Nonlawyer’s Journey through Title 44: Collected Postings
In May 2006, Daniel Cornwall started an irregular series examining Title 44 of the United States Code from a documents librarian, nonlawyer's perspective. Title 44 is called PUBLIC PRINTING AND DOCUMENTS and contains numerous provisions. This series focuses on three aspects of the law - the Federal Depository Library Program (Chapter 19), the Sales Program (Chapter 17), and Access to Federal Electronic Government Information (Chapter 41). Comments on any sections of highlighted provisions, especially from attorneys or those with greater experience with interpreting Title 44 than Daniel are welcome either here or in the listed blog entries. Private comments can be sent to dnlcornwal AT alaska dot net. Series postings for Nonlawyer's Journal through Title 44
Update October 2007: Daniel has decided to end the series with the last part published back in 2006.
- Depository Library Program (Parts 1 - 10)
- Part 1 - Introduction
- Part 2 - Availability of Government publications
- Part 3 - Distribution, Costs of Printing and Binding
- Part 4 - Classified list of Government publications for selection by depositories
- Part 5 - Distribution to depositories
- Part 6 - Requirements of depository libraries
- Part 7 - Free use of Government publications in depositories
- Part 8 - Regional depositories
- Part 9 - Appropriations Restrictions
- Part 10 - Implementation of depository library program by Public Printer
- Sales Program (Parts 11 - 20)
- Part 11 - Introducing the Sales Program.
- Part 12 - Superintendent of Documents; sale of documents
- Part 13 - Printing and sale of extra copies of documents
- Part 14 - Reprinting of documents required for sale
- Part 15 - Prices for sales copies of publications
- Part 16 - Blank forms
- Part 17 - Index of documents: number and distribution
- Part 18 - Catalog of Government publications
- Part 19 - Use of Documents by Public Printer
- Part 20 - Documents for the White House
Last updated October 22, 2007
Continue readingPt. 5: Nonlawyer’s journey through Title 44: Distribution to depositories
This post and all earlier postings in this series may now be found at http://freegovinfo.info/title44 or through our library under Nonlawyer's Journey through Title 44. As I proceed through selected parts of Title 44, I want to keep reminding our audience that I am not a lawyer and that I welcome comments from all, especially those with more experience in interpreting Title 44 than I do. Sec. 1905 of US Code Title 44 carries the title Distribution to depositories; designation of additional libraries; justification; authorization for certain designations. While I will reproduce the whole section below, I will only comment on the portion in bold:
TITLE 44--PUBLIC PRINTING AND DOCUMENTS CHAPTER 19--DEPOSITORY LIBRARY PROGRAM Sec. 1905. Distribution to depositories; designation of additional libraries; justification; authorization for certain designations The Government publications selected from lists prepared by the Superintendent of Documents, and when requested from him, shall be distributed to depository libraries specifically designated by law and to libraries designated by Senators, Representatives, and the Resident Commissioner from Puerto Rico, by the Commissioner of the District of Columbia,\1\ and by the Governors of Guam, American Samoa, and the Virgin Islands, respectively. Additional libraries within areas served by Representatives or the Resident Commissioner from Puerto Rico may be designated by them to receive Government publications to the extent that the total number of libraries designated by them does not exceed two within each area. Not more than two additional libraries within a State may be designated by each Senator from the State. Before an additional library within a State, congressional district or the Commonwealth of Puerto Rico is designated as a depository for Government publications, the head of that library shall furnish his Senator, Representative, or the Resident Commissioner from Puerto Rico, as the case may be, with justification of the necessity for the additional designation. The justification, which shall also include a certification as to the need for the additional depository library designation, shall be signed by the head of every existing depository library within the congressional district or the Commonwealth of Puerto Rico or by the head of the library authority of the State or the Commonwealth of Puerto Rico, within which the additional depository library is to be located. The justification for additional depository library designations shall be transmitted to the Superintendent of Documents by the Senator, Representative, or the Resident Commissioner from Puerto Rico, as the case may be. The Commissioner of the District of Columbia may designate two depository libraries in the District of Columbia, the Governor of Guam and the Governor of American Samoa may each designate one depository library in Guam and American Samoa, respectively, and the Governor of the Virgin Islands may designate one depository library on the island of Saint Thomas and one on the island of Saint Croix. --------------------------------------------------------------------------- \1\ See Transfer of Functions note below. --------------------------------------------------------------------------- (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1284.) Historical and Revision Notes Based on 44 U.S. Code, 1964 ed., Sec. 82 (R.S. Sec. 501; Mar. 1, 1907, ch. 2284, Sec. 4, 34 Stat. 1014; Aug. 9, 1962, Pub. L. 87-579, Sec. 2, 76 Stat. 353). Transfer of Functions Office of Commissioner of District of Columbia, as established under Reorg. Plan No. 3 of 1967, eff. Nov. 3, 1967 (in part), 32 F.R. 11669, 81 Stat. 948, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198. Northern Marianas College as Depository Pub. L. 101-219, title II, Sec. 202, Dec. 12, 1989, 103 Stat. 1874, provided that: ``The Northern Marianas College is hereby constituted a depository to receive Government publications, and the Superintendent of Documents shall supply to the Northern Marianas College one copy of each such publication in the same form as supplied to other designated depositories.'' District of Columbia Public Library as Depository Act Sept. 28, 1943, ch. 243, 57 Stat. 568, provided: ``That the Public Library of the District of Columbia is hereby constituted a designated depository of governmental publications, and the Superintendent of Documents shall supply to such library one copy of each such publication, in the same form as supplied to other designated depositories.'' Section Referred to in Other Sections This section is referred to in section 1910 of this title; title 17 section 707.Section 1905 is very clear. Publications selected from the Superintendent of Documents are to be distributed to depository libraries. It does not say only those items printed by the Superindent of Documents will be distributed. Again, this is a pre-Internet law, but if Congress wanted to relieve the Governmenting Printing Office (GPO) of its obligation to distribute government publications, it would have amended this section of the law to substitute access. Since that has not happened, GPO still has a obligation to distribute publications regardless of format and by now should have had a plan in place for local, distributed digital collections of government documents. With a distribution plan in place, libraries could make the necessary adjustments to receive digital materials, just as we did for tangible materials. For the next step in our journey we are going to vault over some sections of the Depository Library Program Law regulating the designation of depository libraries, proceed to Sec. 1909. Requirements of depository libraries; reports on conditions; investigations; termination; replacement. It is important to not that Title 44 does not impose obligations on GPO alone, but also places obligations on libraries to serve the public responsibly. Continue reading
Pt. 4: Nonlawyer’s journey through Title 44: Classified list of Government publications for selection by depositories.
As I proceed through selected parts of Title 44, I want to keep reminding our audience that I am not a lawyer and that I welcome comments from all, especially those with more experience in interpreting Title 44 than I do. Continuing our examination of the legislation behind the Federal Depository Library Program, we come to sec 1904, which is prompts the Government Printing Office (GPO) to issue its List of Classes and provide us with annual item selection updates (emphasis mine):
TITLE 44--PUBLIC PRINTING AND DOCUMENTS CHAPTER 19--DEPOSITORY LIBRARY PROGRAM Sec. 1904. Classified list of Government publications for selection by depositories The Superintendent of Documents shall currently issue a classified list of Government publications in suitable form, containing annotations of contents and listed by item identification numbers to facilitate the selection of only those publications needed by depository libraries. The selected publications shall be distributed to depository libraries in accordance with regulations of the Superintendent of Documents, as long as they fulfill the conditions provided by law. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1284.) Historical and Revision Notes Based on 44 U.S. Code, 1964, ed. Sec. 83 (R.S. Sec. 502; Jan. 12, 1895, ch. 23, Secs. 53, 61, 28 Stat. 608, 610; Aug. 9, 1962, Pub. L. 87-579, Sec. 3, 76 Stat. 353).In my admittedly layman's view of the law, I think this is one of this sections that depository librarians and concern citizens can use to insist on a plan for digital deposit of electronic government publications to local library servers. Notice that the law does not specify a format, but does specify that selected publications shall be distributed to depository libraries. As it is written, it does not say it is ok for publications simply to be available to libraries and other parties. Obviously, the framers of this law did not know about the Internet. But if Congress wanted any other mechanism than distribution of publications in whatever format, they could have amended this portion of the law. Next time we will examine 44 USC 1905, Distribution to depositories; designation of additional libraries; justification; authorization for certain designations. and see another example of where distribution, not mere access, is mandated. Until then, be well! Continue reading
Pt. 3: Non-Lawyer’s Journey through Title 44: Distribution, Costs of Printing and Binding
As I proceed through selected parts of Title 44, I want to keep reminding our audience that I am not a lawyer and that I welcome comments from all, especially those with more experience in interpreting Title 44 than I do. Before I start today's entry, I'd like to thank Duane for his comment. I'm still thinking about your e-government question, but I'm glad this series is helping at least some depository librarians become better acquainted with our foundational law. Today we explore 44 USC 1903, a part of the depository program law that explains where the printed publications for the program come from:
TITLE 44--PUBLIC PRINTING AND DOCUMENTS CHAPTER 19--DEPOSITORY LIBRARY PROGRAM Sec. 1903. Distribution of publications to depositories; notice to Government components; cost of printing and binding Upon request of the Superintendent of Documents, components of the Government ordering the printing of publications shall either increase or decrease the number of copies of publications furnished for distribution to designated depository libraries and State libraries so that the number of copies delivered to the Superintendent of Documents is equal to the number of libraries on the list. The number thus delivered may not be restricted by any statutory limitation in force on August 9, 1962. Copies of publications furnished the Superintendent of Documents for distribution to designated depository libraries shall include-- the journals of the Senate and House of Representatives; all publications, not confidential in character, printed upon the requisition of a congressional committee; Senate and House public bills and resolutions; and reports on private bills, concurrent or simple resolutions; but not so-called cooperative publications which must necessarily be sold in order to be self-sustaining. The Superintendent of Documents shall currently inform the components of the Government ordering printing of publications as to the number of copies of their publications required for distribution to depository libraries. The cost of printing and binding those publications distributed to depository libraries obtained elsewhere than from the Government Printing Office, shall be borne by components of the Government responsible for their issuance; those requisitioned from the Government Printing Office shall be charged to appropriations provided the Superintendent of Documents for that purpose. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1283.) Historical and Revision Notes Based on 44 U.S. Code, 1964 ed., Sec. 85 (part) (Mar. 1, 1907, ch. 2284, Sec. 4, 34 Stat. 1014; June 25, 1938, ch. 708, 52 Stat. 1206; Aug. 9, 1962, Pub. L. 87-579, Sec. 5, 76 Stat. 354). The last paragraph of former section 85 will be found in section 1906 of the revision. Section Referred to in Other Sections This section is referred to in title 28 section 594. [Daniel's note - requires Independent Counsels to put reports into Federal Depository Library Program.]Since this section refers explicitly to tangible publications, our friends who believe in the all-electronic present can be forgiven for thinking that this section of the depository law is on the ash heap of history. NOT! According to the GPO Update given at the Spring 2006 Meeting of the Depository Library Council, "During the first five months of FY 2006 (October 2005-February 2006) GPO distributed a total of 2,779,778 tangible copies of 4,340 titles (this includes print, microfiche, CD’s, DVD’s and maps)." Projecting for a full year, this suggests at least five million tangible copies will be distributed to the nation's Federal Depository Libraries. There are three main points I'd like to emphasize about this portion of the law. First, this represents one of few tools that helps GPO get the cooperation of federal agencies. You'll notice that if agencies put their requests through GPO, they do not have to pay the cost of printing the depository copies. If production is procured outside GPO, then the agency pays. So, if they do make tangible copies, it is in their financial interest to work with GPO. I think this was a wise move on the part of Congress. The easier it is for agencies to comply, the more likely it is they will. Second, until such time that Title 44 is amended, GPO has no choice about printing or otherwise producing tangible copies of Congressional publications like the Congressional Record and committee reports. Third, this is the portion of the law that lets the government get away with NOT depositing certain publications that are produced in part by government agencies. This is the set of publications known as "cooperative publications" and includes titles like World Trade Atlas U.S. State Export Edition and Commercial News USA. Legislation has been proposed in the past to eliminate this exemption, but to no effect thus far. To my mind, this exemption is a carrot for privatization. That's all I can think of on this portion of the law. As always comments from lawyers, true Title 44 experts, or anyone else are welcome. Next time we will focus on Sec. 1904. Classified list of Government publications for selection by depositories. Thanks for reading. Continue reading
Pt. 2: Non-Lawyer’s Journey through Title 44: Availability of Government publications
As I proceed through selected parts of Title 44, I want to keep reminding our audience that I am not a lawyer and that I welcome comments from all, especially those with more experience in interpreting Title 44 than I do. Last time I covered the part of Title 44 that defined a government publication. This time we continue our examination of the law behind the Federal Library Depository Program by examining the Availability of Government publications through Superintendent of Documents contained in 44 USC 1902:
TITLE 44--PUBLIC PRINTING AND DOCUMENTS CHAPTER 19--DEPOSITORY LIBRARY PROGRAM Sec. 1902. Availability of Government publications through Superintendent of Documents; lists of publications not ordered from Government Printing Office Government publications, except those determined by their issuing components to be required for official use only or for strictly administrative or operational purposes which have no public interest or educational value and publications classified for reasons of national security, shall be made available to depository libraries through the facilities of the Superintendent of Documents for public information. Each component of the Government shall furnish the Superintendent of Documents a list of such publications it issued during the previous month, that were obtained from sources other than the Government Printing Office. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1283.) Historical and Revision Notes Based on 44 U.S. Code, 1964 ed., Sec. 81b (Pub. L. 87-579, Sec. 1, Aug. 9, 1962, 76 Stat. 352).This part of the law shows the ideal for government information as designed by Congress - that everything except classified or purely internal documents would be available to the nation's federal depository libraries. And even internal documents should be provided to the public via depository libraries if they had some interest or educational value. The default position of the law as written is that all documents should be released to the public in findable places. According to the law, these places are depository libraries. In recognition that even in a perfect world, not all publications are sourced through the Government Printing Office (GPO), agencies have a statutory requirement to provide GPO with a monthly list of publications. Based on my personal observations, nearly all states with a state depository program have a similar requirement for state agencies. In practice, that requirement is routinely ignored on both the state and federal levels. It's done partly out of ignorance, partly because of workload and perhaps a small fraction because agencies don't want their documents known to the general public. One benefit of living in a web-based world is that agencies can be "helped" in complying with the "listing of publications" portion of the law through web crawling. That's what we do in Alaska. Every month we check all publicly accessible agency servers known to us. We download all new files and in the process generate a list of newly added materials. I believe that GPO is already experimenting with this technology for a few agencies. The downside of doing it this way is that not every file is a document, and some documents consist of multiple files. Perhaps what we need is an enforcement mechanism for those monthly lists. Or smarter software. The next stop on our journey, which may take me a few days, will be to examine section 1903 - Distribution of publications to depositories; notice to Government components; cost of printing and binding. As I said at the top of this entry, I hope that some readers of this site with longer experiences of Title 44 will chime in with their thoughts and analysis. Or that people who are meeting Title 44 for the first time will have some questions. In either case, please either use the comments below, or e-mail me at dnlcornwal AT alaska.net with your comment and permission to post to the FGI site. Continue reading
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