On March 11, 2021, President Biden signed the (ARPA), a $1.9 trillion COVID-19 stimulus package that contains several benefits for the legal information industry. This includes the following new programs:

• The Institute of Museum and Library Services’ (IMLS) , which will provide direct support to museums and libraries, including eligible law libraries, to address community needs created or exacerbated by the COVID-19 pandemic. More information is available on . The deadline for submitting applications is June 28, 2021.
• The Federal Communication Commission’s (FCC) Emergency Connectivity Fund, which will provide funds to eligible schools and libraries, including public law libraries, to support the purchase of Wi-Fi hotspots, laptops, tablets, and other devices to loan to patrons. More information is available on the . The application is expected to open in June 2021.

U.S. territories, states, and local and tribal governments received $350 billion in funding through ARPA. Law libraries may benefit from some of these funds, through aid to small businesses and nonprofits and investments in education, government services, and broadband infrastructure.

ARPA also includes another round of stimulus checks for individuals and provided an additional $300 per week of enhanced unemployment benefits through September 6, 2021.

FUNDING FOR THE LEGAL INFORMATION INDUSTRY / FISCAL YEAR 2022

President Biden’s (Budget) includes proposed budget increases for the legislative branch agencies that provide permanent public access to and preservation of essential government information, including the Library of Congress, the Law Library of Congress, and the U.S. Government Publishing Office (GPO). The Budget also includes increases to several grant programs that promote public access to legal information and support access to justice, including the IMLS and the Legal Services Corporation. ÌÇÐÄÊÓƵ supports the President’s proposals to increase funding for these agencies.

In May 2021, ÌÇÐÄÊÓƵ submitted testimony to the U.S. House of Representatives Legislative Branch Appropriations Subcommittee in support of funding for the Library of Congress, the Law Library of Congress, and the GPO. Funding for these agencies will support greater access to legal information, including the digitization of legal materials and preservation partnerships with law libraries. Funding for these agencies is especially important as their workload has increased during the COVID-19 pandemic.

ADDITIONAL FEDERAL LEGISLATIVE PRIORITIES

In addition to advocating for funding for the legal information industry, ÌÇÐÄÊÓƵ has been advocating for additional legislative priorities, including the following issues:

BALANCED COPYRIGHT LAWS

In March 2021, ÌÇÐÄÊÓƵ submitted comments to (R-NC) on his draft legislation, the Digital Copyright Act of 2021 (DCA), which would update the Digital Millennium Copyright Act (DMCA). The proposed changes in the draft legislation amend the DMCA in ways that would significantly impact the ability of law libraries to provide equitable access to copyrighted materials. While ÌÇÐÄÊÓƵ supports some of the changes in the DCA that promote access to legal information, we are concerned that other changes may limit the abilities of law libraries to provide access to copyrighted works and preserve these works. ÌÇÐÄÊÓƵ continues to advocate for the needs of law libraries as Senator Tillis works on updates to the DMCA.

In April 2021, ÌÇÐÄÊÓƵ submitted comments on the development of regulations affecting law libraries in the implementation of the Copyright Alternative in Small-Claims Enforcement (CASE) Act. Under the new law, qualifying law libraries will be eligible to preemptively opt out of proceedings before the Copyright Claims Board, which was established to evaluate copyright infringement matters for small claims. We will share more information with members about how to opt out once it is available.

EQUITABLE ACCESS TO OFFICIAL LEGAL INFORMATION

ÌÇÐÄÊÓƵ continues to advocate for legislation to modernize the Federal Depository Library Program (FDLP) to provide additional flexibility for law libraries to meet the government information needs of their users and their organizations.

In April 2021, the GPOÌýselectedÌý´¡´¡³¢³¢â€™s nominee,ÌýAllen R. Moye along with fellow ÌÇÐÄÊÓƵ member Richard A. Leiter, to serve on the Depository Library Council (DLC). Leiter and Moye join ÌÇÐÄÊÓƵ member Jennifer Bryan Morgan on the DLC. As members of the DLC, Moye, Leiter, and Morgan provide advice and recommendations to the GPO on improving policy and operational matters related to the FDLP.

UNIFORM ELECTRONIC LEGAL MATERIAL ACT

ÌÇÐÄÊÓƵ continues to work with ÌÇÐÄÊÓƵ chapters to advocate for the Uniform Electronic Legal Material Act. In May 2021, ÌÇÐÄÊÓƵ president Emily R. Florio discussed ´¡´¡³¢³¢â€™s support for UELMA on a free hosted by the Uniform Law Commission (ULC). The webinar also featured ÌÇÐÄÊÓƵ past president Barbara Bintliff, who served as the reporter for ULC’s UELMA Drafting Committee. Recently, the has been advocating for UELMA in the U.S. Virgin Islands and the has been advocating for UELMA in Massachusetts.

´¡´¡³¢³¢â€™s UELMA resources page includes advocacy materials that can be used by law librarians and legal information professionals to support state advocacy efforts. Please email Janet Peros, chair of the ÌÇÐÄÊÓƵ Government Relations Committee or Emily Feltren, ÌÇÐÄÊÓƵ director of government relations if you would like more information.

SAVE THE DATE / VIRTUAL LEGISLATIVE ADVOCACY TRAININGÌý

The ÌÇÐÄÊÓƵ Virtual Legislative Advocacy Training will be held on Tuesday, September 21, 2021. The training is free for ÌÇÐÄÊÓƵ members. Additional details will be available soon.

The post Washington eBulletin – June 2021 appeared first on ÌÇÐÄÊÓƵ.

2020 was a challenging and unpredictable year for all of us. As the COVID-19 pandemic changed our professional and personal lives, ÌÇÐÄÊÓƵ focused on advocating for the immediate needs of the legal information industry. We are grateful to all the ÌÇÐÄÊÓƵ members and partners who joined the Association’s advocacy efforts throughout the year, sharing stories about how your law libraries are adapting to serve your organizations. Below are a few highlights of ÌÇÐÄÊÓƵ’s government relations issues and advocacy efforts in 2020:

SUPPORTING GREATER ACCESS TO GOVERNMENT INFORMATION

In March, ÌÇÐÄÊÓƵ 2019-2020 President Michelle Cosby before the U.S. House of Representatives (House) Appropriations Legislative Branch Subcommittee in support of the funding requests of the Library of Congress and the U.S. Government Publishing Office (GPO). ÌÇÐÄÊÓƵ also advocated for funding for the (IMLS) and the (NARA). Congress provided to IMLS and NARA to ensure continued public access to information during the pandemic. In April, ÌÇÐÄÊÓƵ President Cosby during the General Services Administration’s virtual public meeting about public access to regulatory data.

The federal Judiciary launched a new website for the Public Access to Court Electronic Records (PACER) system in June, incorporating some of ÌÇÐÄÊÓƵ’s Ìý³Ùo modernize the website to provide improved access to court information. Legislation to make PACER free, including the Open Courts Records Act (), passed the U.S. House but was not considered by the Senate. The Judicial Conference of the United States and Congressional leadership have expressed interest in continuing negotiations on a new PACER bill in the 117th Congress.

In addition, the Administrative Office of the U.S. Courts ÌÇÐÄÊÓƵ member to serve on its new public user group to provide advice and feedback on ways to improve PACER and the Judiciary’s other electronic public access services. The GPO ÌÇÐÄÊÓƵ’s nominee, , to serve on the Depository Library Council (DLC). As a member of the DLC, Morgan provides advice and recommendations to the GPO and its new director, Hugh Halpern on improving policy and operational matters related to the Federal Depository Library Program.

In December, the Office of Management and Budget accepted to include librarians at educational institutions, including academic law librarians, as eligible for fee exemptions under the Freedom of Information Act. The Administrative Conference of the United States that agencies include a “last updated” date when they publish federal court filings and court opinions on their websites.

ÌÇÐÄÊÓƵ 2020-2021 President Emily R. Florio and ÌÇÐÄÊÓƵ 2020-2021 Vice President Diane M. Rodriguez participated in the Legal Services Corporation’s podcast in December to discuss ÌÇÐÄÊÓƵ’s support for access to justice and the role law libraries play in closing the justice gap.

PROMOTING A BALANCE IN COPYRIGHT LAWS

In August, ÌÇÐÄÊÓƵ President Florio participated in the House Judiciary Committee’s listening session to discuss of the Digital Millennium Copyright Act.

In October, the United States Patent and Trade Office cited about copyright considerations in artificial intelligence (AI) in a . In November, ÌÇÐÄÊÓƵ , Shira Perlmutter, and her staff to learn about Register Perlmutter’s priorities and share ÌÇÐÄÊÓƵ’s perspective on the copyright needs of law librarians and legal information professionals.

ÌÇÐÄÊÓƵ ADVOCACY RESOURCES

ÌÇÐÄÊÓƵ provided advocacy training opportunities and additional advocacy resources for members throughout the year. In September, we held the featuring Congresswoman Zoe Lofgren (CA-19). The ÌÇÐÄÊÓƵ Government Relations Committee gathered , including information about registering to vote, finding your polling place, and requesting absentee and mail-in ballots.

ÌÇÐÄÊÓƵ will continue to provide members with training and resources to advocate for the legal information profession in 2021. ÌÇÐÄÊÓƵ has an upcoming advocacy training, .

ÌÇÐÄÊÓƵ & THE 117TH CONGRESSÌý

The 117th United States Congress convened on January 3, 2021. Days later, the violent events at the U.S. Capitol on January 6 shocked and outraged many of us. Congress is now focused on the security breach and potential actions in response to these events. ÌÇÐÄÊÓƵ believes that equitable access to legal information is a core component of a healthy democracy.

Following the November elections and the January runoff election in Georgia, the Democrats will lead the House and U.S. Senate for the next two years. ÌÇÐÄÊÓƵ is awaiting more information about the new Administration’s priorities before finalizing its new legislative priorities.

As the work of the new Congress continues, ÌÇÐÄÊÓƵ continues to monitor legislation that impacts law libraries and the legal information profession. We will also continue to work with ÌÇÐÄÊÓƵ chapters to advocate for the at the state level. We will keep you informed of any developments that may impact your law libraries.

COVID RELIEF PACKAGE / BENEFITS FOR THE LEGAL INFORMATION INDUSTRY

°Õ³ó±ðÌýÌýsigned by President Trump on December 27, 2020 included several benefits for the legal information industry. °Õ³ó±ðÌýÌý(PPP), which is designed to help small businesses, received an additional $284 billion. Congress made several changes to the PPP that could help eligible entities, including solo and small law firms; nonprofits; independent contractors; and self-employed individuals. The changes include allowing PPP recipients to receive a second PPP loan;Ìýexpanding theÌýlist of forgivable expenses; and clarifying that forgiven PPP loans will be tax deductible.

As part of the relief package, individuals received a second round of direct payments from the federal government. Those unemployed received additional benefits including $300 per week through March 14, 2021. In addition, unemployment benefits were extended to self-employed individuals and gig workers.

FY 2021 FEDERAL AGENCY FUNDING LEVELS SUPPORT GREATER ACCESS TO GOVERNMENT INFORMATION

President Trump signed a for federal agenciesÌýon December 27, 2020. The federal agencies that support the legal information profession received funding, including:

• $757 million for the Library of Congress, a $32 million increase over FY 2020. This includes funding to replace the Law Library of Congress’ deteriorating shelving units, which will ensure more timely public access to the Law Library’s collections;
• $117 million for the U.S. Government Publishing Office, equal to FY 2020 levels. This includes funding to support the Federal Depository Library Program and ; and
• $377 million for the National Archives and Records Administration, an $18 million increase over FY 2020. This includes funding to enable the processing, preservation, management, and storage of federal government records in print and electronic formats.

ÌÇÐÄÊÓƵ has Ìýfor these agencies’ funding requests to support free public access to government information, such as bills and statutes, the United States Statutes at Large, and the Congressional Record. The funding also supports the agencies’ digitization and preservation efforts that provide access to information produced by the federal government.

The funding package also contained legislation that created the Ìý(CASE Act). The CASE Act creates a new Copyright Claims Board within the U.S. Copyright Office to evaluate copyright infringement matters for claims under $30,000. Importantly, the law includes the ability for libraries to opt out of proceedings before the Copyright Claims Board. The law requires the Copyright Office to establish the Copyright Claims Board within one year of the bill’s enactment. ÌÇÐÄÊÓƵ will provide more information once opt out procedures have been developed by the U.S. Copyright Office.

ADVOCACY TRAINING / REGISTER NOW

GOVERNMENT LAW LIBRARY FUNDING: ADVOCACY TRAINING FOR LAW LIBRARIES

• Thursday, February 11, 2021 / 11:00 a.m. – 12:00 p.m. (CST)
• Free for members and nonmembers

Government law libraries are funded in a variety of ways: through local, state, or federal budgets, court fees and fines, subscriptions, or a combination of all of those. Many court systems are currently re-evaluating the impacts of court fees and fines on members of the public, and government budgets are facing significant cuts due to the pandemic.ÌýNow more than ever, government law librarians and their allies must effectively advocate for full funding of their libraries. This webinar will empower participants with successful advocacy strategies they can implement at their institutions. This training will be moderated by , assistant director for support services at the Sacramento County Public Law Library. Speakers includeÌý, director at the Law Library of Louisiana and , circuit librarian at the U.S. Court of Appeals Library for the Fourth Circuit.

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´¡´¡³¢³¢’²õÌýmost recent legislative priorities have centered on advocating for the immediate needs of the legal information industryÌýduring this pandemic.

The four federal relief and stimulus packages passed by Congress since March have includedÌýseveral benefits for the legal information industry, such as opportunities for law libraries to apply for federal grants and loans to address their immediate needs because of COVID-19. These include theÌýÌý³Ùo help small businesses– including solo and small law firms, nonprofits, independent contractors, and self-employed individuals–andÌý.ÌýMost recently, Congress passed theÌýPaycheck Protection Program (PPP) Flexibility Act of 2020Ìý()Ìý³ÙoÌýrelax certain requirements of the PPP loan program, including extending the covered period toÌý24 weeks or December 31, 2020, whichever comes first.ÌýÌý

In addition to advocating for greater fiscal relief for the legal information industry, ÌÇÐÄÊÓƵ’s legislative priorities include the following information policy issues:

A BALANCE IN COPYRIGHT LAWS THAT PROTECTS THE INTERESTS OF LAW LIBRARIES

ÌÇÐÄÊÓƵ is advocating for theÌýneed of balanced copyright laws and policies that allow law libraries to access and preserve information, and to make information available to users.ÌýThis balance is more important than ever as legal research, online instruction, and patron services have moved into a more virtual environment because of COVID-19.

GREATER ACCESS TO GOVERNMENT INFORMATION AND A MORE OPEN GOVERNMENT

ÌÇÐÄÊÓƵ is advocating for the ongoing fiscal needs of the federal agencies that support access to and preservation of official, authentic government information. In March,ÌýÌÇÐÄÊÓƵ President Michelle CosbyÌýÌýabout the importance of funding for the U.S. Government Publishing Office (GPO) and the Library of Congress. ÌÇÐÄÊÓƵ also submitted statements to the Senate Appropriations Committee in support of theÌýfunding needs of the GPO, the Library of Congress, and theÌýNational Archives and Records Administration, describing how the workload for these agencies has increased because of COVID-19.Congress’ consideration of appropriations bills for the federal government’s fiscal year 2021 is expected to resume this summer. Fiscal year 2021 begins October 1, 2020.

In addition, ÌÇÐÄÊÓƵ continues to advocate forÌýmodernization of the federal electronic rulemaking system, including Regulations.gov. In April,ÌýÌÇÐÄÊÓƵ President Cosby participated in the General Services Administration’s (GSA) virtual public meeting on Improving Public Access to Regulatory Data, during which sheÌýoffered suggestions to improve Regulations.gov to support the legal information profession. The event was part of GSA’s efforts to modernize electronic rulemaking. ÌÇÐÄÊÓƵ also submittedÌýwritten commentsÌý³Ùo supplement President Cosby’s remarks.

ÌÇÐÄÊÓƵ continues toÌýadvocate for net neutrality, which promotes equitable access to online legal information and access to justice. We are also monitoring the response to President Donald Trump’sÌý²Ô±ð·ÉÌý, signed on May 28, which raises free speech issues for online platforms and usersÌýunder Section 230 of theÌýCommunications Decency ActÌýby increasing the government’s power to regulate online platforms, including social media websites and search engines.

PROTECTION OF PRIVACY FOR LIBRARY USERS

ÌÇÐÄÊÓƵ is tracking theÌýreauthorization of key parts of the federal surveillance program known as theÌýForeign Intelligence Surveillance ActÌý(FISA)Ìýunder which the federal government can compel phone companies and internet service providers-including libraries-to turn over data that is relevant to an investigation. After the Senate passed the previously House-passed FISA bill and amendments () in May, the House had planned another vote to consider a bipartisan amendment to restrict the collection of internet search history. However, after a veto threat from President Trump and objections from the U.S. Department of Justice, House leadership pulled the bill and instead sent it to conference with the Senate to negotiate an agreement. Those negotiations are ongoing.

Roundup and ReviewÌý Save the Date: ÌÇÐÄÊÓƵ Virtual Legislative Advocacy TrainingÌý

The rescheduled annualÌýÌÇÐÄÊÓƵ Legislative Advocacy Training 2020Ìýwill take place virtually on Tuesday, September 22, 2020 at 11 a.m. (CDT). The training is free for ÌÇÐÄÊÓƵ members; registration will open soon.

Becoming an effective advocate who can clearly articulate the needs of law libraries and the legal information industry is especially important during these uncertain times. This training will teach you the skills you need to establish yourself as a trusted voice in your community, promote equal access to justice, and contribute meaningful solutions to today’s information policy issues.

The post Washington eBulletin – June 2020 appeared first on ÌÇÐÄÊÓƵ.

2020 Advocacy Opportunities

Building long-lasting, trustworthy relationships is the key to effective advocacy. As the new year begins, ÌÇÐÄÊÓƵ invites you to join our advocacy efforts to influence legal information policy issues. The Association’s current include improved access to justice, balanced copyright laws, increased access to government information, greater government transparency, and protection of privacy.

Thanks to your support in 2019, ÌÇÐÄÊÓƵ helped to secure increased funding levels for the Library of Congress and Law Library of Congress;Ìýworked with members of Congress to ensure more oversight and accountabilityÌýof PACER through reports and hearings; celebrated the enactment of legislationÌý³Ùo modernizeÌýfederal grant reporting and increase access to government data; saved theÌýindexes to the Federal Register and Code of Federal Regulations from elimination;Ìýand brought ÌÇÐÄÊÓƵ member expertise to Capitol Hill as part of ÌÇÐÄÊÓƵ 2019 Lobby Day.

The 2020 election year offers a special opportunity to form relationships with your members of Congress while they spend more time in their states and districts. Consider with your Representative and Senators and their district staff, or . This is a great way to introduce them to your services and collections, and the perfect photo op for them and your library!

ÌÇÐÄÊÓƵ’s new Ìýoffers suggested advocacy activities forÌýevery month of 2020. Engaging your lawmakers throughout the year will help you form effective relationships with your members of Congress and is much more likely to lead toward favorable results for legal information policy issues. Be sure to to receive weekly updates from the ÌÇÐÄÊÓƵ Government Relations Committee and timely action alerts when your voice is needed most.

Roundup and ReviewÌý

ÌÇÐÄÊÓƵ to the United States Patent and Trademark Office’sÌýRequest for Comments on Intellectual Property Protection for Artificial Intelligence InnovationÌý(84 F.R. 58141, Docket No. PTO-C-2019-0038). ÌÇÐÄÊÓƵ supports consideration of a contract preemption provision to ensure libraries may continue to benefit from the exceptions provided in the Copyright Act.

The Association also sent to the National Archives and Records Administration to suggest ways to incorporate greater stakeholder participation to the federal records appraisal process.ÌýThe letter includes examples of how greater access to certain categories of federal records–including those that might be deemed irrelevant and marked for destruction by a federal agency–may be valuable for legal research.

The post Washington eBulletin – January 2020 appeared first on ÌÇÐÄÊÓƵ.

ÌÇÐÄÊÓƵ Advocates for Legislative Priorities as First Session of 116th Congress Enters Final Weeks

ÌÇÐÄÊÓƵ is advocating for several legislative priorities as theÌýend of the first session of the 116th Congress quickly approaches, including urging the Senate Judiciary Committee to mark up the Electronic Court Records Reform Act, or ECRRA (/).ÌýThe Southeastern Chapter of the ÌÇÐÄÊÓƵ (SEÌÇÐÄÊÓƵ) also sent a letter to the Senate Judiciary Committee Chair Lindsey Graham (R-SC) and Ranking Member Dianne Feinstein (D-Calif.) in support of ECRRA.

ÌÇÐÄÊÓƵ is preparing for possible action on copyright issues, following a commitmentÌýearlier this year by Senator Thom Tillis (R-NC),Ìýchair of the Senate Judiciary Committee’s Subcommittee on Intellectual Property, toÌýintroduce legislation based on feedback gathered from a months-long working group established to discuss U.S. Copyright Office modernization. ÌÇÐÄÊÓƵ has concerns about proposals to make the Copyright Office independent of the Library of Congress because we believe it would ultimately weaken the Copyright Office and erect barriers to an effective, balanced copyright system.ÌýWe are also monitoring theÌýÌý³Ùo determine any potential impact on the privacy of library users and confidentiality of library records.

Congress has until December 20 to negotiate fiscal year 2020 funding bills, giving the House and Senate several more weeks to determineÌý³Ùop-line spending allocations. ÌÇÐÄÊÓƵ continues to urge that any legislative branch appropriations agreement include as close to full funding as possible for the U.S. Government Publishing Office (GPO) and the Library of Congress/Law Library of Congress, which would allow, among other priorities, the continued digitization of historical Congressional and other public domain materials.

Changes Coming to the Washington eBulletinÌý

Starting in January 2020, the Washington eBulletin will shift to a biannual publication schedule, with more regular government relations updates moving to the ÌÇÐÄÊÓƵ eNewsletter and Weekly eNews. Chapter and SIS news, including news related to advocacy, may be submitted for publication in the ÌÇÐÄÊÓƵ eNewsletter’s Community Corner. Submissions should be sent toÌýHeather Haemker atÌýhhaemker@aall.org.

Roundup and Review

• ÌÇÐÄÊÓƵ endorsed the nomination of to lead the GPO and to lead the InstituteÌýof Museum and Library Services.
• ÌÇÐÄÊÓƵ and the American Library AssociationÌý to proposed updates to GPO’s regional depository library discard policy, which would alter the conditions under which tangible titles may be discarded.
• °Õ³ó±ðÌýU.S. Supreme CourtÌýheard oral argument inÌýGeorgia v. Public.Resource.Org IncÌýon December 2.ÌýÌýaddresses the question of whether the government edicts doctrine extends to works that lack the force of law, such as the annotations in the Official Code of Georgia Annotated (OCGA), and therefore cannot be copyrighted. ÌÇÐÄÊÓƵ signed on to an with other national library associations in the case. The Ìýis available from the Supreme Court’s website, and the audio recording of the oral argument will be availableÌýon December 6.

The post Washington eBulletin – December 2019 appeared first on ÌÇÐÄÊÓƵ.

Congress Debates Bills To Improve Access to Government Data and Information

With just a few weeks until the end of the first session of the 116th Congress, lawmakers and their staffs are working quickly on must-pass legislation–including funding proposals to keep the federal government open past Thanksgiving. Beyond the must-pass items, the House and Senate are also busy considering legislation on improving access to grant data and expanding freedom of information.

On October 21, the Senate voted unanimously in favor of the Grant Reporting Efficiency and Agreements Transparency (GREAT) Act ().ÌýThe GREAT Act would modernize federal grant reporting and increase transparency by establishing searchable and machine-readable data standards forÌý³Ùhe information grantees must report to agencies.ÌýThe bill would ease research on federal grant reporting by transforming disconnected documents into open data, as well asÌýsupport greater oversight and accountability of the grant-making process. The GREAT Act passed the House of Representatives 422-0 in January.ÌýThe bill will now return to the House for a vote on the changes made in the Senate.

ÌÇÐÄÊÓƵ is urging Senators to support the Open and Responsive Government Act (), which strengthens the Freedom of Information Act (FOIA) by ensuring continued access to information that has regularly been disclosed through FOIA but is now at risk of being hidden from public view. ÌÇÐÄÊÓƵ’s explains how the bill protects against efforts to weaken FOIA following a recent U.S. Supreme Court decision in Food Marketing Institute v. Argus Leader Media that expanded the scope of what is considered “confidential” information. The bill will prevent agencies from unnecessarily redacting informationÌýand reinforces FOIA’s presumption of openness and transparency.

Changes Coming to the Washington eBulletinÌý

Starting in January 2020, the Washington eBulletin will shift to a biannual publication schedule, with more regular government relations updates moving to the ÌÇÐÄÊÓƵ eNewsletter and Weekly eNews. Chapter and SIS news, including news related to advocacy, may be submitted for publication in the ÌÇÐÄÊÓƵ eNewsletter’s Community Corner. Submissions should be sent toÌýHeather Haemker atÌýhhaemker@aall.org.

Roundup and Review

• ÌÇÐÄÊÓƵ sent a Ìýin support of the Electronic Court Records Reform Act (S. 2064)Ìý³Ùo modernize and provide free access to the Public Access to Court Electronic Records (PACER) system. The letter urges Committee Chairman Lindsey Graham (R-SC) and Ranking Member Dianne Feinstein (D-Calif.) to support bringing the bill to the Senate floor as soon as possible.
• The White House Hugh Nathanial Halpern to be director of the Government Publishing Office. Mr.ÌýHalpern previously served as the director of floor operations in the Office of the Speaker of the House of Representatives before retiring in January 2019. ÌÇÐÄÊÓƵ looks forward to learning more about the nominee.

The post Washington eBulletin – November 2019 appeared first on ÌÇÐÄÊÓƵ.

Congress Considers Legislation to Improve Access to Legal InformationÌý

Members of Congress returned to their states and districts for a two-week recess after a particularlyÌýbusy three weeks in session. Before lawmakers left Washington, the House and Senate passed a continuing resolution () toÌýfund the federal government through November 21, avoiding a government shutdown that would have occurred on September 30. The Senate also passed several fiscal year (FY) 2020 appropriations bills, including a legislative branch appropriations bill () to fund the Government Publishing Office at its requested level of $117 million and the Library of Congress at $735.8 million, $39.7 million above the FY 2019 enacted level.

Just before the Congressional break, the House Judiciary Committee’s Subcommittee on the Courts held a hearing titled, “.”ÌýThe hearing focused on sealed court filings, audio and visual access to court proceedings, and the Public Access to Court Electronic Records (PACER) system.ÌýThe Judicial Conference of the United States was represented by Audrey Fleissig, United States District Judge for the Eastern District of Missouri and chair of the Judicial Conference Committee on Court Administration and Case Management, and Judge Richard Story, United States District Judge for the Northern District of Georgia andÌýa member of the Judicial Conference’s Committee on the Judicial Branch.

In her , Judge Fleissig raised concerns about proposed legislative changes to PACER’s fee structure. She stated that while the Judiciary is committed to openness and public access, proposed legislation would place an unfair burden on litigants by exponentiallyÌýincreasing filing fees to support the case management and public access systems which cost more than $100 million to operate.1Ìý

Seamus Hughes, Deputy Director of the Program on Extremism at George Washington University and author of a recent piece in Politico Magazine titled “,”Ìý³Ùestified about problems with PACER, including usability barriers for research and journalism. Hughes offered examples that illustrated both the day-to-day frustrations of users and the broader policy and technical issues that hamper the system and offered solutions including making PACER free, setting a uniform system for documents filed in the system, and requiring documents be text-searchable.

ÌÇÐÄÊÓƵ appreciates the Judiciary’s recent actions to establish an and for PACER users from $15.00 to $30.00. We also believe that more needs to be done to increase access to court records because PACER has not kept up with its promise to provide the public with affordable electronic access to court information. Today, PACER is cumbersome, inefficient, and outdated. The system erects barriers to equitable access to information and inhibits access to justice. ÌÇÐÄÊÓƵ submitted aÌýÌýexpressing the Association’s support for the Electronic Court Records Reform Act (/) that would modernize and provide free access to PACER.

ÌÇÐÄÊÓƵ is also tracking several other bills related to access to legal and government information, including the Open and Responsive Government Act of 2019 () to improve the Freedom of Information Act; the OLC Sunlight Act to provide greater access to Office of Legal Counsel (OLC) opinions; the Access to CongressionallyÌýMandated Reports Act (/) to direct the Government Publishing Office to make reports available for public access and bulk download; and theÌýGrant Reporting Efficiency and Agreements Transparency Act of 2019Ìý(/) to require the use of open data and increase transparency of federal grant recipient reporting. The latter two bills have already passed the House and await action in the Senate.

—

1.ÌýSome members of Congress and technology experts have questioned PACER’s operating costs given the average costs associated with modern data storage and record retrieval systems.ÌýOne recentÌýÌýcalculated theÌý³Ùotal yearly expenses for storing and serving PACER’s data at just over $200,000. Issues related to the costs of PACER and CM/ECF are being considered in National Veterans Legal Services Program et al v. United States of America, in whichÌý³Ùhe United States Court of Appeals for the Federal Circuit is consideringÌýwhether the government is violating the E-Government Act of 2002 by charging fees to access court documentsÌý³Ùhat exceed the marginal cost ofÌýproviding documents on PACER.

ÌÇÐÄÊÓƵ in the States

UELMA Updates

On September 17, Law Librarians of New England (LLNE) Immediate Past President Catherine Biondo testified in support of the Uniform Electronic Legal Material Act (UELMA) in MassachusettsÌýbefore theÌýJoint Committee on the Judiciary. Read more on the .

In addition, ÌÇÐÄÊÓƵ President Michelle Cosby sent aÌýreiterating the Association’s supportÌýfor UELMA.

Roundup and Review

On October 1, the United States Court of Appeals for the D.C. CircuitÌýÌýin part the Federal Communications Commission’s (FCC) Ìý³Ùhat repealed the net neutrality protections under the 2015 Open Internet OrderÌýin the caseÌýMozilla v. FCC.ÌýThe court also ruled that the FCC cannot prevent states from enacting their own net neutrality laws or other broadband regulations. The decision underscores the need for the Senate to (), which enacts critical net neutrality protections. The Save the Internet Act would ensure law libraries can continue to meet their crucial missions to provide users with equitable access to up-to-date online legal information.

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Congress Must Pass Agency Funding Bill or Risk Government Shutdown

Members of Congress return to Washington next week with a full agenda, including completing the 12 appropriations bills before the start of the new fiscal year. If the bills aren’t finished before the end of the current fiscal year on September 30, the federal government will once again shut down.

The House Appropriations Committee approved the fiscal year 2020 legislative branch appropriations bill in May. The bill provides the Government Publishing Office (GPO) with the requested $117 million, which will support the Federal Depository Library Program and the continued development of govinfo. The Library of Congress received $720 million, an increase of $24 million, including the Copyright Office, Congressional Research Service, Law Library of Congress, and National Library Service for the Blind and Physically Handicapped. In its ,Ìý³Ùhe House Appropriations Committee urged the Law Library “to continue its digitization strategy as party of the Library’s overall digitization strategy to increase online access to major parts of its collection, such as the U.S. Serial Sets [sic] and Supreme Court Records and Briefs.”

The Law Library of Congress’ projects to digitize public domain U.S. legal and legislative materials would be of significant benefit to law libraries, which will be able to provide free access to these collections through the Law Library’s website once digitization is complete. In addition, GPO is contributing to building a corpus of digitized historical material, most recently completing the digitization of the Federal Register back to 1936 and the bound Congressional Record back to 1873.

Despite the White House’s repeated calls to shutter the Institute of Museum and Library Services (IMLS) and the Legal Services Corporation (LSC), the House has approved significant increases in funding for these agencies. In June, the House approved $267 million for IMLS in a four-bill appropriations package (), an increase of $25 million above the 2019 enacted level. The House also passed $550 million for the LSC in a separate appropriations package (), an increase of $135 million above fiscal year 2019, to help increase the availability of legal assistance in underserved communities.

The Senate has not yet scheduled any appropriations bill markups. Before the recess, the Senate cleared legislation to set topline spending levels for the next two fiscal years and suspend the debt limit through July 2021. That means the House and Senate may have to reconcile funding levels and must act quickly to complete the appropriations bills before funding runs out on September 30.

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August Recess Begins

With members of the U.S. House of Representatives and Senate back in their states and districts for the August Congressional recess, now is the perfect time to invite your legislators to your law library; attend town halls or breakfast meetings hosted by your members of Congress; or visit your members’ district offices to educate them about your law library and promote ÌÇÐÄÊÓƵ’s legislative priorities–includingÌýcosponsoring the Electronic Court Records Reform Act (/), supporting full funding for the Library of Congress and the Law Library of Congress, and supporting the Senate version of the Save the Internet Act (). °Õ³ó±ðÌý provides tips for making these in-district connections. Contact Emily Feltren, ÌÇÐÄÊÓƵ director of government relations, for assistance setting up visits and meetings.

In-person meetings are key to effective advocacy, but onlineÌýconnections matter, too.ÌýYou can take action right now on ÌÇÐÄÊÓƵ’s legislative prioritiesÌý³Ùhrough theÌý.

Senate Judiciary Committee Leaders Look to Modernize Copyright Office

SenatorÌýThom TillisÌý(R-NC), chair of the Senate Judiciary Committee’s Subcommittee on Intellectual Property, announced in an and during an of the U.S. Copyright Office in July that his Subcommittee is establishing a “bipartisan, bicameral working group that will meet regularly with copyright stakeholders to discuss Copyright Office modernization” through roundtables and “introduce legislation based on this feedback by the end of the year.” Sen. Tillis said during his opening statement at the July 30 oversight hearing that he thinks the Copyright Office “may not have the necessary autonomy and authority” to quickly modernize.

ÌÇÐÄÊÓƵ supports efforts to modernize the Copyright Office, . However, we to give the Copyright Office more “autonomy” by moving it out of the Library of Congress, as past in the last Congress.ÌýÌÇÐÄÊÓƵ will continue to monitor proposed changes and engage with the Library of Congress, Copyright Office, and Congress as a copyright stakeholder.

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National Archives Responds to Concerns About Obama Presidential Library

In June, theÌýNational Archives and Records Administration (NARA) hosted a meeting between NARA leadership and nongovernmentalÌýorganizations interested in access to government information, including ÌÇÐÄÊÓƵ. In advance of the meeting, ÌÇÐÄÊÓƵ requested that an update about the Obama Presidential Library be included on the agenda to address aboutÌý³Ùhe Obama Foundation’s plans for an all-digital library. NARA had previouslyÌýÌý³Ùhat, “The Obama Foundation, a private entity, made the decision not to construct a Presidential Library for NARA to house the textual and audiovisual records and artifacts. Instead it will provide funding for the digitization of records so they can be made available online.”

Donius provided assurancesÌý³Ùhat the digitization of President Barack Obama’s records by a private contractor for the Obama Foundation will be required to meet all NARA standards and will be ingested with metadata into NARA’s searchable Electronic Records Archives. Donius also reiterated that NARA takes seriously the need to make presidential archivists and librarians available to assist users with the digital material.

ÌÇÐÄÊÓƵ will continue to track plans for the Obama Presidential Library and update members on further developments.

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ÌÇÐÄÊÓƵ Supports Greater Access to Office of Legal Counsel Opinions

ÌÇÐÄÊÓƵ joined a coalition of organizations on aÌýletterÌý³Ùo the House and Senate Appropriations Committees asking them to include language in their Fiscal Year (FY) 2020 Commerce, Justice, Science, and Related Agencies (CJS) appropriations bills to require the Department of Justice to provide a list of the titles, authors, and dates of issuance of all final Office of Legal Counsel (OLC) opinions.

OLC is tasked with providing authoritative legal advice to the president, the Attorney General, and other executive branch agencies. However, the executive branch often withholds from Congress and the public even the most basic information about their reports, such as when and to whom they are issued, the subject of their analyses, and even how many are currently in effect. This hinders Congressional oversight as well as public knowledge of the OLC’s work.

Due to national security and privacy concerns, not allÌýOLC opinions can or should be released to the public without any redactions. However, other government agencies with similar national security and privacy requirementsÌýhave found workable solutions to provide information about their reports. For example, the Department of Defense Inspector General and the Government Accountability Office release information, such as a report title or report number, in cases when some or all of a report’s contents must remain nonpublic.

While the House Appropriations Committee marked up its FY 2020 CJS bill on May 22, the Senate Appropriations Committee has not yet marked up its bill.ÌýWe urge the Committee to require the Department of Justice to begin reporting a list of all final opinions.

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Submitted by John Edwards and Lynn Murray

Iowa Governor Kim Reynolds signed the Uniform Electronic Legal Material Act (UELMA) on May 8. ÌÇÐÄÊÓƵ Members Karen Wallace, Rebecca Lutkenhaus, and John Edwards were instrumental in the enactment. They worked with Drake’s Legislative Practice Center, Commissioner David Walker (Drake Emeriti Law Professor), Representative Jon Jacobsen, and others. The advocates .

In Texas, thanks to the tireless efforts of ÌÇÐÄÊÓƵ past president Barbara Bintliff, Governor GregÌýAbbottÌýsigned UELMAÌýon May 24.ÌýFor three legislative sessions, Barbara recruited legislative sponsors, and she provided testimony about the importance of UELMA at committee hearings. One story she shares from the 2017 legislative session relates how she won over the Secretary of State causing him to drop his opposition mere minutes before their testimony at one committee hearing.ÌýBarbara was assisted by the legislative clinic at UT, and she enjoyed the universal backing of library associations, both law and non-law, who all endorsed the adoption of UELMA.

UELMA has been enacted in 21 states and the District of Columbia.

GPLLA Volunteers with Books through Bars

Submitted by Janet Peros

On Saturday, May 18th, a Greater Philadelphia Law Library Association (GPLLA) contingent volunteered at Books Through Bars in Philadelphia selecting books requested and packaging books to send to incarcerated individuals in PA and neighboring states after a brief orientation.

Those that attended felt it was a rewarding experience and we are hoping to make this a regular/ongoing event (every few months) so that others in our chapter might also get involved.

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Despite White House Calls to Eliminate Funding, Legal Services Corporation Proposes Budget Increase

For the third consecutive year, President Trump has for the Legal Services Corporation (LSC), the independent nonprofit established by Congress in 1974 to provide financial support for civil legal aid to low-income Americans. The proposal to defund LSC comes as LSC celebrates its 45th anniversary as theÌýnation’s single largest funder of civil legal aid.

As the need for legal assistance grows, law libraries and legal information professionals are taking on new roles and services to support the administration of justice and provide access to trustworthy legal information. LSC promotes innovative partnerships and collaborations with other funders of civil legal aid, allowing providers to make the best use of limited dollars. DefundingÌýLSC would threaten equitable access to information and access to justice for millions of Americans.

Fortunately, the President’s budget is a proposal, not law; the U.S. Constitution designates the “power of the purse” as a function of Congress.ÌýIn Fiscal Year 2019,ÌýCongress funded LSC at $415 million, $5 million more than FY 2018 and a $30 million increase over FY 2017. This year, LSC has submitted a forÌý$593 million, an increase over last year’s request of $564.8 million.

In reaction to the President’s proposal, , “I believe that the bipartisan support LSC has enjoyed in Congress for almost 45 years will continue long into the future. We are grateful that Congress recognizes LSC’s vital importance in ensuring equal access to justice and has increased our funding in each of the last two fiscal years.”

Continuous improvement in access to justice is one of ÌÇÐÄÊÓƵ’s core values and one our public policy priorities. ÌÇÐÄÊÓƵ will continue to support full funding for LSC.

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ÌÇÐÄÊÓƵ President to Testify Before the House Appropriations Subcommittee TodayÌý

ÌÇÐÄÊÓƵ President Femi Cadmus will this afternoon before theÌýU.S. House of Representatives Appropriations Subcommittee on theÌýLegislative Branch in support of the funding requests of the Government Publishing Office (GPO) and Library of Congress.ÌýCadmus’ Ìýcalls for full funding of the requested $31.3 million for the GPO’s Public Information Programs account that supports the Federal Depository Library Program. She will also request support for the Law Library of Congress’ $18 million request so that it may complete its project to archive its global legal research reports and continue its digitization efforts. The hearing is expected to begin at 1:30 p.m. Eastern and Cadmus is scheduled to be the first witness.Ìý.

Bicameral Net Neutrality Bill IntroducedÌý

House and Senate lawmakers introduced the Save the Internet Act (/) to restore the strong protections for net neutrality and broadband access guaranteed by the 2015 Open Internet Order. The Federal Communications Commission voted to repeal the Open Internet Order in late 2017 despiteÌýand many others.

The Save the Internet Act was voted out of the House Energy and Commerce Communications and Technology Subcommittee last week and faces a full Committee vote this week.ÌýÌÇÐÄÊÓƵ strongly supports the legislation and urges theÌýHouse to pass the bill without any harmful amendments or attempts to weaken it.

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Bill to Free PACER Reintroduced in the HouseÌý

ÌÇÐÄÊÓƵÌýapplaudedÌý³Ùhe introduction of the Electronic Court Records Reform Act (), introduced in the U.S. House of Representatives on February 13, 2019 by House Judiciary Committee Ranking Member Doug Collins (R-Ga.) and Congressman Mike Quigley (D-Ill.), chair of the Congressional Transparency Caucus. This legislation would, for the first time, allow free access to electronic federal court records through the Public Access to Court Electronic Records (PACER) system and improve the efficiency and transparency of the courts.

ÌÇÐÄÊÓƵ coordinated a letterÌýsigned by 15 other organizations–including the American Civil Liberties Union, the Data Coalition, and the Project on Government Oversight–urging passage of the bill. In addition,Ìý³Ùhe Association of Law Libraries of Upstate New York and the Law Library Association of Greater New York, along withÌýindividual law libraries in House Judiciary Committee Chairman Jerry Nadler’s (D-NY) district, wrote to the House Judiciary Committee urging the Committee to hold a markup of the bill as soon as possible.

Congress Considers Agency Funding Levels for Fiscal Year 2020

While the funding fight for fiscal year (FY) 2019 only just concluded, Congress is already well into considering the FY 2020 requests of federal agencies.

On February 27, the Government Publishing Office’s (GPO) Acting Deputy Director Herb Jackson before the House Appropriations Subcommittee on the Legislative Branch about the GPO’sÌý$117 millionÌýrequest. During the hearing, Jackson announced his upcoming March 31 retirement.ÌýOn March 7, Librarian of Congress Carla Hayden will about funding for the Library of Congress, including the Law Library of Congress.

ÌÇÐÄÊÓƵ carefully tracks the appropriations requests of GPO and the Library of Congress, as well as theÌý³Ùhe Institute of Museum and Library Services and the National Archives and Records Administration. These agencies support the lifecycle of government information, including greater permanent public access and preservation.

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New Congress Considers Transparency Legislation

While Congress spent much of January focused on reopening the federal government from the longest shutdown in history, theÌýHouse of Representatives and Senate continued to attend to the daily business of legislating–including holding hearings and passing bills.

On January 17, ÌÇÐÄÊÓƵ celebrated passage of the bipartisanÌýGrant Reporting Efficiency and Agreements Transparency (GREAT) ActÌý() in the House. The GREAT Act would modernize federal grant reporting and increase transparency for grant-making agencies and the public. It awaits action in the Senate.ÌýÌÇÐÄÊÓƵ also applauded the reintroduction of the Access to Congressionally Mandated Reports Act (, )Ìý³Ùo improve access to reports mandated by Congress through the establishment of a searchable central website managed by the Government Publishing Office. This bipartisan, bicameral legislationÌýwas introduced by Senator Rob Portman (R-Ohio) and Rep. Mike Quigley (D-Ill.) on January 19 and January 23,Ìýrespectively.

These legislative actions come on the heels of the enactment of the OPEN Government Data Act, which was signed by President Trump on January 14 as part of the Foundations for Evidence-Based Policymaking Act (). The new law promotes greater distribution of and public access to federal government data by defining data, machine-reliability, and open license in government; creating standards for making federal government data available to the public; and requiring the federal government to use open data to improve decision-making.

While the second round of negotiations to fund the government for the current fiscal year will undoubtedly dominate the headlines in the coming weeks, ÌÇÐÄÊÓƵ expects the introduction of additional legislation supporting a more open and transparent government. Specifically,Ìýwe anticipate the reintroduction of the Electronic Court Records Reform ActÌý³ÙhatÌýwould improve the federal courts’ electronic records system and require that all federal court documents be searchable, machine-readable, and available free of charge through the Public Access to Court Electronic Records (PACER) system.

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