ADMINISTRATIVE NOTES 

 Newsletter of the Federal Depository Library Program

Vol. 17, no. 12 GP 3.16/3-2:17/12 August 30, 1996 

 Changes Proposed to Title 44, United States Code

 This Special Issue of Administrative Notes contains proposed suggestions for changes to the law 

governing the Federal Depository Library Program (FDLP) which have just been sent to the 

Chairman of the Committee on Rules and Administration, U.S. Senate. The Committee 

requested suggestions from GPO as a part of its recent hearings on the FDLP. 

 We have proposed changes to the entire Chapter 19 of Title 44, U.S.C. which we feel will 

facilitate the transition to a more electronic Federal Depository Library Program (FDLP). Also, 

we are suggesting new language for Sections 1710 and 1711, which relate to cataloging and 

indexing, and propose to incorporate that language in Chapter 19. 

 We want to thank the many people outside of GPO who contributed to this effort. This 

includes those who worked on the task of an “evaluation of current laws governing the FDLP and 

recommendation of legislative changes” as part of the recent “Study,” Depository Library Council 

members, and the many people who spent many hours on this at the American Library 

Association's conference in New York. As the Public Printer's transmittal letter to the Committee 

Chairman states, this was indeed a “consultative process.” 

 In this effort, the existing structure of Chapter 19 has been maintained while language has been 

added which will facilitate the transition and provide explicit statutory recognition of the role and 

responsibilities of the FDLP in the Information Age. 

 Specifically, the major proposals would: 

 1.Rename the Chapter to “Public Access to Government Information Through Libraries: The 

Federal Information Dissemination and Access Program.” This also renames the Program 

and changes the official name of the participating libraries to “Federal Information Access 

Libraries.” 

 2.Incorporate new definitions in Section 1901 to define the overall Program and its scope, and 

establish and define new terms necessary to support the inclusion of electronic 

information. 

 3.Establish in Section 1902 that the Superintendent of Documents, in addition to continuing to 

distribute tangible products, will ensure access to Government information products 

available via Federal World Wide Web sites and other online services. Section 1902 also 

provides that components of the Government will notify the Superintendent of Documents 

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when they initiate, modify, or terminate a product and will, upon request, provide 

electronic source data files. 

 4.Add language in Section 1903 to establish that the cost responsibility for providing access to 

products via electronic information services is analogous to that for tangible products. 

However, recognizing that some components of the Government are required by statute to 

charge for access to products available via an electronic information service, this Section 

would establish a minimum level of service that a component would be required to provide 

at no cost to the FDLP. It also provides provisions whereby the Superintendent of 

Documents may requisition additional access at a reasonable cost, or take other measures 

when deemed necessary to ensure that the information is in the Program. 

 5.Bring together in Section 1905 the different means by which a library can become a program 

library, except for the designation of regional status, which is addressed in Section 1912. 

 6.Establish in Section 1911 that access to Government information products available via 

Government electronic information services will be provided at no charge to program 

libraries and that all information products received or accessed through the Program will 

be made available for the free use of the general public. Also, Section 1911 will establish 

that retention requirements for tangible products will be as authorized under guidelines to 

be issued by the Superintendent of Documents. 

 7.In Section 1912, charge the Superintendent of Documents with establishing a system whereby 

Government information products available via Government electronic information 

services will be maintained permanently for program library and general public access. 

The Storage Facility defined in the GPO Access Act will be one resource used for this 

purpose. Also, Section 1912 provides new mechanisms for flexibility in the designation 

and functions of Regional program libraries. 

 8.In the new Section 1917, charge the Superintendent of Documents with providing cataloging 

and locator services which will direct program libraries and the general public to 

Government information products in tangible formats and those available via electronic 

information services. The Locator Service defined in the GPO Access Act will serve as the 

resource for this purpose. 
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 Public Printer Letter to Senate: Changes to Title 44, 

U.S.C. 

August 22, 1996 

The Honorable John W. Warner 

Chairman 

Committee on Rules and Administration 

U.S. Senate 

Room 305, Russell Office Building 

Washington, DC 20510 

Dear Mr. Chairman: 

This letter transmits suggestions for changes to chapter 19 of Title 44, U.S.C., which governs the 

operation of the Federal Depository Library Program (FDLP). They include suggestions for 

changes to sections 1901 and 1902 as well as proposed changes which would facilitate the transition 

to a more electronic FDLP. They also include suggestions to modernize and simplify the language 

of chapter 19. 

The suggested changes result primarily from the Study to Identify Measures Necessary for a

Successful Transition to a More Electronic Federal Depository Library Program (GPO: June 

1996). The study included the task of an "evaluation of current laws governing the FDLP and 

recommendation of legislative changes." Working on this task were GPO staff along with 

representatives of the American Library Association (ALA), the American Association of Law 

Libraries (AALL), the Association of Research Libraries (ARL), and the Information Industry 

Association (IIA), although all members of the study group, including the Office of Management 

and Budget, were invited to participate. After publishing the final study report, we informally 

discussed and reviewed the suggestions for changes with Government information groups of the 

ALA, the AALL, members of the depository library community, and GPO's Depository Library 

Council. The enclosed changes reflect that informal consultative process. 

Sincerely, 

MICHAEL F. DIMARIO 

Public Printer 

Enclosure 

cc: The Honorable Wendell H. Ford 

 Ranking Member 

Committee on Rules and Administration 

 U.S. Senate 
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 Changes to Chapters 17 and 19, Title 44

 Changes to chapters 17 and 19, Title 44, U.S. Code would facilitate the transition to a more 

electronic Federal Depository Library Program (FDLP). The changes discussed below support 

Part III, Principles for Federal Government Information, and Part IV, Mission and Goals for the 

Federal Depository Library Program, of the Study To Identify Measures Necessary for a 

Successful Transition to a More Electronic Federal Depository Library Program. 

TITLE 44--PUBLIC PRINTING AND DOCUMENTS 

 

CHAPTER 19-- DEPOSITORY LIBRARY PROGRAM PUBLIC ACCESS TO 

GOVERNMENT INFORMATION THROUGH LIBRARIES: THE FEDERAL 

INFORMATION DISSEMINATION AND ACCESS PROGRAM

Analysis: 

 The program should be redescribed to reflect the electronic information environment and the 

key goal of public access. "Depository" is strongly linked to the old paradigm of shipping physical 

products, and does not adequately express the goal of public access to Government information. 

To more fully express this aspect of the program, and to emphasize the affirmative role of all 

agencies to make their information available, the title of chapter 19 and the program should be 

changed. 

 This change would be supported by new definitions of the "Federal Information Dissemination 

and Access Program" and "program library" in the proposed revisions to section 1901. 

Sec. 1901. Definitions of Government publication

The “Federal Information Dissemination and Access Program” is a nationwide geographicallydispersed system, administered by the Superintendent of Documents, consisting of program 

libraries acting in partnership with the United States Government, established within this chapter 

for the purpose of enabling the general public to have local capability for timely, current public 

access and permanent, future public access to Federal Government information at no cost. 

"Government publication information," as used in this chapter, means informational matter which 

is published as an individual document that information, regardless of form or format, which is 

created or compiled by employees of a component of the Government, or at Government 

expense, or as required by law, except that which is required for official use only, is for strictly 

administrative or operational purposes having no public interest or educational value, or is 

classified for reasons of national security.

"Component of the Government; Component" as used in this chapter, means any Federal 

Government department, military department, independent regulatory agency, Government 
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corporation, Government controlled corporation, or other establishment in the executive, 

legislative, or judicial branch. 

"Government information product," as used in this chapter, means a Government publication or 

other discrete set of Government information, either conveyed in a tangible physical format 

including electronic media, or disseminated via a Government electronic information service.

“Tangible Government information product,” as used in this chapter, means any Government 

information product that can be distributed to program libraries in a physical format.

"Government electronic information service," as used in this chapter, means the system or method 

by which a component of the Government or its authorized agent disseminates Government 

information products to the public via a telecommunications network or successor technology. 

“Dissemination,” as used in this chapter, means the act of distributing tangible Government 

information products to program libraries, or the act of making Government information products 

accessible to program libraries and the general public via a Government electronic information 

service.

"Access,” as used in this chapter, means either the use of tangible Government information 

products which have been disseminated to program libraries, or utilizing a Government 

information product disseminated via a Government electronic information service. 

“Program library," as used in this chapter, means a library designated under the provisions of this 

chapter which maintains tangible Government information products for use by the general public, 

offers professional assistance in locating and using Government information, and provides local 

capability for the general public to access Government electronic information services. These 

libraries shall be known as “Federal Information Access Libraries.” 

"Service area," as used in this chapter, means either the geographical area of the several program 

libraries served by a given regional program library, or the geographical area of the user 

community of a given program library.

"Permanent public access," as used in this chapter, means that Government information products 

within the scope of the program remain available for current and future, no fee public access 

through the program. 

Analysis of this section: 

Electronic Federal Government information must be included in the program, in order to provide 

the broadest possible public access. The current definition of "Government publication" in section 

1901 of Title 44 needs to explicitly include electronic information. The purpose of this language is 

to clarify that the scope of the chapter includes information in electronic formats, whether 

published as a tangible product or made accessible via an electronic online service. We have 

intentionally avoided the term "public information" used in section 3502 of P.L. 104-13, the 

Paperwork Reduction Act of 1995, which is defined as “any information, regardless of form or 
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format, that an agency discloses, disseminates, or makes available to the public.” This term can be 

interpreted as restrictive, excluding many Government information products which are developed 

for internal use but have significant public interest and educational value. Instead, we have used 

the term “Government information,” establishing that products included in the program should be 

reflective of the public's broader interest as expressed in section 1902 rather than being limited to 

just those products developed specifically for dissemination to the public. 

We have also increased the comprehensiveness of the definition to eliminate the effect of certain 

publishing arrangements taking the information out of the public domain. 

Sec. 1902. Availability of Government publications information products to be made available 

through Superintendent of Documents; lists of publications not ordered from Government 

Printing Office responsibility of components of the Government to notify the Superintendent of 

Documents; responsibility of components to provide electronic data

Notwithstanding other provisions of the law, Government publications information products, 

except those determined by their issuing components to be required for official use only or for 

strictly administrative or operational purposes which have no public interest or educational value 

and publications information classified for reasons of national security, shall be made available to 

depository program libraries through the facilities of the Superintendent of Documents for public 

information. The Superintendent of Documents shall make tangible products available through 

distribution to program libraries and shall ensure program libraries and general public access to 

Government information products available via Government electronic information services. Each 

component of the Government shall furnish the Superintendent of Documents a list of such 

publications it issued during the previous month, that were obtained from sources other than the 

Government Printing Office.

Components of the Government shall immediately notify the Superintendent of Documents of 

their intent to initiate any Government information product and shall notify the Superintendent of 

Documents at such time as they substantially modify; change media, means of access, or physical 

format; or terminate a product. 

Upon request of the Superintendent of Documents, components of the Government shall provide 

the Superintendent of Documents with electronic source data files of any Government information 

products falling within the scope of this section.

Analysis of this section: 

The "notwithstanding other provisions of law" language was added to clarify that other statutes 

which may require public dissemination or cost-recovery do not relieve an agency of its obligations 

under chapter 19. 

The decentralized characteristics of the electronic information environment make it impractical for 

any single organization to obtain all electronic information for access and preservation, nor is such 

an approach cost-effective. In an electronic environment, the Superintendent of Documents can 

make information available to program libraries and the public in various ways. The centralized 
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acquisition and distribution of tangible products would continue, as this activity has significant value 

to the libraries and the public which they serve. Access to remotely accessible electronic 

Government information products, however, will be provided from a variety of Government 

electronic information services, including the GPO Access services, services operated by the 

originating components or other entities acting as their agents, or by secondary disseminators. We 

believe the concept of directing users and providing access to electronic information products at 

non-GPO sites ("pointing") is consistent with the requirement in P.L. 103-40 to maintain an 

electronic directory of Federal electronic information. 

We propose eliminating the requirement on components of the Government to "furnish ... a list of 

such publications it issued during the previous month." Even if this requirement were adhered to, 

the notification would be too late for the Superintendent of Documents to take timely action to 

acquire the products for the program. 

In order for the program to function effectively in a decentralized electronic environment, timely 

notice is required so that Superintendent of Documents personnel can obtain and/or convert data, 

and provide complete and accurate locator services. A requirement is needed that publishing 

components notify the Superintendent of Documents at such time as they initiate, substantially 

modify, or terminate Government information products. Information provided in the context of 

the notification process should enable the Superintendent of Documents to provide cataloging and 

locator services for these products. (See proposed new section 1917.) 

As nearly all Government information products exist in electronic form at some point in their life 

cycle, we believe that a cost-effective method of incorporating additional electronic information 

products into the program is to obtain that source data from the originating component of the 

Government. 

Sec. 1903. Distribution of tangible products to program libraries publications to depositories; 

notice to Government components; cost of printing and binding replication of tangible products; 

access to information products via electronic information services; availability of products from 

self-sustaining components of Government

(a) Upon request of the Superintendent of Documents, components of the Government ordering 

the printing of publications replication of tangible products shall either increase or decrease the 

number of copies of publications furnished for distribution to designated depository program

libraries and State libraries so that the number of copies delivered to the Superintendent of 

Documents is equal to the number of libraries on the list sufficient to provide copies to those 

program libraries which select the product. The number thus delivered may not be restricted by 

any statutory limitation in force on August 9, 1962. Copies of publications furnished the 

Superintendent of Documents for distribution to designated depository program libraries shall 

include-- 

 the journals of the Senate and House of Representatives; 

all publications, not confidential in character, printed upon the requisition of a congressional 

committee; 

Senate and House public bills and resolutions; and 

reports on private bills, concurrent or simple resolutions. 
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; but not so-called cooperative publications which must necessarily be sold in order to be 

self-sustaining. 

(b) The Superintendent of Documents shall currently inform the components of the Government 

ordering printing of publications as to the number of copies of their publications required for 

distribution to depository libraries as to the requirements of the program for tangible Government 

information products. The cost of printing and binding those publications distributed replicating

paper and microform publications, or tangible electronic products, made available to depository

program libraries obtained elsewhere than from the Government Printing Office shall be borne by 

components of the Government responsible for their issuance; those requisitioned from the 

Government Printing Office shall be charged to appropriations provided the Superintendent of 

Documents for that purpose. 

Analysis of paragraphs (a) and (b):

Both of these paragraphs pertain solely to tangible Government information products. The 

language in both paragraphs has been updated to change the emphasis from "printing of 

publications" to include the replication of any type of product, i.e. CD-ROMs. 

The exclusion from the program of "so-called cooperative publications" has, at times, resulted in 

substantial information of "public interest or educational value" being kept out of the program, in 

spite of significant investment of public funds in preparation of the product. Eliminating this 

exclusion will reduce the number of "fugitive" titles. 

(c) Access to Government information products available via Government electronic information 

services will be available at no cost to program libraries. The cost of providing program libraries 

with access to Government electronic information services offered by components of the 

Government other than the Government Printing Office shall be borne by the component of the 

Government responsible for issuance of the Government information products available on the 

service or by the component of Government responsible for operation of the service; the cost of 

services requisitioned by the Superintendent of Documents from the Government Printing Office 

shall be charged to the appropriations provided to the Superintendent for that purpose. 

Analysis of paragraph (c):

The general public, through the program, should have no-fee access to all Government 

information meeting program requirements. This paragraph establishes that the cost responsibility 

for providing access to electronic services is analogous to that for tangible products. 

It also establishes organizational responsibility for the costs of program library access to 

Government electronic information services. We believe that the agency which originates the 

product content should bear the costs of a basic level (defined in para. (d)) of public access through 

the program; however, the language permits some flexibility for delegating this responsibility to the 

service provider, either administratively or through a contractual arrangement. 
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(d) Components of the Government which are required by statute to charge for access to any 

products available via a Government electronic information service operated under their authority 

shall establish administrative provisions with the Superintendent of Documents whereby each 

program library which requests access to the service will have access at no cost for at least a single 

simultaneous user. If additional access for program libraries is requisitioned by the 

Superintendent of Documents, the component of the Government shall make such access 

available and shall be reimbursed by the Superintendent at the incremental cost of dissemination.

Analysis of paragraph (d):

This paragraph establishes the basic level of service obligation for the issuing components of the 

Government. Beyond that basic minimal level of service to program libraries, it also permits the 

Superintendent of Documents to requisition additional access at a reasonable cost. The costs 

charged to the Superintendent of Documents should be limited to those associated with providing 

dissemination and user support services to program libraries. 

(e) If a component of Government which is required by statute to charge for any Government 

information products can demonstrate to the satisfaction of the Superintendent of Documents that 

distribution of, or access to, such products for program libraries will seriously affect the ability of 

the organization to fulfill its statutory mandate to be self-sustaining, and appropriations or other 

resources are not adequate to permit the organization to meet its program obligations, the 

Superintendent may requisition such products and reimburse the component of Government at 

the incremental cost of dissemination, whether the products are produced or made available by the 

Government Printing Office or elsewhere. Alternatively, components of the Government will, 

upon request, provide to the Superintendent of Documents a single copy of such Government 

information products for replication and dissemination as a tangible Government information 

product or will provide the electronic source file to allow for dissemination via an alternative 

Government electronic information service if that is more cost-effective for the program.

Analysis of paragraph (e):

The purpose of this paragraph is to establish an exception mechanism for the general cases 

described in paragraphs (a), (b), and (d). Under this paragraph, when it can be shown that making 

such access or copies available to the program would harm the economic viability of the product or 

service, the Superintendent of Documents has the option to reimburse an agency for access to an 

electronic service, to reimburse an agency for copies of a tangible product, to obtain a single copy 

and republish it for the program, or to obtain the electronic source file. It also eliminates agency 

discretion to declare that products available via an electronic information service must be sold to 

recover costs, by establishing that charging for such products must be required by statute. 

Additional note concerning this section:

Historically there have been cases where Government information products have not been 

included in the program because they were not produced or procured through the Government 

Printing Office. This problem can be addressed under the plenary authority of Sec. 1914, 

whereby the Public Printer, acting through the Superintendent of Documents, can use 

appropriated funds to obtain, on an incremental cost basis, copies of tangible products, including 
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CD-ROMs, which are produced or procured elsewhere than through GPO. This approach will 

provide a practical remedy to many fugitive documents situations. 

Sec. 1904. Classified List of Government publications information products for selection by 

depositories available to program libraries

The Superintendent of Documents shall currently issue a current, classified list of categories of

Government publications information products, including in suitable form, containing annotations 

of contents and listed by item identification numbers, to facilitate the selection of or access to only

those publications products needed by depository program libraries. The selected publications

products shall be distributed available to depository program libraries in accordance with 

regulations of the Superintendent of Documents, as long as they the program libraries fulfill the 

conditions provided by law. 

Analysis of this section: 

The intent of this section is to cause the preparation of a data base which describes, using suitable 

data elements, the types of Government information products available through the program. 

Where needed, language was changed to conform with new language defined in Sec. 1901. 

Sec. 1905. Distribution to depositories; Designation of additional program libraries; justification; 

authorization for certain designations

(a) The Government publications selected from lists prepared by the Superintendent of 

Documents, and when requested from him, shall be distributed Government information products 

made available by the Superintendent of Documents may be selected or accessed by to depository

program libraries specifically designated by law and to libraries designated by Senators, 

Representatives, and the Resident Commissioner from Puerto Rico, by the Commissioner Mayor

of the District of Columbia, and by the Governors of Guam, American Samoa, the 

Commonwealth of the Northern Marianas, and the Virgin Islands, respectively. Additional 

libraries within areas served by Representatives or the Resident Commissioner from Puerto Rico 

may be designated by them to receive Government publications information to the extent that the 

total number of libraries designated by them does not exceed two within each area. Not more than 

two additional libraries within a State may be designated by each Senator from the State. Before 

an additional library within a State, congressional district or the Commonwealth of Puerto Rico is 

designated as a depository for Government publications program library, the head of that library 

shall furnish his or her Senator, Representative, or the Resident Commissioner from Puerto Rico, 

as the case may be, with justification of the necessity for the additional designation. The 

justification, which shall also include a certification as to the need for the additional depository

program library designation, shall be signed by the head of every existing depository program

library within the congressional district or the Commonwealth of Puerto Rico or by the head of the 

library authority of the State or the Commonwealth of Puerto Rico, within which the additional 

depository program library is to be located. The justification for additional depository program

library designations shall be transmitted to the Superintendent of Documents by the Senator, 

Representative, or the Resident Commissioner from Puerto Rico, as the case may be. The 

Commissioner Mayor of the District of Columbia may designate two depository program libraries 
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in the District of Columbia, the Governor of Guam, the Governor of the Commonwealth of the 

Northern Marianas, and the Governor of American Samoa may each designate one depository

program library in Guam, the Commonwealth of the Northern Marianas, and American Samoa, 

respectively, and the Governor of the Virgin Islands may designate one depository program library 

on the island of Saint Thomas and one on the island of Saint Croix. 

Analysis of this section: 

The revised section brings together all of the different means by which a library can become a 

program library, except for the designation of regional status, which appears in section 1912. 

In the first sentence the language is updated, while still maintaining the ability of program libraries 

to select the information products which meet the needs of their local constituencies. 

Pub. L. 101-219, title II, Sec. 202, Dec. 12, 1989, 103 Stat. 1874, provided that: "The Northern 

Marianas College is hereby constituted a depository to receive Government publications, and the 

Superintendent of Documents shall supply to the Northern Marianas College one copy of each 

such publication in the same form as supplied to other designated depositories.'' In this and 

following sections, new language has been inserted relative to the Commonwealth of the Northern 

Marianas. The previous specific language designating the Northern Marianas College is 

unnecessary now that the Governor of the Commonwealth of the Northern Marianas can 

designate a program library. 

In this and following sections, the term "Commissioner" of the District of Columbia has been 

replaced by "Mayor" as established by law. 

(b) Sec. 1906. Land-grant colleges and State libraries constituted depositories designated program 

libraries

Land-grant colleges and State libraries are designated constituted depositories program libraries to 

receive Government publications information subject to the depository program laws. 

Analysis of paragraph (b):

This section specifies the designation of State libraries as program libraries. This was formerly 

included in section 1903. 

(c) Sec. 1907. Libraries of executive departments, service academies, and independent agencies 

constituted depositories designated program libraries; certifications of need; disposal of unwanted 

publications

The libraries of the executive departments, of the United States Military Academy, of the United 

States Naval Academy, of the United States Air Force Academy, of the United States Coast Guard 

Academy, and of the United States Merchant Marine Academy are designated depositories of 

Government publications as program libraries. A depository program library within each 
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independent agency may be designated upon certification of need by the head of the independent 

agency to the Superintendent of Documents. Additional depository program libraries within 

executive departments and independent agencies may be designated to receive Government 

publications information products to the extent that the number so designated does not exceed the 

number of major bureaus or divisions of the departments and independent agencies. These 

designations may be made only after certification by the head of each executive department or 

independent agency to the Superintendent of Documents as to the justifiable need for additional 

depository program libraries. Depository libraries within executive departments and independent 

agencies may dispose of unwanted Government publications after first offering them to the Library 

of Congress and the Archivist of the United States. 

Analysis of paragraph (c):

The disposal language was removed from this section so that all program libraries would be bound 

by the general disposal requirements expressed in sections 1911 and 1912. 

Other language was changed to conform with new language defined in section 1901. 

(d) Sec. 1908. American Antiquarian Society to receive certain publications Government 

 information products

One copy of the public journals of the Senate and of the House of Representatives, and of the 

documents published under the orders of the Senate and House of Representatives, respectively, 

shall be transmitted to the Executive of the Commonwealth of Massachusetts for the use and 

benefit of the American Antiquarian Society of the Commonwealth. 

Analysis of paragraph (d):

Changed to conform with new language defined in section 1901. 

(e) Sec. 1915. Highest State appellate court libraries as depository program libraries

Upon the request of the highest appellate court of a State, the Public Printer is authorized to 

designate the library of that court as a depository program library. The provisions of section 1911 

of this title shall not apply to any library so designated.

Analysis of paragraph (e):

Changed to conform with new language defined in section 1901. 

(f) Sec. 1916. Designation of libraries of accredited law schools as depository program libraries

(a) Upon the request of any accredited law school, the Public Printer shall designate the library of 

such law school as a depository program library. The Public Printer may not make such 
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designation unless he the Superintendent of Documents determines that the library involved meets 

the requirements of this chapter, other than those requirements of the first undesignated paragraph 

of section 1909 of this title which relate to the location of such library. 

(b) For purposes of this section, the term "accredited law school" means any law school which is 

accredited by a nationally recognized accrediting agency or association approved by the 

Commissioner of Education for such purpose or accredited by the highest appellate court of the 

State in which the law school is located. 

Analysis of paragraph (f):

Changed to conform with new language defined in section 1901. The reference to Commissioner 

of Education is deleted as the position no longer exists. 

Sec. 1906. [Reserved] Now Sec. 1905 (b) 

Sec. 1907. [Reserved] Now Sec. 1905 (c) 

Sec. 1908. [Reserved] Now Sec. 1905 (d) 

Sec. 1909. Requirements of depository program libraries; reports on conditions; investigations; 

termination; replacement

Only a library able to provide custody and service for depository materials properly maintain and 

provide public access to Government information and located in an area where it can best serve 

the public need, and within an area not already adequately served by existing depository program

libraries may be designated by Senators, Representatives, the Resident Commissioner from Puerto 

Rico, the Commissioner Mayor of the District of Columbia, or the Governors of Guam, American 

Samoa, the Commonwealth of the Northern Marianas, or the Virgin Islands as a depository of 

Government publications program library. The designated depository program libraries shall 

report to the Superintendent of Documents at least every two years concerning their condition. 

The Superintendent of Documents shall make firsthand investigation of conditions in program 

libraries for which need is indicated and include the results of investigations in his or her annual 

report. When he the Superintendent of Documents ascertains that the number of books in a 

depository library is below ten thousand, other than Government publications, or it has ceased to 

be maintained so as to be Government information products are not accessible to the public, or 

that the Government publications products which have been furnished the library have not been 

properly maintained, he the Superintendent of Documents shall delete the library from the list of 

depository program libraries if the library fails to correct the unsatisfactory conditions within six 

months. The Representative or the Resident Commissioner from Puerto Rico in whose area the 

library is located or the Senator who made the designation, or a successor of the Senator, and, in 

the case of a library in the District of Columbia, the Commissioner Mayor of the District of 

Columbia, and, in the case of a library in Guam, American Samoa, the Commonwealth of the 

Northern Marianas, or the Virgin Islands, the Governor, shall be notified and shall then be 

authorized to designate another library within the area served by him or her, which shall meet the 
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conditions herein required, but which may not be in excess of the number of depository program

libraries authorized by laws within the State, district, territory, or the Commonwealth of Puerto 

Rico, as the case may be. 

Analysis of this section: 

The commitment to provide public service should be emphasized as a responsibility of any 

program library. Program libraries are expected to provide no-fee public access to program 

information. For tangible products, all but the regional program libraries may select what products 

they wish to receive and add to their collections, based on their assessment of local needs. For 

purely electronic Government information, program libraries are expected to be able to provide 

no-fee public access to such information as they decide to support based upon their local 

collection development plans and the needs of the local constituencies. Program electronic 

information may be accessible from GPO Access, or the Superintendent of Documents locator 

may direct and link users to another component of the Government's electronic information 

service. 

Sec. 1910. Designations of replacement depositories program libraries; limitations on numbers; 

conditions

The designation of a library to replace a depository program library, other than a depository

program library specifically designated by law, may be made only within the limitations on total 

numbers specified by section 1905 of this title, and only when the library to be replaced ceases to 

exist, or when the library voluntarily relinquishes its depository program library status, or when the 

Superintendent of Documents determines that it no longer fulfills the conditions provided by law 

for depository program libraries. 

Analysis of this section: 

Changed to conform with new language defined in section 1901. 

Sec. 1911. Provision of Government information products to program libraries; free use of 

Government publications in depositories information in program libraries; disposal of unwanted 

publications Government information products

The Superintendent of Documents shall disseminate tangible Government information products 

to program libraries at no cost to the libraries and shall ensure that program libraries have access to 

Government information products available via Government electronic information services at no 

cost.

Depository Program libraries shall make Government publications information products received 

or accessed through the program available for the free use of the general public. 

, and may dispose of them after retention for five years under section 1912 of this title, if the 

depository library is served by a regional depository library. Depository libraries not served by a 
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regional depository library, or that are regional depository libraries themselves, shall retain 

Government publications permanently, in either printed form or in microfacsimile form, except 

superseded publications or those issued later in bound form which may be discarded All tangible 

Government information products received by program libraries through the program remain the 

property of the United States Government. Program libraries may dispose of Government 

information products only as authorized by the Superintendent of Documents. 

Analysis of this section: 

The retention requirements on both regional and selective program libraries need to be clarified 

and updated. For selective program libraries, this should be accomplished by removing the 

specific five-year retention requirement from the statute, and allowing libraries to dispose of 

Government information as authorized under guidelines to be issued by the Superintendent of 

Documents. 

Sec. 1912. Regional depositories program libraries; designation; functions; disposal of 

publications; permanent public access to Government information

(a) Not more than two depository four program libraries in each State and two program libraries in 

the Commonwealth of Puerto Rico may be designated as regional depositories program libraries, 

and shall receive from the Superintendent of Documents copies of or access to all new and revised 

Government publications information products authorized for distribution to depository

dissemination to program libraries. Designation of regional depository program libraries may be 

made by a Senator or the Resident Commissioner from Puerto Rico within the areas served by 

them, after approval by consultation with the head of the library authority of the State or the 

Commonwealth of Puerto Rico, as the case may be, who shall first ascertain from the head of the 

library to be so designated that the library will, in addition to fulfilling the requirements for 

depository libraries, retain at least one copy of all Government publications either in printed or 

microfacsimile form (except those authorized to be discarded by the Superintendent of 

Documents); and fulfill the requirements of a regional program library. Within the region served, 

a regional program library will provide or coordinate the provision of all program-related activities 

in the service area, including interlibrary loan, reference service, and assistance for depository

program libraries in the disposal of unwanted Government publications as authorized by the 

Superintendent of Documents. The agreement to function as a regional depository program library 

shall be transmitted to the Superintendent of Documents by the Senator or the Resident 

Commissioner from Puerto Rico when the designation is made. 

The libraries designated as regional depositories may permit depository libraries, within the areas 

served by them, to dispose of Government publications which they have retained for five years 

after first offering them to other depository libraries within their area, then to other libraries.

(b) The Superintendent of Documents, in consultation with the State library authority, and the 

affected program libraries in the service area, may temporarily confer regional program library 

status upon an existing program library or group of program libraries, in order to ensure the 

continued availability of regional program library services within a defined service area, or to 

enhance regional program library services in a service area determined by the Superintendent of 
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Documents to be under served. A temporary conferral of regional status may continue in effect 

pending designation as a regional program library in accordance with requirements of paragraph 

(a) of this section. 

(c) Regional program libraries shall permanently maintain for public use at least one copy of all 

Government information products originally distributed either in printed, microform, or tangible 

electronic form, except those authorized to be discarded by the Superintendent of Documents. 

(d) The Superintendent of Documents will coordinate with publishing components, the National 

Archives and Records Administration, and with regional and other program libraries to establish a 

system whereby Government information products available via Government electronic 

information services will be maintained permanently for program library and general public access. 

Analysis of this section: 

The changes in this section provide for a new role for regional program libraries which is critical to 

the successful transition to a more electronic program. 

In paragraph (a), the maximum number of regional program libraries has been raised to four per 

State. The designation process has been changed to only require consultation of the State library 

authority, rather than approval. The basic responsibilities of regional program libraries are 

described. 

In paragraph (b), the Superintendent of Documents is authorized to confer regional status (not to 

"designate"), in order to provide regional services to an area which is under served. This action 

may only be taken when consultation with the State library authority and the program libraries in 

the area to be served determines that a need exists. The temporary conferral would continue in a 

pending status, until such time as the library or group of libraries is designated as a regional 

program library as authorized in paragraph (a). 

Paragraph (c) means that a regional program library's responsibility for retaining Government 

information permanently is limited to copies of tangible products, e.g. books, maps, CD-ROMs, 

etc., and is not automatically extended to electronic files made accessible via a Government 

electronic information service. Instead, a regional program library could elect to participate in the 

development of a distributed system for permanently maintaining Government electronic 

information for no-fee public access. 

Paragraph (d) is vital to the success of an electronic program. Historically, the program, through 

the mechanism of the regionals, has guaranteed permanent preservation of and access to tangible 

Government information products. With respect to purely electronic Government information, 

there is no parallel mechanism to ensure that this information is maintained for permanent public 

access. Most depository librarians and other program stakeholders are concerned about 

preserving electronic Government information for permanent public access. This language would 

authorize the Superintendent of Documents to coordinate the development of a distributed system 

including the publishing components, GPO, the National Archives and Records Administration 

(NARA), and program libraries which elect to participate for such purposes. 
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Sec. 1913. [Reserved] Appropriations for supplying depository libraries; restriction

Appropriations available for the Office of Superintendent of Documents may not be used to 

supply depository libraries documents, books, or other printed matter not requested by them, and 

their requests shall be subject to approval by the Superintendent of Documents.

Analysis of this section:

This section is no longer relevant to the administration of the program. 

Sec. 1914. Implementation of depository library program Federal Information Dissemination and 

Access Program by Public Printer

The Public Printer, with the approval of the Joint Committee on Printing, as provided by section 

103 of this title, may use any measures he or she considers necessary for the economical and 

practical implementation of this chapter. 

Analysis of this section: 

Changed to conform with new language defined in section 1901. 

Sec. 1915. [Reserved] Now Sec. 1905 (e) 

Sec. 1916. [Reserved] Now Sec. 1905 (f) 

[Proposed New] Sec. 1917. Cataloging and locator services

The Superintendent of Documents shall provide cataloging and locator services which will direct 

program libraries and the general public to Government information products. 

This will include creation of a comprehensive and timely catalog of Government information 

products which will be accessible to program libraries and the general public. The Public Printer, 

and the head of each component of the Government shall immediately deliver to the 

Superintendent of Documents two copies of every tangible Government information product 

falling within the scope of this chapter. When a component of the Government makes an 

information product available only via a Government electronic information service, the 

component shall immediately furnish information about those products to the Superintendent of 

Documents to enable the Superintendent to catalog, classify, and provide locator services. The 

Superintendent of Documents shall also prepare a consolidated index of Congressional 

documents.

Analysis of this section: 
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Incorporating electronic information into the program poses new challenges to users trying to find 

what they want. We need to coordinate the traditional Superintendent of Documents cataloging 

activity, covering tangible products, with the developing suite of locator services directing users to 

information available from Government electronic information services. 

The proposed new section would replace the existing sections 1710 and 1711, thereby eliminating 

the archaic specification for the number of printed catalogs. 

CHAPTER 17--DISTRIBUTION AND SALE OF PUBLIC DOCUMENTS 

Sec. 1710. Index of documents: number and distribution

The Superintendent of Documents, at the close of each regular session of Congress, shall prepare 

and publish a comprehensive index of public documents, upon a plan approved by the Joint 

Committee on Printing. The Public Printer shall, immediately upon its publication, deliver to him 

a copy of every document printed by the Government Printing Office. The head of each executive 

department, independent agency and establishment of the Government shall deliver to him a copy 

of every document issued or published by the department, bureau, or office not confidential in 

character. He shall also prepare and print in one volume a consolidated index of Congressional 

documents, and shall index single volumes of documents as the Joint Committee on Printing 

directs. Two thousand copies each of the comprehensive index and of the consolidated index shall 

be printed and bound in addition to the usual number, two hundred for the Senate, eight hundred 

for the House of Representatives and one thousand for distribution by the Superintendent of 

Documents.

Sec. 1711. Catalog of Government publications

On the first day of each month the Superintendent of Documents shall prepare a catalog of 

Government publications which shall show the documents printed during the preceding month, 

where obtainable, and the price. Two thousand copies of the catalog shall be printed in pamphlet 

form for distribution.

Analysis: 

Sections 1710 and 1711 are replaced by proposed new section 1917. 
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Table of Contents

Changes Proposed to Title 44, United States Code .................................. 1 

Public Printer Letter to Senate: Changes to Title 44, U.S.C....................... 3 

Changes to Chapters 17 and 19, Title 44 .............................................. 4