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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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 →

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