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S. 2289 (is) To amend the Federal Rules of Criminal Procedure, relating to grand jury proceedings, and for other purposes. ...


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                                                       Calendar No. 719

105th CONGRESS

  2d Session

                                S. 2288

                          [Report No. 105-413]

_______________________________________________________________________

                                 A BILL

 To provide for the reform and continuing legislative oversight of the 
production, procurement, dissemination, and permanent public access of 
         the Government's publications, and for other purposes.

_______________________________________________________________________

             October 16 (legislative day, October 2), 1998

                       Reported with an amendment





                                                       Calendar No. 719
105th CONGRESS
  2d Session
                                S. 2288

                          [Report No. 105-413]

 To provide for the reform and continuing legislative oversight of the 
production, procurement, dissemination, and permanent public access of 
         the Government's publications, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 10, 1998

Mr. Warner (for himself, Mr. Ford, Mr. Reed, Mr. Reid, Mr. Roberts, Mr. 
 Inouye, and Mr. Chafee) introduced the following bill; which was read 
    twice and referred to the Committee on Rules and Administration

             October 16 (legislative day, October 2), 1998

               Reported by Mr. Warner, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To provide for the reform and continuing legislative oversight of the 
production, procurement, dissemination, and permanent public access of 
         the Government's publications, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    (a) Findings.--Congress makes the following 
findings:</DELETED>
        <DELETED>    (1) Senator Wendell H. Ford of Kentucky, who has 
        served four terms in the U.S. Senate beginning in 1974 and has 
        announced his retirement at the end of the 105th Congress, has 
        been a staunch advocate of the right of the American public to 
        have free and open access to the publications of their Federal 
        Government.</DELETED>
        <DELETED>    (2) Senator Ford has been a supporter and friend 
        to libraries and education all of his political life.</DELETED>
        <DELETED>    (3) Senator Ford has become a trusted and 
        effective Member of the U.S. Senate as evidenced by his 
        election by his peers to be Assistant Democratic Leader of the 
        Senate on two different occasions.</DELETED>
        <DELETED>    (4) As Governor of Kentucky, Wendell Ford 
        completely restructured and streamlined State government to 
        make it more responsive to the people and more effective in 
        providing services.</DELETED>
        <DELETED>    (5) As Governor of Kentucky, Wendell Ford moved 
        the Division of Archives and Records from the Department for 
        Finance and Administration to the Department of Libraries to 
        merge the State's two primary information agencies into one 
        department.</DELETED>
        <DELETED>    (6) As Governor of Kentucky, Wendell Ford 
        dramatically increased funding to all levels of education, and 
        as a U.S. Senator has always supported full funding for Library 
        Services and Construction Act and Library Services and 
        Technology Act programs.</DELETED>
        <DELETED>    (7) Senator Ford shaped and sponsored the National 
        Voter Registration Act to make it easier for citizens to 
        participate in their government by choosing their 
        leaders.</DELETED>
        <DELETED>    (8) Senator Ford, as a member of the Senate 
        Commerce Committee, was instrumental in ensuring that the 
        Telecommunications Act of 1996 included a provision that 
allows generous discounts for schools and libraries to connect with the 
Internet.</DELETED>
        <DELETED>    (9) Senator Ford has been a major proponent of 
        making Federal information accessible to the people through the 
        Federal Depository Library Program.</DELETED>
        <DELETED>    (10) Senator Ford has been a determined supporter 
        of the Government Printing Office and its information 
        dissemination programs, frequently safeguarding the resources 
        needed for the Federal Depository Library Program.</DELETED>
        <DELETED>    (11) Senator Ford cosponsored and supported S.J. 
        Res. 57, the National Policy on Permanent Paper, to promote the 
        use of permanent papers in printing Federal Government 
        publications of enduring value to the people.</DELETED>
        <DELETED>    (12) Senator Ford, through his leadership role on 
        the Senate Rules and Administration Committee and the Joint 
        Committee on Printing, improved the people's access to Federal 
        Government information by holding hearings on the issue of 
        ``fugitive documents'' in 1991.</DELETED>
        <DELETED>    (13) Senator Ford, through his leadership role on 
        the Senate Rules and Administration Committee and the Joint 
        Committee on Printing, was a prime mover in the passage of the 
        ``Government Printing Office Electronic Information Enhancement 
        Act of 1993,'' enabling GPO to move onto the electronic 
        information highway and to create an electronic storage 
        facility for electronic government information.</DELETED>
        <DELETED>    (14) Senator Ford, in recognition of his active 
        support for greater public access to Federal Government 
        information resources, received the James Madison Award from 
        the Coalition of Government Information in 1993.</DELETED>
        <DELETED>    (15) Senator Ford, in recognition of his lifelong 
        support of libraries and library programs, his dedication to 
        the principle of public access to Federal Government 
        information throughout his congressional career, and in honor 
        of his retirement from the U.S. Senate after twenty-four years 
        of distinguished service to his country and the people of the 
        United States, was awarded Honorary Membership in the American 
        Library Association on June 27, 1998.</DELETED>
        <DELETED>    (16) It is altogether fitting and proper that this 
        Act, the most comprehensive and far reaching proposal to ensure 
        permanent public access to the Government's publications, 
        regardless of form or format, to come before the Congress of 
        the United States during the tenure of Senator Ford, be named 
        in his honor.</DELETED>
<DELETED>    (b) Short Title.--This Act shall be cited as the ``Wendell 
H. Ford Government Publications Reform Act of 1998''.</DELETED>

<DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED>

<DELETED>    The table of contents is as follows:</DELETED>

<DELETED>Sec. 1. Short title.
<DELETED>Sec. 2. Table of contents.
<DELETED>Sec. 3. Findings and purposes.
<DELETED>Sec. 4. Definitions.
   <DELETED>TITLE I--TRANSFER OF FUNCTIONS OF THE JOINT COMMITTEE ON 
                                PRINTING

<DELETED>Sec. 101. Purpose.
<DELETED>Sec. 102. Repeal of provisions establishing the Joint 
                            Committee on Printing.
<DELETED>Sec. 103. Legislative oversight functions.
<DELETED>Sec. 104. Repeal of waivers.
<DELETED>Sec. 105. References.
<DELETED>Sec. 106. Effective date.
           <DELETED>TITLE II--GOVERNMENT PUBLICATIONS OFFICE

<DELETED>Sec. 201. Government Publications Office.
   <DELETED>TITLE III--GOVERNMENT PUBLICATIONS OFFICE; PUBLICATIONS 
             PRODUCTION AND PRODUCTION PROCUREMENT SERVICES

<DELETED>Sec. 301. Government Publications Office; publications 
                            production and production procurement 
                            services.
<DELETED>Sec. 302. Production of publications and procurement of 
                            publication services by Congress and 
                            legislative agencies.
<DELETED>Sec. 303. Congressional Record.
<DELETED>Sec. 304. Production of publications and procurement of 
                            publication services; legislative 
                            oversight.
<DELETED>Sec. 305. Particular Government publications.
<DELETED>Sec. 306. Costs of producing regulatory publications.
<DELETED>Sec. 307. Publications of the Supreme Court.
<DELETED>Sec. 308. Repeal of provisions exempting statutory publication 
                            production and production procurement 
                            requirements.
<DELETED>Sec. 309. Additional technical and conforming amendments 
                            relating to congressional publications.
  <DELETED>TITLE IV--OFFICE OF GOVERNMENT PUBLICATIONS ACCESS PROGRAMS

<DELETED>Sec. 401. Short title.
<DELETED>Sec. 402. Federal Publications Access Programs.
<DELETED>Sec. 403. Distribution and sale of Government publications by 
                            Superintendent of Government Publications 
                            Access Programs.
<DELETED>Sec. 404. Technical and conforming amendments relating to the 
                            Superintendent of Government Publications 
                            Access Programs.
        <DELETED>TITLE V--ADMINISTRATIVE AND SAVINGS PROVISIONS

<DELETED>Sec. 501. Continuation of employment terms and conditions.
<DELETED>Sec. 502. Proceedings not affected.
<DELETED>Sec. 503. Suits not affected.
<DELETED>Sec. 504. Nonabatement of actions.
<DELETED>Sec. 505. Separability.
<DELETED>Sec. 506. Transfer of certain functions of the Joint Committee 
                            on Printing.
<DELETED>Sec. 507. Additional technical and conforming amendments.
<DELETED>Sec. 508. Implementation actions.
<DELETED>Sec. 509. Effective date.

<DELETED>SEC. 3. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) in a democracy, public access to Government 
        publications is fundamental to fostering an informed citizenry 
        in order to promote meaningful participation in the democratic 
        process;</DELETED>
        <DELETED>    (2) easy and equitable access to Federal 
        Government publications contributes to economic development in 
        many sectors of the Nation's economy;</DELETED>
        <DELETED>    (3) permanent public access to Federal Government 
        publications through a diversity of sources, including a system 
        of Federal publications access libraries, should be 
        guaranteed;</DELETED>
        <DELETED>    (4) the Federal Government should seek the most 
        effective and efficient means of producing, disseminating, and 
        providing permanent public access to its publications, and 
        these means should not be placed at risk due to jurisdictional 
        disputes between the branches of the Federal 
        Government;</DELETED>
        <DELETED>    (5) duplicative in-house agency publications 
        production is costly and inefficient and should be phased out 
        and replaced with--</DELETED>
                <DELETED>    (A) procurement through the Government 
                Publications Office, consistent with this Act; 
                or</DELETED>
                <DELETED>    (B) as appropriate, from competitively 
                selected private sector commercial sources;</DELETED>
        <DELETED>    (6) recent practices by Federal agencies of 
        privatizing Government publications have resulted in a 
        significant loss of publications that should have been made 
        available to the public through the Federal publications access 
        program;</DELETED>
        <DELETED>    (7) technological developments provide 
        opportunities for increasing efficiencies in the production and 
        dissemination of Government publications, but also pose 
        challenges for ensuring broad-based, permanent public access to 
        Government publications in new forms and format;</DELETED>
        <DELETED>    (8) the establishment of a mechanism for 
        contemporaneous monitoring and evaluation of such developments 
        is essential in order to maintain a continuous flow of timely, 
        useful, and permanently accessible Government publications to 
        the public; and</DELETED>
        <DELETED>    (9) the dissemination and permanent public access 
        of Government publications must be guaranteed through a 
        mechanism with sufficient independence and authority to ensure 
        agency compliance with their obligation to provide material for 
        the Federal publications access program.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are to--</DELETED>
        <DELETED>    (1) reform the oversight and management of the 
        production, dissemination, and permanent public access to the 
        Federal Government's publications;</DELETED>
        <DELETED>    (2) guarantee permanent public access to 
        publications produced by the Federal Government, regardless of 
        form or format; and</DELETED>
        <DELETED>    (3) facilitate the efficient and economical 
        production, dissemination, and permanent public access to 
        Government publications.</DELETED>

<DELETED>SEC. 4. DEFINITIONS.</DELETED>

<DELETED>    In this Act, the term--</DELETED>
        <DELETED>    (1) ``Government Publication'' has the meaning 
        given such term under section 1902(3) of title 44, United 
        States Code, as amended by this Act;</DELETED>
        <DELETED>    (2) ``agency'' has the meaning given such term 
        under section 1902(1) of title 44, United States Code (as 
        amended by this Act); and</DELETED>
        <DELETED>    (3) ``House of Representatives'' shall include the 
        Resident Commissioner.</DELETED>

   <DELETED>TITLE I--TRANSFER OF FUNCTIONS OF THE JOINT COMMITTEE ON 
                           PRINTING</DELETED>

<DELETED>SEC. 101. PURPOSE.</DELETED>

<DELETED>    The purpose of this title is to provide for the orderly 

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