I 118th CONGRESS 2d Session H. R. 9490 IN THE HOUSE OF REPRESENTATIVES September 6, 2024 Mr. Steil introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Accountability , 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 revise certain authorities of the Government Publishing Office, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the GPO Modernization Act of 2024 . (b) Table of contents The table of contents of this Act is as follows: Section 1. Short title; table of contents. Title I—Sales programs Sec. 101. Sale of Government documents. Title II—Public information programs Sec. 201. Purpose and establishment. Sec. 202. Definitions. Sec. 203. Availability of Government publications. Sec. 204. Selections available to depository libraries. Sec. 205. Distribution to depositories. Sec. 206. Conforming amendment related to libraries of executive departments. Sec. 207. Requirements for depository libraries. Sec. 208. Free use of Government public information in depositories. Sec. 209. Regional depositories. Sec. 210. Cataloging and access. Sec. 211. National Collection of United States Public Information. Sec. 212. Printing or publication of Congressional Directory. Title III—Administrative provisions Sec. 301. Digital publishing services. Sec. 302. Acceptance of gifts. Sec. 303. Simplified acquisitions. Sec. 304. Supplies or services. Sec. 305. Detail of employees. Sec. 306. Appointment of persons to confidential or policymaking positions. Sec. 307. Leave carryover for certain Government Publishing Office positions. I Sales programs 101. Sale of Government documents (a) Authority of superintendent of documents Section 1702 of title 44, United States Code, is amended— (1) in the first undesignated paragraph, by striking The Director and inserting (a) Appointment .—The Director ; (2) in the second undesignated paragraph— (A) by striking When an officer and inserting (b) Receipt and sale.— When an officer ; and (B) by striking who shall receive and sell and inserting who may receive and sell ; and (3) in the third undesignated paragraph, by striking The Superintendent of Documents and inserting (c) reports and distribution.— The Superintendent of Documents . (b) Remove requirement for approval from department in which document originated Section 1707 of such title is amended by striking , subject to the approval of the Secretary or head of the department in which the public document originated . (c) Prices; resale authority Section 1708 of such title is amended to read as follows: 1708. Prices for sales copies of publications; crediting of receipts; resale by dealers; sales agents (a) Prices The price at which additional copies of Government publications are offered for sale to the public by the Superintendent of Documents shall be based on the cost as determined by the Director of the Government Publishing Office plus a premium to cover the costs of sale and delivery. A discount may be allowed as determined by the Superintendent of Documents. (b) Resale authority The Superintendent of Documents may prescribe terms and conditions under which he authorizes the resale of Government publications by book dealers, and he may designate any Government officer his agent for the sale of Government publications under regulations agreed upon by the Superintendent of Documents and the head of the respective department or establishment of the Government. . (d) Authority of superintendent of documents To establish requirements for distribution, sale, and disposal of unneeded documents Section 1720 of such title is amended by striking distribution or sale and inserting distribution, sale, or disposal in accordance with requirements established by the Superintendent of Documents . II Public information programs 201. Purpose and establishment Chapter 19 of title 44, United States Code, is amended by inserting before section 1901 the following new section: 1900. Purpose and establishment of the public information programs of the Superintendent of Documents (a) The purposes of this chapter are the following: (1) To ensure the public’s right to free, equitable, and convenient access to Government public information. (2) To establish the Public Information Programs of the Superintendent of Documents in the Government Publishing Office, that together, function to identify, acquire, catalog, preserve, authenticate, disseminate, reformat, and provide no-fee permanent public access to the corpus of Government public information for future generations, including the following programs and activities: (A) The Federal Depository Library Program. (B) The Cataloging and Access Services Program. (C) Online System of Access. (D) The National Collection of U.S. Government Public Information. (E) Preservation Program. (F) Sales to the Public. (b) The Superintendent of Documents shall engage in activities that enhance awareness and access to Government public information or provide services that support libraries in their efforts to serve their communities. . 202. Definitions Section 1901 of such title is amended to read as follows: 1901. Definitions In this chapter— (1) the term access services means those functions or services which enable or enhance discovery, awareness, and use of Government public information in the National Collection of U.S. Government Public Information, and Federal documents collections held by Federal depository libraries; (2) the term Government public information means Federal Government publications or information resources, regardless of physical form or medium, compiled by Government employees, or at Government expense, or as required by law, and disseminated to the public by an agency or a contractor thereof or of educational value, including such publications or information resources which have been declassified; (3) the term Government publication means informational matter which is published as an individual document at Government expense, or as required by law; (4) 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; (5) the term information lifecycle management means the process of planning, budgeting, administering, processing, and controlling information, whether in the form of a tangible or digital information asset, throughout the stages of the asset, including the asset’s— (A) creation, identification, and acquisition; (B) organization, bibliographic control, and metadata; (C) preservation, digitization, and reformatting; (D) authentication, access, and dissemination; (E) promotion; (F) storage; and (G) management through a trusted digital repository; (6) the term permanent public access means making Government public information resources discoverable and available to, and accessible by, the public on an indefinite, continuing basis, without charge; (7) the term preservation means strategic initiatives, programs, and processes designed to maintain useful access to information assets, serving the information needs of both present and future generations; and (8) the term unreported public information means Government public information which is not cataloged or otherwise identifiable or retrievable by an end user of the catalog described in section 1917. . 203. Availability of Government publications Section 1902 of such title is amended to read as follows: 1902. Availability of Government publications through Superintendent of Documents; notification of publications not ordered from Government Publishing Office (a) Availability The Superintendent of Documents shall make Government public information available to depository libraries through the Superintendent of Documents Public Information Programs. (b) Requirements Each component of the Government shall— (1) notify the Superintendent of Documents of tangible Government public information content it has issued that is not also available digitally; (2) notify the Superintendent of Documents of digital Government public information content it has issued; (3) collaborate with the Superintendent of Documents to ensure any such digital Government public information remains permanently accessible; and (4) furnish to the Superintendent of Documents any tangible Government public information it has issued that was obtained from sources other than the Government Publishing Office, unless other arrangements have been made with the Superintendent of Documents to ensure the information is accessible to depository libraries. (c) Exceptions The requirements of subsection (b) do not apply to Government public information that is confidential in character or classified for reasons of national security. . 204. Selections available to depository libraries Section 1904 of such title is amended to read as follows: 1904. Selections available to depository libraries The Superintendent of Documents shall notify depository libraries of those Government public information products, regardless of format, that are available for selection for inclusion in their depository collections. . 205. Distribution to depositories Section 1905 of title 44, United States Code, is amended to read as follows: 1905. Distribution to depositories; designation of additional libraries; justification; authorization for certain designations (a) Government public information available from the Superintendent of Documents, and when requested from the Superintendent of Documents, shall be distributed or made accessible to depository libraries specifically designated by law and to libraries designated pursuant to this section. (b) Libraries within areas served by Members of the House, Delegates, or the Resident Commissioner from the Commonwealth of Puerto Rico may be designated by them to receive Government public information to the extent that the total number of libraries designated by them does not exceed two within each area. (c) Not more than two additional libraries within a State may be designated by each Senator from the State. (d) The Mayor of the District of Columbia may designate two depository libraries in the District of Columbia. (e) The Governor of the Commonwealth of Puerto Rico, the Governor of Guam, the Governor of American Samoa, and the Governor of the Commonwealth of the Northern Mariana Islands may each designate one depository library in the Commonwealth of Puerto Rico, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, respectively. The Governor of the United States Virgin Islands may designate one depository library on the island of Saint Thomas and one on the island of Saint Croix. (f) The Superintendent of Documents may designate libraries to be digital-only depository libraries for Government public information if they are located in an area with no congressional vacancies and they are not eligible to be designated under existing by-law library provisions of this section. Digital-only depository libraries must be freely accessible to and provide services for the general public and otherwise meet the requirements of this title. (g) Before a library is designated as a depository for Government public information, the Superintendent of Documents shall assess the potential depository library to determine its sustainability for housing a depository collection and for providing access services, including providing access to digital content. The head of that library shall furnish justification of the necessity for the additional designation to the library’s Senator, Member of the House, Delegate, Resident Commissioner from the Commonwealth of Puerto Rico, or the Mayor of the District of Columbia or Governor, as the case may be. The justification shall also include the assessment of the Superintendent of Documents. The justification for depository library designations shall be transmitted to the Superintendent of Documents by the Senator, Member of the House, Delegate, the Resident Commissioner from the Commonwealth of Puerto Rico, or the Mayor of the District of Columbia or Governor, as the case may be. . 206. Conforming amendment related to libraries of executive departments Section 1907 of title 44, United States Code, is amended— (1) in the first sentence, by striking Government publications and inserting Government public information ; and (2) in the last sentence, by striking Library of Congress and the Archivist of the United States and inserting Superintendent of Documents . 207. Requirements for depository libraries Section 1909 of title 44, United States Code, is amended to read as follows: 1909. Requirements of depository libraries; reports on conditions; consultations and training; termination; replacement (a) Only a library able to provide access to, custody of, and services for deposited materials or access to and services for online digital content and located in an area where it can best serve the public need may be designated as a depository library. The designated depository libraries shall report to the Superintendent of Documents at least every two years concerning their condition. (b) The Superintendent of Documents shall regularly assess conditions in depository libraries. The Superintendent of Documents shall provide needed training and support by making visits to depository libraries or by other means and include the results of consultations in the Superintendent of Documents’ annual report. When the Superintendent of Documents ascertains that the designated depository has ceased to be maintained so as to be accessible to the public, or that the Government publications which have been furnished the library have not been properly maintained, the Superintendent of Documents shall remove the library from the directory of depository libraries if the library fails to correct the unsatisfactory conditions within an agreed upon time frame. A library may be designated, pursuant to section 1905 of this chapter, to replace a library deleted by the Superintendent of Documents, provided that the designation may not be in excess of the number of depository libraries authorized by law. . 208. Free use of Government public information in depositories Section 1911 of title 44, United States Code, is amended to read as follows: 1911. Free use of Government public information in depositories; disposal of unwanted Government public information (a) Free use of the general public Depository libraries shall make Government public information available for the free use of the general public. (b) Digital information substitutes Depository libraries may substitute digital information for tangible publications in accordance with Superintendent of Documents policy and guidance. Depository libraries may dispose of tangible publications which are Government property after retention for five years under section 1912 of this title, if the depository library is served by a regional depository library. (c) Disposal A depository library not served by a regional depository library, or that is a regional depository library, may dispose of unwanted Government public information, superseded publications, or those issued later in bound form in accordance with Superintendent of Documents policy and guidance. . 209. Regional depositories Section 1912 of title 44, United States Code, is amended to read as follows: 1912. Regional depositories; designation; functions; shared responsibilities, disposal of publications (a) Not more than two depository libraries in each State and the Commonwealth of Puerto Rico may be designated as regional depositories and shall receive from the Superintendent of Documents copies of or access to all new and revised Government publications authorized for dissemination to depository libraries. Designation of regional depository libraries may be made by a Senator or the Resident Commissioner from Puerto Rico within the areas served by them. Prior to the designation the Superintendent of Documents shall consult with the head of the potential regional depository library and ascertain that the library will fulfill the requirements for depository libraries. The agreement to function as a regional depository library shall be transmitted to the Superintendent of Documents by the Senator or the Resident Commissioner from Puerto Rico when the designation is made. (b) Regional depository libraries shall retain at least one copy of all Government publications received, except those authorized to be discarded by the Superintendent of Documents policy and guidance or covered by collaborative agreements approved by the Superintendent of Documents, or make accessible digital versions (in accordance with Superintendent of Documents policy) and, within the area served, will provide leadership and coordination for the provision of program-related activities for depository libraries. (c) Regional depository libraries from different States may share responsibilities by entering into agreements in accordance with Superintendent of Documents guidance and upon approval of a Senator from each of the States. (d) The Superintendent of Documents shall establish not fewer than four multistate collection service areas to support collaborative collection and service coordination among depository libraries within such area. (e) Publications distributed by the Superintendent of Documents to depository libraries are holdings of the National Collection of U.S. Government Public Information and remain the property of the United States Government. Libraries designated as regional depositories will coordinate with the Superintendent of Documents on the disposition of Government Publications from depository libraries, within the areas served by them, which the depository library has retained for five years or when the depository library is relinquishing its depository designation. The Superintendent of Documents shall manage the National Collection of U.S. Government Public Information to maximize the access to, use of, and preservation of Government information in the depository library program. . 210. Cataloging and access (a) In general Chapter 19 of title 44, United States Code, is amended by adding at the end the following new section: 1917. Cataloging and access services (a) Cataloging described The Superintendent of Documents shall provide descriptive cataloging records for the corpus of Government public information. The cataloging records shall be created using library or information industry standards and best practices and shall include metadata elements in accordance with Superintendent of Documents policy. (b) Access and awareness services The Superintendent of Documents shall engage in activities that enhance access to and awareness of Government public information or provide services that support libraries or library support organizations in their efforts to serve their communities’ Government information needs. (c) Specific access services (1) The Superintendent of Documents shall maintain an online comprehensive catalog of historical and current, tangible and digital Government public information cataloged under subsection (a), and such catalog shall show where the Government public information may be obtained or accessed. The catalog shall be machine- or device-independent and available for free use by the public. (2) The Superintendent of Documents shall carry out a program to bring unreported Government public information under bibliographic control and to make records associated with such information available through the catalog established by this section and such other methods as may be appropriate. (3) The Superintendent of Documents may make the records of such catalog available to Federal depository libraries, bibliographic utilities that support widely available record sharing, or other entities that make available Government public information. (4) The Superintendent of Documents may accept records for inclusion in such catalog from libraries and agencies of the Federal Government, Federal depository libraries, bibliographic utilities that support widely available record sharing, or other entities that make available Government public information. (5) The Superintendent of Documents may acquire digital Government public information for inclusion in the Cataloging and Access Services Program, Federal Depository Library Program, and GPO’s System of Online Access through automated and manual harvesting of public websites. Such content will be cataloged, made accessible through the catalog established under this subsection, and preserved. . (b) Conforming amendments Chapter 17 of such title is amended by repealing sections 1710 and 1711. 211. National Collection of United States Public Information (a) In general Chapter 19 of title 44, United States Code, is amended by adding at the end the following new section: 1918. National Collection of United States Public Information (a) Establishment and purpose (1) Establishment There is hereby established a National Collection of United States Government Public Information (referred to in this chapter as the National Collection ). (2) Purpose The Federal Government’s publications and information are national assets and resources. Their availability and accessibility ensures an informed citizenry and an improved quality of life for them while spurring innovation. The National Collection is established to ensure the public’s right to free, equitable, and convenient access to Government public information. (b) Scope of the national collection The content included in the National Collection is the corpus of Government public information. (c) Responsibilities of the superintendent of documents The Superintendent of Documents shall administer the National Collection and shall— (1) guarantee free permanent public access to the geographically distributed National Collection; (2) apply information lifecycle management best practices to the National Collection; (3) acquire and bring under bibliographic control public Government information products, regardless of format, in scope of the National Collection; (4) ensure a minimum of four tangible copies of distributed publications exist in the depository library program distributed geographically in four National Collection service areas; and (5) collaborate with stakeholders, including the Library of Congress, libraries of the United States, Federal agencies, Congress, the Judiciary, and Federal Depository Library Program member libraries in as much as is practicable, to ensure preservation, comprehensiveness, and accessibility of the National Collection. (d) Responsibilities of the director of the government publishing office The Director of the Government Publishing Office, acting through the Superintendent of Documents, shall— (1) operate a digital repository system that functions as the Government Publishing Office’s online system of access through which members of the public may obtain, at no charge, information that is included in the National Collection; (2) develop and enhance such system as needed; (3) digitize, authenticate, manage, preserve, and provide a permanent means of accessing information; (4) provide access to information in an open format to the extent practicable; (5) provide funding for system development, operational support, and infrastructure; and (6) have the ability to provide services to Federal agencies for the purpose of carrying out this title. . (b) Conforming amendment Chapter 41 of title 44, United States Code, is hereby repealed. 212. Printing or publication of Congressional Directory Section 721 of title 44, United States Code, is amended to read as follows: 721. Congressional Directory There shall be prepared under the direction of the Joint Committee on Printing (1) a Congressional Directory, which shall be printed or published and such printed or published Congressional Directory shall be distributed as early as practicable during the first session of each Congress and (2) a supplement to each Congressional Directory, which shall be printed or published and such printed or published supplement shall be distributed as early as practicable during the second regular session of each Congress. The Joint Committee shall control the number and distribution of the Congressional Directory and each supplement. . III Administrative provisions 301. Digital publishing services Section 502 of title 44, United States Code, is amended— (1) in the section heading, by inserting , publishing after binding ; and (2) in the text, by inserting , publishing after binding . 302. Acceptance of gifts (a) Authorizing acceptance of gifts Section 318(a) of title 44, United States Code, is amended— (1) by striking and at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) in accordance with subsection (c), accept, hold, administer, and utilize gifts and bequests of property for the purpose of aiding or facilitating the work of the Government Publishing Office. . (b) Authority described Section 318 of such title is amended by adding at the end the following new subsection: (c) (1) Gifts and bequests of money and the proceeds from sales of other property received as gifts or bequests shall be deposited in the Revolving Fund established under section 309 of this title and shall be used solely for governmental purposes. (2) Property accepted pursuant to this provision, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gift or bequest. (3) For purposes of Federal income, estate, or gift taxes, property accepted under this section shall be considered as a gift, devise, or bequest to the United States. . (c) Technical amendment The heading of section 318 of such title is amended by adding ; gift acceptance at the end. 303. Simplified acquisitions Section 311 of title 44, United States Code, is amended— (1) in the section heading, by striking small purchase and inserting simplified acquisition ; (2) by amending subsection (b) to read as follows: (b) In addition to the authority to negotiate otherwise provided by law, the Director of the Government Publishing Office may negotiate purchases and contracts for supplies or services for which the Director of the Government Publishing Office determines that it is impracticable to secure competition by advertising. The Director of the Government Publishing Office may designate one or more employees of the Government Publishing Office to carry out this subsection. ; and (3) in subsection (c), by striking $100,000 and inserting $250,000 . 304. Supplies or services Section 314 of title 44, United States Code, is amended— (1) in the section heading, by striking Inks, glues, and other supplies and inserting Supplies or services ; (2) by striking Inks, glues, and other supplies manufactured and inserting Supplies manufactured or services performed ; and (3) by inserting publishing after in connection with its . 305. Detail of employees Section 316 of title 44, United States Code, is amended by striking and binding inserting , binding, and publishing . 306. Appointment of persons to confidential or policymaking positions Section 305 of title 44, United States Code, is amended— (1) by striking the third sentence; and (2) by adding at the end the following: (c) The Director of the Government Publishing Office may appoint without competitive procedures and fix the compensation of not more than four qualified individuals to serve in confidential or policymaking roles at a rate not to exceed an amount equal to the maximum rate of basic pay for the Senior Executive Service under subchapter VIII of chapter 53 of title 5, United States Code, for the locality involved. Persons appointed under this subsection serve at the pleasure of the Director. . 307. Leave carryover for certain Government Publishing Office positions Section 6304(f)(1) of title 5, United States Code, is amended— (1) in subparagraph (G), by striking or ; (2) in the first subparagraph (H), by striking the period and inserting a semicolon; (3) in the second subparagraph (H)— (A) by redesignating such subparagraph as subparagraph (I); and (B) by striking the period at the end and inserting ; or ; and (4) by adding at the end the following: (J) a position in the Government Publishing Office senior level service. .