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The Present Law Governing Designated Depository Libraries

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The Present Law Governing Designated Depository Libraries DOCUMENT RESUME ED 055 616 LI 003 170 TITLE Government Depository Libraries; The Present Law Governing Designated Depository Libraries. Revised. INSTITUTION Joint Committee on Printing, Washington, D.C. PUB DATE Apr 71 NOTE 41p.; (19 References) EDRS PRICE MF-$0.65 HC-$3.29 DESCRIPTORS *Depository Libraries; *Government Libraries; *Government Publications; *Laws ABSTRACT The law now in force provides for a class of libraries in the United States in which certain Government publications are deposited for the use of the public. The libraries are known in the office of Superintendent of Documents, Government Printing Office, where the distribution is made, as designated depository libraries. Title 44 of the United States Code which is the authority for the operation of the depository program was codified and enacted during the 90th Congress. Sections of title 44 and excerpts from the Statutes at Large affecting the program are appended at the end of this pamphlet. In the revised title 44, simplified language has been substituted for awkward and obsolete terms, and superseded and obsolete statutes were eliminated. The statutes are intended to remain substantively unchanged even through changes in terminology and style have been made by the codification of title 44. (Author) 92d Congress 1st Session JOINT COMMITTEE PRINT GOVERNME NT DEPOSITORY LIBRARIES THE PRESENT LAW GOVERNING DESIGNATED DEPOSITORY LIBRARIES REVISED APRIL 1971 Printed for the use of the Joint Committee on Printing U.S. GOVERNMENT PRINTING OFFICE 59-167 0 WASHINGTON : 1971 JOINT COMMITTEE ON PRINTING CONGRESS OF THE UNITED STATES B. EVERETT JORDAN, SENATOR FROM NORTH CAROLINA,Chairman WAYNE L. HAYS, REPRESENTATIVE FROM OHIO, Vice Chairman JAMES B. ALLEN, SENATOR FROM ALABAMA ROBERT P. GRIFFIN, SENATOR FROM MICHIGAN JOHN BRADEMAS, REPRESENTATIVE FROM INDIANA SAMUEL L. DEVINE, REPRESENTATIVE FROM OHIO JOHN F. HALEY, Staff Director Committee Room: 8-151, United States Capitol Phone: 225-6241 Government Code: 180-Branch 5241 DESIGNATED DEPOSITORY LIBRARIES AUTHORIZATION The law now in force provides for a class of libraries in the United States in which certain Government publications are deposited for the use of the public. These libraries are known in the office of the Superintendent of Documents, Government Printing Office where the distribution is made, as designated depository libraries. title 44 of the United States Code which is the authority for the operation of the depository program was codified and enacted during the 90th Congress. Sections of title 44 and excerpts from the Statutes at Large affecting the program will be found in the appendix at the end of this pamphlet. In the revised title 44, simplified language has been sub- stituted for awkward and obsolete terms, and superseded and obsolete statutes were eliminated. The statutes are intended to remain sub- stantively unchanged even though changes in terminology and style have been made by the codification of title 44. NUMBER Under the present provisions of title 44 of the United States Code, the depository list comprises the following described libraries: State libraries 50 2 libraries for each congressional district to be designated by the Repre- sentative from that district (or at large in the case of unciistricted States) 870 2 libraries to be designated in any part of the State by each Senator 200 2 libraries to be designated by the Resident Commissioner from Puerto Rico 2 2 libraries to be designated by the Commissioner of the District of Co- lumbia 2 1 library to be designated by the Governor of Guam 1 1 library to be desigratted by the Governor of American Samoa 1 2 libraries to be designated by the Governor of the Virgin Islands (1 on the island of St. Thomas and 1 on the island of St. Croix) 2 The libraries of the land-grant colleges 69 The libraries of the executive departments in Washington 12 Libraries of independent agencies and of major bureaus and divisions of departments and agencies 125 The libraries of the U.S. Air Force, Coast Guard, Merchant Marine, Mili- tary, and Naval Academies 5 In addition, the following libraries were designated by special legislation: American Antiquarian Society Library, Worcester, Mass_ 1 The Public Library of the District of Columbia 1 2 An estimated number. The estimated theoretical total number of authorized depository libraries is, therefore, 1,341. However, of the 1,045 currently on the list, some are not included in this total since in several instances there are three or more depository libraries in the same congressional district, all designated by Representatives, due to redistricting after each decennial census. If a depository designated by a Representative already exists within a congressional district or one in Puerto Rico designated by the Resident Commissioner, before an additional one may be desig- nated by such a designator, a certified statement of justification of the need for an additional depository must be furnished by the head of the library to be designated. This justification must also be signed by the head of every existing depooitory library within the congres- sional district or the Commonwealth of Puerto Rico, or by the head of the library authority of the State or Commonwealth. A similar justification is required in the case of a senatorial designation when the Senator or his predecessor has already designated an existing depository. DISCONTINUANCE Once a library has been designated a depository it cannot be removed from the list and another library designated in its place upon the election of a new Member of Congress. It remains a depos- itory until it ceases to exist or vacates the privilege at its own request (sec. 5, Sundry Civil Act, approved June 23, 1913, 38 Stat. 75, as amended). It can, however, be removed by the Superintendent of Documents for failure to abide by the laws governing the depository program (44 U.S.C. 1910, Oct. 22, 1968, 82 Stat. 1286). REGIONAL DEPOSITORIES The 1962 amendments to the law provided for the designation of not more than two libraries in each State and the Commonwealth of Puerto Rico to be regional depositories. Such designations may be made by the Senators from the States and the Resident Commissioner in the case of Puerto Rico. Libraries designated to be regional depositories must already be designated depositories. Designation as a regional depository requires prior approval of the head of the library authority of the State or the Commonwealth of Puerto Rico. In addition to fulfilling the requirements for regular depositories, they must receive and retain at least one copy of all Government publications made available to depositories, either in printed or microform copy (except those authorized to be discarded by the Superintendent of Documents). Within the region they serve, the regional depositories must provide interlibrary loan, reference service, and assistance for regular deposi- tory libraries in the disposal of unwanted Government publications as provided by law. They have the authority to permit regular de- pository libraries within the areas served by them to dispose of Government publications which they have retained -for at least 5. years after first offering them to other depository libraries within their area, then to other libraries, and then if not wanted to discard. BOOKS FURNISHED Depository libraries are permitted to receive one copy of all publi- cations of the U.S. Government, except those determined by their issuing components to be required for official use only or those re- quired for strictly administrative or operational purposes which have no public interest or educational value, and publications classified for reasons of national security. In addition to the exceptions noted,the so-called cooperative publications, which must necessarily be sold in order to be self-sustaining are also excluded. These are primarily certain publications of the Library of Congress and those of the National Technical information Service. SELECTIVE PLAN In view of the repeated requests from librarians of the designated depository libraries to be granted the privilege of selecting those public documents of the United States most suitable for their libraries, and which they would prefer to receive, instead of being compelled as formerly to receive the whole output of the Government Printing Office, all libraries are now on a selective basis. A classified list of the series and groups of Government publications available for selection has been furnished to all depositories for their use in making selections. This list which is revised from time to time is furnished in card form with one card for each series or group of publications giving the dis- tribution item number, the issuing agency, the series or group title, and brief descriptions where needed. As new series are begun by existing Government agencies,. or new agencies are established, additional cards for the list are furnished to depositories for them to select the new material if desired. Cards are furnished in duplicate and selections are made by return to the Superintendent of Documents of one card for each series or group selected, properly marked with the depository's assigned library number. • (This libraTy number is assigned by the Suprmtendent of Documents for administrative purposes in control of selections and distribution of publications.) The annual apropriation act for the Government Printing Office, beginning with July 1, 1922, provides that no part of the sum appro- priated shall be used 0 supply the depository
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