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 APPLICA-
BLE OFFICIALS.— 
‘‘(1) REGULATIONS.—Each applicable official 
shall establish guidelines and procedures to ensure 
that the appropriate personnel of the applicable offi-
cial’s office meet the requirements of this section. To 
the extent that the applicable official has the author-
ity under law to promulgate regulations, the official 
shall establish such guidelines and procedures by 
regulation. 
‘‘(2) REPORTS TO DIRECTOR OF THE GOVERN-
MENT
PUBLISHING
OFFICE.—Not later than 180 
days after the date of the enactment of the FDLP 
Modernization Act of 2018 and every 3 years there-
after, each applicable official shall submit a report 
to the Director of the Government Publishing Office 
setting forth a plan to ensure the official’s compli-
ance with the requirements of this section, including 
steps to sanction employees of the official’s office for 
failure to comply with such requirements. 
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‘‘(h) EFFECTIVE DATE; TRANSITION RULE
FOR 
ELECTRONIC PRODUCTS FURNISHED TO DEPOSITORY LI-
BRARIES.— 
‘‘(1) IN
GENERAL.—This section shall apply 
with respect to any information dissemination prod-
uct 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 TRANSI-
TION.— 
‘‘(A) INVENTORY
OF
PRODUCTS.—Not 
later than 2 years after the date of the enact-
ment of the FDLP Modernization Act of 2018, 
the applicable official of each office shall pro-
vide the Superintendent of Documents with an 
inventory of, and access to, all electronic infor-
mation 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
LI-
BRARIES.—If, in the same manner applicable to 
information dissemination products under sec-
tion 1721, the Superintendent determines that 
a product in the inventory provided under sub-
paragraph (A) would be appropriate for inclu-
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sion in the national collection under this sub-
chapter (if the product were procured or pro-
duced after the effective date of the FDLP 
Modernization Act of 2018), the applicable offi-
cial shall furnish the product to the Super-
intendent 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. 
‘‘§ 1723. Requirements for agreements to produce or 
procure products 
‘‘(a) NOTIFICATION TO SUPERINTENDENT OF DOCU-
MENTS.—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 Of-
fice, regardless of form or format, unless each of the fol-
lowing requirements is met: 
‘‘(1) Prior to entering into the contract, the ap-
plicable official notifies the Superintendent of Docu-
ments. 
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‘‘(2) The contract includes a requirement that 
the office shall ensure that the product will be fur-
nished to the Superintendent in accordance with the 
requirements of this chapter, including any require-
ment 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 Super-
intendent may require to ensure no-fee public access 
to the product in accordance with this chapter. 
‘‘(b) PRIOR CERTIFICATION OF NOTICE TO SUPER-
INTENDENT.—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 Docu-
ments. 
‘‘(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. 
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‘‘§ 1724. Special requirements for electronic informa-
tion dissemination products 
‘‘(a) TYPES OF MATERIAL REQUIRED TO BE FUR-
NISHED
TO SUPERINTENDENT
OF DOCUMENTS.—For 
purposes of section 1722, upon request of the Super-
intendent of Documents, the applicable official shall 
promptly provide the Superintendent with copies of, or ac-
cess to, electronic files and metadata or other digital de-
scriptive material associated with an electronic informa-
tion dissemination product (including any relevant mate-
rial necessary for the Superintendent to comply with sec-
tion 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 AVAIL-
ABLE 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 infor-
mation 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 
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Director of the Government Publishing Office to 
provide a link to the product through the online re-
pository 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 Su-
perintendent of Documents has access to such serv-
ices, at a cost no greater than the applicable price 
described in section 1722(a)(2), so that the Super-
intendent may make such services available to Fed-
eral Depository Libraries under subchapter D. 
‘‘(c) ONLINE PUBLIC ACCESS DURING TRANSITION 
TO ONLINE REPOSITORY.—If, at any time after the effec-
tive 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 dissemina-
tion product originates shall provide permanent public ac-
cess to the IDP through an electronic communications sys-
tem or network. 
‘‘§ 1725. Cataloging and related services for informa-
tion dissemination products 
‘‘(a) CATALOGING, INDEXING, IDENTIFICATION, LO-
CATION, AVAILABILITY, 
AND
FORMAT
DESIGNATION 
SERVICES.— 
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‘‘(1) 
SERVICES
DESCRIBED.—The 
Super-
intendent of Documents shall— 
‘‘(A) perform cataloging, indexing, identi-
fication, location, availability, and format des-
ignation services with respect to the information 
dissemination products included in the national 
collection under this subchapter; 
‘‘(B) perform cataloging, indexing, identi-
fication, location, availability, and format des-
ignation services with respect to any informa-
tion dissemination products which are included 
in the historical collection under section 
1721(d); and 
‘‘(C) make the resulting cataloging, index-
ing, identification, location, availability, and for-
mat designation information available for no-fee 
public access under the program described in 
subsection (b), and as part of the national col-
lection under this subchapter. 
‘‘(2) ENSURING INCORPORATION OF CURRENT 
METHODOLOGIES
AND
PRACTICES.—The Super-
intendent 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 
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information management methodologies and prac-
tices. 
‘‘(b) CATALOG OF GOVERNMENT PRODUCTS.— 
‘‘(1) ESTABLISHMENT OF CATALOG.—The Su-
perintendent of Documents shall establish and main-
tain a Catalog of Government Products consisting of 
a comprehensive set of metadata, including the dig-
ital object identifier, associated with information dis-
semination products, including existing products 
which are not yet catalogued, and may make the 
records of such Catalog available in other biblio-
graphic utilities that support widely available record 
sharing. 
‘‘(2) NATIONAL
BIBLIOGRAPHIC
RECORDS
IN-
VENTORY.—The Superintendent shall carry out a 
program to bring fugitive documents under biblio-
graphic control and to make records associated with 
such documents available through the Catalog estab-
lished 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 
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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 an-
other entity (including a Federal Depository Library 
under subchapter D) to carry out any of the activi-
ties 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 appro-
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priate 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 prod-
ucts under this subchapter for inclusion in the legislative 
information retrieval system established and operated 
under section 209 of the Legislative Branch Appropria-
tions Act, 1996 (2 U.S.C. 180). 
‘‘§ 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 require-
ments 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. 
‘‘§ 1727. Replacement and removal of products from 
national collection 
‘‘(a) LIMITATION
ON
REPLACEMENT
AND
RE-
MOVAL.—An information dissemination product may not 
be replaced or removed from the national collection under 
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this subchapter except as provided under the policies de-
scribed in subsection (b). 
‘‘(b) POLICIES.— 
‘‘(1) IN
GENERAL.—The Superintendent of 
Documents shall carry out each of the following poli-
cies with respect to the information dissemination 
products, regardless of form or format, which are in-
cluded in the national collection under this sub-
chapter: 
‘‘(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 re-
moval to the public and the Federal Depository 
Libraries; and 
‘‘(B) compliance with relevant law, includ-
ing the need for the preservation of materials 
for archival purposes with the National Ar-
chives and Records Administration. 
‘‘(c) REGULATIONS.—Each of the policies under this 
section shall be carried out in accordance with regulations 
promulgated under this subchapter. 
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‘‘SUBCHAPTER C—ONLINE REPOSITORY 
‘‘§ 1731. Establishment and operation of online repos-
itory for no-fee access to information dis-
semination 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 in-
cluded in the national collection established and main-
tained 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 non-
proprietary 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 preser-
vation for permanent public access of information dissemi-
nation products included in the online repository, includ-
ing through a program providing for the permanent reten-
tion of digital materials. 
‘‘§ 1732. Authentication of products 
‘‘(a) REQUIRING AUTHENTICATION.—To the greatest 
extent practicable, the Director of the Government Pub-
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lishing Office shall ensure that each information dissemi-
nation product made available on the online repository 
under this subchapter is authenticated, identify the prod-
uct’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. 
‘‘§ 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 Docu-
ments shall implement measures to protect the privacy of 
individuals using the online repository under this sub-
chapter, 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 Pri-
vacy 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. 
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‘‘SUBCHAPTER D—FEDERAL DEPOSITORY 
LIBRARY PROGRAM 
‘‘§ 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 sub-
chapter— 
‘‘(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 Deposi-
tory Library under this subchapter access to the na-
tional collection of information dissemination prod-
ucts under subchapter B, including— 
‘‘(A) complete access to cataloging, index-
ing, identification, location, availability, and for-
mat designation services under section 1725; 
‘‘(B) complete access to the online reposi-
tory under subchapter C; and 
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‘‘(C) such information dissemination prod-
ucts as are provided for in this subchapter; and 
‘‘(3) each such Federal Depository Library 
shall provide no-fee access to the collection to mem-
bers of the public. 
‘‘(b) SPECIAL RULE FOR COPIES OF CONGRESSIONAL 
DOCUMENTS.— 
‘‘(1) REPORTS OR OTHER DOCUMENTS OF CON-
GRESS.— 
‘‘(A) IN GENERAL.—Notwithstanding sec-
tion 701 of this title, the Director of the Gov-
ernment Publishing Office shall print and pro-
vide such number of copies of each report or 
other document of Congress as the Super-
intendent of Documents may establish for pur-
poses 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) 
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shall be bound separately and receive the title 
suggested by the subject of the volume. The Di-
rector shall provide that the bound sets of such 
reports or other documents are arranged in vol-
umes and bound in a practical and economical 
manner as established by the Superintendent. 
‘‘(2) 
CONGRESSIONAL
RECORD.—Notwith-
standing section 906 of this title, the Director of the 
Government Publishing Office shall print and pro-
vide such number of copies of the Congressional 
Record as the Superintendent of Documents may es-
tablish for purposes of furnishing the Congressional 
Record for the Federal Depository Library Program 
under this subchapter. 
‘‘§ 1742. Requirements for Federal Depository Librar-
ies 
‘‘(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 chap-
ter— 
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‘‘(A) in electronic format by providing 
internet access to the online repository under 
subchapter C and to cataloging, indexing, iden-
tification, location, availability, and format des-
ignation 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 addi-
tional requirements as the Superintendent may es-
tablish by regulations promulgated under this sub-
chapter. 
‘‘(b) MAINTENANCE AND REMOVAL OF DEPOSITED 
IDPS.—In addition to the requirements described in sub-
section (a), each library designated as a Federal Deposi-
tory Library under this subchapter shall maintain the in-
formation 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 Su-
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perintendent may establish (consistent with the require-
ments 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 es-
tablish the requirements of this section in accordance with 
regulations promulgated under this subchapter. Such reg-
ulations shall encourage participation by a broad and di-
verse group of libraries, and may not establish a limit on 
the number of libraries which may be designated under 
this section. 
‘‘§ 1743. Services available for depository libraries 
‘‘(a) OPTIONAL DIGITAL DEPOSIT.— 
‘‘(1) IN GENERAL.—At the option of the Li-
brary, a Federal Depository Library may receive di-
rectly from the Superintendent of Documents depos-
its in electronic format of information dissemination 
products included in the national collection, unless 
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impracticable, in accordance with regulations pro-
mulgated 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 imple-
mented by the Superintendent of Documents to pro-
tect 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 dis-
semination product deposited with a Federal Depository 
Library is no longer needed for purposes of this sub-
chapter, 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 Su-
perintendent 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 pro-
gram under this subchapter and the content of the 
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materials furnished to the Libraries under the pro-
gram. 
‘‘(2) OPTIONAL USE OF PROGRAM.—The use by 
any Federal Depository Library of the program de-
veloped under paragraph (1) shall be optional for 
the Library. 
‘‘(3) AVAILABILITY
TO
PUBLIC.—Nothing in 
this subsection may be construed to prohibit the Su-
perintendent 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. 
‘‘§ 1744. Selective Depository Libraries 
‘‘(a) SELECTIVE
DEPOSITORY
LIBRARIES
DE-
SCRIBED.—A library which is designated as a Federal De-
pository Library may, at its request, be designated as a 
Selective Depository Library if the Library meets the fol-
lowing requirements: 
‘‘(1) The Library provides access to selected in-
formation dissemination products in tangible form 
as provided by the Superintendent of Documents, 
under regulations promulgated under this sub-
chapter. 
‘‘(2) The Library agrees to maintain its collec-
tion of such IDPs in tangible form for a minimum 
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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 rec-
ommendation to the Superintendent that the Library 
should be designated as a Selective Depository Li-
brary. 
‘‘(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 dis-
tribution 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 Deposi-
tory Library in each congressional district. 
‘‘§ 1745. Regional Depository Libraries 
‘‘(a) 
REGIONAL
DEPOSITORY
LIBRARIES
DE-
SCRIBED.—A library which is designated as a Federal De-
pository Library may, at its request, be designated as a 
Regional Depository Library if the Library meets the fol-
lowing requirements: 
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‘‘(1) The Library agrees to receive its informa-
tion 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 authenti-
cated 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 ac-
cess to the collection of IDPs available within the re-
gion, 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 Li-
braries pursuant to an agreement with such Selec-
tive Depository Library. 
‘‘(4) The Library agrees to provide services 
under this subchapter to Selective Depository Li-
braries under agreements facilitated by the Super-
intendent of Documents, in accordance with regula-
tions promulgated under this subchapter. 
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‘‘(5) A Senator makes a recommendation to the 
Superintendent that the Library should be des-
ignated 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 pres-
ervation 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 prod-
ucts in tangible form is relocated from a Regional Deposi-
tory Library to another Federal Depository Library under 
this subchapter (including relocation resulting from the se-
lective discarding of such products and the acceptance of 
such discarded products by another Federal Depository 
Library), the Director of the Government Publishing Of-
fice 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 
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promulgated under this subchapter. Such regulations 
shall— 
‘‘(A) in establishing criteria for agreements 
between Regional Depository Libraries and Se-
lective Depository Libraries (as described in 
paragraph (4) of subsection (a)), give pref-
erence to any consortia and similar collabo-
rative efforts in effect between such Libraries, 
without regard to geographic restrictions; 
‘‘(B) limit the number of Regional Deposi-
tory 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 regula-
tions under paragraph (1), the Superintendent shall 
consult with Selective Depository Libraries and Re-
gional Depository Libraries. 
‘‘§ 1746. Preservation Depository Libraries 
‘‘(a) PRESERVATION DEPOSITORY LIBRARIES DE-
SCRIBED.—A library which is designated as a Federal De-
pository 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 infor-
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mation 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 De-
pository Libraries under this section, the Superintendent 
may enter in agreements with other entities to assist the 
Superintendent with the preservation of information dis-
semination products in the national collection under sub-
chapter B. 
‘‘(d) REGULATIONS.—The Superintendent shall carry 
out this section in accordance with regulations promul-
gated under this subchapter. Under such regulations, the 
Superintendent shall seek to designate Preservation De-
pository Libraries in a manner which promotes geographic 
diversity. 
‘‘§ 1747. Procedures for designation 
‘‘(a) IN GENERAL.—The Superintendent of Docu-
ments may designate a library as a Federal Depository 
Library under this subchapter if the Library provides the 
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Superintendent (at such time and in such form as the Su-
perintendent may require) such information and assur-
ances as the Superintendent may require to determine 
that the library will meet the applicable requirements of 
this subchapter, in accordance with regulations promul-
gated under this subchapter. 
‘‘(b) TERMINATION OF DESIGNATION.— 
‘‘(1) TERMINATION.—The designation of a li-
brary as a Federal Depository Library, Selective De-
pository Library, Regional Depository Library, or 
Preservation Depository Library under this sub-
chapter may be terminated by the Superintendent 
only— 
‘‘(A) if the Superintendent determines that 
the library does not meet the applicable require-
ments for designation under this subchapter; or 
‘‘(B) at the request of the library. 
‘‘(2) CRITERIA FOR DETERMINATION.—The de-
termination by the Superintendent under subpara-
graph (A) of paragraph (1) shall be made in accord-
ance with regulations promulgated under this sub-
chapter which shall provide for a reasonable oppor-
tunity for remediation. 
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‘‘SUBCHAPTER E—SALES PROGRAM 
‘‘§ 1751. Sales program 
‘‘(a) AUTHORIZATION OF SALES PROGRAM.— 
‘‘(1) IN GENERAL.—The Director of the Gov-
ernment 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 pro-
gram in any form or format (including tangible and 
electronic), except that if the Director makes alter-
ations to the product by reformatting or otherwise 
manipulating the original form or format of the con-
tent of the product to prepare it for sale, the Direc-
tor must disclose such alterations on the product. 
‘‘(3) EXCLUSION
OF
CONFIDENTIAL
MATE-
RIALS.—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 PRODUC-
TION OR PROCUREMENT.—The Director of the Gov-
ernment Publishing Office may produce or procure 
additional copies of IDPs for the use of the sales 
program, so long as such production or procurement 
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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 Direc-
tor 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. 
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‘‘§ 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 prod-
ucts 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 LI-
BRARY PROGRAM.—The Director of the Government Pub-
lishing 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 Doc-
uments for purposes of this chapter at no greater than 
the applicable price described in subsection (a)(2) of sec-
tion 1722. 
‘‘§ 1753. Inventory 
‘‘(a) ANNUAL INVENTORY.—The Director of the Gov-
ernment 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 INVEN-
TORY.—Prior to destroying or remaindering any inventory 
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of IDPs, the Director of the Government Publishing Office 
shall first offer the inventory at no cost to— 
‘‘(1) the Superintendent of Documents for pur-
poses 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 
‘‘§ 1761. By-law distribution program 
‘‘(a) HOUSE OF REPRESENTATIVES AND SENATE.— 
For each fiscal year, the Superintendent shall deliver in-
formation 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 ADMINIS-
TRATION.—For each fiscal year, the Superintendent shall 
deliver information dissemination products to the National 
Archives and Records Administration for use by the Archi-
vist 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.— 
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‘‘(1) UNITED
STATES
LEGATIONS
AND
CON-
SULATES.—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 De-
partment, determines that the dissemination is suit-
able for and required by the legation and consulate. 
‘‘(2) FOREIGN
LEGATIONS.—The Superinten-
dent 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 with-
out cost only if the government of such legation fur-
nishes 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 in-
formation dissemination products in a timely man-
ner, based on a determination made by the Librar-
ian of Congress and transmitted to the Super-
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intendent of the number of sets necessary for the Li-
brary to provide services to Congress and to main-
tain its collections for such fiscal year. 
‘‘(2) CONGRESSIONAL
RESEARCH
SERVICE.— 
For each fiscal year, the Superintendent shall fur-
nish to the Congressional Research Service a num-
ber of full and partial sets of information dissemina-
tion products in a timely manner, based on a deter-
mination made by the Director of the Congressional 
Research Service and transmitted to the Super-
intendent of the number of sets necessary to provide 
services to Congress for such fiscal year. The Direc-
tor 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. 
‘‘§ 1762. International Exchange Service Program 
‘‘(a) DISSEMINATION THROUGH LIBRARIAN OF CON-
GRESS.—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 pro-
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grams for such fiscal year, based on a determination made 
by the Librarian of Congress and transmitted to the Su-
perintendent of the number of sets necessary for such pur-
pose. 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 PRO-
GRAMS DESCRIBED.—In this section, an ‘international ex-
change 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 cop-
ies of Government publications are provided for distribu-
tion 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. 
‘‘§ 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 Super-
intendent’s responsibilities under this chapter. 
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‘‘§ 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 Gov-
ernment Publishing Office may promulgate such reg-
ulations 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 PROCE-
DURES.—The promulgation of regulations by the Di-
rector pursuant to this subsection shall be subject to 
the following laws: 
‘‘(A) Section 553 of title 5 (relating to no-
tice and comment requirements for agency rule 
making). 
‘‘(B) Chapter 7 of title 5 (relating to judi-
cial review of agency actions). 
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‘‘(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 ACCES-
SIBILITY.—The Director shall ensure that any regu-
lation promulgated pursuant to this subsection is re-
tained permanently in the records of the Govern-
ment Publishing Office and is fully accessible to the 
public. 
‘‘§ 1765. Source of funds used to carry out programs 
and activities 
‘‘The costs of carrying out any programs and activi-
ties under this chapter shall be paid solely from a separate 
appropriation made for the activities of the Super-
intendent of Documents (or from gifts and bequests ac-
cepted under section 1763. 
‘‘§ 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 Direc-
tor of the Government Publishing Office shall submit to 
the Joint Committee on Printing a report on the activities 
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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 sec-
tion 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 Pro-
gram under subchapter D. 
‘‘(4) The status of any pending rules or regula-
tions proposed under this chapter. 
‘‘(5) Notifications received by the Super-
intendent of Documents under section 1723(a). 
‘‘(6) Any information dissemination products 
replaced or recalled under section 1727 from the na-
tional 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 Govern-
ment Publishing Office shall post an electronic version of 
the report on the Government Publishing Office’s official 
website for no-fee public access.’’. 
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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 ac-
cordance with sections 1761(d) and 1762 of this 
title’’. 
(3) PREPARATION OF FEDERAL REGISTER AND 
CODE OF FEDERAL REGULATIONS.—The last sen-
tence 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 strik-
ing 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 HOLD-
ING POSITION OF SUPERINTENDENT OF DOCUMENTS.— 
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(1) PERMITTING INDIVIDUAL TO SERVE ON IN-
TERIM
BASIS.—For purposes of title 44, United 
States Code, as amended by this Act, any individual 
who holds the position of Superintendent of Docu-
ments 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 Super-
intendent of Documents under section 1702 of such 
title, as amended by this Act. Nothing in this para-
graph shall be construed to prohibit the Director 
from appointing such an individual as the Super-
intendent 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 Su-
perintendent of Documents pursuant to the author-
ity 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 ef-
fective date of this Act. If the Director of the Gov-
ernment Publishing Office appoints the individual to 
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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 ac-
cordance with such section. 
(b) TRANSITION
FOR EXISTING DEPOSITORY LI-
BRARIES.—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 li-
brary 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 li-
brary 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 
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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 AC-
CESS 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 Li-
braries in providing public access to government in-
formation; 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). 
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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 en-
actment of this Act and each succeeding fiscal year. 
Æ 
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