ADMINISTRATIVE NOTES Newsletter of the Federal Depository Library Program [ PDF version ] [ Back Issues ] --------------------------------------------------------------------- February 15, 2001 GP 3.16/3-2:22/03 (Vol. 22, no. 03) --------------------------------------------------------------------- Congressional and Public Affairs Update Remarks by Andrew M. Sherman Director, Congressional and Public Affairs Before the Federal Documents Task Force Government Documents Round Table American Library Association Washington, DC January 13, 2001 FY 2001 Appropriations The President signed the Legislative Branch Appropriations for FY 2001 into law on December 21. Part of the Omnibus Consolidated Appropriations bill, H.R. 4577, it passed on December 15. The original Legislative Branch bill, H.R. 4516, was passed by the House on September 14. It was rejected by the Senate on September 20, then passed on October 12. It was vetoed by the President on October 30, for reasons having more to do with the Treasury-Postal appropriations bill to which it was linked. After the fiscal year began on October 1, GPO was funded through a series of 21 continuing resolutions, all at the FY 2000 level. The Legislative Branch Appropriations bill was reintroduced on December 14 as H.R. 5657, then incorporated by reference into the Omnibus. There was no change to the conference report, as agreed to last fall. However, H.R. 4577 included a .22 percent rescission to funding contained throughout the bill, including GPO's. This meant an additional cut overall of about $218,000. $157,000 of this goes against Congressional Printing and Binding Appropriation (CP&B), and $61,000 against the Salaries and Expenses (S&E) Appropriation of the Superintendent of Documents. For FY 2001, GPO's appropriations total $99,198,000 (after application of the rescission). This is a decrease of $3,971,000, or nearly 4%, from the level of $103,169,000 that was approved for fiscal year 2000-but more than the level of $77.1 million that was originally proposed by the House Appropriations Committee last spring. A total of $71,305,000 was approved for CP&B (after the rescission). This is a reduction of $1,992,000, or nearly 3%, from the $73,297,000 that was approved for FY 2000. A total of $27,893,000 was approved for the S&E Appropriation (after the rescission). This is a reduction of $1,979,000, or about 7%, from the $29,872,000 that was approved for 2000. In cutting the S&E Appropriation, Congress directed that "emphasis should be on streamlining the distribution of traditional paper copies of publications which may include providing online access and less expensive electronic formats." Fran Buckley has already initiated actions to accelerate the ongoing transition of the Federal Depository Library Program to a more electronic basis. In other areas, the new law authorizes the transfer of appropriations balances from preceding fiscal years to GPO's revolving fund, which will help with GPO's financial situation somewhat. It sets the ceiling on the number of full-time equivalents, or personnel, that GPO can employ at 3,285, the level GPO requested. However, Congress directed other measures that may have a significant impact on GPO's structure and operations. These include a transfer of the House portion of CP&B to the Clerk of the House in FY 2003, following the Clerk's study of the House's printing needs. The Public Printer registered concern with this to the conferees: * transfer could greatly complicate production of joint items (as much as 40% of the appropriation is for such items, like the Record), and could impose administrative burdens on the House. * Most importantly, the transfer law begins with the phrase "notwithstanding any other provision of law," apparently relieving the House of the requirement in section 501 of Title 44 to use GPO for printing. This could affect GPO's ability to capture House information for incorporation into GPO Access databases, and the ability of libraries to access this data. Congress also directed the GAO to conduct a study "on the impact of providing documents to the public solely in electronic format." The study is to include "an assessment of the feasibility of the transfer of the depository library program to the Library of Congress." The Public Printer also registered concern with this to the conferees: * in light of three previous examinations of this issue in the mid-1990's, all of which rejected the idea of transfer. * Also, GPO Access is run by GPO's Production area, so there is no operational way to remove it for transfer with the FDLP to the Library without profoundly disrupting its operation. However, the study is currently underway, and is due to be submitted to the House Administration Committee and the Senate Rules and Administration Committee in March 2001. FY 2002 Appropriations We've prepared an appropriations request, but we haven't submitted it to Congress yet (it goes up the 16th). Because it becomes part of the President's budget which is embargoed until release, we can't discuss specific numbers. However, we can say that we will be seeking an increase in funding over the FY 2001 level. GPO's appropriations have declined 13% in the past 5 years in terms of current dollars and even more that than in terms of constant purchasing power, and the FY 2001 appropriation will probably fall short of our needs. For the S&E Appropriation, we will be seeking increases to improve and expand GPO Access services. The system now has more than 200,000 titles available and is experiencing more than 26 million document downloads a month-the equivalent of about 1.3 terabytes of information. For the Supreme Court's December decision in the Presidential election case, there were more than 1.1 million hits on the Court's site, which we host on GPO Access servers. We have to have the capability to keep up with the continual expansion in use and product offerings. We also need to refresh aging file formats and make other improvements. Associated with that is the need for additional personnel, especially in our cataloging and indexing area, to keep up with the growth particularly of electronic titles. We also need increased funding for more finding aids. In compliance with Congress's direction to convert the program to an increasingly electronic basis, we will see some savings from reduced printing and binding costs. But those savings won't be enough to fund all the electronic improvements the program needs. Moreover, we have cost increases for mandatory pay raises from the Government-wide 3.81% pay increase, the recent 1-cent increase in postage, and other cost increases resulting from normal inflation. For the CP&B Appropriation, we will be seeking funding to cover Congress's annual printing costs as well as reimbursement of congressional printing costs that were underfunded in previous years. The study of converting the depository program to all electronic and moving it as well as GPO Access to the Library of Congress will be due the end of March, and there may be appropriations decisions that are contingent on its recommendations. We've been told appropriations hearings will not start early this year, due to the transition, and that there may be a late start for the legislative branch. At this time no hearing dates have been set. New Congress A few key changes in the 107th Congress: * GPO's oversight committee, the JCP, draws its membership from the House Administration Committee and the Senate Rules and Administration Committee, and the chairmanship of the JCP rotates between those 2 committees every Congress. * For the 107th Congress, leadership of JCP will go to Senate side, chaired by Sen. Mitch McConnell (R-KY). We are still trying to clarify aspects of the transition of the JCP leadership from the House to the Senate side. * Vice Chair of the JCP will be the new chair of House Administration, Representative Bob Ney (R-OH). * Ranking Member of the JCP will be the senior minority member from the chamber that does not hold the chair-in this case, Rep. Steny Hoyer (D-MD). As of a couple of days ago, Web sites for House Administration and Senate Rules do not show any other changes in membership. * Not clear yet about any other changes in House Administration and Senate Rules memberships. On appropriations, Representative Charles Taylor (R-NC) continues as House Legislative Branch chair. To the best of our knowledge, other Members are as before: Reps. Wamp (R-TN), Lewis (R-CA), Granger (R-TX), and Peterson (R-PA), and Reps. Pastor (D-AZ), Murtha (D-PA), and Hoyer (D-MD). The Appropriations subcommittee also appears the same on the Senate side: Chair will be Senator Bennett (R-UT), with Senators Stevens (R-AK), and Craig (R-ID), with Sen. Durbin (D-IL). We have heard that Sen. Feinstein (D-CA) may not be on the subcommittee, but have not confirmed that yet. Also not clear yet is who the staff will be for these subcommittees. Transition Under guidance of the White House personnel office, Mike DiMario stays in place as sole PAS (Presidentially appointed, Senate-confirmed) until a successor is appointed; other senior level officials do as well, except for our one Schedule C, who will end her time with GPO by January 20. No contact yet from the incoming transition team; as of Friday, January 12, there was no transition liaison appointed for the GPO. With the inauguration, the transition effectively ends, and we will wait to hear from the new White House. There have been some indications of interest in the Public Printer's job from the printing industry and other areas, but nothing solid yet. NCLIS Report and Legislative Proposal The Public Printer sent comments to Martha Gould, NLCIS chair, dated Jan. 4. They are posted on GOVDOC-L. Highlights: * Commends them for taking on the ambitious and difficult task of assessing Federal information policy and recommending changes for the future and for characterizing public information resources as a strategic national asset, but is unable to support legislative proposal for new Federal agency. * Said already exists in the Federal Depository Library Program (supplemented by the electronic authority provided by chapter 41 of Title 44, U.S.C.) an effective statutory mechanism for providing comprehensive, equitable public access to Government information, as long as there is sufficient funding and support from Congress. * Also, we feel the report and legislative recommendations don't pay enough attention to the accomplishments of the FDLP: 1996 Study to Identify Measures Necessary for a Successful Transition to a More Electronic Federal Depository Library Program, 1998 report Managing the FDLP Electronic Collection: A Policy and Planning Document, more electronic titles, permanent public access working group, etc. * Has strong reservations about the executive branch function proposed by NCLIS because it would remove information dissemination from the direct control of the people's elected representatives, where we feel it most appropriately belongs (both for constitutional as well as political reasons). * Is concerned by the Commission's proposal to separate printing procurement authority from GPO. This was a central tenet of the "reinventing Government" proposals regarding GPO that were advanced in 1993-94, and it was not accepted by Congress. * Hoped the NCLIS study would examine in depth the feasibility of combining the National Technical Information Service with GPO, as proposed before the 106th Congress in 1999, and discuss the ramifications of combining the FDLP with the Library of Congress, as is being reviewed now by the GAO. These are specific issues that could impact public access to Government information significantly. We have had no reaction to the Public Printer's comments, but understand that they are generally in line with a number of other comments filed, including those from the printing industry, NARA, library organizations, employee organizations, etc.