Pt. 6: Nonlawyer’s journey through Title 44: Requirements of depository libraries
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
June BOTM is Jessamyn West
Our guest blogger for June is Jessamyn West of librarian.net fame (find out more on her bio). I'm sure she'll put the 'rarin into our discussions about access to government information and digital information in general. Take it away Jessamyn. The center column is yours! Many thanks to Cindi Wolff for being our guest for May and for posting a wealth of info on Open Access! Continue reading
Jessamyn West, BOTM for June, 2006
Jessamyn West is librarian.net. She's a writer, speaker, agitator for all things library (well, maybe not ALL things!). You may have seen her "five technically legal signs for your library" that she created when the USA PATRIOT Act first came out. As she says on her about page:
I love libraries because I believe they are a true manifestation of the public sphere in the US. They are a place where people can read what they want, be who they are, and inform themselves about what interests them. I like to help people do that. I am also fiercely protective of losing what is special about libraries, and much of my work concerns this preservation issue in its many facets. I am a user-oriented librarian when I’m working at a library, and a library activist when I am not. My passion presently is mucking about in the intersection of libraries, technology and politics and describing what I find there.Continue reading
Blogger of the month bios
Below is the growing list of bios for our guest bloggers, which we call BOTM (blogger of the month). Continue reading
Final OA thoughts
As i go two days over my guest blog status, i wanted to share a couple of resources for "further reading" in regards to Open Access and other issues: Found via New York Academy of Medicine Library's Grey Literature Report: Federal funding for health services research. My cubicle neighbor at the University of California at Berkeley helped work on the UC Berkeley Faculty Conference on Scholarly Publishing March 31, 2005 [i can still hear her hair pulling at times] which resulted in this webpage Scholarly Publishing — New Models that provides nice background information and links. If you are looking for databases of freely available OA journal information available on the internet there are many "out there", but two i recommend are: Gold Rush which provides access to over 50 open access databases and over 8000 open access journals in a variety of subject areas. Genamics JournalSeek that includes a description of the journals as well as link outs to database and indexing information via Openly Jake. And, i close with a link to a letter from my predecessor, Judith C. Wilkerson, who in November 2004 published a Comment on NIH Notice NOT-OD-04-064 Open Access to Taxpayer Funded Research to the National Institutes of Health's Director Dr. Elias Zerhouni in which she notes, among other things: It is a public policy mistake to delay access to the public that paid for research and the US research community, especially if content is released immediately to third world countries that could be our enemies. It is not is the best interest of the country or its citizens. Nor is it fair. Don't forget to share you views with Congress as legislation is being considered and remember to: OpenTheGovernment.org! Perhaps i'll see some of you in NOLA. Continue reading