[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5305 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 5305
To amend title 44, United States Code, to ensure the availability of
no-fee public access to government information, to reform the Federal
Depository Library Program, to authorize the activities of the
Superintendent of Documents, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 15, 2018
Mr. Harper (for himself, Mr. Brady of Pennsylvania, Mr. Rodney Davis of
Illinois, Mrs. Comstock, Mr. Walker, Mr. Loudermilk, Ms. Lofgren, and
Mr. Raskin) introduced the following bill; which was referred to the
Committee on House Administration, and in addition to the Committee on
Oversight and Government Reform, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 44, United States Code, to ensure the availability of
no-fee public access to government information, to reform the Federal
Depository Library Program, to authorize the activities of the
Superintendent of Documents, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FDLP Modernization Act of 2018''.
SEC. 2. NO-FEE PUBLIC ACCESS TO GOVERNMENT INFORMATION; REFORM OF
FEDERAL DEPOSITORY LIBRARY PROGRAM.
(a) In General.--Chapter 17 of title 44, United States Code, is
amended to read as follows:
``CHAPTER 17--NO-FEE PUBLIC ACCESS TO GOVERNMENT INFORMATION
``subchapter a--superintendent of documents
``1701. Findings; purpose; definitions.
``1702. Superintendent of Documents.
``1703. Employees and facilities of Superintendent.
``1704. Coordination and consultation with Library of Congress.
``1705. Coordination and consultation with other legislative branch
officials.
``1706. Definitions.
``subchapter b--national collection of information dissemination
products
``1721. National collection of information dissemination products.
``1722. Responsibility of offices of Government to furnish products to
Superintendent of Documents.
``1723. Requirements for agreements to produce or procure products.
``1724. Special requirements for electronic information dissemination
products.
``1725. Cataloging and related services for information dissemination
products.
``1726. Collection development plan.
``1727. Replacement and removal of products from national collection.
``subchapter c--online repository
``1731. Establishment and operation of online repository for no-fee
access to information dissemination
products.
``1732. Authentication of products.
``1733. Privacy of users.
``subchapter d--federal depository library program
``1741. No-fee access to products through Federal Depository Libraries.
``1742. Requirements for Federal Depository Libraries.
``1743. Services available for depository libraries.
``1744. Selective Depository Libraries.
``1745. Regional Depository Libraries.
``1746. Preservation Depository Libraries.
``1747. Procedures for designation.
``subchapter e--sales program
``1751. Sales program.
``1752. Determination of costs of products.
``1753. Inventory.
``subchapter f--other programs and authorities
``1761. By-law distribution program.
``1762. International Exchange Service Program.
``1763. Acceptance of gifts.
``1764. Authorities of Director of the Government Publishing Office.
``1765. Source of funds used to carry out programs and activities.
``1766. Congressional oversight.
``SUBCHAPTER A--SUPERINTENDENT OF DOCUMENTS
``Sec. 1701. Findings; purpose; definitions
``(a) Findings.--Congress finds the following:
``(1) The free flow of government information is
fundamental to a democratic society, and members of the public
have a right of access to government information.
``(2) The Federal Depository Library Program is an
essential means by which members of the public access
government information. These libraries partner with the
Government Publishing Office and offices of the Federal
Government to ensure that members of the public throughout the
United States have effective, no-fee access to government
information.
``(3) The majority of government information currently
produced is in electronic format. As a result, 97 percent of
new information available through the Federal Depository
Library Program is in electronic format.
``(4) Government has a responsibility to disseminate and
provide permanent public access to information in order to
ensure that members of the public are fully aware of the
activities of their government, to spur innovation and
research, and to promote good government.
``(5) The sole focus of the Superintendent of Documents
should be on implementing programs to ensure no-fee access to
government information.
``(b) Purpose.--It is the purpose of this chapter to promote the
greatest possible public access to information dissemination products
by authorizing the Superintendent of Documents to--
``(1) establish a national collection of information
dissemination products and to provide no-fee, permanent public
access to such collection through an online repository
established and operated by the Director of the Government
Publishing Office under subchapter C and through the Federal
Depository Library Program under subchapter D;
``(2) carry out a cataloging and indexing program for the
products in such national collection;
``(3) carry out a by-law distribution program and an
international exchange service program under subchapter F; and
``(4) collaborate with offices of the Federal Government,
Federal Depository Libraries, and library associations and
consortia.
``Sec. 1702. Superintendent of Documents
``(a) Appointment.--The Director of the Government Publishing
Office shall appoint an individual to serve as the Superintendent of
Documents, without regard to political affiliation and solely based on
professional qualifications to perform the duties and responsibilities
of the position, and who shall serve at the pleasure of the Director of
the Government Publishing Office.
``(b) Duties.--Under the general direction of the Director of the
Government Publishing Office, the Superintendent of Documents shall
administer the programs of GPO which provide no-fee public access to
Federal information dissemination products (IDPs) under this chapter.
``(c) Qualifications.--The individual appointed as the
Superintendent of Documents shall be an accomplished general manager
and practitioner of library and information sciences, including the
identification, acquisition, authentication, cataloging, dissemination,
maintenance, and preservation of information dissemination products
regardless of form or format.
``(d) Compensation.--The Superintendent of Documents shall be
compensated at an annual rate equal to level III of the Executive
Schedule.
``Sec. 1703. Employees and facilities of Superintendent
``(a) Appointment of Employees; Provision of Facilities.--The
Director of the Government Publishing Office, upon the requisition of
the Superintendent of Documents, shall appoint necessary assistants,
furnish blanks, and do the printing and binding required by the
Superintendent of Documents. The Director shall provide convenient
office, storage, and distributing rooms for the use of the
Superintendent of Documents.
``(b) Pay of Employees for Night, Sunday, Holiday, and Overtime
Work.--Employees of the Superintendent of Documents may be paid for
night, Sunday, holiday, and overtime work at rates not in excess of the
rates of additional pay for this work allowed other employees of the
Government Publishing Office under section 305 of this title.
``Sec. 1704. Coordination and consultation with Library of Congress
``In carrying out this chapter, the Superintendent of Documents
shall coordinate and consult with the Librarian of Congress, especially
with respect to the provisions of this title which affect the
collections of the Library of Congress and the services the Library
provides to Congress.
``Sec. 1705. Coordination and consultation with other legislative
branch officials
``In addition to the coordination and consultation required under
section 1704, in carrying out this chapter, the Superintendent of
Documents shall coordinate and consult with appropriate officials of
the legislative branch, including the Clerk of the House of
Representatives, the Secretary of the Senate, and the Librarian of
Congress, with respect to the production and dissemination of
information dissemination products of Congress for inclusion in the
legislative information retrieval system established and operated under
section 209 of the Legislative Branch Appropriations Act, 1996 (2
U.S.C. 180).
``Sec. 1706. Definitions
``(a) Definition of `Printing'.--
``(1) Definition.--In this chapter, the term `printing'
includes and applies to the all of the processes used to
capture, process, and duplicate digital or tangible
information, including--
``(A) any formatting, composition, digitization,
platemaking, presswork, and binding or other finishing,
or the manufacturing of related material;
``(B) the equipment and software applications used
in such processes; and
``(C) the end items in any tangible or digital form
produced by such processes and equipment for use by an
end user.
``(2) Review; updates.--The Director of the Government
Publishing Office shall regularly review the definition under
this subsection to ensure that it is consistent with
international and commercial practice, and not less frequently
than every 5 years, shall submit recommendations to the
Committee on House Administration of the House of
Representatives and the Committee on Rules and Administration
of the Senate for updates to the definition so that it reflects
the most current technology.
``(b) Other Definitions.--In this chapter, the following
definitions apply:
``(1) The term `dissemination' means the government-
initiated distribution of information to a nongovernment
entity, including the public. Such term does not include any
distribution which is limited to Federal Government employees,
intra- or inter-office use or sharing of Federal information,
and responses to requests for agency records under the Freedom
of lnformation Act (section 552 of title 5) or the Privacy Act
(section 552a of title 5).
``(2) The term `document' means an information
dissemination product.
``(3) The term `electronic information dissemination
product' means an information dissemination product which is
created for or transmitted through an electronic communications
system or network of the office in which the product
originated.
``(4) The term `Federal information' means information
created, collected, processed, maintained, disseminated,
disclosed, or disposed of by or for the Federal Government, in
any medium or form.
``(5) The term `Federal information system' means an
information system used or operated by an office of the Federal
Government or by a contractor of such an office or by another
organization on behalf of such an office.
``(6) The term `fugitive document' means an information
dissemination product which is not cataloged or otherwise
identifiable or retrievable by an end user through the online
repository under section 1721 of this title.
``(7) The term `Government publication' means information
that is published as an individual document at Government
expense, or as required by law, in any medium or form.
``(8) The term `graphic communication' means electronic and
traditional printing, publishing, packaging, digital imaging,
computer graphics, website development, digital photography,
printable electronics, and related activities.
``(9) The term `information' means any communication or
representation of knowledge such as facts, data, or opinions in
any medium or form, including textual, numerical, graphic,
cartographic, narrative, electronic, or audiovisual forms.
``(10) The term `information dissemination product' or
`IDP' means any recorded information, regardless of physical
form or characteristics, disseminated by an office of the
Federal Government, or contractor thereof, to the public, and
including any recorded information incorporated by reference
into the Code of Federal Regulations. Notwithstanding the
provisions of section 106 of title 17, it is not an
infringement of any copyright that may subsist in works within
an IDP to reproduce, prepare derivative works of, display,
perform, distribute, or utilize (including through text or data
mining) IDPs under this title.
``(11) The term `inter-office agreement' means a written
agreement entered into between two or more offices of the
Federal Government that specifies the goods to be furnished or
tasks to be accomplished by one office (the servicing office)
in support of the other(s) (the requesting office), including
assisted acquisitions as described in the Memorandum of the
Office of Management and Budget entitled `Improving the
Management and Use of lnteragency Acquisitions' and other cases
described in part 17 of the Federal Acquisition Regulations.
``(12) The term `national collection' means (subject to
subchapter B) the collection of information dissemination
products produced by the Federal Government, and (as described
in subchapter B) is a distributed collection accessible from
the online repository under subchapter C, the Federal
Depository Libraries under subchapter D, and through agreements
with other entities as provided by this chapter.
``(13) The term `personally identifiable information' means
information that can be used to distinguish or trace an
individual's identity, either alone or when combined with other
information that is linked or linkable to a specific
individual.
``(14) The term `public information' means any information,
regardless of form or format, that an office of the Federal
Government discloses, disseminates, or makes available to the
public.
``(15) The term `publication' means informational matter
which is published as an individual document at Federal
Government expense, or as required by law.
``(16) The term `State' means, except where otherwise
provided, each of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, American Samoa, Guam, the
United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands.
``(17) The term `trustworthy information system' means an
information system that is believed to be capable of operating
within defined levels of risk despite the environmental
disruptions, human errors, structural failures, and purposeful
attacks that are expected to occur in its environment of
operation.
``SUBCHAPTER B--NATIONAL COLLECTION OF INFORMATION DISSEMINATION
PRODUCTS
``Sec. 1721. National collection of information dissemination products
``(a) Establishment of Collection.--In order to provide permanent
public access to information dissemination products that may be of
public interest or educational value, in accordance with this
subchapter, the Superintendent of Documents shall establish a
comprehensive, national collection of information dissemination
products which are determined to be appropriate for inclusion in the
collection, and shall include all information dissemination products
which have been incorporated by reference into the Code of Federal
Regulations.
``(b) Public Access to Collection.--Except as provided in
subsection (c), the Superintendent shall provide permanent public
access to all of the information dissemination products which are
included in the national collection through each of the following
means:
``(1) The online repository established and operated by the
Director of the Government Publishing Office under subchapter
C.
``(2) The Federal Depository Library Program under
subchapter D.
``(3) Methods established for access to products in
incompatible formats, as determined under section 1722(b)(2).
``(4) Cataloging, indexing, identification, location,
availability, and format designation services under section
1725.
``(c) No Public Access for Certain Products.--
``(1) Products described.--The Superintendent shall not
provide public access to an information dissemination product
which is included in the national collection under this
subchapter if any of the following apply:
``(A) The product is a cooperative publication
which must necessarily be sold in order to be self-
sustaining, unless the applicable official enters into
an agreement with the Superintendent to make the
product accessible to the public.
``(B) The product contains information the
disclosure of which would constitute a clearly
unwarranted invasion of personal privacy.
``(C) Prohibiting public access to the product is
necessary to comply with relevant law.
``(2) Special rule for certain products.--Paragraph (1)
does not apply with respect to--
``(A) an information dissemination product which an
office disseminates in electronic form to the public at
no cost; or
``(B) an information dissemination product
consisting of a standard which has been incorporated by
reference into the Code of Federal Regulations.
``(3) Notification by applicable officials.--Each
applicable official shall notify the Superintendent of each
instance in which an information dissemination product is
subject to paragraph (1).
``(d) Historical Collection.--In maintaining the national
collection under this subchapter, the Superintendent shall oversee the
maintenance of information dissemination products which were created
and distributed prior to the effective date of the FDLP Modernization
Act of 2018.
``(e) Applicable Official Defined.--In this subchapter, the term
`applicable official' with respect to an information dissemination
product is as follows:
``(1) In the case of an IDP originating in an office of the
executive branch, the head of the office in which the IDP
originated.
``(2) In the case of an IDP originating in an office of the
legislative branch, the head of the office in which the IDP
originated, except that--
``(A) if the IDP originated in an office of the
House of Representatives, the term `applicable
official' is the Clerk of the House of Representatives;
and
``(B) if the IDP originated in the Senate, the term
`applicable official' is the Secretary of the Senate.
``(3) In the case of an IDP originating in the judicial
branch, the Director of the Administrative Office of the United
States Courts or the Clerk of the United States Supreme Court
(as the case may be).
``Sec. 1722. Responsibility of offices of Government to furnish
products to Superintendent of Documents
``(a) Requirement To Furnish Products.--
``(1) In general.--If an office of the Federal Government
produces or procures an information dissemination product,
regardless of form or format, the applicable official shall
furnish the product to the Superintendent of Documents for
inclusion in the national collection established and maintained
under this subchapter at the applicable price described in
paragraph (2), not later than the date on which the product is
made available to the public.
``(2) Applicable price described.--In paragraph (1), the
`applicable price' with respect to an information dissemination
product is--
``(A) in the case of a product in electronic form
which the office involved disseminates to the public at
no cost, $0; or
``(B) in the case of any other product, such price
as may be appropriate, but not to exceed the actual
cost to the office involved of producing an additional
copy of the product.
``(b) Form and Format.--
``(1) In general.--In furnishing an information
dissemination product to the Superintendent of Documents under
this subchapter, the applicable official shall deposit with and
notify the Superintendent of digital or tangible (as
applicable) versions of such IDP, regardless of the form or
format of the product, in such manner as will enable the
Superintendent to perform cataloging, indexing, identification,
location, availability, and format designation services with
respect to the IDP under section 1725 and authentication with
respect to the IDP under section 1722.
``(2) Special rule for incompatible formats.--
``(A) Providing location and access.--If the form
or format of an IDP is not compatible with the
electronic systems of the Government Publishing Office,
and it is not practicable to make the form or format of
the IDP compatible with such systems, the applicable
official shall meet the requirements of this section by
providing the Superintendent with information on where
the content of the IDP is held and how the
Superintendent may access the content, and by providing
access to and preserving the content of the IDP.
``(B) Cataloging, public access, and
preservation.--The Superintendent, in consultation with
the applicable official, shall determine the best
method to catalog, provide public access to (including
through the Federal Depository Library Program under
subchapter D), and preserve an IDP which is subject to
subparagraph (A).
``(c) Notifications Regarding Changes in Production or Procurement
of Products.--
``(1) In general.--The applicable official shall
immediately notify the Superintendent of the intent of an
office to produce or procure, substantially modify, or
terminate the production of an information dissemination
product, regardless of form or format, in order to enable the
Superintendent to continue to provide public access to the
product under this chapter, including access through the
Federal Depository Library Program under subchapter D at the
applicable price described in subsection (a)(2). Nothing in
this paragraph shall be construed to affect the application of
section 3506 of this title to any office or applicable
official.
``(2) Public notice.--The Superintendent of Documents shall
publish in the Federal Register, and provide timely notice to
the public and the Federal Depository Libraries under
subchapter D, of notifications received under paragraph (1). In
the case of notifications that an office intends to terminate
the production of an information dissemination product,
eliminate the production or availability in tangible form of an
information dissemination product, or otherwise limit the
provision of public access to an information dissemination
product to only electronic means, the Superintendent of
Documents shall provide such notice not later than 10 days
after receiving the notification.
``(3) Restrictions on authority to eliminate printed copies
of products.--An office may not terminate the production of an
information dissemination product, eliminate the production or
availability in tangible form of an information dissemination
product, or otherwise limit the provision of public access to
such product to only electronic means, until the expiration of
the 70-day period which begins on the date the head of the
office notifies the Superintendent of Documents of the intent
to terminate such production, eliminate such production or
availability in tangible form, or limit such access to
electronic means (as the case may be).
``(d) Failure To Furnish Product.--If an applicable official fails
to furnish an IDP to the Superintendent of Documents under this
section--
``(1) the Superintendent is authorized to obtain the IDP;
and
``(2) the office of the applicable official shall reimburse
the Superintendent for the costs incurred in obtaining and
disseminating the IDP.
``(e) Additional Methods of Obtaining Products.--
``(1) In general.--In addition to the procedures in this
section, the Superintendent of Documents may use any other
means not prohibited by law to obtain an information
dissemination product for inclusion in the national collection
under this subchapter.
``(2) Collection of products in collection of federal
depository libraries.--The Superintendent may enter into
arrangements with a Federal Depository Library under subchapter
D to obtain from such Library any IDPs in the Library's own
collection of documents and materials and the metadata
associated with any such IDPs.
``(f) Role of Director of the Government Publishing Office.--
``(1) Supervision and oversight.--The Superintendent of
Documents shall carry out this section under the supervision of
the Director of the Government Publishing Office, who shall be
responsible for ensuring the compliance of offices of the
Federal Government with this section.
``(2) Availability of gpo products.--The Director of the
Government Publishing Office shall provide the Superintendent
with adequate metadata and copies, in digital and tangible form
(if available) of all information dissemination products
produced or procured by the Government Publishing Office.
``(g) Steps To Ensure Compliance by Applicable Officials.--
``(1) Regulations.--Each applicable official shall
establish guidelines and procedures to ensure that the
appropriate personnel of the applicable official's office meet
the requirements of this section. To the extent that the
applicable official has the authority under law to promulgate
regulations, the official shall establish such guidelines and
procedures by regulation.
``(2) Reports to director of the government publishing
office.--Not later than 180 days after the date of the
enactment of the FDLP Modernization Act of 2018 and every 3
years thereafter, each applicable official shall submit a
report to the Director of the Government Publishing Office
setting forth a plan to ensure the official's compliance with
the requirements of this section, including steps to sanction
employees of the official's office for failure to comply with
such requirements.
``(h) Effective Date; Transition Rule for Electronic Products
Furnished to Depository Libraries.--
``(1) In general.--This section shall apply with respect to
any information dissemination product produced or procured on
or after the effective date of the FDLP Modernization Act of
2018.
``(2) Furnishing electronic products to federal depository
libraries during transition.--
``(A) Inventory of products.--Not later than 2
years after the date of the enactment of the FDLP
Modernization Act of 2018, the applicable official of
each office shall provide the Superintendent of
Documents with an inventory of, and access to, all
electronic information dissemination products (as
defined in section 1724) which originated in the office
prior to the effective date of such Act.
``(B) Furnishing of products to libraries.--If, in
the same manner applicable to information dissemination
products under section 1721, the Superintendent
determines that a product in the inventory provided
under subparagraph (A) would be appropriate for
inclusion in the national collection under this
subchapter (if the product were procured or produced
after the effective date of the FDLP Modernization Act
of 2018), the applicable official shall furnish the
product to the Superintendent for distribution to
Federal Depository Libraries under subchapter D, as
determined by the Superintendent.
``(C) Costs.--The cost of furnishing an IDP to a
Federal Depository Library under this paragraph shall
be paid by the Superintendent of Documents.
``Sec. 1723. Requirements for agreements to produce or procure products
``(a) Notification to Superintendent of Documents.--An office of
the Federal Government may not enter into a contract for the
procurement of production of an information dissemination product by
any entity other than the Director of the Government Publishing Office,
regardless of form or format, unless each of the following requirements
is met:
``(1) Prior to entering into the contract, the applicable
official notifies the Superintendent of Documents.
``(2) The contract includes a requirement that the office
shall ensure that the product will be furnished to the
Superintendent in accordance with the requirements of this
chapter, including any requirement regarding the number, type,
and format of copies of the product.
``(3) The contract includes a requirement that the office
shall meet such conditions as the Superintendent may require to
ensure no-fee public access to the product in accordance with
this chapter.
``(b) Prior Certification of Notice to Superintendent.--No
production or procurement of an IDP may take place under a contract
described in subsection (a) until the applicable official verifies that
notice of the contract was provided to the Superintendent of Documents.
``(c) Role of Director of the Government Publishing Office.--The
Superintendent of Documents shall carry out this section under the
supervision of the Director of the Government Publishing Office, who
shall be responsible for ensuring the compliance of offices of the
Federal Government with this section.
``Sec. 1724. Special requirements for electronic information
dissemination products
``(a) Types of Material Required To Be Furnished to Superintendent
of Documents.--For purposes of section 1722, upon request of the
Superintendent of Documents, the applicable official shall promptly
provide the Superintendent with copies of, or access to, electronic
files and metadata or other digital descriptive material associated
with an electronic information dissemination product (including any
relevant material necessary for the Superintendent to comply with
section 1725) which will enable the Superintendent to provide permanent
public access to the IDP through the online repository under subchapter
C and through the Federal Depository Library Program under subchapter
D.
``(b) Special Rules for Products Made Available on Websites of
Originating Offices.--
``(1) Sharing of metadata with director of the government
publishing office.--If an office of the Government makes an
electronic information dissemination product of the office
available to the public through the office's website, the head
of the office shall ensure that the Director of the Government
Publishing Office (acting through the Superintendent of
Documents) has the appropriate metadata associated with the
product to enable the Director of the Government Publishing
Office to provide a link to the product through the online
repository under subchapter C.
``(2) Treatment of online fee-for-service programs.--If an
office of the Government makes IDPs available to the public
online under a fee-for-service program, the office shall ensure
that the Superintendent of Documents has access to such
services, at a cost no greater than the applicable price
described in section 1722(a)(2), so that the Superintendent may
make such services available to Federal Depository Libraries
under subchapter D.
``(c) Online Public Access During Transition to Online
Repository.--If, at any time after the effective date of the FDLP
Modernization Act of 2018, the online repository under subchapter C is
not in operation, each office in which an electronic information
dissemination product originates shall provide permanent public access
to the IDP through an electronic communications system or network.
``Sec. 1725. Cataloging and related services for information
dissemination products
``(a) Cataloging, Indexing, Identification, Location, Availability,
and Format Designation Services.--
``(1) Services described.--The Superintendent of Documents
shall--
``(A) perform cataloging, indexing, identification,
location, availability, and format designation services
with respect to the information dissemination products
included in the national collection under this
subchapter;
``(B) perform cataloging, indexing, identification,
location, availability, and format designation services
with respect to any information dissemination products
which are included in the historical collection under
section 1721(d); and
``(C) make the resulting cataloging, indexing,
identification, location, availability, and format
designation information available for no-fee public
access under the program described in subsection (b),
and as part of the national collection under this
subchapter.
``(2) Ensuring incorporation of current methodologies and
practices.--The Superintendent shall periodically review and
revise the methods by which the Superintendent performs the
services required under paragraph (1) to ensure that such
methods incorporate contemporary library and information
management methodologies and practices.
``(b) Catalog of Government Products.--
``(1) Establishment of catalog.--The Superintendent of
Documents shall establish and maintain a Catalog of Government
Products consisting of a comprehensive set of metadata,
including the digital object identifier, associated with
information dissemination products, including existing products
which are not yet catalogued, and may make the records of such
Catalog available in other bibliographic utilities that support
widely available record sharing.
``(2) National bibliographic records inventory.--The
Superintendent shall carry out a program to bring fugitive
documents under bibliographic control and to make records
associated with such documents available through the Catalog
established and maintained under paragraph (1) and other
appropriate bibliographic utilities.
``(c) Digitization.--
``(1) In general.--The Superintendent of Documents is
authorized to digitize, to the greatest extent practicable, all
information dissemination products created at any time, and to
include such products in digitized form in the national
collection under this subchapter.
``(2) Authentication.--To the greatest extent practicable,
the Superintendent shall identify the chain of custody or other
provenance of IDPs in the national collection under this
subchapter which are in digitized form, and shall verify that
such IDPs are complete and unaltered.
``(d) Authorizing Activities To Be Carried Out by Other Entities.--
``(1) Authorization.--The Superintendent of Documents may
enter into an agreement with another entity (including a
Federal Depository Library under subchapter D) to carry out any
of the activities authorized under this section, in accordance
with regulations promulgated under this subchapter.
``(2) Treatment of work product as work of united states
government for purposes of copyright.--For purposes of section
105 of title 17, any work product produced under an agreement
entered into under paragraph (1) shall be considered a work of
the United States Government.
``(e) Coordination With Other Legislative Branch Officials.--In
carrying out this section, the Superintendent shall coordinate and
consult with appropriate officials of the legislative branch, including
the Clerk of the House of Representatives, the Secretary of the Senate,
and the Librarian of Congress, with respect to the dissemination of
information dissemination products under this subchapter for inclusion
in the legislative information retrieval system established and
operated under section 209 of the Legislative Branch Appropriations
Act, 1996 (2 U.S.C. 180).
``Sec. 1726. Collection development plan
``(a) Plan.--The Superintendent of Documents shall establish a
collection development plan for the national collection of information
dissemination products under this subchapter, taking into consideration
the requirements of the online repository under subchapter C and the
needs of the Federal Depository Library Program under subchapter D.
``(b) Regulations.--The collection development plan under this
section shall be carried out in accordance with regulations promulgated
under this subchapter.
``Sec. 1727. Replacement and removal of products from national
collection
``(a) Limitation on Replacement and Removal.--An information
dissemination product may not be replaced or removed from the national
collection under this subchapter except as provided under the policies
described in subsection (b).
``(b) Policies.--
``(1) In general.--The Superintendent of Documents shall
carry out each of the following policies with respect to the
information dissemination products, regardless of form or
format, which are included in the national collection under
this subchapter:
``(A) A policy for the replacement of an IDP in
case of error.
``(B) A policy for the removal of an IDP when
required to comply with relevant law.
``(2) Requirements.--The policies described in paragraph
(1) shall provide for--
``(A) notification of the replacement or removal to
the public and the Federal Depository Libraries; and
``(B) compliance with relevant law, including the
need for the preservation of materials for archival
purposes with the National Archives and Records
Administration.
``(c) Regulations.--Each of the policies under this section shall
be carried out in accordance with regulations promulgated under this
subchapter.
``SUBCHAPTER C--ONLINE REPOSITORY
``Sec. 1731. Establishment and operation of online repository for no-
fee access to information dissemination products
``(a) Online Repository.--The Director of the Government Publishing
Office shall establish and operate a trustworthy information system and
online repository through which members of the public may obtain, at no
charge, information dissemination products which are included in the
national collection established and maintained under subchapter B.
``(b) Open and Bulk Formats.--To the greatest extent practicable,
the online repository shall provide users with access to IDPs in open,
machine-readable, and nonproprietary formats, and be available for bulk
download with the relevant metadata incorporated.
``(c) Preservation of Products.--The Director of the Government
Publishing Office shall ensure the preservation for permanent public
access of information dissemination products included in the online
repository, including through a program providing for the permanent
retention of digital materials.
``Sec. 1732. Authentication of products
``(a) Requiring Authentication.--To the greatest extent
practicable, the Director of the Government Publishing Office shall
ensure that each information dissemination product made available on
the online repository under this subchapter is authenticated, identify
the product's chain of custody or other provenance, and verify that the
product is complete and unaltered.
``(b) Identification of Non-Authenticated Products.--The Director
of the Government Publishing Office shall ensure that if any IDP in the
online repository is not authenticated, the lack of authentication
shall be noted within the IDP.
``Sec. 1733. Privacy of users
``(a) Protecting User Privacy.--Not later than 180 days after the
date of the enactment of the FDLP Modernization Act of 2018, the
Superintendent of Documents shall implement measures to protect the
privacy of individuals using the online repository under this
subchapter, and shall ensure that such measures provide users with at
least the same level of privacy as provided under section 552a of title
5 (commonly known as the Privacy Act of 1974) and section 208 of the E-
Government Act of 2002 (Public Law 107-347; set out as a note under
section 3501 of this title).
``(b) Regulations.--This section shall be carried out in accordance
with regulations promulgated under this subchapter.
``SUBCHAPTER D--FEDERAL DEPOSITORY LIBRARY PROGRAM
``Sec. 1741. No-fee access to products through Federal Depository
Libraries
``(a) Federal Depository Library Program.--The Director of the
Government Publishing Office, acting through the Superintendent of
Documents, shall operate a program under which, in accordance with this
subchapter--
``(1) the Superintendent of Documents shall designate
libraries as Federal Depository Libraries, including Selective
Depository Libraries, Regional Depository Libraries, and
Preservation Depository Libraries;
``(2) the Superintendent shall furnish, at no cost, to each
library designated as a Federal Depository Library under this
subchapter access to the national collection of information
dissemination products under subchapter B, including--
``(A) complete access to cataloging, indexing,
identification, location, availability, and format
designation services under section 1725;
``(B) complete access to the online repository
under subchapter C; and
``(C) such information dissemination products as
are provided for in this subchapter; and
``(3) each such Federal Depository Library shall provide
no-fee access to the collection to members of the public.
``(b) Special Rule for Copies of Congressional Documents.--
``(1) Reports or other documents of congress.--
``(A) In general.--Notwithstanding section 701 of
this title, the Director of the Government Publishing
Office shall print and provide such number of copies of
each report or other document of Congress as the
Superintendent of Documents may establish for purposes
of furnishing such reports and documents for the
Federal Depository Library Program under this
subchapter.
``(B) Format; binding.--The Director shall provide
the Superintendent of Documents with the copies
required under this paragraph in unbound form as soon
as practicable after printing is completed, except that
any report or other document of sufficient size on any
one subject (as established by the Superintendent)
shall be bound separately and receive the title
suggested by the subject of the volume. The Director
shall provide that the bound sets of such reports or
other documents are arranged in volumes and bound in a
practical and economical manner as established by the
Superintendent.
``(2) Congressional record.--Notwithstanding section 906 of
this title, the Director of the Government Publishing Office
shall print and provide such number of copies of the
Congressional Record as the Superintendent of Documents may
establish for purposes of furnishing the Congressional Record
for the Federal Depository Library Program under this
subchapter.
``Sec. 1742. Requirements for Federal Depository Libraries
``(a) Minimum Requirements Described.--Each library designated as a
Federal Depository Library under this subchapter shall meet the
following requirements:
``(1) The library shall provide members of the public with
no-fee access to all of the information dissemination products
furnished to the library by the Superintendent of Documents
under this chapter--
``(A) in electronic format by providing internet
access to the online repository under subchapter C and
to cataloging, indexing, identification, location,
availability, and format designation services under
section 1725; and
``(B) in any tangible format held under this
subchapter.
``(2) The library shall ensure that a member of the
library's staff who is knowledgeable about the services
described in paragraph (1) is reasonably available to assist
patrons with the provision of such services.
``(3) The library shall meet such other additional
requirements as the Superintendent may establish by regulations
promulgated under this subchapter.
``(b) Maintenance and Removal of Deposited IDPs.--In addition to
the requirements described in subsection (a), each library designated
as a Federal Depository Library under this subchapter shall maintain
the information dissemination products furnished to the library by the
Superintendent under this chapter (regardless of form or format) in
accordance with such policies as the Superintendent may establish, and
may remove any such products only in accordance with such policies as
the Superintendent may establish (consistent with the requirements of
section 1744 in the case of Selective Depository Libraries and the
requirements of section 1745 in the case of Regional Depository
Libraries).
``(c) Management of IDPs in Tangible Form.--Any information
dissemination product which is deposited with a Federal Depository
Library under this subchapter in tangible form remains the property of
the United States Government unless the IDP is donated to the Library
under section 1743(b).
``(d) Regulations.--The Superintendent shall establish the
requirements of this section in accordance with regulations promulgated
under this subchapter. Such regulations shall encourage participation
by a broad and diverse group of libraries, and may not establish a
limit on the number of libraries which may be designated under this
section.
``Sec. 1743. Services available for depository libraries
``(a) Optional Digital Deposit.--
``(1) In general.--At the option of the Library, a Federal
Depository Library may receive directly from the Superintendent
of Documents deposits in electronic format of information
dissemination products included in the national collection,
unless impracticable, in accordance with regulations
promulgated under this subchapter.
``(2) Protecting privacy of users.--If the Library permits
individuals to seek access to IDPs which are hosted on its own
server in accordance with this subsection, the Library shall
comply to the extent practicable with the same measures
implemented by the Superintendent of Documents to protect the
privacy of individuals who seek access to IDPs through the use
of online repository under subchapter C.
``(b) Donation of IDPs.--If an information dissemination product
deposited with a Federal Depository Library is no longer needed for
purposes of this subchapter, the Superintendent may donate the product
to the Library, in accordance with regulations promulgated under this
subchapter.
``(c) Availability of Training Program for Use of Libraries.--
``(1) Development of program.--The Superintendent shall
develop a training and continuing education program which may
be used by Federal Depository Libraries to promote the ability
of the Libraries to understand the operation of the program
under this subchapter and the content of the materials
furnished to the Libraries under the program.
``(2) Optional use of program.--The use by any Federal
Depository Library of the program developed under paragraph (1)
shall be optional for the Library.
``(3) Availability to public.--Nothing in this subsection
may be construed to prohibit the Superintendent from making the
program developed under paragraph (1) or any materials
developed as part of such program available to the public, as
the Superintendent considers appropriate.
``Sec. 1744. Selective Depository Libraries
``(a) Selective Depository Libraries Described.--A library which is
designated as a Federal Depository Library may, at its request, be
designated as a Selective Depository Library if the Library meets the
following requirements:
``(1) The Library provides access to selected information
dissemination products in tangible form as provided by the
Superintendent of Documents, under regulations promulgated
under this subchapter.
``(2) The Library agrees to maintain its collection of such
IDPs in tangible form for a minimum of 5 years after receipt,
unless the Superintendent authorizes earlier withdrawal.
``(3) The Library collaborates with a Regional Depository
Library (as designated under section 1745) on the maintenance
of a regional collection of such IDPs in tangible form.
``(4) A Member of Congress makes a recommendation to the
Superintendent that the Library should be designated as a
Selective Depository Library.
``(b) Regulations; Limitation on Number.--The Superintendent shall
carry out this section in accordance with regulations promulgated under
this subchapter. Such regulations shall provide for an adequate number
and distribution of Selective Depository Libraries in order to meet the
information needs of the public, and shall not prevent the designation
of at least one Selective Depository Library in each congressional
district.
``Sec. 1745. Regional Depository Libraries
``(a) Regional Depository Libraries Described.--A library which is
designated as a Federal Depository Library may, at its request, be
designated as a Regional Depository Library if the Library meets the
following requirements:
``(1) The Library agrees to receive its information
dissemination products from the Superintendent of Documents for
purposes of this subchapter in tangible form, except that the
Library may decline to receive an IDP in tangible form if the
authenticated IDP is available through the online repository
under subchapter C.
``(2) The Library provides access to all IDPs under this
subchapter regardless of form or format.
``(3) The Library coordinates and collaborates with
Selective Depository Libraries to maintain access to the
collection of IDPs available within the region, including IDPs
deposited prior to the library's designation as a Federal
Depository Library under this subchapter, and may do so by
housing some of its collection at one or more Selective
Depository Libraries pursuant to an agreement with such
Selective Depository Library.
``(4) The Library agrees to provide services under this
subchapter to Selective Depository Libraries under agreements
facilitated by the Superintendent of Documents, in accordance
with regulations promulgated under this subchapter.
``(5) A Senator makes a recommendation to the
Superintendent that the Library should be designated as a
Regional Depository Library.
``(b) Withdrawal of Collection of Tangible IDPs.--A Regional
Depository Library may withdraw from its collection an IDP which is in
tangible form if--
``(1) the authenticated IDP is available through the online
repository under subchapter C; and
``(2) the Superintendent has identified for preservation an
appropriate number of copies of the IDP in tangible form in a
sufficient number of Federal Depository Libraries.
``(c) Relocation of Collection of Tangible IDPs.--If a collection
of information dissemination products in tangible form is relocated
from a Regional Depository Library to another Federal Depository
Library under this subchapter (including relocation resulting from the
selective discarding of such products and the acceptance of such
discarded products by another Federal Depository Library), the Director
of the Government Publishing Office may pay the costs of the
relocation, including related cataloging and transportation costs.
``(d) Regulations; Contents.--
``(1) In general.--The Superintendent shall carry out this
section in accordance with regulations promulgated under this
subchapter. Such regulations shall--
``(A) in establishing criteria for agreements
between Regional Depository Libraries and Selective
Depository Libraries (as described in paragraph (4) of
subsection (a)), give preference to any consortia and
similar collaborative efforts in effect between such
Libraries, without regard to geographic restrictions;
``(B) limit the number of Regional Depository
Libraries located in any State to two; and
``(C) unless impracticable, provide for the
designation of at least 2 Regional Depository Libraries
in each census region.
``(2) Consultation.--In establishing regulations under
paragraph (1), the Superintendent shall consult with Selective
Depository Libraries and Regional Depository Libraries.
``Sec. 1746. Preservation Depository Libraries
``(a) Preservation Depository Libraries Described.--A library which
is designated as a Federal Depository Library may, at its request, be
designated as a Preservation Depository Library if the Library enters
into an agreement with the Superintendent of Documents to assist the
Superintendent with the preservation of information dissemination
products in the national collection under subchapter B.
``(b) Location of Products.--Under an agreement under this section,
a Preservation Depository Library may preserve IDPs (regardless of form
or format) by housing them at its own location or by coordinating and
managing all or part of collections of IDPs which are housed at other
Federal Depository Libraries.
``(c) Preservation Agreements With Other Entities.--In addition to
designating Preservation Depository Libraries under this section, the
Superintendent may enter in agreements with other entities to assist
the Superintendent with the preservation of information dissemination
products in the national collection under subchapter B.
``(d) Regulations.--The Superintendent shall carry out this section
in accordance with regulations promulgated under this subchapter. Under
such regulations, the Superintendent shall seek to designate
Preservation Depository Libraries in a manner which promotes geographic
diversity.
``Sec. 1747. Procedures for designation
``(a) In General.--The Superintendent of Documents may designate a
library as a Federal Depository Library under this subchapter if the
Library provides the Superintendent (at such time and in such form as
the Superintendent may require) such information and assurances as the
Superintendent may require to determine that the library will meet the
applicable requirements of this subchapter, in accordance with
regulations promulgated under this subchapter.
``(b) Termination of Designation.--
``(1) Termination.--The designation of a library as a
Federal Depository Library, Selective Depository Library,
Regional Depository Library, or Preservation Depository Library
under this subchapter may be terminated by the Superintendent
only--
``(A) if the Superintendent determines that the
library does not meet the applicable requirements for
designation under this subchapter; or
``(B) at the request of the library.
``(2) Criteria for determination.--The determination by the
Superintendent under subparagraph (A) of paragraph (1) shall be
made in accordance with regulations promulgated under this
subchapter which shall provide for a reasonable opportunity for
remediation.
``SUBCHAPTER E--SALES PROGRAM
``Sec. 1751. Sales program
``(a) Authorization of Sales Program.--
``(1) In general.--The Director of the Government
Publishing Office may operate a program for the sale of
information dissemination products to the public.
``(2) Format of products offered.--The Director may offer
products for sale under the program in any form or format
(including tangible and electronic), except that if the
Director makes alterations to the product by reformatting or
otherwise manipulating the original form or format of the
content of the product to prepare it for sale, the Director
must disclose such alterations on the product.
``(3) Exclusion of confidential materials.--The Director
may not offer any product for sale under the program if the
product is confidential in nature.
``(b) Acquisition of Products.--
``(1) Authorization of additional production or
procurement.--The Director of the Government Publishing Office
may produce or procure additional copies of IDPs for the use of
the sales program, so long as such production or procurement
does not interfere with the prompt execution of IDP production
or procurement for the Government.
``(2) Reprinting of documents.--In the case of an IDP which
consists of a document, the Director may from time to time
reprint additional copies of the document for sale under the
program, so long as the Director notifies the office which
created the IDP.
``(3) Blank forms.--The Director may print additional
copies of approved Government forms for sale to the public
under the sales program.
``(c) Resale by Commercial Vendors.--
``(1) Authorization of resale.--As part of the sales
program, the Director of the Government Publishing Office may
authorize the resale of IDPs by book dealers and other
commercial vendors, under such terms and conditions as the
Director may establish.
``(2) No effect on public access.--Nothing in paragraph (1)
may be construed to remove any IDP which is subject to resale
under such paragraph (including the original text and the
underlying data) from the public domain, or to waive any
requirement that the IDP be available for no-fee public access
under any other subchapter of this chapter.
``Sec. 1752. Determination of costs of products
``(a) Operation of Program on Self-Sustaining Basis.--To the
greatest extent feasible, the Director of the Government Publishing
Office shall operate the sales program under this subchapter on a self-
sustaining basis, so that the prices of the information dissemination
products sold will cover the cost of procurement or production,
dissemination, and other appropriate costs associated with the program
as determined by the Director, including the offering of sales
discounts.
``(b) Special Rule for Federal Depository Library Program.--The
Director of the Government Publishing Office shall ensure that any IDP
(regardless of form or format) which is made available for sale under
the sales program is offered to the Superintendent of Documents for
purposes of this chapter at no greater than the applicable price
described in subsection (a)(2) of section 1722.
``Sec. 1753. Inventory
``(a) Annual Inventory.--The Director of the Government Publishing
Office shall conduct an inventory of the sales program under this
subchapter each fiscal year and use the results of the inventory to
determine stock levels necessary for the next year.
``(b) Destruction or Remaindering of Inventory.--Prior to
destroying or remaindering any inventory of IDPs, the Director of the
Government Publishing Office shall first offer the inventory at no cost
to--
``(1) the Superintendent of Documents for purposes of the
other subchapters of this chapter; and
``(2) if the Superintendent rejects the offer, the office
which created the IDPs.
``SUBCHAPTER F--OTHER PROGRAMS AND AUTHORITIES
``Sec. 1761. By-law distribution program
``(a) House of Representatives and Senate.--For each fiscal year,
the Superintendent shall deliver information dissemination products to
the Clerk of the House of Representatives for use in the libraries of
the House and to the Secretary of the Senate for use in the libraries
of the Senate.
``(b) National Archives and Records Administration.--For each
fiscal year, the Superintendent shall deliver information dissemination
products to the National Archives and Records Administration for use by
the Archivist of the United States, including use by the Presidential
Library established for the President during whose term the IDPs were
produced, based on a determination made by the Archivist and the
Superintendent jointly of the number of IDPs necessary for the use of
the Archivist.
``(c) Foreign Dissemination.--
``(1) United states legations and consulates.--The
Superintendent may disseminate an information dissemination
product to a legation or consulate of the United States only if
the Secretary of State, by an order to be recorded in the State
Department, determines that the dissemination is suitable for
and required by the legation and consulate.
``(2) Foreign legations.--The Superintendent may
disseminate an information dissemination product to a foreign
legation to the United States only upon request of the
Secretary of State, and only in such number as the Secretary
provides in the request. The Superintendent may disseminate an
IDP to a foreign legation to the United States without cost
only if the government of such legation furnishes copies of its
printed and legislative documents to legations of the United
States.
``(d) Library of Congress and Congressional Research Service.--
``(1) Library of congress.--For each fiscal year, the
Superintendent shall furnish to the Library of Congress a
number of full and partial sets of information dissemination
products in a timely manner, based on a determination made by
the Librarian of Congress and transmitted to the Superintendent
of the number of sets necessary for the Library to provide
services to Congress and to maintain its collections for such
fiscal year.
``(2) Congressional research service.--For each fiscal
year, the Superintendent shall furnish to the Congressional
Research Service a number of full and partial sets of
information dissemination products in a timely manner, based on
a determination made by the Director of the Congressional
Research Service and transmitted to the Superintendent of the
number of sets necessary to provide services to Congress for
such fiscal year. The Director shall make a payment for the
costs incurred by the Superintendent in furnishing IDPs under
this paragraph, and for the related costs of carrying out this
paragraph, based on the incremental costs of printing, using
funds appropriated to the Director for such purpose.
``Sec. 1762. International Exchange Service Program
``(a) Dissemination Through Librarian of Congress.--For each fiscal
year, the Superintendent shall furnish a number of full and partial
sets of information dissemination products in a timely manner to the
Library of Congress to enable the Librarian of Congress to meet the
requirements of international exchange service programs for such fiscal
year, based on a determination made by the Librarian of Congress and
transmitted to the Superintendent of the number of sets necessary for
such purpose. The costs of carrying out this subsection shall be
charged to appropriations provided for the Superintendent for purposes
of this subsection.
``(b) International Exchange Service Programs Described.--In this
section, an `international exchange service program' is any program to
fully carry into effect the convention concluded at Brussels on March
15, 1886, and proclaimed by the President of the United States on
January 15, 1889, and all subsequent bilateral and multilateral
treaties and agreements under which copies of Government publications
are provided for distribution to foreign governments which agree, as
indicated by the Librarian of Congress, to send to the United States
similar publications of their governments for delivery to the Library
of Congress.
``Sec. 1763. Acceptance of gifts
``The Director of the Government Publishing Office may accept and
use gifts and bequests of property (both real and personal) and
services in support of the Superintendent's responsibilities under this
chapter.
``Sec. 1764. Authorities of Director of the Government Publishing
Office
``(a) Plenary Authority To Promote Public Access to Products.--
Consistent with this chapter and other applicable laws, the Director of
the Government Publishing Office may take such measures as the Director
considers necessary to ensure the timely dissemination of information
dissemination products to the public and to expand and improve the
maintenance of permanent public access to such products.
``(b) Regulations.--
``(1) In general.--The Director of the Government
Publishing Office may promulgate such regulations as the
Director considers necessary to carry out any subchapter of
this chapter on behalf of the Superintendent of Documents, in
accordance with the requirements of this section.
``(2) Application of administrative procedures.--The
promulgation of regulations by the Director pursuant to this
subsection shall be subject to the following laws:
``(A) Section 553 of title 5 (relating to notice
and comment requirements for agency rule making).
``(B) Chapter 7 of title 5 (relating to judicial
review of agency actions).
``(3) Mandatory review.--Three years after the promulgation
of any regulation pursuant to this subsection and every 3 years
thereafter, the Director shall conduct a review of the
regulation to determine whether or not the regulation should be
updated or repealed.
``(4) Permanent retention; public accessibility.--The
Director shall ensure that any regulation promulgated pursuant
to this subsection is retained permanently in the records of
the Government Publishing Office and is fully accessible to the
public.
``Sec. 1765. Source of funds used to carry out programs and activities
``The costs of carrying out any programs and activities under this
chapter shall be paid solely from a separate appropriation made for the
activities of the Superintendent of Documents (or from gifts and
bequests accepted under section 1763.
``Sec. 1766. Congressional oversight
``(a) Reports.--Not later than 45 days after the first 6 months of
each fiscal year, and not later than 45 days after the next 6 months of
each fiscal year, the Director of the Government Publishing Office
shall submit to the Joint Committee on Printing a report on the
activities of the Superintendent of Documents during the previous 6
months, and shall include in the report the following information:
``(1) Gifts accepted by the Director under section 1763,
including the donor, the amount, and the disposition.
``(2) Actions taken to ensure the protection of the privacy
of users of information dissemination products.
``(3) The status of the Depository Library Program under
subchapter D.
``(4) The status of any pending rules or regulations
proposed under this chapter.
``(5) Notifications received by the Superintendent of
Documents under section 1723(a).
``(6) Any information dissemination products replaced or
recalled under section 1727 from the national collection
established under subchapter B.
``(b) Posting for No-Fee Public Access.--At the time of submitting
a report under subsection (a) to the Joint Committee on Printing, the
Director of the Government Publishing Office shall post an electronic
version of the report on the Government Publishing Office's official
website for no-fee public access.''.
(b) Conforming Amendments to Title 44, United States Code.--
(1) Distribution of congressional documents for library of
congress and international exchange service programs.--Section
701 of title 44, United States Code, is amended--
(A) in subsection (b), by striking ``ten copies, as
provided by section 1718 of this title'' each place it
appears and inserting ``the number of copies determined
in accordance with section 1761(d) of this title''; and
(B) in subsection (c), by striking ``not to exceed
one hundred and fifty copies, as provided by section
1718 of this title'' and inserting ``the number of
copies determined in accordance with section 1761(d) of
this title''; and
(C) in subsection (c), by striking ``as provided by
sections 1718 and 1719 of this title'' and inserting
``as determined in accordance with sections 1761(d) and
1762 of this title''.
(2) Distribution of congressional record for library of
congress and international exchange programs.--Section 906 of
such title is amended by striking ``as provided by sections
1718 and 1719 of this title, not to exceed one hundred and
forty-five copies of the daily, five semimonthly copies, and
one hundred and fifty bound copies'' and inserting ``the number
of copies determined in accordance with sections 1761(d) and
1762 of this title''.
(3) Preparation of federal register and code of federal
regulations.--The last sentence of section 1504 of such title
is amended by striking ``by sections 1705 and 1708 of this
title'' and inserting ``by subchapter E of chapter 17 of this
title''.
(4) Other conforming amendments.--Title 44, United States
Code, is further amended by striking chapters 19 and 41.
(c) Clerical Amendments.--The table of chapters for title 44,
United States Code, is amended--
(1) by striking the item relating to chapter 17 and
inserting the following:
``CHAPTER 17--No-Fee Public Access to Government Information'';
and
(2) by striking the items relating to chapters 19 and 41.
SEC. 3. TRANSITION.
(a) Treatment of Individual Currently Holding Position of
Superintendent of Documents.--
(1) Permitting individual to serve on interim basis.--For
purposes of title 44, United States Code, as amended by this
Act, any individual who holds the position of Superintendent of
Documents as of the effective date of this Act shall be deemed
to meet the qualifications for such position under such title,
and shall be permitted to remain in that position after the
effective date of this Act until the Director of the Government
Publishing Office appoints an individual to serve as the
Superintendent of Documents under section 1702 of such title,
as amended by this Act. Nothing in this paragraph shall be
construed to prohibit the Director from appointing such an
individual as the Superintendent of Documents under section
1702 of such title, as amended by this Act.
(2) Special rule on compensation.--If an individual
described in paragraph (1) serves as Superintendent of
Documents pursuant to the authority of such paragraph after the
effective date of this Act, the individual shall receive
compensation for such service after such date at the same
annual rate of compensation the individual received as of the
effective date of this Act. If the Director of the Government
Publishing Office appoints the individual to serve as
Superintendent of Documents under section 1702 of title 44,
United States Code, as amended by this Act, the individual
shall be compensated in accordance with such section.
(b) Transition for Existing Depository Libraries.--For purposes of
chapter 17 of title 44, United States Code, as amended by this Act--
(1) each institution which, as of the effective date of
this Act, is designated as a depository library under chapter
19 of such title (as in effect prior to such date) shall be
deemed to have been designated as a Federal Depository Library
under chapter 17 of such title on the effective date of this
Act;
(2) each institution which, as of the effective of this
Act, is designated as a selective depository library under
chapter 19 of such title (as in effect prior to such date)
shall be deemed to have been designated as a Selective
Depository Library under chapter 17 of such title on the
effective date of this Act; and
(3) each institution which, as of the effective date of
this Act, is serving a regional depository library under
chapter 19 of such title (as in effect prior to such date)
shall be deemed to have been designated as a Regional
Depository Library under chapter 17 of such title on the
effective date of this Act.
SEC. 4. GAO STUDY AND REVIEW OF IMPLEMENTATION OF CHANGES TO RULES
GOVERNING PUBLIC ACCESS TO GOVERNMENT PUBLICATIONS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the implementation of chapter 17 of title 44, as
amended by this Act. Such study shall include an analysis of--
(1) the status of the implementation of such chapter;
(2) the extent of compliance by offices of the Federal
Government with the requirements of such chapter;
(3) the effectiveness of such chapter at meeting the needs
of the public and Federal Depository Libraries in providing
public access to government information; and
(4) other related issues determined appropriate by the
Comptroller General.
(b) Report.--Not later than 3 years after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
to the Joint Committee on Printing a report on the study conducted
under subsection (a).
SEC. 5. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall apply with respect to the first fiscal year which begins
after the date of the enactment of this Act and each succeeding fiscal
year.
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