[This message has been sent to AALL members and the Law-Lib listserv; please
excuse the duplication]
September 29, 1998
Twelve members of the Senate Committee on Rules and Administration met last
evening and by voice vote approved the Chairman's mark to S. 2288, the
"Wendell H. Ford Government Publications Reform Act of 1998." Yesterday's
last-minute grassroots effort was tremendous, and a big THANK YOU to
everyone who took a few minutes from a busy day to make that important call
or to fax a quick letter to your Senator on the Rules Committee!
Two committee members, Sen. Jesse Helms (R-NC) and Sen. Kay Bailey Hutchison
(R-TX), voiced dissent. Four committee members were absent: Sen. Rick
Santorum (R-PA), Sen. Don Nickles (R-OK), Sen. Trent Lott (R-MS), and Sen.
Robert Torricelli (D-NJ). Lott's schedule prevented his attending the
mark-up, and Torricelli was out of town.
With the exception of Helms and Hutchison, all other Committee members
voiced support for S. 2288. It is very important that you follow up as soon
as possible so that the Committee members whom you contacted yesterday know
that you appreciate their support, and that enactment of S. 2288 is very
important to the citizens of your state.
Your help has been crucial in getting this important legislation favorably
reported out of the Committee, and it is needed now more than ever to get S.
2288 enacted this year. We must overcome heavy opposition from those, like
Xerox and other information technology companies, who rely on the sale of
products to federal agencies and therefore want to see the status quo
continue.
When S. 2288 goes to the Senate floor, the debate will center on the
public's right to government information versus the status quo. We all know
that the status quo is simply not good enough. There are an increasing
number of "fugitive documents"; more and more government agencies are
entering into cooperative arrangements with the private sector that
circumvent the depository library program; and there is no government-wide
policy to provide permanent public access to Web-based government
publications.
Of special importance to AALL members is that--if we are successful--the new
S. 2288 definition of "Government publication" will include opinions of the
lower Federal courts. Another provision will require the Administrative
Office of the U.S. Courts to provide no-fee public access to the Public
Access to Court Electronic Records system (PACER) for the new Federal
publications access libraries.
ACTION NEEDED NOW--URGE YOUR SENATORS TO CO-SPONSOR S. 2288 AND TO VOTE FOR
ITS PASSAGE
The Senate report on S. 2288 could be filed as early as this Thursday, which
means that the bill could reach the Senate floor by the middle of next week.
The best means of lobbying at this point is a short faxed letter to both
your Senators.
Frame your core message on public access to government publications v. the
financial interests of a few companies and the unacceptable status quo. You
are the surrogates for the American public, and you need to speak loudly on
their behalf. In addition to a short faxed letter based on the following
talking points, PLEASE forward this alert to as many other individuals or
listservs as you can, including library colleagues; faculty; professional,
public interest and community organizations; or even chat rooms. We need to
generate broad public interest and support for this legislation so that
Senators hear from as many of their constituents as possible.
Thank you,
Mary Alice Baish
Assistant Washington Affairs Representative
American Association of Law Libraries
Member, Inter-Association Working Group on Government Information Policy
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Additional information about S.2288 is available from the Inter-Association
Working Group on Government Information Policy Web site at
http://www.lib.berkeley.edu/IAWG.
SUGGESTED TALKING POINTS:
* S. 2288 is good government policy. It improves public access to government
information which we believe the government has an affirmative obligation to
provide. It reaffirms the principle that our democracy is based on the right
of all American citizens to participate in their government.
* The basic law governing the printing and dissemination of government
publications has not been changed in 103 years--much of the current law
dates back to the Printing Act of 1895.
S. 2288 provides much-needed reforms to bring the law up-to-date and to make
it relevant in today's world of new electronic technologies.
* S. 2288 will bring Title 44 and the Federal Depository Library Program
into the electronic age. The convergence of technological innovation coupled
with a lack of compliance with current Title 44 together create barriers to
the public's ability to locate and use the government information they need.
* S. 2288 will resolve the "fugitive documents" problem and stop the erosion
of public access to government publications taking place under the current
law. The bill will ensure that the public has access to government
publications created and produced at taxpayer expense from all three
branches of government--including the Federal courts.
* S. 2288 will ensure that electronic government publications are preserved
and permanently available for current and future users. This will address
the current loss of government information taking place on a daily basis as
agencies delete files from their Web sites and file servers without first
providing for ongoing, permanent public access.
* Those groups who oppose S. 2288 are doing so for their financial gain and
to preserve the status quo. This is unacceptable and contrary to the public
good derived from the free flow of government information to all Americans.
Members of the 105th Congress have the opportunity and the responsibility to
support S. 2288 for the benefit of their constituents and all American
citizens.
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