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Free Government Information (FGI) is a place for initiating dialogue and building consensus among the various players (libraries, government agencies, non-profit organizations, researchers, journalists, etc.) who have a stake in the preservation of and perpetual free access to government information. FGI promotes free government information through collaboration, education, advocacy and research.

Legislative Revisions to Title 44 U.S.C., Chapter 19 re the FDLP

A new Congress has begun, and that means another shot at “modernizing” the Federal Depository Library Program (FDLP), which hasn’t seen any new and substantive legislative change since the 1993 GPO Access Act. Here at FGI, we’re busy pouring over GPO’s proposed legislative revisions for Title 44 along with Depository Library Council’s feedback to GPO. We plan to submit feedback and recommendations to GPO and you can too! You have until March 5, 2021 to submit feedback via GPO’s form. Do it today!

Recommendations from the DLC to GPO – including Digital Deposit!

Happy holidays from FGI! Seeing as many are not at work or checking their email, you might have missed that Depository Library Council recently released their recommendations to GPO. Under the tree this year is a recommendation to create a digital deposit working group! We’ve been talking for over a decade about the need for digital deposit – whereby GPO would actually deposit digital files to libraries just as they do currently with paper documents. Digital deposit will ensure the preservation and access of digital government information disseminated by GPO and allow libraries to continue to build collections for their designated communities. This is a huge step forward!

Recommendation #3: Council recommends the creation of a working group to explore current and future needs related to digital deposit – both dissemination of content and acceptance of content by GPO. At a minimum, two appropriate members of GPO staff, two members of DLC, and two members of the FDLP community should be appointed to serve on the Digital Deposit Working Group for one year. Composition of the working group should be chosen by DLC in consultation with GPO staff. The Working Group should report findings and recommendations – either initial or final – at the Fall 2019 FDLP annual meeting.

Justification: Council believes that such a Digital Deposit Working Group is a critically important and inclusive step in reaching consensus on how federal information in digital forms should be disseminated to and amongst the FDLP community for the benefit of all our users.

Modernizing the FDLP Modernization Act

The so-called FDLP Modernization Act of 2018 (H.R.5305) corrects many of the flaws of the 1993 law. It catches the law up to what it should have been in 1993 and conforms to current GPO practice. Specifically, it requires GPO to provide free access to digital content; it requires GPO to have a program of digital preservation; it changes the scope of GPO and FDLP with new definitions of “Information Dissemination Products” (IDPs) — a term used by OMB since 1996; and it requires GPO to abide by existing privacy laws (going back to 1974 and 2002).

These are welcome improvements, but they fall short of “modernizing” the law to the conditions of 2018 and beyond. A few small changes can go a long way to truly modernizing the law. These changes will create a collaborative, digital FDLP; guarantee long-term, no-fee access to government information insulated from federal political and economic pressures; and enhance services to users.

Suggested Changes

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FDLP Modernization Act of 2018 introduced. Take action now to improve the bill!

[UPDATE 3/21/2018: The CHA’s business meeting has been postponed to Thursday, April 12, 2018 at 11:00 am eastern. JRJ]

On March 15th, a bill to “modernize” the Federal Depository Library Program (FDLP) was finally introduced. There is good news and bad news.

H.R.5305 – FDLP Modernization Act of 2018

The good news is that the bill does provide much-needed improvement of the current law in the areas of privacy, preservation, and free access to government information. It also has very strong language that attempts to address the problem of fugitive documents (those documents that are within scope of the FDLP but do not make it into the program. For more on this issue, see “‘Issued for Gratuitous Distribution’ The History of Fugitive Documents and the FDLP”). It even allows digital deposit into Federal Depository Libraries (FDLs).

The bad news is, first, that the improvements noted above do not go far enough. They have loopholes that could easily make those good features little more than halfway solutions or empty promises. Second, (and this is a fatal flaw in the digital age) the bill not only fails to create a digital FDLP, it actually writes that failure into law.

Small changes to the text of the bill can correct most of these problems. But to get those changes into the bill, librarians will have to let Congress (and their lobbyists in the ALA Washington Office, ARL and AALL!) know that they want them. These improvements are essential because this law will affect both the free access to and the preservation of government information for the coming decades.

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2/22 draft Title 44 “reform” bill now available. Help us dig through it.

We got our hands on a copy of the 2/22 draft “GPO Reform Act of 2018.” So now we can read GPO’s comments on the draft alongside the actual draft. Please help us dig through and let us know where the potential roadblocks and poison pills are at. Our general working assumption is that chapter 5, the FDLP chapter, includes *some* good new pieces but largely sets in legislation how the FDLP has worked for the last 20 years. And chapters 1 and 3, the GPO “reform” chapters, contain a bunch of pieces that will restrict and/or decrease GPO’s budgets and operations to the point that it will negatively effect GPO’s ability to do any of the good items in chapter 5. Of course, we’re willing to be wrong on that assumption (but don’t think we are). The only question remaining to our minds is whether the main lobbying participants — ALA Washington Office, ARL, and AALL — are willing to support the bill (which will go a long way toward getting it over the finish line) *despite* gutting GPO. Let us know your thoughts.

GPO just released its comments on the latest draft Title 44 “reform” bill dated February 22, 2018 (here’s a PDF copy saved to FGI’s servers for posterity).

via GPO posts comments to 2/22 draft Title 44 “reform” bill. Still replete w poison pills – Free Government Information (FGI).

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