Tag Archives: title44

This post, all earlier postings in this series, and my "not a lawyer" disclaimer can be found at http://freegovinfo.info/title44 or through our library under Nonlawyer's Journey through Title 44. In my last Title 44 installment, I covered 44 USC 1909. Today I cover 44 USC 1911, Free use of Government publications in depositories. Why not Section 1910? Because 1910 deals with the replacement of depository libraries and so does not seem to be a central part of the Depository Library Program. 44 USC 1911 states:

TITLE 44--PUBLIC PRINTING AND DOCUMENTS CHAPTER 19--DEPOSITORY LIBRARY PROGRAM Sec. 1911. Free use of Government publications in depositories; disposal of unwanted publications Depository libraries shall make Government publications available for the free use of the general public, and may dispose of them after retention for five years under section 1912 of this title, if the depository library is served by a regional depository library. Depository libraries not served by a regional depository library, or that are regional depository libraries themselves, shall retain Government publications permanently in either printed form or in microfacsimile form, except superseded publications or those issued later in bound form which may be discarded as authorized by the Superintendent of Documents. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1286.) Historical and Revision Notes Based on 44 U.S. Code, 1964 ed., Sec. 92 (part) (Jan. 12, 1895, ch. 23, Sec. 74, 28 Stat. 620; June 20, 1936, ch. 630, title VII, Sec. 11, 49 Stat. 1552; Aug. 9, 1962, Pub. L. 87-579, Sec. 8, 76 Stat. 355).The first sentence of section 92, is classified to section 1119; the remainder comprises this section of the revision. Section Referred to in Other Sections This section is referred to in section 1915 of this title.

Section 1911 is another section that places responsibilities on libraries. In this case, libraries are required to allow free use of government publications and to retain all but superseded publications for at least five years. Certain depositories called regionals must keep all but superseded publications permanently. Regional libraries are covered in detail by 44 USC 1912, so I'll save a full discussion of the vital regional libraries until then. Traditionally, "free use" of government publications has meant the free browsing and borrowing of materials held by depository libraries. There is no requirement in either Title 44 or in Depository Library Program regulations for free photocopying. Photocopying follows the general guidelines of whatever a library allows for its general collection. If you can make ten free photocopies of a library book or magazine, then those same guidelines apply for government documents. If you charge $0.50/page for all library materials, then the Government Printing Office has no problem with you charging $0.50/page for photocopies of government documents. I believe that the principle of free use might be endangered in a mostly electronic program because it forces more users into printing pages off the Internet. While they can technically read material from a screen, most people prefer reading more than a page or two from paper. Patrons can be charged the same rate for printing from government documents as they can for other web pages. Additionally, many libraries place limits on Internet time, which is acceptable depository practice. Many libraries offer a 30 minute time limit, which would make it hard to read more than the executive summary of many reports. By contrast, in the tangible world, someone could either borrow the report and read it at their leisure, or at least take as much time as they needed in the depository's reading area. Leaving free use, let us consider the five year disposal period. The feds can require libraries to keep depository materials for five years because the items remain federal property even though the depository library has custody. Over the years, there have been efforts to change this retention period, but since it is written into statute, it has proved difficult to change. With the arrival of a mostly electronic program, disposal of documents may take on new meanings, whether the future is one of linking to federal servers or one of building local digital collections. Anyone want to guess how that might change? Next time we will look at the section of the law that governs Regional Depository Libraries and sing their praises. Continue reading →

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This post, all earlier postings in this series, and my "not a lawyer" disclaimer can be found at http://freegovinfo.info/title44 or through our library under Nonlawyer's Journey through Title 44. In my last Title 44 installment, I covered 44 USC 1905. Today I vault over several sections relating to types of depository libraries to land on 44 USC 1909, Sec. 1909. Requirements of depository libraries; reports on conditions; investigations; termination; replacement. I don't believe the sections I skipped are central to the Depository Library Program, but if you disagree, explain why in the comments or by e-mail to dnlcornwall AT alaska.net. Back to section 1909. This is the section of the depository law that lays out the basic expectations of depository libraries. This is the minimum that members of the public should expect from depository libraries. If these expectations aren't met, then there are ways to kick libraries out of the program. See more analysis after reading through 44 USC 1909:

ITLE 44--PUBLIC PRINTING AND DOCUMENTS CHAPTER 19--DEPOSITORY LIBRARY PROGRAM Sec. 1909. Requirements of depository libraries; reports on conditions; investigations; termination; replacement Only a library able to provide custody and service for depository materials and located in an area where it can best serve the public need, and within an area not already adequately served by existing depository libraries may be designated by Senators, Representatives, the Resident Commissioner from Puerto Rico, the Commissioner of the District of Columbia,\1\ or the Governors of Guam, American Samoa, or the Virgin Islands as a depository of Government publications. The designated depository libraries shall report to the Superintendent of Documents at least every two years concerning their condition. --------------------------------------------------------------------------- \1\ See Transfer of Functions note below. --------------------------------------------------------------------------- The Superintendent of Documents shall make firsthand investigation of conditions for which need is indicated and include the results of investigations in his annual report. When he ascertains that the number of books in a depository library is below ten thousand, other than Government publications, or it 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, he shall delete the library from the list of depository libraries if the library fails to correct the unsatisfactory conditions within six months. The Representative or the Resident Commissioner from Puerto Rico in whose area the library is located or the Senator who made the designation, or a successor of the Senator, and, in the case of a library in the District of Columbia, the Commissioner of the District of Columbia, and, in the case of a library in Guam, American Samoa, or the Virgin Islands, the Governor, shall be notified and shall then be authorized to designate another library within the area served by him, which shall meet the conditions herein required, but which may not be in excess of the number of depository libraries authorized by laws within the State, district, territory, or the Commonwealth of Puerto Rico, as the case may be. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1285.) Historical and Revision Notes Based on 44 U.S. Code, 1964 ed., Sec. 86 (Jan. 12, 1895, ch. 23, Sec. 70, 28 Stat. 612; Aug. 9, 1962, Pub. L. 87-579, Sec. 6, 76 Stat. 354). 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. Section Referred to in Other Sections This section is referred to in section 1916 of this title.

Section 1909 places the following requirements on Federal Depository Libraries:

• Must be able to provide custody for depository materials.
• Must be able to provide service for depository materials.
• Must make a biennial report on their condition to the Government Printing Office (GPO).
• Must contain at least 10,000 books in their non-depository collections.
• Must be open to the public.
• Government publications which have been furnished to the library must be properly maintained

Looking at the law and the list above, it seems legally plain to this nonlawyer librarian that the very idea of "an all-electronic depository" where there is no custody of digital files is prohibited by Title 44. You cannot have a "depository library" if the library is not providing custody to at least some of the materials offered through Federal Depository Library Program. By the same token, a library that had custody of materials but did not either offer some kind of access to them or process (catalog, etc) them would also be in violation of Title 44. Other ways that a library could get into trouble would be not being open to the public. For example, a college library that was also a depository could not get away with only allowing the university community access to the college. If someone off the street can't get into the collection, it's not open to the public and therefore not compliant. However, GPO recognizes the security needs of depository libraries and does allow libraries to require identification to entry the library holding the depository collection. Failing in its Title 44 responsibilities can put a depository library on a six-month probation period. If the problems are not fixed, the library can have its designation as a depository pulled. This would require the library to return all of the federal materials it has received through the program. Depository materials cannot be retained by the library because although libraries have custody of the material, the ownership remains with the federal government. So how can GPO tell whether a library is meeting its depository requirements? The main way is through the biennial survey that GPO has libraries fills out every two years. Additionally, at least in law is the depository inspector program. This program is authorized by the part of Section 1909 that says "The Superintendent of Documents shall make firsthand investigation of conditions for which need is indicated and include the results of investigations in his annual report." In truth though, this program has been moribund for years. Partly because the inspection process, though authorized by law, was too adversarial and encouraged libraries to hide their flaws. Mostly, it's fallen flat because GPO is chronically underfunded and didn't have the money to both inspect libraries and carry out their other Congressionally mandated activities. Since at least 2004, GPO has been trying the laudable experiment of hiring field-based consultants to replace depository inspectors. To date, funding has not been available for this program. If this has changed, I'd love to hear from someone. That's all I can find to say about Section 1909. Section 1910 covers the procedures for replacing depository libraries, which doesn't interest me because libraries are replaced so rarely. So next time we will look at Sec. 1911. Free use of Government publications in depositories. Continue reading →

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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 →

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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 →

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