Senate Subcommittee Holds Oversight Hearing of the National Archives

On Wednesday, May 14, the Senate Committee on Homeland Security and Governmental Affairs’ Subcommittee on Federal Financial Management, Government Information, Federal Services, and International Security held an oversight hearing of the National Archives and Records Administration (NARA). The hearing focused on NARA’s electronic records management system and the preservation of executive branch electronic records, including White House emails.

The hearing featured two panels, the first of which included testimony from Allen Weinstein, Archivist of the United States, NARA; Linda Koontz, Director, Information and Management Issues, U.S. Government Accountability Office; and Paul Brachfeld, Inspector General, NARA. Brachfeld’s testimony provided a harsh critique of NARA’s Electronic Records Archives (ERA), and its plans to manage electronic White House Presidential Records.

The second panel included testimony from Patrice McDermott, Director, OpenTheGovernment.org; Thomas Blanton, Director, National Security Archive and co-chair of OpenTheGovernment.org; Dr. Jim Henderson, Former State Archivist, State of Maine; and Dr. Martin Sherwin, Professor of History, George Mason University.

AALL is following many of the issues addressed by Dr. McDermott in her testimony. For example, Dr. McDermott discussed NARA’s role as the site of new public access initiatives, including the Office of Government Information Services mandated by the OPEN Government Act (see the January Edition of the AALL’s Washington E-Bulletin). NARA is also designated as the “Executive Agent” responsible for implementing the White House’s new Designation and Sharing of Controlled Unclassified Information (see our previous blog post). Dr. McDermott also addressed NARA’s electronic records management responsibilities and NARA’s decision to stop taking snapshots of federal agency websites (see the April Edition of the Washington E-Bulletin).

In addition, Dr. McDermott’s testimony addressed NARA’s efforts to increase access to digital records by entering into partnerships with private sector entities to digitize historical holdings. Dr. Weinstein also addressed these partnerships in his testimony. This was a timely discussion, because late last week NARA released its new Strategy for Digitizing Archival Materials for Public Access, 2007-2016, building on its former strategic plans and addressing some of the input NARA received from stakeholders, including AALL. This new document outlines NARA’s approach to digitization projects and includes NARA’s “Principles for Partnerships to Digitize Archival Materials.” We are pleased that the document addresses some of the issues AALL pointed out in the comments we submitted last November, including that free access to digitized materials be available in a timely fashion. In addition, we commend NARA for its commitment to issue calls for comments on proposed partnerships. NARA also published a list of the types of comments they received during the public comment period.

Wednesday’s hearing, the Subcommittee’s first NARA oversight hearing in more than three years, was an important look at NARA’s efforts to manage information in the digital age. We thank the Subcommittee for holding the hearing and hope that the increased oversight and attention will lead to a stronger National Archives.

[Posted by Emily Feldman]

White House Issues Memo on New Controlled Unclassified Information Policy

Last Friday, the White House issued a memorandum on new rules governing the designation and sharing of Controlled Unclassified Information (CUI). The memo creates a uniform standard for information that previously fell under the broad category of Sensitive But Unclassified information (SBU).

The CUI framework is intended to ease information sharing in the government and rein in the various control markings used by agencies, such as “For Official Use Only” (FOUO), “Official Use Only” (OUO), and “Limited Official Use” (LOU). Under the CUI framework, all CUI information is categorized into one of three combinations of safeguarding procedures and dissemination controls. The National Archives and Records Administration (NARA) is named as the “Executive Agent,” responsible for overseeing and managing implementation of this CUI Framework and prescribing any additional CUI markings.

The memo addresses the important problem of the alphabet soup of Sensitive But Unclassified designations, but many questions remain. Steven Aftergood, author of Secrecy News and Director of the Federation of American Scientists’ Project on Government Secrecy, expresses his concerns in his blog. He writes, “Which, if any, of the more than 100 existing control categories will be canceled, rather than absorbed into the new CUI category? The new policy does not say. At what point, if any, does the CUI designation expire? There’s no way to tell. What enforcement mechanisms are established to ensure compliance with the new policy? To be determined.”

On April 11, AALL signed onto a letter to the White House asking for a public review of proposed new rules governing the designation of Sensitive But Unclassified (SBU) information. Unfortunately, no public review occurred before the White House issued this memo. For background on our letter, see our previous blog post, “AALL and Others Urge Public Comment on Guidance for Sensitive But Unclassified Information.”

[Posted by Emily Feldman]

AALL Testifies on GPO Funding at House Legislative Branch Appropriations Hearing

On May 7, Acting Washington Affairs Representative Mary Alice Baish testified before the House Committee on Appropriations’ Subcommittee on the Legislative Branch in support of the FY 2009 Appropriations Request of the U.S. Government Printing Office (GPO). Mary Alice’s testimony, endorsed by the American Library Association and the Special Libraries Association, strongly supports GPO’s Salaries & Expenses ($43.42 M), which funds the Federal Depository Library Program (FDLP), and Congressional Printing and Binding ($97.92 M), which funds the print publication of bills, hearings, reports and other congressional materials.

Mary Alice’s testimony [written testimony; oral testimony] urges the Subcommittee to agree to GPO’s $21.2 million request for the Federal Digital System (FDsys), GPO’s new digital system to manage Government information online. FDsys would replace the clunky, obsolete technology of GPO Access. We believe FDsys is essential to GPO’s future because it will ensure that the Federal government’s electronic information will be permanently available, authenticated and versioned, and accessible through the Internet.

Mary Alice’s testimony also highlights GPO’s progress in several areas due to the new functionalities available through FDsys. GPO has asserted itself as the source of trusted government information by adding digital signatures to certain electronic documents on GPO Access, thus ensuring the documents’ authenticity. This year, GPO launched an online collection of authenticated Public and Private Laws of the 110th Congress. In February, GPO digitally signed the 2009 Budget of the United States Government and published it in print after the Office of Management and Budget announced that it would only publish the budget online.

In addition, GPO is continuing its progress in automated web harvesting through FDsys to discover and capture online publications from agency web sites, building on its 2006 pilot project with the Environmental Protection Agency. These web harvests increase public access to web-based agency information and ensure its preservation.

Mary Alice reminded Subcommittee members that managing the life cycle of online information is expensive and requires dedicated resources. “It’s a myth to think that utilizing the Web to provide public access to reliable government information doesn’t carry a hefty price tag,” she told the Subcommittee. She ended her oral testimony by asking the Subcommittee members to fully support GPO’s FY 2009 funding request. “This year, I ask that you champion FDsys and, at the same time, support GPO’s other funding needs that are crucial to a robust information dissemination program,” she said. “The FDLP is your program, and we are counting on your help to keep it relevant in the 21st Century.”

[Posted by Emily Feldman]

AALL Washington Affairs Rep. to Testify Wednesday at House Legislative Branch Appropriations Hearing

Tomorrow, Mary Alice Baish, Acting Washington Affairs Representative of the American Association of Law Libraries, will testify before the House Committee on Appropriations’ Subcommittee on the Legislative Branch on the FY 2009 Appropriations Request of the U.S. Government Printing Office (GPO). She will testify on behalf of AALL, the American Library Association, and the Special Libraries Association

Mary Alice also testified before this committee last year. At that time, she highlighted the needs of the Federal Depository Library Program (FDLP) in the 21st Century. This year, Mary Alice’s testimony will focus on the need to fund GPO’s Federal Digital System (FDsys). FDsys is GPO’s new, state of the art, digital system that we believe is essential to GPO’s future. Mary Alice’s testimony is embargoed until after the hearing but will be posted tomorrow afternoon.

The hearing will take place tomorrow, Wednesday, May 7, at 10:00 AM in 2359 Rayburn House Office Building. It will be webcast and available on the Subcommittee’s web site.

Witnesses will include:

(In Order of Appearance):

John G. Paré, Jr.
Executive Director for Strategic Initiatives
National Federation of the Blind

Dennis M. Roth
President
Congressional Research Employees Association

J. Kent Dunlap
Chief Negotiator
Library of Congress Professional Guild
AFSCME Local 2910

Hon. William Orton
American Bar Association

Randy Julian
2007 Chairman
National Tour Association

Jennifer Dexter
Assistant Vice President
Government Relations
Easter Seals

Ronald La Due Lake
Chair
Interim Council
U. S. Government Accountability Office Employees Organization/International Federation of Professional and Technical Engineers
AFL-CIO and CLC

Matthew A. Tighe
Fraternal Order of Police
U.S. Capitol Police

Mary Alice Baish
Acting Washington Affairs Representative
American Association of Law Libraries

John E. Elfrey
Vice-President
LL2135 International Association of Machinists
Government Printing Office

[Posted by Emily Feldman]

Take Action! Calls Needed TODAY to HOUSE JUDICIARY SUBCOMMITTEE Opposing “Dark Archive” Provision of Orphan Works Act

BACKGROUND

The House Judiciary Committee’s Subcommittee on Courts, the Internet and Intellectual Property plans to mark-up the Orphan Works Act of 2008 (H.R. 5889) on Wednesday, May 7. AALL has long supported the need for orphan works legislation. However, we cannot support H.R. 5889 in its current form and have raised a number of concerns with the bill. Our most pressing concern before Wednesday’s mark-up is that we unequivocally oppose the “dark archive” provision of H.R. 5889.

IMMEDIATE ACTION NEEDED

If your Representative is listed below as a member of the Subcommittee on Courts, the Internet and Intellectual Property, please make a call immediately, through the U.S. Capitol Switchboard at 202-224-3121 or their district office. If your representative is not listed below, please make a call to any of the bill’s sponsors: Representatives Howard Berman, Howard Coble, Lamar Smith or John Conyers.

After introducing yourself as a member of AALL, deliver the following message:

The Orphan Works Act is needed by libraries to limit remedies in copyright infringement cases involving orphan works. However, I strongly oppose the notice of use filing (the “dark archive”) provision in H.R. 5889, because it would limit the usefulness of the legislation by significantly increasing the cost of compliance. I urge you to reject the “dark archive” provision during Wednesday’s subcommittee mark-up.

Thanks,

Mary Alice Baish
Acting Washington Affair Office Representative

LIST OF MEMBERS OF THE HOUSE JUDICIARY’S SUBCOMMITTEE ON COURTS, THE INTERNET, AND INTELLECTUAL PROPERTY

DEMOCRATS

Hon. Berman
Chairman
California, 28th

Hon. Conyers Jr.
Michigan, 14th

Hon. Boucher
Virginia, 9th

Hon. Wexler
Florida, 19

Hon. Watt
North Carolina, 12th

Hon. Jackson Lee
Texas, 18th

Hon. Cohen
Tennessee, 9th

Hon. Johnson
Georgia, 4th

Hon. Sherman
California, 27

Hon. Weiner
New York, 9th

Hon. Schiff
California, 29th

Hon. Lofgren
California, 16th

Hon. Sutton
Ohio, 13

REPUBLICANS

Hon. Coble
Ranking Member
North Carolina, 6th

Hon. Feeney
Florida, 24th

Hon. Sensenbrenner Jr.
Wisconsin, 5th

Hon. Smith
Texas, 21st

Hon. Gallegly
California, 24th

Hon. Goodlatte
Virginia, 6th

Hon. Cannon
Utah, 3rd

Hon. Chabot
Ohio, 1st

Hon. Keller
Florida, 8th

Hon. Issa
California, 49th

Hon. Pence
Indiana, 6th

[Posted by Mary Alice Baish]

Take Action! Calls Needed TODAY to SENATE JUDICIARY COMMITTEE Opposing “Dark Archive” Provision of Orphan Works Act

BACKGROUND

The Senate Judiciary Committee plans to mark-up the Shawn Bentley Orphan Works Act of 2008 (S. 2913) on Thursday, May 8. AALL has long supported the need for orphan works legislation although we have raised a number of concerns with the bill. Our most pressing concern before Thursday’s mark-up is that we unequivocally oppose any effort to amend S. 2913 to include the “dark archive” provision of H.R. 5889 or other weakening amendments.

IMMEDIATE ACTION NEEDED

If your Senator is listed below as a member of the Judiciary Committee, please make a call immediately, through the Capitol Switchboard at 202-224-3121 or their district office. If your Senator is not listed below, please call the bill’s sponsors, Senators Patrick Leahy and Orrin Hatch.

After introducing yourself as a member of AALL, deliver the following message:

The Orphan Works Act is needed by libraries to limit remedies in copyright infringement cases involving orphan works. However, I strongly oppose the notice of use filing (the “dark archive”) provision in the House bill, H.R. 5889, because it would limit the usefulness of the legislation by significantly increasing the cost of compliance. I urge you to reject the inclusion of the “dark archive” provision of H.R. 5889 during Thursday’s mark-up of S. 2913.

Thanks,

Mary Alice Baish
Acting Washington Affair Office Representative

LIST OF SENATE JUDICIARY COMMITTEE MEMBERS

DEMOCRATS:

Patrick Leahy, Chair
D-VERMONT

Edward M. Kennedy
D-MASSACHUSETTS

Joseph R. Biden, Jr.
D-DELAWARE

Richard J. Durbin
D-ILLINOIS

Charles E. Schumer
D-NEW YORK

Herb Kohl
D-WISCONSIN

Dianne Feinstein
D-CALIFORNIA

Russell D. Feingold
D-WISCONSIN

Benjamin L. Cardin
D-MARYLAND

Sheldon Whitehouse
D-RHODE ISLAND

REPUBLICANS:

Arlen Specter, Ranking Member
R-PENNSYLVANIA

Orrin G. Hatch
R-UTAH

Jeff Sessions
R-ALABAMA

Charles E. Grassley
R-IOWA

Lindsey Graham
R-SOUTH CAROLINA

Jon Kyl
R-ARIZONA

John Cornyn
R-TEXAS

Sam Brownback
R-KANSAS

Tom Coburn
R-OKLAHOMA

[Posted by Mary Alice Baish]

April Edition of the Washington E-Bulletin

The latest edition of the Washington E-Bulletin is now online! The April E-Bulletin is filled with updates on the EPA libraries, the latest news on the National Archives and Records Administration (NARA), new legislation on electronic records management, and more. As always, we report news from our chapters and give you some ideas for further reading!

Here is the Table of Contents from the April Edition of the E-Bulletin:

TAKE ACTION NOW
-EPA Seeks Comments: Help Improve Access to Environmental Info

UPDATES FROM THE HILL AND THE WASHINGTON OFFICE
-One-Year Anniversary of the National Summit on Authentication!
-NARA Oversight Hearing and Decision to Stop Web Harvests
-EPA Releases Library Report to Congress, Calls for Comments
-NIH Public Access Policy and Call for Comments
-Letter Urges Public Comment Period for Sensitive But Unclassified Information
-House Bill Addresses Electronic Records Management

OUTSIDE THE BELTWAY: CHAPTER NEWS
-LLOPS Members Participate in OMB Watch Listening Tour

FREE TIME WELL SPENT: Further Reading for the Information Policy Junkie
-International Conference Leads to Plan for Right of Access to Information
-Newseum Offers Access to Hundreds of Papers Online
-Site Offers Free Legal Information to Connect People with Lawyers

[Posted by Emily Feldman]

Senate Hearing on Secret Law and Accountable Government

On Wednesday, April 30, the Senate Judiciary Committee’s Constitution, Civil Rights and Property Rights Subcommittee will hold a hearing, “Secret Law and the Threat to Democratic and Accountable Government.” The hearing will take place at 9 a.m. in Room 226 of the Dirksen Senate Office Building.

Witnesses will include:

Steven Aftergood
Director
Project on Government Secrecy
Federation of American Scientists
Washington, DC

Bradford Berenson
Partner
Sidley Austin LLP
Washington, DC

Dawn Johnsen
Professor
Indiana University School of Law – Bloomington
Former Acting Assistant Attorney General for the Office of Legal Counsel
Bloomington, Indiana

Heidi Kitrosser
Associate Professor of Law
University of Minnesota Law School
Minneapolis, Minnesota

J. William Leonard
Former Director
Information Security Oversight Office
Leonardtown, Maryland

David Rivkin
Partner
Baker Hostetler
Washington, DC

[Posted by Emily Feldman]

Senate Committee Addresses “Future of the Internet”

On April 22, the Senate Committee on Commerce, Science, and Transportation held a hearing titled “The Future of the Internet.” The hearing addressed consumer expectations and network operation, including network neutrality.

The hearing featured a wide array of witnesses, including Kevin J. Martin, Chairman of the Federal Communications Commission and Lawrence Lessig, Professor of Law at Stanford Law School. Testimony of all witnesses is available on the Committee website.

Professor Lessig, who for years focused his energies on copyright and Creative Commons, recently turned his focus to the influence of money in politics in the form of the Change Congress movement. He has developed a series of video lectures on the project which explain his ideas. Check them out for a great Friday break!

[Posted by Emily Feldman]

House Hearing on Executive Branch Electronic Communications Preservation

The House Oversight and Government Reform’s Subcommittee on Information Policy, Census, and National Archives will hold a hearing today to address the Electronic Communications Preservation Act (H.R. 5811), sponsored by Chairman of the Committee Henry Waxman (D-CA-30), Chairman of the Subcommittee Wm. Lacy Clay (D-MO-1), and Rep. Paul Hodes (D-NH-2). The bill directs the Archivist of the United States to establish standards for the capture, management, retrieval, and preservation of White House e-mails and other electronic communications. The Committee’s Press Release, summary of the bill, and full text of the bill is available here.

Patrice McDermott, Director of OpenTheGovernment.org, will testify about the state of the preservation of electronic records and the National Archives and Records Administration’s (NARA) oversight responsibilities. OpenTheGovernment.org recently assisted Citizens for Responsibility and Ethics in Washington (CREW) with data collection for their new report, “Record Chaos: The Deplorable State of Electronic Record Keeping in the Federal Government.” Findings of the report include: federal agencies are not keeping up with modern electronic records management methods; there is widespread confusion among federal employees about their obligations regarding record keeping; and there is a lack of meaningful oversight of the agencies by NARA.

This hearing was originally scheduled for April 16, but canceled at the last minute. Assuming the witness list stays the same, the witnesses will include:

The Honorable Allen Weinstein
Archivist of the United States
National Archives and Records Administration

Dr. Anna K. Nelson
Director
American University - Department of History

Witness to be announced
Government Accountability Office

Patrice McDermott
Director
OpenTheGovernment.org

The hearing will take place at 2pm in 2154 Rayburn House Office Building. According to Committee staff, a live webcast should be available on the Committee website.

[Posted by Emily Feldman]