The bill would require the superintendent to create a comprehensive national collection of information dissemination products. With limited exceptions, it would require the superintendent to provide permanent public access to all of the products in the collection via either an online repository set up by the GPO; the Federal Depository Library Program; or methods created for access to products in incompatible formats. It would allow the public to obtain such information products free of charge.

      It would bar the superintendent from providing public access to a product included in the collection if any of the following applies:

      • The product is a cooperative one which must necessarily be sold in order to be self-sustaining unless the applicable federal official agrees to allow the product to be made available to the public.
      • The product contains information which if disclosed would constitute a clear invasion of privacy.
      • Prohibiting public access to the product would be necessary to comply with current law.

      However, it would allow public access to certain products which an office disseminates electronically to the public at no cost or those consisting of a standard which has been incorporated into the Code of Federal Regulations.

      If a federal government office produces or procures an information dissemination product, it would direct the applicable federal official to furnish it to the superintendent for inclusion in the national collection at certain prices. If the product is in electronic form which the office involved disseminates to the public at no cost or at an appropriate price for any other product, but not to exceed the actual cost it took to produce it by the office.

      In furnishing a product to the superintendent, it would require the official to notify the superintendent of digital versions of the product for cataloguing, indexing, identifying and performing other duties related to classifying those products.

      If a product is not compatible with the GPO's electronic systems and it is not practicable to make the product compatible, it would require the official to provide the superintendent with information on where the product's content is held and how the superintendent can access it. It would direct the superintendent to determine the best method to catalog, provide public access to and preserve a product which is incompatible.

      As amended, the legislation would stipulate that a change in public access to an information dissemination product means terminating production, eliminating production or availability in tangible form or otherwise limiting public access to electronic means. It would require the official to immediately notify the superintendent of a federal office's intent to change the public access to a product within the national collection so the superintendent cane come up with a new way for the public to access it.

      As it relates to notifications of a change in public access for those products, it would require the superintendent of documents to notify the public within 10 days of receiving notification from a federal official regarding possible changes to public access to any recorded information disseminated by a federal office to the public.

      As amended, the measure would bar a federal government office from making a change in public access to a product until the expiration of the 70-day period which begins the day the leader of the office notifies the superintendent of its intent to make the change.

      It would require the GPO director to create and operate an information system and online repository in which the public could obtain for free products which are included in the national collection. As much as possible, it would require the repository to provide users with access to products in open, machine-readable and non-proprietary formats. It would stipulate that the director could allow for the preservation for permanent public access for products in the repository and ensure, as much as practicable, that each product in the repository is authentic, complete and unaltered.

      The bill would update the way that libraries deal with products under the Federal Depository Loan Program Depository Program.

      A depository library would be considered as such if they allow the public to have free access to the products electronically as well as having sufficient library staffers to help the public with their needs. A selective depository library would be as such if they agree to allow for access to those products, have sufficient staffers, maintain certain tangible products, keep the tangible collection for at least five years and work with a regional depository library on the maintaining a regional collection of tangible products.

      It would allow any member of Congress to recommend that a depository library be designated as a selective one. A regional depository library would be considered as such if it allowed access to those products, have sufficient staffers. provide access to all products regardless of their format and work with selective depository libraries to maintain access to the national collection within a region. As amended, it would allow any senator, delegate or resident commissioner to recommend that a selective depository library be redesignated as a regional one. A preservation depository library would be considered as such if it agreed to help the superintendent in preserving all or some of a national collection, regardless of the format.

      The bill would require the superintendent to create regulations to establish criteria for agreements between the regional and elective depository libraries, limit the number of regional libraries located in a state to two and provide for the designation of at least two regional libraries in each census region.

      The bill would allow the director to operate a program for the sale of information dissemination products to the public. It also would allow the director to offer products for sale in any format with limited exceptions. It would bar the director from offering any product for sale if it is confidential in nature. As part of the sales program, the bill would authorize the director to resell the products by book dealers and other commercial vendors.

      The measure would require the director to create rules and regulations for the program. In addition, it would require any new rules to be reviewed every three years. As amended, specify that the director, when creating and reviewing the regulations would consult with the federal depository libraries. It would require the director to ensure that any regulation created is retained permanently in GPO's records and fully accessible to the public.

      The bill would take effect in the first fiscal year after the date of the bill's enactment.

      Restructure the Federal Depository Library Program, which provides government information to libraries that partner with the Government Publishing Office and federal offices, to expand public access to such information.

      It would require the GPO director to appoint a superintendent of documents to administer the GPO programs which provide no-fee public access to federal information dissemination products.

      The bill would require the superintendent to create a comprehensive national collection of information dissemination products. With limited exceptions, it would require the superintendent to provide permanent public access to all of the products in the collection via either an online repository set up by the GPO; the Federal Depository Library Program; or methods created for access to products in incompatible formats. It would allow the public to obtain such information products free of charge.

      It would bar the superintendent from providing public access to a product included in the collection if any of the following applies:

    • The product is a cooperative one which must necessarily be sold in order to be self-sustaining unless the applicable federal official agrees to allow the product to be made available to the public.
    • The product contains information which if disclosed would constitute a clear invasion of privacy.
    • Prohibiting public access to the product would be necessary to comply with current law.
    • However, it would allow public access to certain products which an office disseminates electronically to the public at no cost or those consisting of a standard which has been incorporated into the Code of Federal Regulations.

      If a federal government office produces or procures an information dissemination product, it would direct the applicable federal official to furnish it to the superintendent for inclusion in the national collection at certain prices. If the product is in electronic form which the office involved disseminates to the public at no cost or at an appropriate price for any other product, but not to exceed the actual cost it took to produce it by the office.

      In furnishing a product to the superintendent, it would require the official to notify the superintendent of digital versions of the product for cataloguing, indexing, identifying and performing other duties related to classifying those products.

      If a product is not compatible with the GPO's electronic systems and it is not practicable to make the product compatible, it would require the official to provide the superintendent with information on where the product's content is held and how the superintendent can access it. It would direct the superintendent to determine the best method to catalog, provide public access to and preserve a product which is incompatible.

      As amended, the legislation would stipulate that a change in public access to an information dissemination product means terminating production, eliminating production or availability in tangible form or otherwise limiting public access to electronic means. It would require the official to immediately notify the superintendent of a federal office's intent to change the public access to a product within the national collection so the superintendent cane come up with a new way for the public to access it.

      As it relates to notifications of a change in public access for those products, it would require the superintendent of documents to notify the public within 10 days of receiving notification from a federal official regarding possible changes to public access to any recorded information disseminated by a federal office to the public.

      As amended, the measure would bar a federal government office from making a change in public access to a product until the expiration of the 70-day period which begins the day the leader of the office notifies the superintendent of its intent to make the change.

      It would require the GPO director to create and operate an information system and online repository in which the public could obtain for free products which are included in the national collection. As much as possible, it would require the repository to provide users with access to products in open, machine-readable and non-proprietary formats. It would stipulate that the director could allow for the preservation for permanent public access for products in the repository and ensure, as much as practicable, that each product in the repository is authentic, complete and unaltered.

      The bill would update the way that libraries deal with products under the Federal Depository Loan Program Depository Program.

      A depository library would be considered as such if they allow the public to have free access to the products electronically as well as having sufficient library staffers to help the public with their needs. A selective depository library would be as such if they agree to allow for access to those products, have sufficient staffers, maintain certain tangible products, keep the tangible collection for at least five years and work with a regional depository library on the maintaining a regional collection of tangible products.

      It would allow any member of Congress to recommend that a depository library be designated as a selective one. A regional depository library would be considered as such if it allowed access to those products, have sufficient staffers. provide access to all products regardless of their format and work with selective depository libraries to maintain access to the national collection within a region. As amended, it would allow any senator, delegate or resident commissioner to recommend that a selective depository library be redesignated as a regional one. A preservation depository library would be considered as such if it agreed to help the superintendent in preserving all or some of a national collection, regardless of the format.

      The bill would require the superintendent to create regulations to establish criteria for agreements between the regional and elective depository libraries, limit the number of regional libraries located in a state to two and provide for the designation of at least two regional libraries in each census region.

      The bill would allow the director to operate a program for the sale of information dissemination products to the public. It also would allow the director to offer products for sale in any format with limited exceptions. It would bar the director from offering any product for sale if it is confidential in nature. As part of the sales program, the bill would authorize the director to resell the products by book dealers and other commercial vendors.

      The measure would require the director to create rules and regulations for the program. In addition, it would require any new rules to be reviewed every three years. As amended, specify that the director, when creating and reviewing the regulations would consult with the federal depository libraries. It would require the director to ensure that any regulation created is retained permanently in GPO's records and fully accessible to the public.

      The bill would take effect in the first fiscal year after the date of the bill's enactment.

      Ordered reported favorably to the full House (as amended) by voice vote.

  • March 21, 2018 — Full committee consideration and markup postponed by the House Administration Committee.

  • March 20, 2018 — Additional cosponsor(s): 1

    Smith, Adrian (R-Neb.)
  • March 15, 2018 — Original cosponsor(s): 7

    Brady, R. (D-Pa.)Lofgren, (D-Calif.)Walker, (R-N.C.)
    Comstock, (R-Va.)Loudermilk, (R-Ga.)
    Davis, R. (R-Ill.)Raskin, (D-Md.)
  • March 15, 2018 — Read twice and referred to: House Administration, House Oversight and Government Reform.Congressional Record p. H1651