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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5305 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 5305

 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.

_______________________________________________________________________

                    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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``FDLP Modernization Act of 2018''.

SEC. 2. NO-FEE PUBLIC ACCESS TO GOVERNMENT INFORMATION; REFORM OF 
              FEDERAL DEPOSITORY LIBRARY PROGRAM.

    (a) In General.--Chapter 17 of title 44, United States Code, is 
amended to read as follows:

      ``CHAPTER 17--NO-FEE PUBLIC ACCESS TO 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.
``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.

              ``SUBCHAPTER A--SUPERINTENDENT OF DOCUMENTS

``Sec. 1701. Findings; purpose; definitions
    ``(a) Findings.--Congress finds the following:
            ``(1) The free flow of government information is 
        fundamental to a democratic society, and members of the public 
        have a right of access to government information.
            ``(2) The Federal Depository Library Program is an 
        essential means by which members of the public access 
        government information. These libraries partner with the 
        Government Publishing Office and offices of the Federal 
        Government to ensure that members of the public throughout the 
        United States have effective, no-fee access to government 
        information.
            ``(3) The majority of government information currently 
        produced is in electronic format. As a result, 97 percent of 
        new information available through the Federal Depository 
        Library Program is in electronic format.
            ``(4) Government has a responsibility to disseminate and 
        provide permanent public access to information in order to 
        ensure that members of the public are fully aware of the 
        activities of their government, to spur innovation and 
        research, and to promote good government.
            ``(5) The sole focus of the Superintendent of Documents 
        should be on implementing programs to ensure no-fee access to 
        government information.
    ``(b) Purpose.--It is the purpose of this chapter to promote the 
greatest possible public access to information dissemination products 
by authorizing the Superintendent of Documents to--
            ``(1) establish a national collection of information 
        dissemination products and to provide no-fee, permanent public 
        access to such collection through an online repository 
        established and operated by the Director of the Government 
        Publishing Office under subchapter C and through the Federal 
        Depository Library Program under subchapter D;
            ``(2) carry out a cataloging and indexing program for the 
        products in such national collection;
            ``(3) carry out a by-law distribution program and an 
        international exchange service program under subchapter F; and
            ``(4) collaborate with offices of the Federal Government, 
        Federal Depository Libraries, and library associations and 
        consortia.
``Sec. 1702. Superintendent of Documents
    ``(a) Appointment.--The Director of the Government Publishing 
Office shall appoint an individual to serve as the Superintendent of 
Documents, without regard to political affiliation and solely based on 
professional qualifications to perform the duties and responsibilities 
of the position, and who shall serve at the pleasure of the Director of 
the Government Publishing Office.
    ``(b) Duties.--Under the general direction of the Director of the 
Government Publishing Office, the Superintendent of Documents shall 
administer the programs of GPO which provide no-fee public access to 
Federal information dissemination products (IDPs) under this chapter.
    ``(c) Qualifications.--The individual appointed as the 
Superintendent of Documents shall be an accomplished general manager 
and practitioner of library and information sciences, including the 
identification, acquisition, authentication, cataloging, dissemination, 
maintenance, and preservation of information dissemination products 
regardless of form or format.
    ``(d) Compensation.--The Superintendent of Documents shall be 
compensated at an annual rate equal to level III of the Executive 
Schedule.
``Sec. 1703. Employees and facilities of Superintendent
    ``(a) Appointment of Employees; Provision of Facilities.--The 
Director of the Government Publishing Office, upon the requisition of 
the Superintendent of Documents, shall appoint necessary assistants, 
furnish blanks, and do the printing and binding required by the 
Superintendent of Documents. The Director shall provide convenient 
office, storage, and distributing rooms for the use of the 
Superintendent of Documents.
    ``(b) Pay of Employees for Night, Sunday, Holiday, and Overtime 
Work.--Employees of the Superintendent of Documents may be paid for 
night, Sunday, holiday, and overtime work at rates not in excess of the 
rates of additional pay for this work allowed other employees of the 
Government Publishing Office under section 305 of this title.
``Sec. 1704. Coordination and consultation with Library of Congress
    ``In carrying out this chapter, the Superintendent of Documents 
shall coordinate and consult with the Librarian of Congress, especially 
with respect to the provisions of this title which affect the 
collections of the Library of Congress and the services the Library 
provides to Congress.
``Sec. 1705. Coordination and consultation with other legislative 
              branch officials
    ``In addition to the coordination and consultation required under 
section 1704, in carrying out this chapter, the Superintendent of 
Documents shall coordinate and consult with appropriate officials of 
the legislative branch, including the Clerk of the House of 
Representatives, the Secretary of the Senate, and the Librarian of 
Congress, with respect to the production and dissemination of 
information dissemination products of Congress for inclusion in the 
legislative information retrieval system established and operated under 
section 209 of the Legislative Branch Appropriations Act, 1996 (2 
U.S.C. 180).
``Sec. 1706. Definitions
    ``(a) Definition of `Printing'.--
            ``(1) Definition.--In this chapter, the term `printing' 
        includes and applies to the all of the processes used to 
        capture, process, and duplicate digital or tangible 
        information, including--
                    ``(A) any formatting, composition, digitization, 
                platemaking, presswork, and binding or other finishing, 
                or the manufacturing of related material;
                    ``(B) the equipment and software applications used 
                in such processes; and
                    ``(C) the end items in any tangible or digital form 
                produced by such processes and equipment for use by an 
                end user.
            ``(2) Review; updates.--The Director of the Government 
        Publishing Office shall regularly review the definition under 
        this subsection to ensure that it is consistent with 
        international and commercial practice, and not less frequently 
        than every 5 years, shall submit recommendations to the 
        Committee on House Administration of the House of 
        Representatives and the Committee on Rules and Administration 
        of the Senate for updates to the definition so that it reflects 
        the most current technology.
    ``(b) Other Definitions.--In this chapter, the following 
definitions apply:
            ``(1) The term `dissemination' means the government-
        initiated distribution of information to a nongovernment 
        entity, including the public. Such term does not include any 
        distribution which is limited to Federal Government employees, 
        intra- or inter-office use or sharing of Federal information, 
        and responses to requests for agency records under the Freedom 
        of lnformation Act (section 552 of title 5) or the Privacy Act 
        (section 552a of title 5).
            ``(2) The term `document' means an information 
        dissemination product.
            ``(3) The term `electronic information dissemination 
        product' means an information dissemination product which is 
        created for or transmitted through an electronic communications 
        system or network of the office in which the product 
        originated.
            ``(4) The term `Federal information' means information 
        created, collected, processed, maintained, disseminated, 
        disclosed, or disposed of by or for the Federal Government, in 
        any medium or form.
            ``(5) The term `Federal information system' means an 
        information system used or operated by an office of the Federal 
        Government or by a contractor of such an office or by another 
        organization on behalf of such an office.
            ``(6) The term `fugitive document' means an information 
        dissemination product which is not cataloged or otherwise 
        identifiable or retrievable by an end user through the online 
        repository under section 1721 of this title.
            ``(7) The term `Government publication' means information 
        that is published as an individual document at Government 
        expense, or as required by law, in any medium or form.
            ``(8) The term `graphic communication' means electronic and 
        traditional printing, publishing, packaging, digital imaging, 
        computer graphics, website development, digital photography, 
        printable electronics, and related activities.
            ``(9) The term `information' means any communication or 
        representation of knowledge such as facts, data, or opinions in 
        any medium or form, including textual, numerical, graphic, 
        cartographic, narrative, electronic, or audiovisual forms.
            ``(10) The term `information dissemination product' or 
        `IDP' means any recorded information, regardless of physical 
        form or characteristics, disseminated by an office of the 
        Federal Government, or contractor thereof, to the public, and 
        including any recorded information incorporated by reference 
        into the Code of Federal Regulations. Notwithstanding the 
        provisions of section 106 of title 17, it is not an 
        infringement of any copyright that may subsist in works within 
        an IDP to reproduce, prepare derivative works of, display, 
        perform, distribute, or utilize (including through text or data 
        mining) IDPs under this title.
            ``(11) The term `inter-office agreement' means a written 
        agreement entered into between two or more offices of the 
        Federal Government that specifies the goods to be furnished or 
        tasks to be accomplished by one office (the servicing office) 
        in support of the other(s) (the requesting office), including 
        assisted acquisitions as described in the Memorandum of the 
        Office of Management and Budget entitled `Improving the 
        Management and Use of lnteragency Acquisitions' and other cases 
        described in part 17 of the Federal Acquisition Regulations.
            ``(12) The term `national collection' means (subject to 
        subchapter B) the collection of information dissemination 
        products produced by the Federal Government, and (as described 
        in subchapter B) is a distributed collection accessible from 
        the online repository under subchapter C, the Federal 
        Depository Libraries under subchapter D, and through agreements 
        with other entities as provided by this chapter.
            ``(13) The term `personally identifiable information' means 
        information that can be used to distinguish or trace an 
        individual's identity, either alone or when combined with other 
        information that is linked or linkable to a specific 
        individual.
            ``(14) The term `public information' means any information, 
        regardless of form or format, that an office of the Federal 
        Government discloses, disseminates, or makes available to the 
        public.
            ``(15) The term `publication' means informational matter 
        which is published as an individual document at Federal 
        Government expense, or as required by law.
            ``(16) The term `State' means, except where otherwise 
        provided, each of the several States, the District of Columbia, 
        the Commonwealth of Puerto Rico, American Samoa, Guam, the 
        United States Virgin Islands, and the Commonwealth of the 
        Northern Mariana Islands.
            ``(17) The term `trustworthy information system' means an 
        information system that is believed to be capable of operating 
        within defined levels of risk despite the environmental 
        disruptions, human errors, structural failures, and purposeful 
        attacks that are expected to occur in its environment of 
        operation.

   ``SUBCHAPTER B--NATIONAL COLLECTION OF INFORMATION DISSEMINATION 
                                PRODUCTS

``Sec. 1721. National collection of information dissemination products
    ``(a) Establishment of Collection.--In order to provide permanent 
public access to information dissemination products that may be of 
public interest or educational value, in accordance with this 
subchapter, the Superintendent of Documents shall establish a 
comprehensive, national collection of information dissemination 
products which are determined to be appropriate for inclusion in the 
collection, and shall include all information dissemination products 
which have been incorporated by reference into the Code of Federal 
Regulations.
    ``(b) Public Access to Collection.--Except as provided in 
subsection (c), the Superintendent shall provide permanent public 
access to all of the information dissemination products which are 
included in the national collection through each of the following 
means:
            ``(1) The online repository established and operated by the 
        Director of the Government Publishing Office under subchapter 
        C.
            ``(2) The Federal Depository Library Program under 
        subchapter D.
            ``(3) Methods established for access to products in 
        incompatible formats, as determined under section 1722(b)(2).
            ``(4) Cataloging, indexing, identification, location, 
        availability, and format designation services under section 
        1725.
    ``(c) No Public Access for Certain Products.--
            ``(1) Products described.--The Superintendent shall not 
        provide public access to an information dissemination product 
        which is included in the national collection under this 
        subchapter if any of the following apply:
                    ``(A) The product is a cooperative publication 
                which must necessarily be sold in order to be self-
                sustaining, unless the applicable official enters into 
                an agreement with the Superintendent to make the 
                product accessible to the public.
                    ``(B) The product contains information the 
                disclosure of which would constitute a clearly 
                unwarranted invasion of personal privacy.
                    ``(C) Prohibiting public access to the product is 
                necessary to comply with relevant law.
            ``(2) Special rule for certain products.--Paragraph (1) 
        does not apply with respect to--
                    ``(A) an information dissemination product which an 
                office disseminates in electronic form to the public at 
                no cost; or
                    ``(B) an information dissemination product 
                consisting of a standard which has been incorporated by 
                reference into the Code of Federal Regulations.
            ``(3) Notification by applicable officials.--Each 
        applicable official shall notify the Superintendent of each 
        instance in which an information dissemination product is 
        subject to paragraph (1).
    ``(d) Historical Collection.--In maintaining the national 
collection under this subchapter, the Superintendent shall oversee the 
maintenance of information dissemination products which were created 
and distributed prior to the effective date of the FDLP Modernization 
Act of 2018.
    ``(e) Applicable Official Defined.--In this subchapter, the term 
`applicable official' with respect to an information dissemination 
product is as follows:
            ``(1) In the case of an IDP originating in an office of the 
        executive branch, the head of the office in which the IDP 
        originated.
            ``(2) In the case of an IDP originating in an office of the 
        legislative branch, the head of the office in which the IDP 
        originated, except that--
                    ``(A) if the IDP originated in an office of the 
                House of Representatives, the term `applicable 
                official' is the Clerk of the House of Representatives; 
                and
                    ``(B) if the IDP originated in the Senate, the term 
                `applicable official' is the Secretary of the Senate.
            ``(3) In the case of an IDP originating in the judicial 
        branch, the Director of the Administrative Office of the United 
        States Courts or the Clerk of the United States Supreme Court 
        (as the case may be).
``Sec. 1722. Responsibility of offices of Government to furnish 
              products to Superintendent of Documents
    ``(a) Requirement To Furnish Products.--
            ``(1) In general.--If an office of the Federal Government 
        produces or procures an information dissemination product, 
        regardless of form or format, the applicable official shall 
        furnish the product to the Superintendent of Documents for 
        inclusion in the national collection established and maintained 
        under this subchapter at the applicable price described in 
        paragraph (2), not later than the date on which the product is 
        made available to the public.
            ``(2) Applicable price described.--In paragraph (1), the 
        `applicable price' with respect to an information dissemination 
        product is--
                    ``(A) in the case of a product in electronic form 
                which the office involved disseminates to the public at 
                no cost, $0; or
                    ``(B) in the case of any other product, such price 
                as may be appropriate, but not to exceed the actual 
                cost to the office involved of producing an additional 
                copy of the product.
    ``(b) Form and Format.--
            ``(1) In general.--In furnishing an information 
        dissemination product to the Superintendent of Documents under 
        this subchapter, the applicable official shall deposit with and 
        notify the Superintendent of digital or tangible (as 
        applicable) versions of such IDP, regardless of the form or 
        format of the product, in such manner as will enable the 
        Superintendent to perform cataloging, indexing, identification, 
        location, availability, and format designation services with 
        respect to the IDP under section 1725 and authentication with 
        respect to the IDP under section 1722.
            ``(2) Special rule for incompatible formats.--
                    ``(A) Providing location and access.--If the form 
                or format of an IDP is not compatible with the 
                electronic systems of the Government Publishing Office, 
                and it is not practicable to make the form or format of 
                the IDP compatible with such systems, the applicable 
                official shall meet the requirements of this section by 
                providing the Superintendent with information on where 
                the content of the IDP is held and how the 
                Superintendent may access the content, and by providing 
                access to and preserving the content of the IDP.
                    ``(B) Cataloging, public access, and 
                preservation.--The Superintendent, in consultation with 
                the applicable official, shall determine the best 
                method to catalog, provide public access to (including 
                through the Federal Depository Library Program under 
                subchapter D), and preserve an IDP which is subject to 
                subparagraph (A).
    ``(c) Notifications Regarding Changes in Production or Procurement 
of Products.--
            ``(1) In general.--The applicable official shall 
        immediately notify the Superintendent of the intent of an 
        office to produce or procure, substantially modify, or 
        terminate the production of an information dissemination 
        product, regardless of form or format, in order to enable the 
        Superintendent to continue to provide public access to the 
        product under this chapter, including access through the 
        Federal Depository Library Program under subchapter D at the 
        applicable price described in subsection (a)(2). Nothing in 
        this paragraph shall be construed to affect the application of 
        section 3506 of this title to any office or applicable 
        official.
            ``(2) Public notice.--The Superintendent of Documents shall 
        publish in the Federal Register, and provide timely notice to 
        the public and the Federal Depository Libraries under 
        subchapter D, of notifications received under paragraph (1). In 
        the case of notifications that an office intends to terminate 
        the production of an information dissemination product, 
        eliminate the production or availability in tangible form of an 
        information dissemination product, or otherwise limit the 
        provision of public access to an information dissemination 
        product to only electronic means, the Superintendent of 
        Documents shall provide such notice not later than 10 days 
        after receiving the notification.
            ``(3) Restrictions on authority to eliminate printed copies 
        of products.--An office may not terminate the production of an 
        information dissemination product, eliminate the production or 
        availability in tangible form of an information dissemination 
        product, or otherwise limit the provision of public access to 
        such product to only electronic means, until the expiration of 
        the 70-day period which begins on the date the head of the 
        office notifies the Superintendent of Documents of the intent 
        to terminate such production, eliminate such production or 
        availability in tangible form, or limit such access to 
        electronic means (as the case may be).
    ``(d) Failure To Furnish Product.--If an applicable official fails 
to furnish an IDP to the Superintendent of Documents under this 
section--
            ``(1) the Superintendent is authorized to obtain the IDP; 
        and
            ``(2) the office of the applicable official shall reimburse 
        the Superintendent for the costs incurred in obtaining and 
        disseminating the IDP.
    ``(e) Additional Methods of Obtaining Products.--
            ``(1) In general.--In addition to the procedures in this 
        section, the Superintendent of Documents may use any other 
        means not prohibited by law to obtain an information 
        dissemination product for inclusion in the national collection 
        under this subchapter.
            ``(2) Collection of products in collection of federal 
        depository libraries.--The Superintendent may enter into 
        arrangements with a Federal Depository Library under subchapter 
        D to obtain from such Library any IDPs in the Library's own 
        collection of documents and materials and the metadata 
        associated with any such IDPs.
    ``(f) Role of Director of the Government Publishing Office.--
            ``(1) Supervision and oversight.--The Superintendent of 
        Documents shall carry out this section under the supervision of 
        the Director of the Government Publishing Office, who shall be 
        responsible for ensuring the compliance of offices of the 
        Federal Government with this section.
            ``(2) Availability of gpo products.--The Director of the 
        Government Publishing Office shall provide the Superintendent 
        with adequate metadata and copies, in digital and tangible form 
        (if available) of all information dissemination products 
        produced or procured by the Government Publishing Office.
    ``(g) Steps To Ensure Compliance by Applicable Officials.--
            ``(1) Regulations.--Each applicable official shall 
        establish guidelines and procedures to ensure that the 
        appropriate personnel of the applicable official's office meet 
        the requirements of this section. To the extent that the 
        applicable official has the authority under law to promulgate 
        regulations, the official shall establish such guidelines and 
        procedures by regulation.
            ``(2) Reports to director of the government publishing 
        office.--Not later than 180 days after the date of the 
        enactment of the FDLP Modernization Act of 2018 and every 3 
        years thereafter, each applicable official shall submit a 
        report to the Director of the Government Publishing Office 
        setting forth a plan to ensure the official's compliance with 
        the requirements of this section, including steps to sanction 
        employees of the official's office for failure to comply with 
        such requirements.
    ``(h) Effective Date; Transition Rule for Electronic Products 
Furnished to Depository Libraries.--
            ``(1) In general.--This section shall apply with respect to 
        any information dissemination product produced or procured on 
        or after the effective date of the FDLP Modernization Act of 
        2018.
            ``(2) Furnishing electronic products to federal depository 
        libraries during transition.--
                    ``(A) Inventory of products.--Not later than 2 
                years after the date of the enactment of the FDLP 
                Modernization Act of 2018, the applicable official of 
                each office shall provide the Superintendent of 
                Documents with an inventory of, and access to, all 
                electronic information dissemination products (as 
                defined in section 1724) which originated in the office 
                prior to the effective date of such Act.
                    ``(B) Furnishing of products to libraries.--If, in 
                the same manner applicable to information dissemination 
                products under section 1721, the Superintendent 
                determines that a product in the inventory provided 
                under subparagraph (A) would be appropriate for 
                inclusion in the national collection under this 
                subchapter (if the product were procured or produced 
                after the effective date of the FDLP Modernization Act 
                of 2018), the applicable official shall furnish the 
                product to the Superintendent for distribution to 
                Federal Depository Libraries under subchapter D, as 
                determined by the Superintendent.
                    ``(C) Costs.--The cost of furnishing an IDP to a 
                Federal Depository Library under this paragraph shall 
                be paid by the Superintendent of Documents.
``Sec. 1723. Requirements for agreements to produce or procure products
    ``(a) Notification to Superintendent of Documents.--An office of 
the Federal Government may not enter into a contract for the 
procurement of production of an information dissemination product by 
any entity other than the Director of the Government Publishing Office, 
regardless of form or format, unless each of the following requirements 
is met:
            ``(1) Prior to entering into the contract, the applicable 
        official notifies the Superintendent of Documents.
            ``(2) The contract includes a requirement that the office 
        shall ensure that the product will be furnished to the 
        Superintendent in accordance with the requirements of this 
        chapter, including any requirement regarding the number, type, 
        and format of copies of the product.
            ``(3) The contract includes a requirement that the office 
        shall meet such conditions as the Superintendent may require to 
        ensure no-fee public access to the product in accordance with 
        this chapter.
    ``(b) Prior Certification of Notice to Superintendent.--No 
production or procurement of an IDP may take place under a contract 
described in subsection (a) until the applicable official verifies that 
notice of the contract was provided to the Superintendent of Documents.
    ``(c) Role of Director of the Government Publishing Office.--The 
Superintendent of Documents shall carry out this section under the 
supervision of the Director of the Government Publishing Office, who 
shall be responsible for ensuring the compliance of offices of the 
Federal Government with this section.
``Sec. 1724. Special requirements for electronic information 
              dissemination products
    ``(a) Types of Material Required To Be Furnished to Superintendent 
of Documents.--For purposes of section 1722, upon request of the 
Superintendent of Documents, the applicable official shall promptly 
provide the Superintendent with copies of, or access to, electronic 
files and metadata or other digital descriptive material associated 
with an electronic information dissemination product (including any 
relevant material necessary for the Superintendent to comply with 
section 1725) which will enable the Superintendent to provide permanent 
public access to the IDP through the online repository under subchapter 
C and through the Federal Depository Library Program under subchapter 
D.
    ``(b) Special Rules for Products Made Available on Websites of 
Originating Offices.--
            ``(1) Sharing of metadata with director of the government 
        publishing office.--If an office of the Government makes an 
        electronic information dissemination product of the office 
        available to the public through the office's website, the head 
        of the office shall ensure that the Director of the Government 
        Publishing Office (acting through the Superintendent of 
        Documents) has the appropriate metadata associated with the 
        product to enable the Director of the Government Publishing 
        Office to provide a link to the product through the online 
        repository under subchapter C.
            ``(2) Treatment of online fee-for-service programs.--If an 
        office of the Government makes IDPs available to the public 
        online under a fee-for-service program, the office shall ensure 
        that the Superintendent of Documents has access to such 
        services, at a cost no greater than the applicable price 
        described in section 1722(a)(2), so that the Superintendent may 
        make such services available to Federal Depository Libraries 
        under subchapter D.
    ``(c) Online Public Access During Transition to Online 
Repository.--If, at any time after the effective date of the FDLP 
Modernization Act of 2018, the online repository under subchapter C is 
not in operation, each office in which an electronic information 
dissemination product originates shall provide permanent public access 
to the IDP through an electronic communications system or network.
``Sec. 1725. Cataloging and related services for information 
              dissemination products
    ``(a) Cataloging, Indexing, Identification, Location, Availability, 
and Format Designation Services.--
            ``(1) Services described.--The Superintendent of Documents 
        shall--
                    ``(A) perform cataloging, indexing, identification, 
                location, availability, and format designation services 
                with respect to the information dissemination products 
                included in the national collection under this 
                subchapter;
                    ``(B) perform cataloging, indexing, identification, 
                location, availability, and format designation services 
                with respect to any information dissemination products 
                which are included in the historical collection under 
                section 1721(d); and
                    ``(C) make the resulting cataloging, indexing, 
                identification, location, availability, and format 
                designation information available for no-fee public 
                access under the program described in subsection (b), 
                and as part of the national collection under this 
                subchapter.
            ``(2) Ensuring incorporation of current methodologies and 
        practices.--The Superintendent shall periodically review and 
        revise the methods by which the Superintendent performs the 
        services required under paragraph (1) to ensure that such 
        methods incorporate contemporary library and information 
        management methodologies and practices.
    ``(b) Catalog of Government Products.--
            ``(1) Establishment of catalog.--The Superintendent of 
        Documents shall establish and maintain a Catalog of Government 
        Products consisting of a comprehensive set of metadata, 
        including the digital object identifier, associated with 
        information dissemination products, including existing products 
        which are not yet catalogued, and may make the records of such 
        Catalog available in other bibliographic utilities that support 
        widely available record sharing.
            ``(2) National bibliographic records inventory.--The 
        Superintendent shall carry out a program to bring fugitive 
        documents under bibliographic control and to make records 
        associated with such documents available through the Catalog 
        established and maintained under paragraph (1) and other 
        appropriate bibliographic utilities.
    ``(c) Digitization.--
            ``(1) In general.--The Superintendent of Documents is 
        authorized to digitize, to the greatest extent practicable, all 
        information dissemination products created at any time, and to 
        include such products in digitized form in the national 
        collection under this subchapter.
            ``(2) Authentication.--To the greatest extent practicable, 
        the Superintendent shall identify the chain of custody or other 
        provenance of IDPs in the national collection under this 
        subchapter which are in digitized form, and shall verify that 
        such IDPs are complete and unaltered.
    ``(d) Authorizing Activities To Be Carried Out by Other Entities.--
            ``(1) Authorization.--The Superintendent of Documents may 
        enter into an agreement with another entity (including a 
        Federal Depository Library under subchapter D) to carry out any 
        of the activities authorized under this section, in accordance 
        with regulations promulgated under this subchapter.
            ``(2) Treatment of work product as work of united states 
        government for purposes of copyright.--For purposes of section 
        105 of title 17, any work product produced under an agreement 
        entered into under paragraph (1) shall be considered a work of 
        the United States Government.
    ``(e) Coordination With Other Legislative Branch Officials.--In 
carrying out this section, the Superintendent shall coordinate and 
consult with appropriate officials of the legislative branch, including 
the Clerk of the House of Representatives, the Secretary of the Senate, 
and the Librarian of Congress, with respect to the dissemination of 
information dissemination products under this subchapter for inclusion 
in the legislative information retrieval system established and 
operated under section 209 of the Legislative Branch Appropriations 
Act, 1996 (2 U.S.C. 180).
``Sec. 1726. Collection development plan
    ``(a) Plan.--The Superintendent of Documents shall establish a 
collection development plan for the national collection of information 
dissemination products under this subchapter, taking into consideration 
the requirements of the online repository under subchapter C and the 
needs of the Federal Depository Library Program under subchapter D.
    ``(b) Regulations.--The collection development plan under this 
section shall be carried out in accordance with regulations promulgated 
under this subchapter.
``Sec. 1727. Replacement and removal of products from national 
              collection
    ``(a) Limitation on Replacement and Removal.--An information 
dissemination product may not be replaced or removed from the national 
collection under this subchapter except as provided under the policies 
described in subsection (b).
    ``(b) Policies.--
            ``(1) In general.--The Superintendent of Documents shall 
        carry out each of the following policies with respect to the 
        information dissemination products, regardless of form or 
        format, which are included in the national collection under 
        this subchapter:
                    ``(A) A policy for the replacement of an IDP in 
                case of error.
                    ``(B) A policy for the removal of an IDP when 
                required to comply with relevant law.
            ``(2) Requirements.--The policies described in paragraph 
        (1) shall provide for--
                    ``(A) notification of the replacement or removal to 
                the public and the Federal Depository Libraries; and
                    ``(B) compliance with relevant law, including the 
                need for the preservation of materials for archival 
                purposes with the National Archives and Records 
                Administration.
    ``(c) Regulations.--Each of the policies under this section shall 
be carried out in accordance with regulations promulgated under this 
subchapter.

                   ``SUBCHAPTER C--ONLINE REPOSITORY

``Sec. 1731. Establishment and operation of online repository for no-
              fee access to information dissemination products
    ``(a) Online Repository.--The Director of the Government Publishing 
Office shall establish and operate a trustworthy information system and 
online repository through which members of the public may obtain, at no 
charge, information dissemination products which are included in the 
national collection established and maintained under subchapter B.
    ``(b) Open and Bulk Formats.--To the greatest extent practicable, 
the online repository shall provide users with access to IDPs in open, 
machine-readable, and nonproprietary formats, and be available for bulk 
download with the relevant metadata incorporated.
    ``(c) Preservation of Products.--The Director of the Government 
Publishing Office shall ensure the preservation for permanent public 
access of information dissemination products included in the online 
repository, including through a program providing for the permanent 
retention of digital materials.
``Sec. 1732. Authentication of products
    ``(a) Requiring Authentication.--To the greatest extent 
practicable, the Director of the Government Publishing Office shall 
ensure that each information dissemination product made available on 
the online repository under this subchapter is authenticated, identify 
the product's chain of custody or other provenance, and verify that the 
product is complete and unaltered.
    ``(b) Identification of Non-Authenticated Products.--The Director 
of the Government Publishing Office shall ensure that if any IDP in the 
online repository is not authenticated, the lack of authentication 
shall be noted within the IDP.
``Sec. 1733. Privacy of users
    ``(a) Protecting User Privacy.--Not later than 180 days after the 
date of the enactment of the FDLP Modernization Act of 2018, the 
Superintendent of Documents shall implement measures to protect the 
privacy of individuals using the online repository under this 
subchapter, and shall ensure that such measures provide users with at 
least the same level of privacy as provided under section 552a of title 
5 (commonly known as the Privacy Act of 1974) and section 208 of the E-
Government Act of 2002 (Public Law 107-347; set out as a note under 
section 3501 of this title).
    ``(b) Regulations.--This section shall be carried out in accordance 
with regulations promulgated under this subchapter.

           ``SUBCHAPTER D--FEDERAL DEPOSITORY LIBRARY PROGRAM

``Sec. 1741. No-fee access to products through Federal Depository 
              Libraries
    ``(a) Federal Depository Library Program.--The Director of the 
Government Publishing Office, acting through the Superintendent of 
Documents, shall operate a program under which, in accordance with this 
subchapter--
            ``(1) the Superintendent of Documents shall designate 
        libraries as Federal Depository Libraries, including Selective 
        Depository Libraries, Regional Depository Libraries, and 
        Preservation Depository Libraries;
            ``(2) the Superintendent shall furnish, at no cost, to each 
        library designated as a Federal Depository Library under this 
        subchapter access to the national collection of information 
        dissemination products under subchapter B, including--
                    ``(A) complete access to cataloging, indexing, 
                identification, location, availability, and format 
                designation services under section 1725;
                    ``(B) complete access to the online repository 
                under subchapter C; and
                    ``(C) such information dissemination products as 
                are provided for in this subchapter; and
            ``(3) each such Federal Depository Library shall provide 
        no-fee access to the collection to members of the public.
    ``(b) Special Rule for Copies of Congressional Documents.--
            ``(1) Reports or other documents of congress.--
                    ``(A) In general.--Notwithstanding section 701 of 
                this title, the Director of the Government Publishing 
                Office shall print and provide such number of copies of 
                each report or other document of Congress as the 
                Superintendent of Documents may establish for purposes 
                of furnishing such reports and documents for the 
                Federal Depository Library Program under this 
                subchapter.
                    ``(B) Format; binding.--The Director shall provide 
                the Superintendent of Documents with the copies 
                required under this paragraph in unbound form as soon 
                as practicable after printing is completed, except that 
                any report or other document of sufficient size on any 
                one subject (as established by the Superintendent) 
                shall be bound separately and receive the title 
                suggested by the subject of the volume. The Director 
                shall provide that the bound sets of such reports or 
                other documents are arranged in volumes and bound in a 
                practical and economical manner as established by the 
                Superintendent.
            ``(2) Congressional record.--Notwithstanding section 906 of 
        this title, the Director of the Government Publishing Office 
        shall print and provide such number of copies of the 
        Congressional Record as the Superintendent of Documents may 
        establish for purposes of furnishing the Congressional Record 
        for the Federal Depository Library Program under this 
        subchapter.
``Sec. 1742. Requirements for Federal Depository Libraries
    ``(a) Minimum Requirements Described.--Each library designated as a 
Federal Depository Library under this subchapter shall meet the 
following requirements:
            ``(1) The library shall provide members of the public with 
        no-fee access to all of the information dissemination products 
        furnished to the library by the Superintendent of Documents 
        under this chapter--
                    ``(A) in electronic format by providing internet 
                access to the online repository under subchapter C and 
                to cataloging, indexing, identification, location, 
                availability, and format designation services under 
                section 1725; and
                    ``(B) in any tangible format held under this 
                subchapter.
            ``(2) The library shall ensure that a member of the 
        library's staff who is knowledgeable about the services 
        described in paragraph (1) is reasonably available to assist 
        patrons with the provision of such services.
            ``(3) The library shall meet such other additional 
        requirements as the Superintendent may establish by regulations 
        promulgated under this subchapter.
    ``(b) Maintenance and Removal of Deposited IDPs.--In addition to 
the requirements described in subsection (a), each library designated 
as a Federal Depository Library under this subchapter shall maintain 
the information dissemination products furnished to the library by the 
Superintendent under this chapter (regardless of form or format) in 
accordance with such policies as the Superintendent may establish, and 
may remove any such products only in accordance with such policies as 
the Superintendent may establish (consistent with the requirements of 
section 1744 in the case of Selective Depository Libraries and the 
requirements of section 1745 in the case of Regional Depository 
Libraries).
    ``(c) Management of IDPs in Tangible Form.--Any information 
dissemination product which is deposited with a Federal Depository 
Library under this subchapter in tangible form remains the property of 
the United States Government unless the IDP is donated to the Library 
under section 1743(b).
    ``(d) Regulations.--The Superintendent shall establish the 
requirements of this section in accordance with regulations promulgated 
under this subchapter. Such regulations shall encourage participation 
by a broad and diverse group of libraries, and may not establish a 
limit on the number of libraries which may be designated under this 
section.
``Sec. 1743. Services available for depository libraries
    ``(a) Optional Digital Deposit.--
            ``(1) In general.--At the option of the Library, a Federal 
        Depository Library may receive directly from the Superintendent 
        of Documents deposits in electronic format of information 
        dissemination products included in the national collection, 
        unless impracticable, in accordance with regulations 
        promulgated under this subchapter.
            ``(2) Protecting privacy of users.--If the Library permits 
        individuals to seek access to IDPs which are hosted on its own 
        server in accordance with this subsection, the Library shall 
        comply to the extent practicable with the same measures 
        implemented by the Superintendent of Documents to protect the 
        privacy of individuals who seek access to IDPs through the use 
        of online repository under subchapter C.
    ``(b) Donation of IDPs.--If an information dissemination product 
deposited with a Federal Depository Library is no longer needed for 
purposes of this subchapter, the Superintendent may donate the product 
to the Library, in accordance with regulations promulgated under this 
subchapter.
    ``(c) Availability of Training Program for Use of Libraries.--
            ``(1) Development of program.--The Superintendent shall 
        develop a training and continuing education program which may 
        be used by Federal Depository Libraries to promote the ability 
        of the Libraries to understand the operation of the program 
        under this subchapter and the content of the materials 
        furnished to the Libraries under the program.
            ``(2) Optional use of program.--The use by any Federal 
        Depository Library of the program developed under paragraph (1) 
        shall be optional for the Library.
            ``(3) Availability to public.--Nothing in this subsection 
        may be construed to prohibit the Superintendent from making the 
        program developed under paragraph (1) or any materials 
        developed as part of such program available to the public, as 
        the Superintendent considers appropriate.
``Sec. 1744. Selective Depository Libraries
    ``(a) Selective Depository Libraries Described.--A library which is 
designated as a Federal Depository Library may, at its request, be 
designated as a Selective Depository Library if the Library meets the 
following requirements:
            ``(1) The Library provides access to selected information 
        dissemination products in tangible form as provided by the 
        Superintendent of Documents, under regulations promulgated 
        under this subchapter.
            ``(2) The Library agrees to maintain its collection of such 
        IDPs in tangible form for a minimum of 5 years after receipt, 
        unless the Superintendent authorizes earlier withdrawal.
            ``(3) The Library collaborates with a Regional Depository 
        Library (as designated under section 1745) on the maintenance 
        of a regional collection of such IDPs in tangible form.
            ``(4) A Member of Congress makes a recommendation to the 
        Superintendent that the Library should be designated as a 
        Selective Depository Library.
    ``(b) Regulations; Limitation on Number.--The Superintendent shall 
carry out this section in accordance with regulations promulgated under 
this subchapter. Such regulations shall provide for an adequate number 
and distribution of Selective Depository Libraries in order to meet the 
information needs of the public, and shall not prevent the designation 
of at least one Selective Depository Library in each congressional 
district.
``Sec. 1745. Regional Depository Libraries
    ``(a) Regional Depository Libraries Described.--A library which is 
designated as a Federal Depository Library may, at its request, be 
designated as a Regional Depository Library if the Library meets the 
following requirements:
            ``(1) The Library agrees to receive its information 
        dissemination products from the Superintendent of Documents for 
        purposes of this subchapter in tangible form, except that the 
        Library may decline to receive an IDP in tangible form if the 
        authenticated IDP is available through the online repository 
        under subchapter C.
            ``(2) The Library provides access to all IDPs under this 
        subchapter regardless of form or format.
            ``(3) The Library coordinates and collaborates with 
        Selective Depository Libraries to maintain access to the 
        collection of IDPs available within the region, including IDPs 
        deposited prior to the library's designation as a Federal 
        Depository Library under this subchapter, and may do so by 
        housing some of its collection at one or more Selective 
        Depository Libraries pursuant to an agreement with such 
        Selective Depository Library.
            ``(4) The Library agrees to provide services under this 
        subchapter to Selective Depository Libraries under agreements 
        facilitated by the Superintendent of Documents, in accordance 
        with regulations promulgated under this subchapter.
            ``(5) A Senator makes a recommendation to the 
        Superintendent that the Library should be designated as a 
        Regional Depository Library.
    ``(b) Withdrawal of Collection of Tangible IDPs.--A Regional 
Depository Library may withdraw from its collection an IDP which is in 
tangible form if--
            ``(1) the authenticated IDP is available through the online 
        repository under subchapter C; and
            ``(2) the Superintendent has identified for preservation an 
        appropriate number of copies of the IDP in tangible form in a 
        sufficient number of Federal Depository Libraries.
    ``(c) Relocation of Collection of Tangible IDPs.--If a collection 
of information dissemination products in tangible form is relocated 
from a Regional Depository Library to another Federal Depository 
Library under this subchapter (including relocation resulting from the 
selective discarding of such products and the acceptance of such 
discarded products by another Federal Depository Library), the Director 
of the Government Publishing Office may pay the costs of the 
relocation, including related cataloging and transportation costs.
    ``(d) Regulations; Contents.--
            ``(1) In general.--The Superintendent shall carry out this 
        section in accordance with regulations promulgated under this 
        subchapter. Such regulations shall--
                    ``(A) in establishing criteria for agreements 
                between Regional Depository Libraries and Selective 
                Depository Libraries (as described in paragraph (4) of 
                subsection (a)), give preference to any consortia and 
                similar collaborative efforts in effect between such 
                Libraries, without regard to geographic restrictions;
                    ``(B) limit the number of Regional Depository 
                Libraries located in any State to two; and
                    ``(C) unless impracticable, provide for the 
                designation of at least 2 Regional Depository Libraries 
                in each census region.
            ``(2) Consultation.--In establishing regulations under 
        paragraph (1), the Superintendent shall consult with Selective 
        Depository Libraries and Regional Depository Libraries.
``Sec. 1746. Preservation Depository Libraries
    ``(a) Preservation Depository Libraries Described.--A library which 
is designated as a Federal Depository Library may, at its request, be 
designated as a Preservation Depository Library if the Library enters 
into an agreement with the Superintendent of Documents to assist the 
Superintendent with the preservation of information dissemination 
products in the national collection under subchapter B.
    ``(b) Location of Products.--Under an agreement under this section, 
a Preservation Depository Library may preserve IDPs (regardless of form 
or format) by housing them at its own location or by coordinating and 
managing all or part of collections of IDPs which are housed at other 
Federal Depository Libraries.
    ``(c) Preservation Agreements With Other Entities.--In addition to 
designating Preservation Depository Libraries under this section, the 
Superintendent may enter in agreements with other entities to assist 
the Superintendent with the preservation of information dissemination 
products in the national collection under subchapter B.
    ``(d) Regulations.--The Superintendent shall carry out this section 
in accordance with regulations promulgated under this subchapter. Under 
such regulations, the Superintendent shall seek to designate 
Preservation Depository Libraries in a manner which promotes geographic 
diversity.
``Sec. 1747. Procedures for designation
    ``(a) In General.--The Superintendent of Documents may designate a 
library as a Federal Depository Library under this subchapter if the 
Library provides the Superintendent (at such time and in such form as 
the Superintendent may require) such information and assurances as the 
Superintendent may require to determine that the library will meet the 
applicable requirements of this subchapter, in accordance with 
regulations promulgated under this subchapter.
    ``(b) Termination of Designation.--
            ``(1) Termination.--The designation of a library as a 
        Federal Depository Library, Selective Depository Library, 
        Regional Depository Library, or Preservation Depository Library 
        under this subchapter may be terminated by the Superintendent 
        only--
                    ``(A) if the Superintendent determines that the 
                library does not meet the applicable requirements for 
                designation under this subchapter; or
                    ``(B) at the request of the library.
            ``(2) Criteria for determination.--The determination by the 
        Superintendent under subparagraph (A) of paragraph (1) shall be 
        made in accordance with regulations promulgated under this 
        subchapter which shall provide for a reasonable opportunity for 
        remediation.

                     ``SUBCHAPTER E--SALES PROGRAM

``Sec. 1751. Sales program
    ``(a) Authorization of Sales Program.--
            ``(1) In general.--The Director of the Government 
        Publishing Office may operate a program for the sale of 
        information dissemination products to the public.
            ``(2) Format of products offered.--The Director may offer 
        products for sale under the program in any form or format 
        (including tangible and electronic), except that if the 
        Director makes alterations to the product by reformatting or 
        otherwise manipulating the original form or format of the 
        content of the product to prepare it for sale, the Director 
        must disclose such alterations on the product.
            ``(3) Exclusion of confidential materials.--The Director 
        may not offer any product for sale under the program if the 
        product is confidential in nature.
    ``(b) Acquisition of Products.--
            ``(1) Authorization of additional production or 
        procurement.--The Director of the Government Publishing Office 
        may produce or procure additional copies of IDPs for the use of 
        the sales program, so long as such production or procurement 
        does not interfere with the prompt execution of IDP production 
        or procurement for the Government.
            ``(2) Reprinting of documents.--In the case of an IDP which 
        consists of a document, the Director may from time to time 
        reprint additional copies of the document for sale under the 
        program, so long as the Director notifies the office which 
        created the IDP.
            ``(3) Blank forms.--The Director may print additional 
        copies of approved Government forms for sale to the public 
        under the sales program.
    ``(c) Resale by Commercial Vendors.--
            ``(1) Authorization of resale.--As part of the sales 
        program, the Director of the Government Publishing Office may 
        authorize the resale of IDPs by book dealers and other 
        commercial vendors, under such terms and conditions as the 
        Director may establish.
            ``(2) No effect on public access.--Nothing in paragraph (1) 
        may be construed to remove any IDP which is subject to resale 
        under such paragraph (including the original text and the 
        underlying data) from the public domain, or to waive any 
        requirement that the IDP be available for no-fee public access 
        under any other subchapter of this chapter.
``Sec. 1752. Determination of costs of products
    ``(a) Operation of Program on Self-Sustaining Basis.--To the 
greatest extent feasible, the Director of the Government Publishing 
Office shall operate the sales program under this subchapter on a self-
sustaining basis, so that the prices of the information dissemination 
products sold will cover the cost of procurement or production, 
dissemination, and other appropriate costs associated with the program 
as determined by the Director, including the offering of sales 
discounts.
    ``(b) Special Rule for Federal Depository Library Program.--The 
Director of the Government Publishing Office shall ensure that any IDP 
(regardless of form or format) which is made available for sale under 
the sales program is offered to the Superintendent of Documents for 
purposes of this chapter at no greater than the applicable price 
described in subsection (a)(2) of section 1722.
``Sec. 1753. Inventory
    ``(a) Annual Inventory.--The Director of the Government Publishing 
Office shall conduct an inventory of the sales program under this 
subchapter each fiscal year and use the results of the inventory to 
determine stock levels necessary for the next year.
    ``(b) Destruction or Remaindering of Inventory.--Prior to 
destroying or remaindering any inventory of IDPs, the Director of the 
Government Publishing Office shall first offer the inventory at no cost 
to--
            ``(1) the Superintendent of Documents for purposes of the 
        other subchapters of this chapter; and
            ``(2) if the Superintendent rejects the offer, the office 
        which created the IDPs.

             ``SUBCHAPTER F--OTHER PROGRAMS AND AUTHORITIES

``Sec. 1761. By-law distribution program
    ``(a) House of Representatives and Senate.--For each fiscal year, 
the Superintendent shall deliver information dissemination products to 
the Clerk of the House of Representatives for use in the libraries of 
the House and to the Secretary of the Senate for use in the libraries 
of the Senate.
    ``(b) National Archives and Records Administration.--For each 
fiscal year, the Superintendent shall deliver information dissemination 
products to the National Archives and Records Administration for use by 
the Archivist of the United States, including use by the Presidential 
Library established for the President during whose term the IDPs were 
produced, based on a determination made by the Archivist and the 
Superintendent jointly of the number of IDPs necessary for the use of 
the Archivist.
    ``(c) Foreign Dissemination.--
            ``(1) United states legations and consulates.--The 
        Superintendent may disseminate an information dissemination 
        product to a legation or consulate of the United States only if 
        the Secretary of State, by an order to be recorded in the State 
        Department, determines that the dissemination is suitable for 
        and required by the legation and consulate.
            ``(2) Foreign legations.--The Superintendent may 
        disseminate an information dissemination product to a foreign 
        legation to the United States only upon request of the 
        Secretary of State, and only in such number as the Secretary 
        provides in the request. The Superintendent may disseminate an 
        IDP to a foreign legation to the United States without cost 
        only if the government of such legation furnishes copies of its 
        printed and legislative documents to legations of the United 
        States.
    ``(d) Library of Congress and Congressional Research Service.--
            ``(1) Library of congress.--For each fiscal year, the 
        Superintendent shall furnish to the Library of Congress a 
        number of full and partial sets of information dissemination 
        products in a timely manner, based on a determination made by 
        the Librarian of Congress and transmitted to the Superintendent 
        of the number of sets necessary for the Library to provide 
        services to Congress and to maintain its collections for such 
        fiscal year.
            ``(2) Congressional research service.--For each fiscal 
        year, the Superintendent shall furnish to the Congressional 
        Research Service a number of full and partial sets of 
        information dissemination products in a timely manner, based on 
        a determination made by the Director of the Congressional 
        Research Service and transmitted to the Superintendent of the 
        number of sets necessary to provide services to Congress for 
        such fiscal year. The Director shall make a payment for the 
        costs incurred by the Superintendent in furnishing IDPs under 
        this paragraph, and for the related costs of carrying out this 
        paragraph, based on the incremental costs of printing, using 
        funds appropriated to the Director for such purpose.
``Sec. 1762. International Exchange Service Program
    ``(a) Dissemination Through Librarian of Congress.--For each fiscal 
year, the Superintendent shall furnish a number of full and partial 
sets of information dissemination products in a timely manner to the 
Library of Congress to enable the Librarian of Congress to meet the 
requirements of international exchange service programs for such fiscal 
year, based on a determination made by the Librarian of Congress and 
transmitted to the Superintendent of the number of sets necessary for 
such purpose. The costs of carrying out this subsection shall be 
charged to appropriations provided for the Superintendent for purposes 
of this subsection.
    ``(b) International Exchange Service Programs Described.--In this 
section, an `international exchange service program' is any program to 
fully carry into effect the convention concluded at Brussels on March 
15, 1886, and proclaimed by the President of the United States on 
January 15, 1889, and all subsequent bilateral and multilateral 
treaties and agreements under which copies of Government publications 
are provided for distribution to foreign governments which agree, as 
indicated by the Librarian of Congress, to send to the United States 
similar publications of their governments for delivery to the Library 
of Congress.
``Sec. 1763. Acceptance of gifts
    ``The Director of the Government Publishing Office may accept and 
use gifts and bequests of property (both real and personal) and 
services in support of the Superintendent's responsibilities under this 
chapter.
``Sec. 1764. Authorities of Director of the Government Publishing 
              Office
    ``(a) Plenary Authority To Promote Public Access to Products.--
Consistent with this chapter and other applicable laws, the Director of 
the Government Publishing Office may take such measures as the Director 
considers necessary to ensure the timely dissemination of information 
dissemination products to the public and to expand and improve the 
maintenance of permanent public access to such products.
    ``(b) Regulations.--
            ``(1) In general.--The Director of the Government 
        Publishing Office may promulgate such regulations as the 
        Director considers necessary to carry out any subchapter of 
        this chapter on behalf of the Superintendent of Documents, in 
        accordance with the requirements of this section.
            ``(2) Application of administrative procedures.--The 
        promulgation of regulations by the Director pursuant to this 
        subsection shall be subject to the following laws:
                    ``(A) Section 553 of title 5 (relating to notice 
                and comment requirements for agency rule making).
                    ``(B) Chapter 7 of title 5 (relating to judicial 
                review of agency actions).
            ``(3) Mandatory review.--Three years after the promulgation 
        of any regulation pursuant to this subsection and every 3 years 
        thereafter, the Director shall conduct a review of the 
        regulation to determine whether or not the regulation should be 
        updated or repealed.
            ``(4) Permanent retention; public accessibility.--The 
        Director shall ensure that any regulation promulgated pursuant 
        to this subsection is retained permanently in the records of 
        the Government Publishing Office and is fully accessible to the 
        public.
``Sec. 1765. Source of funds used to carry out programs and activities
    ``The costs of carrying out any programs and activities under this 
chapter shall be paid solely from a separate appropriation made for the 
activities of the Superintendent of Documents (or from gifts and 
bequests accepted under section 1763.
``Sec. 1766. Congressional oversight
    ``(a) Reports.--Not later than 45 days after the first 6 months of 
each fiscal year, and not later than 45 days after the next 6 months of 
each fiscal year, the Director of the Government Publishing Office 
shall submit to the Joint Committee on Printing a report on the 
activities of the Superintendent of Documents during the previous 6 
months, and shall include in the report the following information:
            ``(1) Gifts accepted by the Director under section 1763, 
        including the donor, the amount, and the disposition.
            ``(2) Actions taken to ensure the protection of the privacy 
        of users of information dissemination products.
            ``(3) The status of the Depository Library Program under 
        subchapter D.
            ``(4) The status of any pending rules or regulations 
        proposed under this chapter.
            ``(5) Notifications received by the Superintendent of 
        Documents under section 1723(a).
            ``(6) Any information dissemination products replaced or 
        recalled under section 1727 from the national collection 
        established under subchapter B.
    ``(b) Posting for No-Fee Public Access.--At the time of submitting 
a report under subsection (a) to the Joint Committee on Printing, the 
Director of the Government Publishing Office shall post an electronic 
version of the report on the Government Publishing Office's official 
website for no-fee public access.''.
    (b) Conforming Amendments to Title 44, United States Code.--
            (1) Distribution of congressional documents for library of 
        congress and international exchange service programs.--Section 
        701 of title 44, United States Code, is amended--
                    (A) in subsection (b), by striking ``ten copies, as 
                provided by section 1718 of this title'' each place it 
                appears and inserting ``the number of copies determined 
                in accordance with section 1761(d) of this title''; and
                    (B) in subsection (c), by striking ``not to exceed 
                one hundred and fifty copies, as provided by section 
                1718 of this title'' and inserting ``the number of 
                copies determined in accordance with section 1761(d) of 
                this title''; and
                    (C) in subsection (c), by striking ``as provided by 
                sections 1718 and 1719 of this title'' and inserting 
                ``as determined in accordance with sections 1761(d) and 
                1762 of this title''.
            (2) Distribution of congressional record for library of 
        congress and international exchange programs.--Section 906 of 
        such title is amended by striking ``as provided by sections 
        1718 and 1719 of this title, not to exceed one hundred and 
        forty-five copies of the daily, five semimonthly copies, and 
        one hundred and fifty bound copies'' and inserting ``the number 
        of copies determined in accordance with sections 1761(d) and 
        1762 of this title''.
            (3) Preparation of federal register and code of federal 
        regulations.--The last sentence of section 1504 of such title 
        is amended by striking ``by sections 1705 and 1708 of this 
        title'' and inserting ``by subchapter E of chapter 17 of this 
        title''.
            (4) Other conforming amendments.--Title 44, United States 
        Code, is further amended by striking chapters 19 and 41.
    (c) Clerical Amendments.--The table of chapters for title 44, 
United States Code, is amended--
            (1) by striking the item relating to chapter 17 and 
        inserting the following:

    ``CHAPTER 17--No-Fee Public Access to Government Information'';

        and
            (2) by striking the items relating to chapters 19 and 41.

SEC. 3. TRANSITION.

    (a) Treatment of Individual Currently Holding Position of 
Superintendent of Documents.--
            (1) Permitting individual to serve on interim basis.--For 
        purposes of title 44, United States Code, as amended by this 
        Act, any individual who holds the position of Superintendent of 
        Documents as of the effective date of this Act shall be deemed 
        to meet the qualifications for such position under such title, 
        and shall be permitted to remain in that position after the 
        effective date of this Act until the Director of the Government 
        Publishing Office appoints an individual to serve as the 
        Superintendent of Documents under section 1702 of such title, 
        as amended by this Act. Nothing in this paragraph shall be 
        construed to prohibit the Director from appointing such an 
        individual as the Superintendent of Documents under section 
        1702 of such title, as amended by this Act.
            (2) Special rule on compensation.--If an individual 
        described in paragraph (1) serves as Superintendent of 
        Documents pursuant to the authority of such paragraph after the 
        effective date of this Act, the individual shall receive 
        compensation for such service after such date at the same 
        annual rate of compensation the individual received as of the 
        effective date of this Act. If the Director of the Government 
        Publishing Office appoints the individual to serve as 
        Superintendent of Documents under section 1702 of title 44, 
        United States Code, as amended by this Act, the individual 
        shall be compensated in accordance with such section.
    (b) Transition for Existing Depository Libraries.--For purposes of 
chapter 17 of title 44, United States Code, as amended by this Act--
            (1) each institution which, as of the effective date of 
        this Act, is designated as a depository library under chapter 
        19 of such title (as in effect prior to such date) shall be 
        deemed to have been designated as a Federal Depository Library 
        under chapter 17 of such title on the effective date of this 
        Act;
            (2) each institution which, as of the effective of this 
        Act, is designated as a selective depository library under 
        chapter 19 of such title (as in effect prior to such date) 
        shall be deemed to have been designated as a Selective 
        Depository Library under chapter 17 of such title on the 
        effective date of this Act; and
            (3) each institution which, as of the effective date of 
        this Act, is serving a regional depository library under 
        chapter 19 of such title (as in effect prior to such date) 
        shall be deemed to have been designated as a Regional 
        Depository Library under chapter 17 of such title on the 
        effective date of this Act.

SEC. 4. GAO STUDY AND REVIEW OF IMPLEMENTATION OF CHANGES TO RULES 
              GOVERNING PUBLIC ACCESS TO GOVERNMENT PUBLICATIONS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study on the implementation of chapter 17 of title 44, as 
amended by this Act. Such study shall include an analysis of--
            (1) the status of the implementation of such chapter;
            (2) the extent of compliance by offices of the Federal 
        Government with the requirements of such chapter;
            (3) the effectiveness of such chapter at meeting the needs 
        of the public and Federal Depository Libraries in providing 
        public access to government information; and
            (4) other related issues determined appropriate by the 
        Comptroller General.
    (b) Report.--Not later than 3 years after the date of the enactment 
of this Act, the Comptroller General of the United States shall submit 
to the Joint Committee on Printing a report on the study conducted 
under subsection (a).

SEC. 5. EFFECTIVE DATE.

    Except as otherwise provided, this Act and the amendments made by 
this Act shall apply with respect to the first fiscal year which begins 
after the date of the enactment of this Act and each succeeding fiscal 
year.
                                 <all>
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