I 

115TH CONGRESS 

2D SESSION H. R. 5305 

To amend title 44, United States Code, to ensure the availability of nofee public access to government information, to reform the Federal Depository Library Program, to authorize the activities of the Superintendent of Documents, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2018 

Mr. HARPER (for himself, Mr. BRADY of Pennsylvania, Mr. RODNEY DAVIS

of Illinois, Mrs. COMSTOCK, Mr. WALKER, Mr. LOUDERMILK, Ms. LOFGREN, and Mr. RASKIN) introduced the following bill; which was referred 

to the Committee on House Administration, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 44, United States Code, to ensure the availability of no-fee public access to government information, 

to reform the Federal Depository Library Program, to 

authorize the activities of the Superintendent of Documents, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘FDLP Modernization 

5 Act of 2018’’. 


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1 SEC. 2. NO-FEE PUBLIC ACCESS TO GOVERNMENT INFOR2 MATION; REFORM OF FEDERAL DEPOSITORY 

3 LIBRARY PROGRAM. 

4 (a) IN GENERAL.—Chapter 17 of title 44, United 

5 States Code, is amended to read as follows: 

6 ‘‘CHAPTER 17—NO-FEE PUBLIC ACCESS TO 

7 GOVERNMENT INFORMATION 

‘‘SUBCHAPTER A—SUPERINTENDENT OF DOCUMENTS

‘‘1701. Findings; purpose; definitions. 

‘‘1702. Superintendent of Documents. 

‘‘1703. Employees and facilities of Superintendent. 

‘‘1704. Coordination and consultation with Library of Congress. 

‘‘1705. Coordination and consultation with other legislative branch officials. 

‘‘1706. Definitions. 

‘‘SUBCHAPTER B—NATIONAL COLLECTION OF INFORMATION DISSEMINATION

PRODUCTS

‘‘1721. National collection of information dissemination products. 

‘‘1722. Responsibility of offices of Government to furnish products to Superintendent of Documents. 

‘‘1723. Requirements for agreements to produce or procure products. 

‘‘1724. Special requirements for electronic information dissemination products. 

‘‘1725. Cataloging and related services for information dissemination products. 

‘‘1726. Collection development plan. 

‘‘1727. Replacement and removal of products from national collection. 

‘‘SUBCHAPTER C—ONLINE REPOSITORY

‘‘1731. Establishment and operation of online repository for no-fee access to information dissemination products. 

‘‘1732. Authentication of products. 

‘‘1733. Privacy of users. 

‘‘SUBCHAPTER D—FEDERAL DEPOSITORY LIBRARY PROGRAM

‘‘1741. No-fee access to products through Federal Depository Libraries. 

‘‘1742. Requirements for Federal Depository Libraries. 

‘‘1743. Services available for depository libraries. 

‘‘1744. Selective Depository Libraries. 

‘‘1745. Regional Depository Libraries. 

‘‘1746. Preservation Depository Libraries. 

‘‘1747. Procedures for designation. 

‘‘SUBCHAPTER E—SALES PROGRAM

‘‘1751. Sales program. 

‘‘1752. Determination of costs of products. 


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‘‘1753. Inventory. 

‘‘SUBCHAPTER F—OTHER PROGRAMS AND AUTHORITIES

‘‘1761. By-law distribution program. 

‘‘1762. International Exchange Service Program. 

‘‘1763. Acceptance of gifts. 

‘‘1764. Authorities of Director of the Government Publishing Office. 

‘‘1765. Source of funds used to carry out programs and activities. 

‘‘1766. Congressional oversight. 

1 ‘‘SUBCHAPTER A—SUPERINTENDENT OF 

2 DOCUMENTS 

3 ‘‘§ 1701. Findings; purpose; definitions 

4 ‘‘(a) FINDINGS.—Congress finds the following: 

5 ‘‘(1) The free flow of government information is 

6 fundamental to a democratic society, and members 

7 of the public have a right of access to government 

8 information. 

9 ‘‘(2) The Federal Depository Library Program 

10 is an essential means by which members of the pub11 lic access government information. These libraries 

12 partner with the Government Publishing Office and 

13 offices of the Federal Government to ensure that 

14 members of the public throughout the United States 

15 have effective, no-fee access to government informa16 tion. 

17 ‘‘(3) The majority of government information 

18 currently produced is in electronic format. As a re19 sult, 97 percent of new information available 

20 through the Federal Depository Library Program is 

21 in electronic format. 


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1 ‘‘(4) Government has a responsibility to dis2 seminate and provide permanent public access to in3 formation in order to ensure that members of the 

4 public are fully aware of the activities of their gov5 ernment, to spur innovation and research, and to 

6 promote good government. 

7 ‘‘(5) The sole focus of the Superintendent of 

8 Documents should be on implementing programs to 

9 ensure no-fee access to government information. 

10 ‘‘(b) PURPOSE.—It is the purpose of this chapter to 

11 promote the greatest possible public access to information 

12 dissemination products by authorizing the Superintendent 

13 of Documents to— 

14 ‘‘(1) establish a national collection of informa15 tion dissemination products and to provide no-fee, 

16 permanent public access to such collection through 

17 an online repository established and operated by the 

18 Director of the Government Publishing Office under 

19 subchapter C and through the Federal Depository 

20 Library Program under subchapter D; 

21 ‘‘(2) carry out a cataloging and indexing pro22 gram for the products in such national collection; 

23 ‘‘(3) carry out a by-law distribution program 

24 and an international exchange service program 

25 under subchapter F; and 


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1 ‘‘(4) collaborate with offices of the Federal Gov2 ernment, Federal Depository Libraries, and library 

3 associations and consortia. 

4 ‘‘§ 1702. Superintendent of Documents 

5 ‘‘(a) APPOINTMENT.—The Director of the Govern6 ment Publishing Office shall appoint an individual to serve 

7 as the Superintendent of Documents, without regard to 

8 political affiliation and solely based on professional quali9 fications to perform the duties and responsibilities of the 

10 position, and who shall serve at the pleasure of the Direc11 tor of the Government Publishing Office. 

12 ‘‘(b) DUTIES.—Under the general direction of the Di13 rector of the Government Publishing Office, the Super14 intendent of Documents shall administer the programs of 

15 GPO which provide no-fee public access to Federal infor16 mation dissemination products (IDPs) under this chapter. 

17 ‘‘(c) QUALIFICATIONS.—The individual appointed as 

18 the Superintendent of Documents shall be an accom19 plished general manager and practitioner of library and 

20 information sciences, including the identification, acquisi21 tion, authentication, cataloging, dissemination, mainte22 nance, and preservation of information dissemination 

23 products regardless of form or format. 


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1 ‘‘(d) COMPENSATION.—The Superintendent of Docu2 ments shall be compensated at an annual rate equal to 

3 level III of the Executive Schedule. 

4 ‘‘§ 1703. Employees and facilities of Superintendent 

5 ‘‘(a) APPOINTMENT OF EMPLOYEES; PROVISION OF

6 FACILITIES.—The Director of the Government Publishing 

7 Office, upon the requisition of the Superintendent of Doc8 uments, shall appoint necessary assistants, furnish blanks, 

9 and do the printing and binding required by the Super10 intendent of Documents. The Director shall provide con11 venient office, storage, and distributing rooms for the use 

12 of the Superintendent of Documents. 

13 ‘‘(b) PAY OF EMPLOYEES FOR NIGHT, SUNDAY, 

14 HOLIDAY, AND OVERTIME WORK.—Employees of the Su15 perintendent of Documents may be paid for night, Sun16 day, holiday, and overtime work at rates not in excess of 

17 the rates of additional pay for this work allowed other em18 ployees of the Government Publishing Office under section 

19 305 of this title. 

20 ‘‘§ 1704. Coordination and consultation with Library 

21 of Congress 

22 ‘‘In carrying out this chapter, the Superintendent of 

23 Documents shall coordinate and consult with the Librar24 ian of Congress, especially with respect to the provisions 

25 of this title which affect the collections of the Library of 


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1 Congress and the services the Library provides to Con2 gress. 

3 ‘‘§ 1705. Coordination and consultation with other 

4 legislative branch officials 

5 ‘‘In addition to the coordination and consultation re6 quired under section 1704, in carrying out this chapter, 

7 the Superintendent of Documents shall coordinate and 

8 consult with appropriate officials of the legislative branch, 

9 including the Clerk of the House of Representatives, the 

10 Secretary of the Senate, and the Librarian of Congress, 

11 with respect to the production and dissemination of infor12 mation dissemination products of Congress for inclusion 

13 in the legislative information retrieval system established 

14 and operated under section 209 of the Legislative Branch 

15 Appropriations Act, 1996 (2 U.S.C. 180). 

16 ‘‘§ 1706. Definitions 

17 ‘‘(a) DEFINITION OF ‘PRINTING’.— 

18 ‘‘(1) DEFINITION.—In this chapter, the term 

19 ‘printing’ includes and applies to the all of the proc20 esses used to capture, process, and duplicate digital 

21 or tangible information, including— 

22 ‘‘(A) any formatting, composition, digitiza23 tion, platemaking, presswork, and binding or 

24 other finishing, or the manufacturing of related 

25 material; 


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1 ‘‘(B) the equipment and software applica2 tions used in such processes; and 

3 ‘‘(C) the end items in any tangible or dig4 ital form produced by such processes and equip5 ment for use by an end user. 

6 ‘‘(2) REVIEW; UPDATES.—The Director of the 

7 Government Publishing Office shall regularly review 

8 the definition under this subsection to ensure that it 

9 is consistent with international and commercial prac10 tice, and not less frequently than every 5 years, shall 

11 submit recommendations to the Committee on House 

12 Administration of the House of Representatives and 

13 the Committee on Rules and Administration of the 

14 Senate for updates to the definition so that it re15 flects the most current technology. 

16 ‘‘(b) OTHER DEFINITIONS.—In this chapter, the fol17 lowing definitions apply: 

18 ‘‘(1) The term ‘dissemination’ means the gov19 ernment-initiated distribution of information to a 

20 nongovernment entity, including the public. Such 

21 term does not include any distribution which is lim22 ited to Federal Government employees, intra- or 

23 inter-office use or sharing of Federal information, 

24 and responses to requests for agency records under 


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1 the Freedom of lnformation Act (section 552 of title 

2 5) or the Privacy Act (section 552a of title 5). 

3 ‘‘(2) The term ‘document’ means an informa4 tion dissemination product. 

5 ‘‘(3) The term ‘electronic information dissemi6 nation product’ means an information dissemination 

7 product which is created for or transmitted through 

8 an electronic communications system or network of 

9 the office in which the product originated. 

10 ‘‘(4) The term ‘Federal information’ means in11 formation created, collected, processed, maintained, 

12 disseminated, disclosed, or disposed of by or for the 

13 Federal Government, in any medium or form. 

14 ‘‘(5) The term ‘Federal information system’ 

15 means an information system used or operated by an 

16 office of the Federal Government or by a contractor 

17 of such an office or by another organization on be18 half of such an office. 

19 ‘‘(6) The term ‘fugitive document’ means an in20 formation dissemination product which is not cata21 loged or otherwise identifiable or retrievable by an 

22 end user through the online repository under section 

23 1721 of this title. 

24 ‘‘(7) The term ‘Government publication’ means 

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1 ment at Government expense, or as required by law, 

2 in any medium or form. 

3 ‘‘(8) The term ‘graphic communication’ means 

4 electronic and traditional printing, publishing, pack5 aging, digital imaging, computer graphics, website 

6 development, digital photography, printable elec7 tronics, and related activities. 

8 ‘‘(9) The term ‘information’ means any commu9 nication or representation of knowledge such as 

10 facts, data, or opinions in any medium or form, in11 cluding textual, numerical, graphic, cartographic, 

12 narrative, electronic, or audiovisual forms. 

13 ‘‘(10) The term ‘information dissemination 

14 product’ or ‘IDP’ means any recorded information, 

15 regardless of physical form or characteristics, dis16 seminated by an office of the Federal Government, 

17 or contractor thereof, to the public, and including 

18 any recorded information incorporated by reference 

19 into the Code of Federal Regulations. Notwith20 standing the provisions of section 106 of title 17, it 

21 is not an infringement of any copyright that may 

22 subsist in works within an IDP to reproduce, pre23 pare derivative works of, display, perform, distribute, 

24 or utilize (including through text or data mining) 

25 IDPs under this title. 


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1 ‘‘(11) The term ‘inter-office agreement’ means 

2 a written agreement entered into between two or 

3 more offices of the Federal Government that speci4 fies the goods to be furnished or tasks to be accom5 plished by one office (the servicing office) in support 

6 of the other(s) (the requesting office), including as7 sisted acquisitions as described in the Memorandum 

8 of the Office of Management and Budget entitled 

9 ‘Improving the Management and Use of lnteragency 

10 Acquisitions’ and other cases described in part 17 of 

11 the Federal Acquisition Regulations. 

12 ‘‘(12) The term ‘national collection’ means 

13 (subject to subchapter B) the collection of informa14 tion dissemination products produced by the Federal 

15 Government, and (as described in subchapter B) is 

16 a distributed collection accessible from the online re17 pository under subchapter C, the Federal Depository 

18 Libraries under subchapter D, and through agree19 ments with other entities as provided by this chap20 ter. 

21 ‘‘(13) The term ‘personally identifiable informa22 tion’ means information that can be used to distin23 guish or trace an individual’s identity, either alone 

24 or when combined with other information that is 

25 linked or linkable to a specific individual. 


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1 ‘‘(14) The term ‘public information’ means any 

2 information, regardless of form or format, that an 

3 office of the Federal Government discloses, dissemi4 nates, or makes available to the public. 

5 ‘‘(15) The term ‘publication’ means informa6 tional matter which is published as an individual 

7 document at Federal Government expense, or as re8 quired by law. 

9 ‘‘(16) The term ‘State’ means, except where 

10 otherwise provided, each of the several States, the 

11 District of Columbia, the Commonwealth of Puerto 

12 Rico, American Samoa, Guam, the United States 

13 Virgin Islands, and the Commonwealth of the North14 ern Mariana Islands. 

15 ‘‘(17) The term ‘trustworthy information sys16 tem’ means an information system that is believed to 

17 be capable of operating within defined levels of risk 

18 despite the environmental disruptions, human errors, 

19 structural failures, and purposeful attacks that are 

20 expected to occur in its environment of operation. 


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1 ‘‘SUBCHAPTER B—NATIONAL COLLECTION OF 

2 INFORMATION DISSEMINATION PRODUCTS 

3 ‘‘§ 1721. National collection of information dissemina4 tion products 

5 ‘‘(a) ESTABLISHMENT OF COLLECTION.—In order to 

6 provide permanent public access to information dissemina7 tion products that may be of public interest or educational 

8 value, in accordance with this subchapter, the Super9 intendent of Documents shall establish a comprehensive, 

10 national collection of information dissemination products 

11 which are determined to be appropriate for inclusion in 

12 the collection, and shall include all information dissemina13 tion products which have been incorporated by reference 

14 into the Code of Federal Regulations. 

15 ‘‘(b) PUBLIC ACCESS TO COLLECTION.—Except as 

16 provided in subsection (c), the Superintendent shall pro17 vide permanent public access to all of the information dis18 semination products which are included in the national 

19 collection through each of the following means: 

20 ‘‘(1) The online repository established and oper21 ated by the Director of the Government Publishing 

22 Office under subchapter C. 

23 ‘‘(2) The Federal Depository Library Program 

24 under subchapter D. 


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1 ‘‘(3) Methods established for access to products 

2 in incompatible formats, as determined under section 

3 1722(b)(2). 

4 ‘‘(4) Cataloging, indexing, identification, loca5 tion, availability, and format designation services 

6 under section 1725. 

7 ‘‘(c) NO PUBLIC ACCESS FOR CERTAIN PRODUCTS.— 

8 ‘‘(1) PRODUCTS DESCRIBED.—The Super9 intendent shall not provide public access to an infor10 mation dissemination product which is included in 

11 the national collection under this subchapter if any 

12 of the following apply: 

13 ‘‘(A) The product is a cooperative publica14 tion which must necessarily be sold in order to 

15 be self-sustaining, unless the applicable official 

16 enters into an agreement with the Super17 intendent to make the product accessible to the 

18 public. 

19 ‘‘(B) The product contains information the 

20 disclosure of which would constitute a clearly 

21 unwarranted invasion of personal privacy. 

22 ‘‘(C) Prohibiting public access to the prod23 uct is necessary to comply with relevant law. 

24 ‘‘(2) SPECIAL RULE FOR CERTAIN PRODUCTS.— 

25 Paragraph (1) does not apply with respect to— 


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1 ‘‘(A) an information dissemination product 

2 which an office disseminates in electronic form 

3 to the public at no cost; or 

4 ‘‘(B) an information dissemination product 

5 consisting of a standard which has been incor6 porated by reference into the Code of Federal 

7 Regulations. 

8 ‘‘(3) NOTIFICATION BY APPLICABLE OFFI9 CIALS.—Each applicable official shall notify the Su10 perintendent of each instance in which an informa11 tion dissemination product is subject to paragraph 

12 (1). 

13 ‘‘(d) HISTORICAL COLLECTION.—In maintaining the 

14 national collection under this subchapter, the Super15 intendent shall oversee the maintenance of information 

16 dissemination products which were created and distributed 

17 prior to the effective date of the FDLP Modernization Act 

18 of 2018. 

19 ‘‘(e) APPLICABLE OFFICIAL DEFINED.—In this sub20 chapter, the term ‘applicable official’ with respect to an 

21 information dissemination product is as follows: 

22 ‘‘(1) In the case of an IDP originating in an of23 fice of the executive branch, the head of the office 

24 in which the IDP originated. 


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1 ‘‘(2) In the case of an IDP originating in an of2 fice of the legislative branch, the head of the office 

3 in which the IDP originated, except that— 

4 ‘‘(A) if the IDP originated in an office of 

5 the House of Representatives, the term ‘appli6 cable official’ is the Clerk of the House of Rep7 resentatives; and 

8 ‘‘(B) if the IDP originated in the Senate, 

9 the term ‘applicable official’ is the Secretary of 

10 the Senate. 

11 ‘‘(3) In the case of an IDP originating in the 

12 judicial branch, the Director of the Administrative 

13 Office of the United States Courts or the Clerk of 

14 the United States Supreme Court (as the case may 

15 be). 

16 ‘‘§ 1722. Responsibility of offices of Government to 

17 furnish products to Superintendent of 

18 Documents 

19 ‘‘(a) REQUIREMENT TO FURNISH PRODUCTS.— 

20 ‘‘(1) IN GENERAL.—If an office of the Federal 

21 Government produces or procures an information 

22 dissemination product, regardless of form or format, 

23 the applicable official shall furnish the product to 

24 the Superintendent of Documents for inclusion in 

25 the national collection established and maintained 


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1 under this subchapter at the applicable price de2 scribed in paragraph (2), not later than the date on 

3 which the product is made available to the public. 

4 ‘‘(2) APPLICABLE PRICE DESCRIBED.—In para5 graph (1), the ‘applicable price’ with respect to an 

6 information dissemination product is— 

7 ‘‘(A) in the case of a product in electronic 

8 form which the office involved disseminates to 

9 the public at no cost, $0; or 

10 ‘‘(B) in the case of any other product, such 

11 price as may be appropriate, but not to exceed 

12 the actual cost to the office involved of pro13 ducing an additional copy of the product. 

14 ‘‘(b) FORM AND FORMAT.— 

15 ‘‘(1) IN GENERAL.—In furnishing an informa16 tion dissemination product to the Superintendent of 

17 Documents under this subchapter, the applicable of18 ficial shall deposit with and notify the Super19 intendent of digital or tangible (as applicable) 

20 versions of such IDP, regardless of the form or for21 mat of the product, in such manner as will enable 

22 the Superintendent to perform cataloging, indexing, 

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1 tion 1725 and authentication with respect to the 

2 IDP under section 1722. 

3 ‘‘(2) SPECIAL RULE FOR INCOMPATIBLE FOR4 MATS.— 

5 ‘‘(A) PROVIDING LOCATION AND ACCESS.— 

6 If the form or format of an IDP is not compat7 ible with the electronic systems of the Govern8 ment Publishing Office, and it is not practicable 

9 to make the form or format of the IDP compat10 ible with such systems, the applicable official 

11 shall meet the requirements of this section by 

12 providing the Superintendent with information 

13 on where the content of the IDP is held and 

14 how the Superintendent may access the content, 

15 and by providing access to and preserving the 

16 content of the IDP. 

17 ‘‘(B) CATALOGING, PUBLIC ACCESS, AND

18 PRESERVATION.—The Superintendent, in con19 sultation with the applicable official, shall deter20 mine the best method to catalog, provide public 

21 access to (including through the Federal Depos22 itory Library Program under subchapter D), 

23 and preserve an IDP which is subject to sub24 paragraph (A). 


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1 ‘‘(c) NOTIFICATIONS REGARDING CHANGES IN PRO2 DUCTION OR PROCUREMENT OF PRODUCTS.— 

3 ‘‘(1) IN GENERAL.—The applicable official shall 

4 immediately notify the Superintendent of the intent 

5 of an office to produce or procure, substantially 

6 modify, or terminate the production of an informa7 tion dissemination product, regardless of form or 

8 format, in order to enable the Superintendent to 

9 continue to provide public access to the product 

10 under this chapter, including access through the 

11 Federal Depository Library Program under sub12 chapter D at the applicable price described in sub13 section (a)(2). Nothing in this paragraph shall be 

14 construed to affect the application of section 3506 of 

15 this title to any office or applicable official. 

16 ‘‘(2) PUBLIC NOTICE.—The Superintendent of 

17 Documents shall publish in the Federal Register, 

18 and provide timely notice to the public and the Fed19 eral Depository Libraries under subchapter D, of no20 tifications received under paragraph (1). In the case 

21 of notifications that an office intends to terminate 

22 the production of an information dissemination 

23 product, eliminate the production or availability in 

24 tangible form of an information dissemination prod25 uct, or otherwise limit the provision of public access 


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1 to an information dissemination product to only elec2 tronic means, the Superintendent of Documents 

3 shall provide such notice not later than 10 days 

4 after receiving the notification. 

5 ‘‘(3) RESTRICTIONS ON AUTHORITY TO ELIMI6 NATE PRINTED COPIES OF PRODUCTS.—An office 

7 may not terminate the production of an information 

8 dissemination product, eliminate the production or 

9 availability in tangible form of an information dis10 semination product, or otherwise limit the provision 

11 of public access to such product to only electronic 

12 means, until the expiration of the 70-day period 

13 which begins on the date the head of the office noti14 fies the Superintendent of Documents of the intent 

15 to terminate such production, eliminate such produc16 tion or availability in tangible form, or limit such ac17 cess to electronic means (as the case may be). 

18 ‘‘(d) FAILURE TO FURNISH PRODUCT.—If an appli19 cable official fails to furnish an IDP to the Superintendent 

20 of Documents under this section— 

21 ‘‘(1) the Superintendent is authorized to obtain 

22 the IDP; and 

23 ‘‘(2) the office of the applicable official shall re24 imburse the Superintendent for the costs incurred in 

25 obtaining and disseminating the IDP. 


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1 ‘‘(e) ADDITIONAL METHODS OF OBTAINING PROD2 UCTS.— 

3 ‘‘(1) IN GENERAL.—In addition to the proce4 dures in this section, the Superintendent of Docu5 ments may use any other means not prohibited by 

6 law to obtain an information dissemination product 

7 for inclusion in the national collection under this 

8 subchapter. 

9 ‘‘(2) COLLECTION OF PRODUCTS IN COLLEC10 TION OF FEDERAL DEPOSITORY LIBRARIES.—The 

11 Superintendent may enter into arrangements with a 

12 Federal Depository Library under subchapter D to 

13 obtain from such Library any IDPs in the Library’s 

14 own collection of documents and materials and the 

15 metadata associated with any such IDPs. 

16 ‘‘(f) ROLE OF DIRECTOR OF THE GOVERNMENT PUB17 LISHING OFFICE.— 

18 ‘‘(1) SUPERVISION AND OVERSIGHT.—The Su19 perintendent of Documents shall carry out this sec20 tion under the supervision of the Director of the 

21 Government Publishing Office, who shall be respon22 sible for ensuring the compliance of offices of the 

23 Federal Government with this section. 

24 ‘‘(2) AVAILABILITY OF GPO PRODUCTS.—The 

25 Director of the Government Publishing Office shall 


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1 provide the Superintendent with adequate metadata 

2 and copies, in digital and tangible form (if available) 

3 of all information dissemination products produced 

4 or procured by the Government Publishing Office. 

5 ‘‘(g) STEPS TO ENSURE COMPLIANCE BY APPLICA6 BLE OFFICIALS.— 

7 ‘‘(1) REGULATIONS.—Each applicable official 

8 shall establish guidelines and procedures to ensure 

9 that the appropriate personnel of the applicable offi10 cial’s office meet the requirements of this section. To 

11 the extent that the applicable official has the author12 ity under law to promulgate regulations, the official 

13 shall establish such guidelines and procedures by 

14 regulation. 

15 ‘‘(2) REPORTS TO DIRECTOR OF THE GOVERN16 MENT PUBLISHING OFFICE.—Not later than 180 

17 days after the date of the enactment of the FDLP 

18 Modernization Act of 2018 and every 3 years there19 after, each applicable official shall submit a report 

20 to the Director of the Government Publishing Office 

21 setting forth a plan to ensure the official’s compli22 ance with the requirements of this section, including 

23 steps to sanction employees of the official’s office for 

24 failure to comply with such requirements. 


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1 ‘‘(h) EFFECTIVE DATE; TRANSITION RULE FOR

2 ELECTRONIC PRODUCTS FURNISHED TO DEPOSITORY LI3 BRARIES.— 

4 ‘‘(1) IN GENERAL.—This section shall apply 

5 with respect to any information dissemination prod6 uct produced or procured on or after the effective 

7 date of the FDLP Modernization Act of 2018. 

8 ‘‘(2) FURNISHING ELECTRONIC PRODUCTS TO

9 FEDERAL DEPOSITORY LIBRARIES DURING TRANSI10 TION.— 

11 ‘‘(A) INVENTORY OF PRODUCTS.—Not 

12 later than 2 years after the date of the enact13 ment of the FDLP Modernization Act of 2018, 

14 the applicable official of each office shall pro15 vide the Superintendent of Documents with an 

16 inventory of, and access to, all electronic infor17 mation dissemination products (as defined in 

18 section 1724) which originated in the office 

19 prior to the effective date of such Act. 

20 ‘‘(B) FURNISHING OF PRODUCTS TO LI21 BRARIES.—If, in the same manner applicable to 

22 information dissemination products under sec23 tion 1721, the Superintendent determines that 

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1 sion in the national collection under this sub2 chapter (if the product were procured or pro3 duced after the effective date of the FDLP 

4 Modernization Act of 2018), the applicable offi5 cial shall furnish the product to the Super6 intendent for distribution to Federal Depository 

7 Libraries under subchapter D, as determined by 

8 the Superintendent. 

9 ‘‘(C) COSTS.—The cost of furnishing an 

10 IDP to a Federal Depository Library under this 

11 paragraph shall be paid by the Superintendent 

12 of Documents. 

13 ‘‘§ 1723. Requirements for agreements to produce or 

14 procure products 

15 ‘‘(a) NOTIFICATION TO SUPERINTENDENT OF DOCU16 MENTS.—An office of the Federal Government may not 

17 enter into a contract for the procurement of production 

18 of an information dissemination product by any entity 

19 other than the Director of the Government Publishing Of20 fice, regardless of form or format, unless each of the fol21 lowing requirements is met: 

22 ‘‘(1) Prior to entering into the contract, the ap23 plicable official notifies the Superintendent of Docu24 ments. 


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1 ‘‘(2) The contract includes a requirement that 

2 the office shall ensure that the product will be fur3 nished to the Superintendent in accordance with the 

4 requirements of this chapter, including any require5 ment regarding the number, type, and format of 

6 copies of the product. 

7 ‘‘(3) The contract includes a requirement that 

8 the office shall meet such conditions as the Super9 intendent may require to ensure no-fee public access 

10 to the product in accordance with this chapter. 

11 ‘‘(b) PRIOR CERTIFICATION OF NOTICE TO SUPER12 INTENDENT.—No production or procurement of an IDP 

13 may take place under a contract described in subsection 

14 (a) until the applicable official verifies that notice of the 

15 contract was provided to the Superintendent of Docu16 ments. 

17 ‘‘(c) ROLE OF DIRECTOR OF THE GOVERNMENT

18 PUBLISHING OFFICE.—The Superintendent of Documents 

19 shall carry out this section under the supervision of the 

20 Director of the Government Publishing Office, who shall 

21 be responsible for ensuring the compliance of offices of 

22 the Federal Government with this section. 


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1 ‘‘§ 1724. Special requirements for electronic informa2 tion dissemination products 

3 ‘‘(a) TYPES OF MATERIAL REQUIRED TO BE FUR4 NISHED TO SUPERINTENDENT OF DOCUMENTS.—For 

5 purposes of section 1722, upon request of the Super6 intendent of Documents, the applicable official shall 

7 promptly provide the Superintendent with copies of, or ac8 cess to, electronic files and metadata or other digital de9 scriptive material associated with an electronic informa10 tion dissemination product (including any relevant mate11 rial necessary for the Superintendent to comply with sec12 tion 1725) which will enable the Superintendent to provide 

13 permanent public access to the IDP through the online 

14 repository under subchapter C and through the Federal 

15 Depository Library Program under subchapter D. 

16 ‘‘(b) SPECIAL RULES FOR PRODUCTS MADE AVAIL17 ABLE ON WEBSITES OF ORIGINATING OFFICES.— 

18 ‘‘(1) SHARING OF METADATA WITH DIRECTOR

19 OF THE GOVERNMENT PUBLISHING OFFICE.—If an 

20 office of the Government makes an electronic infor21 mation dissemination product of the office available 

22 to the public through the office’s website, the head 

23 of the office shall ensure that the Director of the 

24 Government Publishing Office (acting through the 

25 Superintendent of Documents) has the appropriate 

26 metadata associated with the product to enable the 


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1 Director of the Government Publishing Office to 

2 provide a link to the product through the online re3 pository under subchapter C. 

4 ‘‘(2) TREATMENT OF ONLINE FEE-FOR-SERVICE

5 PROGRAMS.—If an office of the Government makes 

6 IDPs available to the public online under a fee-for7 service program, the office shall ensure that the Su8 perintendent of Documents has access to such serv9 ices, at a cost no greater than the applicable price 

10 described in section 1722(a)(2), so that the Super11 intendent may make such services available to Fed12 eral Depository Libraries under subchapter D. 

13 ‘‘(c) ONLINE PUBLIC ACCESS DURING TRANSITION

14 TO ONLINE REPOSITORY.—If, at any time after the effec15 tive date of the FDLP Modernization Act of 2018, the 

16 online repository under subchapter C is not in operation, 

17 each office in which an electronic information dissemina18 tion product originates shall provide permanent public ac19 cess to the IDP through an electronic communications sys20 tem or network. 

21 ‘‘§ 1725. Cataloging and related services for informa22 tion dissemination products 

23 ‘‘(a) CATALOGING, INDEXING, IDENTIFICATION, LO24 CATION, AVAILABILITY, AND FORMAT DESIGNATION

25 SERVICES.— 


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1 ‘‘(1) SERVICES DESCRIBED.—The Super2 intendent of Documents shall— 

3 ‘‘(A) perform cataloging, indexing, identi4 fication, location, availability, and format des5 ignation services with respect to the information 

6 dissemination products included in the national 

7 collection under this subchapter; 

8 ‘‘(B) perform cataloging, indexing, identi9 fication, location, availability, and format des10 ignation services with respect to any informa11 tion dissemination products which are included 

12 in the historical collection under section 

13 1721(d); and 

14 ‘‘(C) make the resulting cataloging, index15 ing, identification, location, availability, and for16 mat designation information available for no-fee 

17 public access under the program described in 

18 subsection (b), and as part of the national col19 lection under this subchapter. 

20 ‘‘(2) ENSURING INCORPORATION OF CURRENT

21 METHODOLOGIES AND PRACTICES.—The Super22 intendent shall periodically review and revise the 

23 methods by which the Superintendent performs the 

24 services required under paragraph (1) to ensure that 

25 such methods incorporate contemporary library and 


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1 information management methodologies and prac2 tices. 

3 ‘‘(b) CATALOG OF GOVERNMENT PRODUCTS.— 

4 ‘‘(1) ESTABLISHMENT OF CATALOG.—The Su5 perintendent of Documents shall establish and main6 tain a Catalog of Government Products consisting of 

7 a comprehensive set of metadata, including the dig8 ital object identifier, associated with information dis9 semination products, including existing products 

10 which are not yet catalogued, and may make the 

11 records of such Catalog available in other biblio12 graphic utilities that support widely available record 

13 sharing. 

14 ‘‘(2) NATIONAL BIBLIOGRAPHIC RECORDS IN15 VENTORY.—The Superintendent shall carry out a 

16 program to bring fugitive documents under biblio17 graphic control and to make records associated with 

18 such documents available through the Catalog estab19 lished and maintained under paragraph (1) and 

20 other appropriate bibliographic utilities. 

21 ‘‘(c) DIGITIZATION.— 

22 ‘‘(1) IN GENERAL.—The Superintendent of 

23 Documents is authorized to digitize, to the greatest 

24 extent practicable, all information dissemination 

25 products created at any time, and to include such 


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1 products in digitized form in the national collection 

2 under this subchapter. 

3 ‘‘(2) AUTHENTICATION.—To the greatest extent 

4 practicable, the Superintendent shall identify the 

5 chain of custody or other provenance of IDPs in the 

6 national collection under this subchapter which are 

7 in digitized form, and shall verify that such IDPs 

8 are complete and unaltered. 

9 ‘‘(d) AUTHORIZING ACTIVITIES TO BE CARRIED OUT

10 BY OTHER ENTITIES.— 

11 ‘‘(1) AUTHORIZATION.—The Superintendent of 

12 Documents may enter into an agreement with an13 other entity (including a Federal Depository Library 

14 under subchapter D) to carry out any of the activi15 ties authorized under this section, in accordance 

16 with regulations promulgated under this subchapter. 

17 ‘‘(2) TREATMENT OF WORK PRODUCT AS WORK

18 OF UNITED STATES GOVERNMENT FOR PURPOSES OF

19 COPYRIGHT.—For purposes of section 105 of title 

20 17, any work product produced under an agreement 

21 entered into under paragraph (1) shall be considered 

22 a work of the United States Government. 

23 ‘‘(e) COORDINATION WITH OTHER LEGISLATIVE

24 BRANCH OFFICIALS.—In carrying out this section, the 

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1 priate officials of the legislative branch, including the 

2 Clerk of the House of Representatives, the Secretary of 

3 the Senate, and the Librarian of Congress, with respect 

4 to the dissemination of information dissemination prod5 ucts under this subchapter for inclusion in the legislative 

6 information retrieval system established and operated 

7 under section 209 of the Legislative Branch Appropria8 tions Act, 1996 (2 U.S.C. 180). 

9 ‘‘§ 1726. Collection development plan 

10 ‘‘(a) PLAN.—The Superintendent of Documents shall 

11 establish a collection development plan for the national 

12 collection of information dissemination products under 

13 this subchapter, taking into consideration the require14 ments of the online repository under subchapter C and the 

15 needs of the Federal Depository Library Program under 

16 subchapter D. 

17 ‘‘(b) REGULATIONS.—The collection development 

18 plan under this section shall be carried out in accordance 

19 with regulations promulgated under this subchapter. 

20 ‘‘§ 1727. Replacement and removal of products from 

21 national collection 

22 ‘‘(a) LIMITATION ON REPLACEMENT AND RE23 MOVAL.—An information dissemination product may not 

24 be replaced or removed from the national collection under 


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1 this subchapter except as provided under the policies de2 scribed in subsection (b). 

3 ‘‘(b) POLICIES.— 

4 ‘‘(1) IN GENERAL.—The Superintendent of 

5 Documents shall carry out each of the following poli6 cies with respect to the information dissemination 

7 products, regardless of form or format, which are in8 cluded in the national collection under this sub9 chapter: 

10 ‘‘(A) A policy for the replacement of an 

11 IDP in case of error. 

12 ‘‘(B) A policy for the removal of an IDP 

13 when required to comply with relevant law. 

14 ‘‘(2) REQUIREMENTS.—The policies described 

15 in paragraph (1) shall provide for— 

16 ‘‘(A) notification of the replacement or re17 moval to the public and the Federal Depository 

18 Libraries; and 

19 ‘‘(B) compliance with relevant law, includ20 ing the need for the preservation of materials 

21 for archival purposes with the National Ar22 chives and Records Administration. 

23 ‘‘(c) REGULATIONS.—Each of the policies under this 

24 section shall be carried out in accordance with regulations 

25 promulgated under this subchapter. 


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1 ‘‘SUBCHAPTER C—ONLINE REPOSITORY 

2 ‘‘§ 1731. Establishment and operation of online repos3 itory for no-fee access to information dis4 semination products 

5 ‘‘(a) ONLINE REPOSITORY.—The Director of the 

6 Government Publishing Office shall establish and operate 

7 a trustworthy information system and online repository 

8 through which members of the public may obtain, at no 

9 charge, information dissemination products which are in10 cluded in the national collection established and main11 tained under subchapter B. 

12 ‘‘(b) OPEN AND BULK FORMATS.—To the greatest 

13 extent practicable, the online repository shall provide users 

14 with access to IDPs in open, machine-readable, and non15 proprietary formats, and be available for bulk download 

16 with the relevant metadata incorporated. 

17 ‘‘(c) PRESERVATION OF PRODUCTS.—The Director of 

18 the Government Publishing Office shall ensure the preser19 vation for permanent public access of information dissemi20 nation products included in the online repository, includ21 ing through a program providing for the permanent reten22 tion of digital materials. 

23 ‘‘§ 1732. Authentication of products 

24 ‘‘(a) REQUIRING AUTHENTICATION.—To the greatest 

25 extent practicable, the Director of the Government PubVerDate Sep 11 2014 23:55 Mar 15, 2018 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H5305.IH H5305

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1 lishing Office shall ensure that each information dissemi2 nation product made available on the online repository 

3 under this subchapter is authenticated, identify the prod4 uct’s chain of custody or other provenance, and verify that 

5 the product is complete and unaltered. 

6 ‘‘(b) IDENTIFICATION OF NON-AUTHENTICATED

7 PRODUCTS.—The Director of the Government Publishing 

8 Office shall ensure that if any IDP in the online repository 

9 is not authenticated, the lack of authentication shall be 

10 noted within the IDP. 

11 ‘‘§ 1733. Privacy of users 

12 ‘‘(a) PROTECTING USER PRIVACY.—Not later than 

13 180 days after the date of the enactment of the FDLP 

14 Modernization Act of 2018, the Superintendent of Docu15 ments shall implement measures to protect the privacy of 

16 individuals using the online repository under this sub17 chapter, and shall ensure that such measures provide 

18 users with at least the same level of privacy as provided 

19 under section 552a of title 5 (commonly known as the Pri20 vacy Act of 1974) and section 208 of the E–Government 

21 Act of 2002 (Public Law 107–347; set out as a note under 

22 section 3501 of this title). 

23 ‘‘(b) REGULATIONS.—This section shall be carried 

24 out in accordance with regulations promulgated under this 

25 subchapter. 


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1 ‘‘SUBCHAPTER D—FEDERAL DEPOSITORY 

2 LIBRARY PROGRAM 

3 ‘‘§ 1741. No-fee access to products through Federal 

4 Depository Libraries 

5 ‘‘(a) FEDERAL DEPOSITORY LIBRARY PROGRAM.— 

6 The Director of the Government Publishing Office, acting 

7 through the Superintendent of Documents, shall operate 

8 a program under which, in accordance with this sub9 chapter— 

10 ‘‘(1) the Superintendent of Documents shall 

11 designate libraries as Federal Depository Libraries, 

12 including Selective Depository Libraries, Regional 

13 Depository Libraries, and Preservation Depository 

14 Libraries; 

15 ‘‘(2) the Superintendent shall furnish, at no 

16 cost, to each library designated as a Federal Deposi17 tory Library under this subchapter access to the na18 tional collection of information dissemination prod19 ucts under subchapter B, including— 

20 ‘‘(A) complete access to cataloging, index21 ing, identification, location, availability, and for22 mat designation services under section 1725; 

23 ‘‘(B) complete access to the online reposi24 tory under subchapter C; and 


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1 ‘‘(C) such information dissemination prod2 ucts as are provided for in this subchapter; and 

3 ‘‘(3) each such Federal Depository Library 

4 shall provide no-fee access to the collection to mem5 bers of the public. 

6 ‘‘(b) SPECIAL RULE FOR COPIES OF CONGRESSIONAL

7 DOCUMENTS.— 

8 ‘‘(1) REPORTS OR OTHER DOCUMENTS OF CON9 GRESS.— 

10 ‘‘(A) IN GENERAL.—Notwithstanding sec11 tion 701 of this title, the Director of the Gov12 ernment Publishing Office shall print and pro13 vide such number of copies of each report or 

14 other document of Congress as the Super15 intendent of Documents may establish for pur16 poses of furnishing such reports and documents 

17 for the Federal Depository Library Program 

18 under this subchapter. 

19 ‘‘(B) FORMAT; BINDING.—The Director 

20 shall provide the Superintendent of Documents 

21 with the copies required under this paragraph 

22 in unbound form as soon as practicable after 

23 printing is completed, except that any report or 

24 other document of sufficient size on any one 

25 subject (as established by the Superintendent) 


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1 shall be bound separately and receive the title 

2 suggested by the subject of the volume. The Di3 rector shall provide that the bound sets of such 

4 reports or other documents are arranged in vol5 umes and bound in a practical and economical 

6 manner as established by the Superintendent. 

7 ‘‘(2) CONGRESSIONAL RECORD.—Notwith8 standing section 906 of this title, the Director of the 

9 Government Publishing Office shall print and pro10 vide such number of copies of the Congressional 

11 Record as the Superintendent of Documents may es12 tablish for purposes of furnishing the Congressional 

13 Record for the Federal Depository Library Program 

14 under this subchapter. 

15 ‘‘§ 1742. Requirements for Federal Depository Librar16 ies 

17 ‘‘(a) MINIMUM REQUIREMENTS DESCRIBED.—Each 

18 library designated as a Federal Depository Library under 

19 this subchapter shall meet the following requirements: 

20 ‘‘(1) The library shall provide members of the 

21 public with no-fee access to all of the information 

22 dissemination products furnished to the library by 

23 the Superintendent of Documents under this chap24 ter— 


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1 ‘‘(A) in electronic format by providing 

2 internet access to the online repository under 

3 subchapter C and to cataloging, indexing, iden4 tification, location, availability, and format des5 ignation services under section 1725; and 

6 ‘‘(B) in any tangible format held under 

7 this subchapter. 

8 ‘‘(2) The library shall ensure that a member of 

9 the library’s staff who is knowledgeable about the 

10 services described in paragraph (1) is reasonably 

11 available to assist patrons with the provision of such 

12 services. 

13 ‘‘(3) The library shall meet such other addi14 tional requirements as the Superintendent may es15 tablish by regulations promulgated under this sub16 chapter. 

17 ‘‘(b) MAINTENANCE AND REMOVAL OF DEPOSITED

18 IDPS.—In addition to the requirements described in sub19 section (a), each library designated as a Federal Deposi20 tory Library under this subchapter shall maintain the in21 formation dissemination products furnished to the library 

22 by the Superintendent under this chapter (regardless of 

23 form or format) in accordance with such policies as the 

24 Superintendent may establish, and may remove any such 

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1 perintendent may establish (consistent with the require2 ments of section 1744 in the case of Selective Depository 

3 Libraries and the requirements of section 1745 in the case 

4 of Regional Depository Libraries). 

5 ‘‘(c) MANAGEMENT OF IDPS IN TANGIBLE FORM.— 

6 Any information dissemination product which is deposited 

7 with a Federal Depository Library under this subchapter 

8 in tangible form remains the property of the United States 

9 Government unless the IDP is donated to the Library 

10 under section 1743(b). 

11 ‘‘(d) REGULATIONS.—The Superintendent shall es12 tablish the requirements of this section in accordance with 

13 regulations promulgated under this subchapter. Such reg14 ulations shall encourage participation by a broad and di15 verse group of libraries, and may not establish a limit on 

16 the number of libraries which may be designated under 

17 this section. 

18 ‘‘§ 1743. Services available for depository libraries 

19 ‘‘(a) OPTIONAL DIGITAL DEPOSIT.— 

20 ‘‘(1) IN GENERAL.—At the option of the Li21 brary, a Federal Depository Library may receive di22 rectly from the Superintendent of Documents depos23 its in electronic format of information dissemination 

24 products included in the national collection, unless 


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1 impracticable, in accordance with regulations pro2 mulgated under this subchapter. 

3 ‘‘(2) PROTECTING PRIVACY OF USERS.—If the 

4 Library permits individuals to seek access to IDPs 

5 which are hosted on its own server in accordance 

6 with this subsection, the Library shall comply to the 

7 extent practicable with the same measures imple8 mented by the Superintendent of Documents to pro9 tect the privacy of individuals who seek access to 

10 IDPs through the use of online repository under 

11 subchapter C. 

12 ‘‘(b) DONATION OF IDPS.—If an information dis13 semination product deposited with a Federal Depository 

14 Library is no longer needed for purposes of this sub15 chapter, the Superintendent may donate the product to 

16 the Library, in accordance with regulations promulgated 

17 under this subchapter. 

18 ‘‘(c) AVAILABILITY OF TRAINING PROGRAM FOR USE

19 OF LIBRARIES.— 

20 ‘‘(1) DEVELOPMENT OF PROGRAM.—The Su21 perintendent shall develop a training and continuing 

22 education program which may be used by Federal 

23 Depository Libraries to promote the ability of the 

24 Libraries to understand the operation of the pro25 gram under this subchapter and the content of the 


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1 materials furnished to the Libraries under the pro2 gram. 

3 ‘‘(2) OPTIONAL USE OF PROGRAM.—The use by 

4 any Federal Depository Library of the program de5 veloped under paragraph (1) shall be optional for 

6 the Library. 

7 ‘‘(3) AVAILABILITY TO PUBLIC.—Nothing in 

8 this subsection may be construed to prohibit the Su9 perintendent from making the program developed 

10 under paragraph (1) or any materials developed as 

11 part of such program available to the public, as the 

12 Superintendent considers appropriate. 

13 ‘‘§ 1744. Selective Depository Libraries 

14 ‘‘(a) SELECTIVE DEPOSITORY LIBRARIES DE15 SCRIBED.—A library which is designated as a Federal De16 pository Library may, at its request, be designated as a 

17 Selective Depository Library if the Library meets the fol18 lowing requirements: 

19 ‘‘(1) The Library provides access to selected in20 formation dissemination products in tangible form 

21 as provided by the Superintendent of Documents, 

22 under regulations promulgated under this sub23 chapter. 

24 ‘‘(2) The Library agrees to maintain its collec25 tion of such IDPs in tangible form for a minimum 


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1 of 5 years after receipt, unless the Superintendent 

2 authorizes earlier withdrawal. 

3 ‘‘(3) The Library collaborates with a Regional 

4 Depository Library (as designated under section 

5 1745) on the maintenance of a regional collection of 

6 such IDPs in tangible form. 

7 ‘‘(4) A Member of Congress makes a rec8 ommendation to the Superintendent that the Library 

9 should be designated as a Selective Depository Li10 brary. 

11 ‘‘(b) REGULATIONS; LIMITATION ON NUMBER.—The 

12 Superintendent shall carry out this section in accordance 

13 with regulations promulgated under this subchapter. Such 

14 regulations shall provide for an adequate number and dis15 tribution of Selective Depository Libraries in order to 

16 meet the information needs of the public, and shall not 

17 prevent the designation of at least one Selective Deposi18 tory Library in each congressional district. 

19 ‘‘§ 1745. Regional Depository Libraries 

20 ‘‘(a) REGIONAL DEPOSITORY LIBRARIES DE21 SCRIBED.—A library which is designated as a Federal De22 pository Library may, at its request, be designated as a 

23 Regional Depository Library if the Library meets the fol24 lowing requirements: 


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1 ‘‘(1) The Library agrees to receive its informa2 tion dissemination products from the Superintendent 

3 of Documents for purposes of this subchapter in 

4 tangible form, except that the Library may decline 

5 to receive an IDP in tangible form if the authenti6 cated IDP is available through the online repository 

7 under subchapter C. 

8 ‘‘(2) The Library provides access to all IDPs 

9 under this subchapter regardless of form or format. 

10 ‘‘(3) The Library coordinates and collaborates 

11 with Selective Depository Libraries to maintain ac12 cess to the collection of IDPs available within the re13 gion, including IDPs deposited prior to the library’s 

14 designation as a Federal Depository Library under 

15 this subchapter, and may do so by housing some of 

16 its collection at one or more Selective Depository Li17 braries pursuant to an agreement with such Selec18 tive Depository Library. 

19 ‘‘(4) The Library agrees to provide services 

20 under this subchapter to Selective Depository Li21 braries under agreements facilitated by the Super22 intendent of Documents, in accordance with regula23 tions promulgated under this subchapter. 


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1 ‘‘(5) A Senator makes a recommendation to the 

2 Superintendent that the Library should be des3 ignated as a Regional Depository Library. 

4 ‘‘(b) WITHDRAWAL OF COLLECTION OF TANGIBLE

5 IDPS.—A Regional Depository Library may withdraw 

6 from its collection an IDP which is in tangible form if— 

7 ‘‘(1) the authenticated IDP is available through 

8 the online repository under subchapter C; and 

9 ‘‘(2) the Superintendent has identified for pres10 ervation an appropriate number of copies of the IDP 

11 in tangible form in a sufficient number of Federal 

12 Depository Libraries. 

13 ‘‘(c) RELOCATION OF COLLECTION OF TANGIBLE

14 IDPS.—If a collection of information dissemination prod15 ucts in tangible form is relocated from a Regional Deposi16 tory Library to another Federal Depository Library under 

17 this subchapter (including relocation resulting from the se18 lective discarding of such products and the acceptance of 

19 such discarded products by another Federal Depository 

20 Library), the Director of the Government Publishing Of21 fice may pay the costs of the relocation, including related 

22 cataloging and transportation costs. 

23 ‘‘(d) REGULATIONS; CONTENTS.— 

24 ‘‘(1) IN GENERAL.—The Superintendent shall 

25 carry out this section in accordance with regulations 


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1 promulgated under this subchapter. Such regulations 

2 shall— 

3 ‘‘(A) in establishing criteria for agreements 

4 between Regional Depository Libraries and Se5 lective Depository Libraries (as described in 

6 paragraph (4) of subsection (a)), give pref7 erence to any consortia and similar collabo8 rative efforts in effect between such Libraries, 

9 without regard to geographic restrictions; 

10 ‘‘(B) limit the number of Regional Deposi11 tory Libraries located in any State to two; and 

12 ‘‘(C) unless impracticable, provide for the 

13 designation of at least 2 Regional Depository 

14 Libraries in each census region. 

15 ‘‘(2) CONSULTATION.—In establishing regula16 tions under paragraph (1), the Superintendent shall 

17 consult with Selective Depository Libraries and Re18 gional Depository Libraries. 

19 ‘‘§ 1746. Preservation Depository Libraries 

20 ‘‘(a) PRESERVATION DEPOSITORY LIBRARIES DE21 SCRIBED.—A library which is designated as a Federal De22 pository Library may, at its request, be designated as a 

23 Preservation Depository Library if the Library enters into 

24 an agreement with the Superintendent of Documents to 

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1 mation dissemination products in the national collection 

2 under subchapter B. 

3 ‘‘(b) LOCATION OF PRODUCTS.—Under an agreement 

4 under this section, a Preservation Depository Library may 

5 preserve IDPs (regardless of form or format) by housing 

6 them at its own location or by coordinating and managing 

7 all or part of collections of IDPs which are housed at other 

8 Federal Depository Libraries. 

9 ‘‘(c) PRESERVATION AGREEMENTS WITH OTHER

10 ENTITIES.—In addition to designating Preservation De11 pository Libraries under this section, the Superintendent 

12 may enter in agreements with other entities to assist the 

13 Superintendent with the preservation of information dis14 semination products in the national collection under sub15 chapter B. 

16 ‘‘(d) REGULATIONS.—The Superintendent shall carry 

17 out this section in accordance with regulations promul18 gated under this subchapter. Under such regulations, the 

19 Superintendent shall seek to designate Preservation De20 pository Libraries in a manner which promotes geographic 

21 diversity. 

22 ‘‘§ 1747. Procedures for designation 

23 ‘‘(a) IN GENERAL.—The Superintendent of Docu24 ments may designate a library as a Federal Depository 

25 Library under this subchapter if the Library provides the 


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1 Superintendent (at such time and in such form as the Su2 perintendent may require) such information and assur3 ances as the Superintendent may require to determine 

4 that the library will meet the applicable requirements of 

5 this subchapter, in accordance with regulations promul6 gated under this subchapter. 

7 ‘‘(b) TERMINATION OF DESIGNATION.— 

8 ‘‘(1) TERMINATION.—The designation of a li9 brary as a Federal Depository Library, Selective De10 pository Library, Regional Depository Library, or 

11 Preservation Depository Library under this sub12 chapter may be terminated by the Superintendent 

13 only— 

14 ‘‘(A) if the Superintendent determines that 

15 the library does not meet the applicable require16 ments for designation under this subchapter; or 

17 ‘‘(B) at the request of the library. 

18 ‘‘(2) CRITERIA FOR DETERMINATION.—The de19 termination by the Superintendent under subpara20 graph (A) of paragraph (1) shall be made in accord21 ance with regulations promulgated under this sub22 chapter which shall provide for a reasonable oppor23 tunity for remediation. 


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1 ‘‘SUBCHAPTER E—SALES PROGRAM 

2 ‘‘§ 1751. Sales program 

3 ‘‘(a) AUTHORIZATION OF SALES PROGRAM.— 

4 ‘‘(1) IN GENERAL.—The Director of the Gov5 ernment Publishing Office may operate a program 

6 for the sale of information dissemination products to 

7 the public. 

8 ‘‘(2) FORMAT OF PRODUCTS OFFERED.—The 

9 Director may offer products for sale under the pro10 gram in any form or format (including tangible and 

11 electronic), except that if the Director makes alter12 ations to the product by reformatting or otherwise 

13 manipulating the original form or format of the con14 tent of the product to prepare it for sale, the Direc15 tor must disclose such alterations on the product. 

16 ‘‘(3) EXCLUSION OF CONFIDENTIAL MATE17 RIALS.—The Director may not offer any product for 

18 sale under the program if the product is confidential 

19 in nature. 

20 ‘‘(b) ACQUISITION OF PRODUCTS.— 

21 ‘‘(1) AUTHORIZATION OF ADDITIONAL PRODUC22 TION OR PROCUREMENT.—The Director of the Gov23 ernment Publishing Office may produce or procure 

24 additional copies of IDPs for the use of the sales 

25 program, so long as such production or procurement 


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1 does not interfere with the prompt execution of IDP 

2 production or procurement for the Government. 

3 ‘‘(2) REPRINTING OF DOCUMENTS.—In the case 

4 of an IDP which consists of a document, the Direc5 tor may from time to time reprint additional copies 

6 of the document for sale under the program, so long 

7 as the Director notifies the office which created the 

8 IDP. 

9 ‘‘(3) BLANK FORMS.—The Director may print 

10 additional copies of approved Government forms for 

11 sale to the public under the sales program. 

12 ‘‘(c) RESALE BY COMMERCIAL VENDORS.— 

13 ‘‘(1) AUTHORIZATION OF RESALE.—As part of 

14 the sales program, the Director of the Government 

15 Publishing Office may authorize the resale of IDPs 

16 by book dealers and other commercial vendors, 

17 under such terms and conditions as the Director 

18 may establish. 

19 ‘‘(2) NO EFFECT ON PUBLIC ACCESS.—Nothing 

20 in paragraph (1) may be construed to remove any 

21 IDP which is subject to resale under such paragraph 

22 (including the original text and the underlying data) 

23 from the public domain, or to waive any requirement 

24 that the IDP be available for no-fee public access 

25 under any other subchapter of this chapter. 


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1 ‘‘§ 1752. Determination of costs of products 

2 ‘‘(a) OPERATION OF PROGRAM ON SELF-SUSTAINING

3 BASIS.—To the greatest extent feasible, the Director of 

4 the Government Publishing Office shall operate the sales 

5 program under this subchapter on a self-sustaining basis, 

6 so that the prices of the information dissemination prod7 ucts sold will cover the cost of procurement or production, 

8 dissemination, and other appropriate costs associated with 

9 the program as determined by the Director, including the 

10 offering of sales discounts. 

11 ‘‘(b) SPECIAL RULE FOR FEDERAL DEPOSITORY LI12 BRARY PROGRAM.—The Director of the Government Pub13 lishing Office shall ensure that any IDP (regardless of 

14 form or format) which is made available for sale under 

15 the sales program is offered to the Superintendent of Doc16 uments for purposes of this chapter at no greater than 

17 the applicable price described in subsection (a)(2) of sec18 tion 1722. 

19 ‘‘§ 1753. Inventory 

20 ‘‘(a) ANNUAL INVENTORY.—The Director of the Gov21 ernment Publishing Office shall conduct an inventory of 

22 the sales program under this subchapter each fiscal year 

23 and use the results of the inventory to determine stock 

24 levels necessary for the next year. 

25 ‘‘(b) DESTRUCTION OR REMAINDERING OF INVEN26 TORY.—Prior to destroying or remaindering any inventory 


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1 of IDPs, the Director of the Government Publishing Office 

2 shall first offer the inventory at no cost to— 

3 ‘‘(1) the Superintendent of Documents for pur4 poses of the other subchapters of this chapter; and 

5 ‘‘(2) if the Superintendent rejects the offer, the 

6 office which created the IDPs. 

7 ‘‘SUBCHAPTER F—OTHER PROGRAMS AND 

8 AUTHORITIES 

9 ‘‘§ 1761. By-law distribution program 

10 ‘‘(a) HOUSE OF REPRESENTATIVES AND SENATE.— 

11 For each fiscal year, the Superintendent shall deliver in12 formation dissemination products to the Clerk of the 

13 House of Representatives for use in the libraries of the 

14 House and to the Secretary of the Senate for use in the 

15 libraries of the Senate. 

16 ‘‘(b) NATIONAL ARCHIVES AND RECORDS ADMINIS17 TRATION.—For each fiscal year, the Superintendent shall 

18 deliver information dissemination products to the National 

19 Archives and Records Administration for use by the Archi20 vist of the United States, including use by the Presidential 

21 Library established for the President during whose term 

22 the IDPs were produced, based on a determination made 

23 by the Archivist and the Superintendent jointly of the 

24 number of IDPs necessary for the use of the Archivist. 

25 ‘‘(c) FOREIGN DISSEMINATION.— 


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1 ‘‘(1) UNITED STATES LEGATIONS AND CON2 SULATES.—The Superintendent may disseminate an 

3 information dissemination product to a legation or 

4 consulate of the United States only if the Secretary 

5 of State, by an order to be recorded in the State De6 partment, determines that the dissemination is suit7 able for and required by the legation and consulate. 

8 ‘‘(2) FOREIGN LEGATIONS.—The Superinten9 dent may disseminate an information dissemination 

10 product to a foreign legation to the United States 

11 only upon request of the Secretary of State, and 

12 only in such number as the Secretary provides in the 

13 request. The Superintendent may disseminate an 

14 IDP to a foreign legation to the United States with15 out cost only if the government of such legation fur16 nishes copies of its printed and legislative documents 

17 to legations of the United States. 

18 ‘‘(d) LIBRARY OF CONGRESS AND CONGRESSIONAL

19 RESEARCH SERVICE.— 

20 ‘‘(1) LIBRARY OF CONGRESS.—For each fiscal 

21 year, the Superintendent shall furnish to the Library 

22 of Congress a number of full and partial sets of in23 formation dissemination products in a timely man24 ner, based on a determination made by the Librar25 ian of Congress and transmitted to the SuperVerDate Sep 11 2014 23:55 Mar 15, 2018 Jkt 079200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H5305.IH H5305

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1 intendent of the number of sets necessary for the Li2 brary to provide services to Congress and to main3 tain its collections for such fiscal year. 

4 ‘‘(2) CONGRESSIONAL RESEARCH SERVICE.— 

5 For each fiscal year, the Superintendent shall fur6 nish to the Congressional Research Service a num7 ber of full and partial sets of information dissemina8 tion products in a timely manner, based on a deter9 mination made by the Director of the Congressional 

10 Research Service and transmitted to the Super11 intendent of the number of sets necessary to provide 

12 services to Congress for such fiscal year. The Direc13 tor shall make a payment for the costs incurred by 

14 the Superintendent in furnishing IDPs under this 

15 paragraph, and for the related costs of carrying out 

16 this paragraph, based on the incremental costs of 

17 printing, using funds appropriated to the Director 

18 for such purpose. 

19 ‘‘§ 1762. International Exchange Service Program 

20 ‘‘(a) DISSEMINATION THROUGH LIBRARIAN OF CON21 GRESS.—For each fiscal year, the Superintendent shall 

22 furnish a number of full and partial sets of information 

23 dissemination products in a timely manner to the Library 

24 of Congress to enable the Librarian of Congress to meet 

25 the requirements of international exchange service proVerDate Sep 11 2014 23:55 Mar 15, 2018 Jkt 079200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H5305.IH H5305

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1 grams for such fiscal year, based on a determination made 

2 by the Librarian of Congress and transmitted to the Su3 perintendent of the number of sets necessary for such pur4 pose. The costs of carrying out this subsection shall be 

5 charged to appropriations provided for the Superintendent 

6 for purposes of this subsection. 

7 ‘‘(b) INTERNATIONAL EXCHANGE SERVICE PRO8 GRAMS DESCRIBED.—In this section, an ‘international ex9 change service program’ is any program to fully carry into 

10 effect the convention concluded at Brussels on March 15, 

11 1886, and proclaimed by the President of the United 

12 States on January 15, 1889, and all subsequent bilateral 

13 and multilateral treaties and agreements under which cop14 ies of Government publications are provided for distribu15 tion to foreign governments which agree, as indicated by 

16 the Librarian of Congress, to send to the United States 

17 similar publications of their governments for delivery to 

18 the Library of Congress. 

19 ‘‘§ 1763. Acceptance of gifts 

20 ‘‘The Director of the Government Publishing Office 

21 may accept and use gifts and bequests of property (both 

22 real and personal) and services in support of the Super23 intendent’s responsibilities under this chapter. 


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1 ‘‘§ 1764. Authorities of Director of the Government 

2 Publishing Office 

3 ‘‘(a) PLENARY AUTHORITY TO PROMOTE PUBLIC

4 ACCESS TO PRODUCTS.—Consistent with this chapter and 

5 other applicable laws, the Director of the Government 

6 Publishing Office may take such measures as the Director 

7 considers necessary to ensure the timely dissemination of 

8 information dissemination products to the public and to 

9 expand and improve the maintenance of permanent public 

10 access to such products. 

11 ‘‘(b) REGULATIONS.— 

12 ‘‘(1) IN GENERAL.—The Director of the Gov13 ernment Publishing Office may promulgate such reg14 ulations as the Director considers necessary to carry 

15 out any subchapter of this chapter on behalf of the 

16 Superintendent of Documents, in accordance with 

17 the requirements of this section. 

18 ‘‘(2) APPLICATION OF ADMINISTRATIVE PROCE19 DURES.—The promulgation of regulations by the Di20 rector pursuant to this subsection shall be subject to 

21 the following laws: 

22 ‘‘(A) Section 553 of title 5 (relating to no23 tice and comment requirements for agency rule 

24 making). 

25 ‘‘(B) Chapter 7 of title 5 (relating to judi26 cial review of agency actions). 


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1 ‘‘(3) MANDATORY REVIEW.—Three years after 

2 the promulgation of any regulation pursuant to this 

3 subsection and every 3 years thereafter, the Director 

4 shall conduct a review of the regulation to determine 

5 whether or not the regulation should be updated or 

6 repealed. 

7 ‘‘(4) PERMANENT RETENTION; PUBLIC ACCES8 SIBILITY.—The Director shall ensure that any regu9 lation promulgated pursuant to this subsection is re10 tained permanently in the records of the Govern11 ment Publishing Office and is fully accessible to the 

12 public. 

13 ‘‘§ 1765. Source of funds used to carry out programs 

14 and activities 

15 ‘‘The costs of carrying out any programs and activi16 ties under this chapter shall be paid solely from a separate 

17 appropriation made for the activities of the Super18 intendent of Documents (or from gifts and bequests ac19 cepted under section 1763. 

20 ‘‘§ 1766. Congressional oversight 

21 ‘‘(a) REPORTS.—Not later than 45 days after the 

22 first 6 months of each fiscal year, and not later than 45 

23 days after the next 6 months of each fiscal year, the Direc24 tor of the Government Publishing Office shall submit to 

25 the Joint Committee on Printing a report on the activities 


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1 of the Superintendent of Documents during the previous 

2 6 months, and shall include in the report the following 

3 information: 

4 ‘‘(1) Gifts accepted by the Director under sec5 tion 1763, including the donor, the amount, and the 

6 disposition. 

7 ‘‘(2) Actions taken to ensure the protection of 

8 the privacy of users of information dissemination 

9 products. 

10 ‘‘(3) The status of the Depository Library Pro11 gram under subchapter D. 

12 ‘‘(4) The status of any pending rules or regula13 tions proposed under this chapter. 

14 ‘‘(5) Notifications received by the Super15 intendent of Documents under section 1723(a). 

16 ‘‘(6) Any information dissemination products 

17 replaced or recalled under section 1727 from the na18 tional collection established under subchapter B. 

19 ‘‘(b) POSTING FOR NO-FEE PUBLIC ACCESS.—At the 

20 time of submitting a report under subsection (a) to the 

21 Joint Committee on Printing, the Director of the Govern22 ment Publishing Office shall post an electronic version of 

23 the report on the Government Publishing Office’s official 

24 website for no-fee public access.’’. 


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1 (b) CONFORMING AMENDMENTS TO TITLE 44, 

2 UNITED STATES CODE.— 

3 (1) DISTRIBUTION OF CONGRESSIONAL DOCU4 MENTS FOR LIBRARY OF CONGRESS AND INTER5 NATIONAL EXCHANGE SERVICE PROGRAMS.—Section 

6 701 of title 44, United States Code, is amended— 

7 (A) in subsection (b), by striking ‘‘ten cop8 ies, as provided by section 1718 of this title’’ 

9 each place it appears and inserting ‘‘the num10 ber of copies determined in accordance with sec11 tion 1761(d) of this title’’; and 

12 (B) in subsection (c), by striking ‘‘not to 

13 exceed one hundred and fifty copies, as pro14 vided by section 1718 of this title’’ and insert15 ing ‘‘the number of copies determined in ac16 cordance with section 1761(d) of this title’’; and 

17 (C) in subsection (c), by striking ‘‘as pro18 vided by sections 1718 and 1719 of this title’’ 

19 and inserting ‘‘as determined in accordance 

20 with sections 1761(d) and 1762 of this title’’. 

21 (2) DISTRIBUTION OF CONGRESSIONAL RECORD

22 FOR LIBRARY OF CONGRESS AND INTERNATIONAL

23 EXCHANGE PROGRAMS.—Section 906 of such title is 

24 amended by striking ‘‘as provided by sections 1718 

25 and 1719 of this title, not to exceed one hundred 


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1 and forty-five copies of the daily, five semimonthly 

2 copies, and one hundred and fifty bound copies’’ and 

3 inserting ‘‘the number of copies determined in ac4 cordance with sections 1761(d) and 1762 of this 

5 title’’. 

6 (3) PREPARATION OF FEDERAL REGISTER AND

7 CODE OF FEDERAL REGULATIONS.—The last sen8 tence of section 1504 of such title is amended by 

9 striking ‘‘by sections 1705 and 1708 of this title’’ 

10 and inserting ‘‘by subchapter E of chapter 17 of this 

11 title’’. 

12 (4) OTHER CONFORMING AMENDMENTS.—Title 

13 44, United States Code, is further amended by strik14 ing chapters 19 and 41. 

15 (c) CLERICAL AMENDMENTS.—The table of chapters 

16 for title 44, United States Code, is amended— 

17 (1) by striking the item relating to chapter 17 

18 and inserting the following: 

‘‘CHAPTER 17—NO-FEE PUBLIC ACCESS TO GOVERNMENT INFORMATION’’; 

19 and 

20 (2) by striking the items relating to chapters 19 

21 and 41. 

22 SEC. 3. TRANSITION. 

23 (a) TREATMENT OF INDIVIDUAL CURRENTLY HOLD24 ING POSITION OF SUPERINTENDENT OF DOCUMENTS.— 


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1 (1) PERMITTING INDIVIDUAL TO SERVE ON IN2 TERIM BASIS.—For purposes of title 44, United 

3 States Code, as amended by this Act, any individual 

4 who holds the position of Superintendent of Docu5 ments as of the effective date of this Act shall be 

6 deemed to meet the qualifications for such position 

7 under such title, and shall be permitted to remain in 

8 that position after the effective date of this Act until 

9 the Director of the Government Publishing Office 

10 appoints an individual to serve as the Super11 intendent of Documents under section 1702 of such 

12 title, as amended by this Act. Nothing in this para13 graph shall be construed to prohibit the Director 

14 from appointing such an individual as the Super15 intendent of Documents under section 1702 of such 

16 title, as amended by this Act. 

17 (2) SPECIAL RULE ON COMPENSATION.—If an 

18 individual described in paragraph (1) serves as Su19 perintendent of Documents pursuant to the author20 ity of such paragraph after the effective date of this 

21 Act, the individual shall receive compensation for 

22 such service after such date at the same annual rate 

23 of compensation the individual received as of the ef24 fective date of this Act. If the Director of the Gov25 ernment Publishing Office appoints the individual to 


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1 serve as Superintendent of Documents under section 

2 1702 of title 44, United States Code, as amended by 

3 this Act, the individual shall be compensated in ac4 cordance with such section. 

5 (b) TRANSITION FOR EXISTING DEPOSITORY LI6 BRARIES.—For purposes of chapter 17 of title 44, United 

7 States Code, as amended by this Act— 

8 (1) each institution which, as of the effective 

9 date of this Act, is designated as a depository library 

10 under chapter 19 of such title (as in effect prior to 

11 such date) shall be deemed to have been designated 

12 as a Federal Depository Library under chapter 17 

13 of such title on the effective date of this Act; 

14 (2) each institution which, as of the effective of 

15 this Act, is designated as a selective depository li16 brary under chapter 19 of such title (as in effect 

17 prior to such date) shall be deemed to have been 

18 designated as a Selective Depository Library under 

19 chapter 17 of such title on the effective date of this 

20 Act; and 

21 (3) each institution which, as of the effective 

22 date of this Act, is serving a regional depository li23 brary under chapter 19 of such title (as in effect 

24 prior to such date) shall be deemed to have been 

25 designated as a Regional Depository Library under 


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1 chapter 17 of such title on the effective date of this 

2 Act. 

3 SEC. 4. GAO STUDY AND REVIEW OF IMPLEMENTATION OF 

4 CHANGES TO RULES GOVERNING PUBLIC AC5 CESS TO GOVERNMENT PUBLICATIONS. 

6 (a) STUDY.—The Comptroller General of the United 

7 States shall conduct a study on the implementation of 

8 chapter 17 of title 44, as amended by this Act. Such study 

9 shall include an analysis of— 

10 (1) the status of the implementation of such 

11 chapter; 

12 (2) the extent of compliance by offices of the 

13 Federal Government with the requirements of such 

14 chapter; 

15 (3) the effectiveness of such chapter at meeting 

16 the needs of the public and Federal Depository Li17 braries in providing public access to government in18 formation; and 

19 (4) other related issues determined appropriate 

20 by the Comptroller General. 

21 (b) REPORT.—Not later than 3 years after the date 

22 of the enactment of this Act, the Comptroller General of 

23 the United States shall submit to the Joint Committee on 

24 Printing a report on the study conducted under subsection 

25 (a). 


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1 SEC. 5. EFFECTIVE DATE. 

2 Except as otherwise provided, this Act and the 

3 amendments made by this Act shall apply with respect to 

4 the first fiscal year which begins after the date of the en5 actment of this Act and each succeeding fiscal year. 

Æ 


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