Conference back40::soapbox

293.0. "Paperwork Reduction Act" by SUBPAC::SADIN (One if by LAN, two if by C) Sat Feb 11 1995 09:20

----------------------------Original message----------------------------
The recently proposed Paperwork Reduction Act, bill HR830, contains a
 disturbing section of language proposed by West Publishing, the
 government contractor that has a virtual monopoly on US federal legal
 case documents.  The ulterior motive behind this appears to be an attempt
 by West to legislate away a longstanding lawsuit against West by Tax
 Analysts, and Virginia publisher attempting to establish in court that the
 Justice Department JURIS database of court decisions, administered by West,
 but paid for by the US public, is in fact in the public domain as are all
 government publications.

According to the House Regulatory Affairs Committee Chairman's Draft
of the Section by Section Analysis, this special interest language simply
clarifies existing law.  This is also the position West has taken.

The Draft states:
"Section 3518 contains a new subsection which is intended to
clarify that when public information, as defined in Section 3502,
is disseminated or otherwise made available to the public, it
ceases to be public information, when a person adds value to the
public information.  This resulting information product, including
data, database, or method used to identify the data, database or
information product, also ceases to be public information, and the
government cannot claim a right to reacquire or use the resulting
information product without the consent of the person adding value.
The new subsection is designed to encourage the profit and
non-profit sectors to make the widest possible use of public
information released by the government."

The last sentence of this is incomprehensible in light of the fact that
this poorly drafted section, designed to satisfy a major lobbyist, would
in fact severely cripple the Freedom of Information Act, one of the
hardest-won cornerstones of American public access to government-held
information and records.  Analysis by EFF staff and board members, as
well as Taxpayer Assets Projects, indicates that not only would FOIA
requests and suits for US federal legal case documents be rejected, but
so would any such attempts to obtain US government information if any
"value added" content was provided by a private contractor, *even if that
content is not subject to copyright or other intellectual property
protection under law*.  Attempts to obtain unclassified software paid for
by US citizen's tax dollars but produced by govt. contractors rather than
govt. employees would fail.  Suits filed to obtain email or other records
of government people suspected of abuse of authority would be ruled
against if the system was designed or maintained by a contractor.  Requests
for information from massive and vitally important govt. information
databases such as JURIS, ERIC and EDGAR, which were built in whole or in
party by private sector contractors, would be rejected.

What West and other supporters of the bill describe as a minor
clarification to current law is in fact a massive restructuring of the
balance of power in the world of government information contracting, and
more importantly, a stripping of citizen access to information paid for
by the public, for the public.  The bill would exclude *all* contractor-
generated records, online or offline, from the Freedom of Information Act.

The bill was introduced, and a hearing held regarding it, Feb. 7, while
subcommittee markup was scheduled for yesterday, Feb. 9.  Full committee
markup, apparently in the Committee on Government Reform and Oversight,
is set for today, Fri. Feb. 10, at 9am, EST.  It is rather obvious that
this bill is being ramrodded through Congress as fast as possible, so
that the public not only doesn't get a chance to look the bill or comment
on it, but doesn't even know it exists until too late.  You may wish
to write to the Govt. Reform and Oversight Committee and let them know
*politely and in clear, short statements* just how you feel about that.
You should also write to your own Representatives, again in clear,
simple, and calm words, why you think this bill as written is dangerous and
why it should be opposed or stripped of the West special interest provision.

* The most important thing you can do from now until 9am EST Feb. 10:
EFF, along with TAP, are asking people to send a brief message by fax to
the members of the full committee, asking Congress to delete the West
Publishing special interest provision of the Paperwork Reduction Act, HR830.
A list of the committee members follows after the full text of the
relevant section of the bill, below.

For more information on writing to your Representatives, see the "What YOU
Can Do" section of this newsletter, below.

Contact: David Johnson, Sr. Policy Fellow, [email protected], +1 202 861 7700


* Relevant Bill Text

"(f)  Notwithstanding any other provision of this chapter or any
other law--
     (1) any public information that an agency discloses,
disseminates, or makes available to the public may be used by any
person for profit or nonprofit activities; and
     (2) if any person adds value to the public information, the
Federal Government shall not have any right to obtain, collect,
acquire, disseminate, use, or convert --
             (A)  the resulting data, database, or other
                  information product, or
             (B)  any method used by the person to identify such
                  resulting data, database, or information
                  product,
except under terms that are expressly agreed to by such person."


* Committee members to send your fax to IMMEDIATELY

[List provided by Taxpayer Assets Project, a non-profit organization founded
to monitor the management of government property, including information
systems and data, government funded R&D, spectrum allocation and other
government assets.  For more information, email [email protected]]

               Committee on Government Reform and Oversight
                              104th Congress

** = Subcommittee on National Economic Growth, Natural Resources,
     and Regulatory Affairs

[all phone & fax numbers are area-code 202]


REPUBLICAN


William Clinger, Jr. (PA)   225-5121       225-4681
Benjamin Gilman, (NY)       225-3776       225-2541
Dan Burton, (IA)            225-2276       225-0016
Constance Morella, (MD)     225-5341       225-1389
Christopher Shays, (CO)     225-5541       225-9629
Steven Schiff, (NM)         225-6316       225-4975
Ileana Ros-Lehtinen, (FL)   225-3931       225-5620
William Zeliff, Jr. (NH)    225-5456       225-4370
John McHugh, (NY) **        225-4611       226-0621
Stephen Horn, (CA)          225-6676       226-1012
John Mica, (FL)             225-4035       226-0821
Peter Blute, (MA)           225-6101       225-2217
Thomas Davis, (VA)          225-1492       225-3071
David McIntosh, (IA)        225-3021       225-3382
Jon Fox, (PA) **            225-6111       225-3155
Randy Tate, (WA) **         225-8901       225-3484
Dick Chrysler, (MI)         225-4872       225-3034
Gil Gutknecht, (MN) **      225-2472       225-3246
Mark Souder, (IA)           225-4436       225-3479
William Martini, (NJ)       225-5751       225-3372
Joe Scarborough, (FL) **    225-4136       225-3414
John Shadegg, (AZ) **       225-3361       225-3462
Michael Flanagan, (IL)      225-4061       225-3128
Charles Bass, (NH)          225-5206       225-2946
Steve LaTourette, (OH)      225-5731       225-3307
Mark Sanford, (SC)          225-3176       225-3407
Robert Ehrlich, Jr. (MD) ** 225-3061       225-3094

DEMOCRAT

Cardiss Collins, (IL)       225-5006       225-8396
Henry Waxman, (CA) **       225-3976       225-4099
Tom Lantos, (CA)            225-3531       225-7900
Robert Wise, Jr. (WV)       225-2711       225-7856
Major Owens, (NY)           225-6231       226-0112
Edolphus Towns, (NY)        225-5936       225-1018
John Spratt, Jr. (SC) **    225-5501       225-0464
Louise Slaughter, (NY) **   225-3615       225-7822
Paul Kanjorski, (PA) **     225-6511       225-0764
Gary Condit, (CA) **        225-6131       225-0819
Collin Peterson, (MN) **    225-2165       225-1593
Karen Thurman, (FL)         225-1002       226-0329
Carolyn Maloney, (NY)       225-7944       225-4709
Thomas Barrett, (WI)        225-3571       225-2185
Gene Taylor, (MI)           225-5772       225-7074
Barbara Rose Collins, (MI)  225-2261       225-6645
Eleanor Holmes Norton, (DC) 225-8050       225-3002
James P. Moran, (VA)        225-4376       225-0017
Gene Green, (TX)            225-1688       225-9903
Carrie Meek, (FL)           225-4506       226-0777
Frank Mascara, (PA)         225-4665       225-3377
Chaka Fattah, (PA)          225-4001       225-6466

INDEPENDENT
Bernard Sanders, (VT)       225-4115       225-6790

[NOTE: If you will be faxing long distance, and cannot afford this many
faxes, try contacting the Committee staff at 202-225-5074, and asking for
the committee fax number.  There is no guarantee your fax to this number
will reach all members of the committee, but it is far, far better than
nothing.]


Key Administration Officials:

OMB

Sally Katzen        voice: 202/395-4852
                    [email protected]

Bruce McConnell     voice: 202/395-3785
                    [email protected]

Department of Justice

Paul Friedman       voice: 202/514-1721
                    [email protected]

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    the paperwork reduction bill is avialable at:
    
    SUBPAC::DISK$SUB_USER9:[SADIN]HR830.BILL;
    
    be forewarned, this bill is a mess. I had to download it from the WEB
    in chunks and there's alot of overlapping info that I didn't have time
    to cull. Anyone who feels like cleaning it up is more than welcome to
    it. :)
    
    jim

    	If they wanted to really institute paperwork reduction, they
    	should go to a flat-rate income tax, or eliminate income tax
    	altogether and go to a sales tax.
    
    	Not only would they eliminate paperwork, but a whole department
    	of the government!

    Well they did right by publishing it online, mess or no...  Or was that
    just you, basenote poster? :-)
    

    
    
    re -3
    
    	they have it set up in the web so that different sections are
    pointed at with hotkeys. Unfortunately, the sections overlap quite a
    bit.
    
    
    jim

 "Please submit  your ideas for paperwork reduction, typewritten and in
 triplicate to..."






 Jim