[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9490 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9490
To revise certain authorities of the Government Publishing Office, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 6, 2024
Mr. Steil introduced the following bill; which was referred to the
Committee on House Administration, and in addition to the Committee on
Oversight and Accountability, 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 revise certain authorities of the Government Publishing Office, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``GPO Modernization
Act of 2024''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Section 1. Short title; table of contents.
TITLE I--SALES PROGRAMS
Sec. 101. Sale of Government documents.
TITLE II--PUBLIC INFORMATION PROGRAMS
Sec. 201. Purpose and establishment.
Sec. 202. Definitions.
Sec. 203. Availability of Government publications.
Sec. 204. Selections available to depository libraries.
Sec. 205. Distribution to depositories.
Sec. 206. Conforming amendment related to libraries of executive
departments.
Sec. 207. Requirements for depository libraries.
Sec. 208. Free use of Government public information in depositories.
Sec. 209. Regional depositories.
Sec. 210. Cataloging and access.
Sec. 211. National Collection of United States Public Information.
Sec. 212. Printing or publication of Congressional Directory.
TITLE III--ADMINISTRATIVE PROVISIONS
Sec. 301. Digital publishing services.
Sec. 302. Acceptance of gifts.
Sec. 303. Simplified acquisitions.
Sec. 304. Supplies or services.
Sec. 305. Detail of employees.
Sec. 306. Appointment of persons to confidential or policymaking
positions.
Sec. 307. Leave carryover for certain Government Publishing Office
positions.
TITLE I--SALES PROGRAMS
SEC. 101. SALE OF GOVERNMENT DOCUMENTS.
(a) Authority of Superintendent of Documents.--Section 1702 of
title 44, United States Code, is amended--
(1) in the first undesignated paragraph, by striking ``The
Director'' and inserting ``(a) Appointment.--The Director'';
(2) in the second undesignated paragraph--
(A) by striking ``When an officer'' and inserting
``(b) Receipt and Sale.--When an officer''; and
(B) by striking ``who shall receive and sell'' and
inserting ``who may receive and sell''; and
(3) in the third undesignated paragraph, by striking ``The
Superintendent of Documents'' and inserting ``(c) Reports and
Distribution.--The Superintendent of Documents''.
(b) Remove Requirement for Approval From Department in Which
Document Originated.--Section 1707 of such title is amended by striking
``, subject to the approval of the Secretary or head of the department
in which the public document originated''.
(c) Prices; Resale Authority.--Section 1708 of such title is
amended to read as follows:
``Sec. 1708. Prices for sales copies of publications; crediting of
receipts; resale by dealers; sales agents
``(a) Prices.--The price at which additional copies of Government
publications are offered for sale to the public by the Superintendent
of Documents shall be based on the cost as determined by the Director
of the Government Publishing Office plus a premium to cover the costs
of sale and delivery. A discount may be allowed as determined by the
Superintendent of Documents.
``(b) Resale Authority.--The Superintendent of Documents may
prescribe terms and conditions under which he authorizes the resale of
Government publications by book dealers, and he may designate any
Government officer his agent for the sale of Government publications
under regulations agreed upon by the Superintendent of Documents and
the head of the respective department or establishment of the
Government.''.
(d) Authority of Superintendent of Documents To Establish
Requirements for Distribution, Sale, and Disposal of Unneeded
Documents.--Section 1720 of such title is amended by striking
``distribution or sale'' and inserting ``distribution, sale, or
disposal in accordance with requirements established by the
Superintendent of Documents''.
TITLE II--PUBLIC INFORMATION PROGRAMS
SEC. 201. PURPOSE AND ESTABLISHMENT.
Chapter 19 of title 44, United States Code, is amended by inserting
before section 1901 the following new section:
``Sec. 1900. Purpose and establishment of the public information
programs of the Superintendent of Documents
``(a) The purposes of this chapter are the following:
``(1) To ensure the public's right to free, equitable, and
convenient access to Government public information.
``(2) To establish the Public Information Programs of the
Superintendent of Documents in the Government Publishing
Office, that together, function to identify, acquire, catalog,
preserve, authenticate, disseminate, reformat, and provide no-
fee permanent public access to the corpus of Government public
information for future generations, including the following
programs and activities:
``(A) The Federal Depository Library Program.
``(B) The Cataloging and Access Services Program.
``(C) Online System of Access.
``(D) The National Collection of U.S. Government
Public Information.
``(E) Preservation Program.
``(F) Sales to the Public.
``(b) The Superintendent of Documents shall engage in activities
that enhance awareness and access to Government public information or
provide services that support libraries in their efforts to serve their
communities.''.
SEC. 202. DEFINITIONS.
Section 1901 of such title is amended to read as follows:
``Sec. 1901. Definitions
``In this chapter--
``(1) the term `access services' means those functions or
services which enable or enhance discovery, awareness, and use
of Government public information in the National Collection of
U.S. Government Public Information, and Federal documents
collections held by Federal depository libraries;
``(2) the term `Government public information' means
Federal Government publications or information resources,
regardless of physical form or medium, compiled by Government
employees, or at Government expense, or as required by law, and
disseminated to the public by an agency or a contractor thereof
or of educational value, including such publications or
information resources which have been declassified;
``(3) the term `Government publication' means informational
matter which is published as an individual document at
Government expense, or as required by law;
``(4) 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;
``(5) the term `information lifecycle management' means the
process of planning, budgeting, administering, processing, and
controlling information, whether in the form of a tangible or
digital information asset, throughout the stages of the asset,
including the asset's--
``(A) creation, identification, and acquisition;
``(B) organization, bibliographic control, and
metadata;
``(C) preservation, digitization, and reformatting;
``(D) authentication, access, and dissemination;
``(E) promotion;
``(F) storage; and
``(G) management through a trusted digital
repository;
``(6) the term `permanent public access' means making
Government public information resources discoverable and
available to, and accessible by, the public on an indefinite,
continuing basis, without charge;
``(7) the term `preservation' means strategic initiatives,
programs, and processes designed to maintain useful access to
information assets, serving the information needs of both
present and future generations; and
``(8) the term `unreported public information' means
Government public information which is not cataloged or
otherwise identifiable or retrievable by an end user of the
catalog described in section 1917.''.
SEC. 203. AVAILABILITY OF GOVERNMENT PUBLICATIONS.
Section 1902 of such title is amended to read as follows:
``Sec. 1902. Availability of Government publications through
Superintendent of Documents; notification of publications
not ordered from Government Publishing Office
``(a) Availability.--The Superintendent of Documents shall make
Government public information available to depository libraries through
the Superintendent of Documents Public Information Programs.
``(b) Requirements.--Each component of the Government shall--
``(1) notify the Superintendent of Documents of tangible
Government public information content it has issued that is not
also available digitally;
``(2) notify the Superintendent of Documents of digital
Government public information content it has issued;
``(3) collaborate with the Superintendent of Documents to
ensure any such digital Government public information remains
permanently accessible; and
``(4) furnish to the Superintendent of Documents any
tangible Government public information it has issued that was
obtained from sources other than the Government Publishing
Office, unless other arrangements have been made with the
Superintendent of Documents to ensure the information is
accessible to depository libraries.
``(c) Exceptions.--The requirements of subsection (b) do not apply
to Government public information that is confidential in character or
classified for reasons of national security.''.
SEC. 204. SELECTIONS AVAILABLE TO DEPOSITORY LIBRARIES.
Section 1904 of such title is amended to read as follows:
``Sec. 1904. Selections available to depository libraries
``The Superintendent of Documents shall notify depository libraries
of those Government public information products, regardless of format,
that are available for selection for inclusion in their depository
collections.''.
SEC. 205. DISTRIBUTION TO DEPOSITORIES.
Section 1905 of title 44, United States Code, is amended to read as
follows:
``Sec. 1905. Distribution to depositories; designation of additional
libraries; justification; authorization for certain
designations
``(a) Government public information available from the
Superintendent of Documents, and when requested from the Superintendent
of Documents, shall be distributed or made accessible to depository
libraries specifically designated by law and to libraries designated
pursuant to this section.
``(b) Libraries within areas served by Members of the House,
Delegates, or the Resident Commissioner from the Commonwealth of Puerto
Rico may be designated by them to receive Government public information
to the extent that the total number of libraries designated by them
does not exceed two within each area.
``(c) Not more than two additional libraries within a State may be
designated by each Senator from the State.
``(d) The Mayor of the District of Columbia may designate two
depository libraries in the District of Columbia.
``(e) The Governor of the Commonwealth of Puerto Rico, the Governor
of Guam, the Governor of American Samoa, and the Governor of the
Commonwealth of the Northern Mariana Islands may each designate one
depository library in the Commonwealth of Puerto Rico, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
respectively. The Governor of the United States Virgin Islands may
designate one depository library on the island of Saint Thomas and one
on the island of Saint Croix.
``(f) The Superintendent of Documents may designate libraries to be
digital-only depository libraries for Government public information if
they are located in an area with no congressional vacancies and they
are not eligible to be designated under existing by-law library
provisions of this section. Digital-only depository libraries must be
freely accessible to and provide services for the general public and
otherwise meet the requirements of this title.
``(g) Before a library is designated as a depository for Government
public information, the Superintendent of Documents shall assess the
potential depository library to determine its sustainability for
housing a depository collection and for providing access services,
including providing access to digital content. The head of that library
shall furnish justification of the necessity for the additional
designation to the library's Senator, Member of the House, Delegate,
Resident Commissioner from the Commonwealth of Puerto Rico, or the
Mayor of the District of Columbia or Governor, as the case may be. The
justification shall also include the assessment of the Superintendent
of Documents. The justification for depository library designations
shall be transmitted to the Superintendent of Documents by the Senator,
Member of the House, Delegate, the Resident Commissioner from the
Commonwealth of Puerto Rico, or the Mayor of the District of Columbia
or Governor, as the case may be.''.
SEC. 206. CONFORMING AMENDMENT RELATED TO LIBRARIES OF EXECUTIVE
DEPARTMENTS.
Section 1907 of title 44, United States Code, is amended--
(1) in the first sentence, by striking ``Government
publications'' and inserting ``Government public information'';
and
(2) in the last sentence, by striking ``Library of Congress
and the Archivist of the United States'' and inserting
``Superintendent of Documents''.
SEC. 207. REQUIREMENTS FOR DEPOSITORY LIBRARIES.
Section 1909 of title 44, United States Code, is amended to read as
follows:
``Sec. 1909. Requirements of depository libraries; reports on
conditions; consultations and training; termination;
replacement
``(a) Only a library able to provide access to, custody of, and
services for deposited materials or access to and services for online
digital content and located in an area where it can best serve the
public need may be designated as a depository library. The designated
depository libraries shall report to the Superintendent of Documents at
least every two years concerning their condition.
``(b) The Superintendent of Documents shall regularly assess
conditions in depository libraries. The Superintendent of Documents
shall provide needed training and support by making visits to
depository libraries or by other means and include the results of
consultations in the Superintendent of Documents' annual report. When
the Superintendent of Documents ascertains that the designated
depository 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, the Superintendent of
Documents shall remove the library from the directory of depository
libraries if the library fails to correct the unsatisfactory conditions
within an agreed upon time frame. A library may be designated, pursuant
to section 1905 of this chapter, to replace a library deleted by the
Superintendent of Documents, provided that the designation may not be
in excess of the number of depository libraries authorized by law.''.
SEC. 208. FREE USE OF GOVERNMENT PUBLIC INFORMATION IN DEPOSITORIES.
Section 1911 of title 44, United States Code, is amended to read as
follows:
``Sec. 1911. Free use of Government public information in depositories;
disposal of unwanted Government public information
``(a) Free Use of the General Public.--Depository libraries shall
make Government public information available for the free use of the
general public.
``(b) Digital Information Substitutes.--Depository libraries may
substitute digital information for tangible publications in accordance
with Superintendent of Documents policy and guidance. Depository
libraries may dispose of tangible publications which are Government
property after retention for five years under section 1912 of this
title, if the depository library is served by a regional depository
library.
``(c) Disposal.--A depository library not served by a regional
depository library, or that is a regional depository library, may
dispose of unwanted Government public information, superseded
publications, or those issued later in bound form in accordance with
Superintendent of Documents policy and guidance.''.
SEC. 209. REGIONAL DEPOSITORIES.
Section 1912 of title 44, United States Code, is amended to read as
follows:
``Sec. 1912. Regional depositories; designation; functions; shared
responsibilities, disposal of publications
``(a) Not more than two depository libraries in each State and the
Commonwealth of Puerto Rico may be designated as regional depositories
and shall receive from the Superintendent of Documents copies of or
access to all new and revised Government publications authorized for
dissemination to depository libraries. Designation of regional
depository libraries may be made by a Senator or the Resident
Commissioner from Puerto Rico within the areas served by them. Prior to
the designation the Superintendent of Documents shall consult with the
head of the potential regional depository library and ascertain that
the library will fulfill the requirements for depository libraries. The
agreement to function as a regional depository library shall be
transmitted to the Superintendent of Documents by the Senator or the
Resident Commissioner from Puerto Rico when the designation is made.
``(b) Regional depository libraries shall retain at least one copy
of all Government publications received, except those authorized to be
discarded by the Superintendent of Documents policy and guidance or
covered by collaborative agreements approved by the Superintendent of
Documents, or make accessible digital versions (in accordance with
Superintendent of Documents policy) and, within the area served, will
provide leadership and coordination for the provision of program-
related activities for depository libraries.
``(c) Regional depository libraries from different States may share
responsibilities by entering into agreements in accordance with
Superintendent of Documents guidance and upon approval of a Senator
from each of the States.
``(d) The Superintendent of Documents shall establish not fewer
than four multistate collection service areas to support collaborative
collection and service coordination among depository libraries within
such area.
``(e) Publications distributed by the Superintendent of Documents
to depository libraries are holdings of the National Collection of U.S.
Government Public Information and remain the property of the United
States Government. Libraries designated as regional depositories will
coordinate with the Superintendent of Documents on the disposition of
Government Publications from depository libraries, within the areas
served by them, which the depository library has retained for five
years or when the depository library is relinquishing its depository
designation. The Superintendent of Documents shall manage the National
Collection of U.S. Government Public Information to maximize the access
to, use of, and preservation of Government information in the
depository library program.''.
SEC. 210. CATALOGING AND ACCESS.
(a) In General.--Chapter 19 of title 44, United States Code, is
amended by adding at the end the following new section:
``Sec. 1917. Cataloging and access services
``(a) Cataloging Described.--The Superintendent of Documents shall
provide descriptive cataloging records for the corpus of Government
public information. The cataloging records shall be created using
library or information industry standards and best practices and shall
include metadata elements in accordance with Superintendent of
Documents policy.
``(b) Access and Awareness Services.--The Superintendent of
Documents shall engage in activities that enhance access to and
awareness of Government public information or provide services that
support libraries or library support organizations in their efforts to
serve their communities' Government information needs.
``(c) Specific Access Services.--
``(1) The Superintendent of Documents shall maintain an
online comprehensive catalog of historical and current,
tangible and digital Government public information cataloged
under subsection (a), and such catalog shall show where the
Government public information may be obtained or accessed. The
catalog shall be machine- or device-independent and available
for free use by the public.
``(2) The Superintendent of Documents shall carry out a
program to bring unreported Government public information under
bibliographic control and to make records associated with such
information available through the catalog established by this
section and such other methods as may be appropriate.
``(3) The Superintendent of Documents may make the records
of such catalog available to Federal depository libraries,
bibliographic utilities that support widely available record
sharing, or other entities that make available Government
public information.
``(4) The Superintendent of Documents may accept records
for inclusion in such catalog from libraries and agencies of
the Federal Government, Federal depository libraries,
bibliographic utilities that support widely available record
sharing, or other entities that make available Government
public information.
``(5) The Superintendent of Documents may acquire digital
Government public information for inclusion in the Cataloging
and Access Services Program, Federal Depository Library
Program, and GPO's System of Online Access through automated
and manual harvesting of public websites. Such content will be
cataloged, made accessible through the catalog established
under this subsection, and preserved.''.
(b) Conforming Amendments.--Chapter 17 of such title is amended by
repealing sections 1710 and 1711.
SEC. 211. NATIONAL COLLECTION OF UNITED STATES PUBLIC INFORMATION.
(a) In General.--Chapter 19 of title 44, United States Code, is
amended by adding at the end the following new section:
``Sec. 1918. National Collection of United States Public Information
``(a) Establishment and Purpose.--
``(1) Establishment.--There is hereby established a
National Collection of United States Government Public
Information (referred to in this chapter as the `National
Collection').
``(2) Purpose.--The Federal Government's publications and
information are national assets and resources. Their
availability and accessibility ensures an informed citizenry
and an improved quality of life for them while spurring
innovation. The National Collection is established to ensure
the public's right to free, equitable, and convenient access to
Government public information.
``(b) Scope of the National Collection.--The content included in
the National Collection is the corpus of Government public information.
``(c) Responsibilities of the Superintendent of Documents.--The
Superintendent of Documents shall administer the National Collection
and shall--
``(1) guarantee free permanent public access to the
geographically distributed National Collection;
``(2) apply information lifecycle management best practices
to the National Collection;
``(3) acquire and bring under bibliographic control public
Government information products, regardless of format, in scope
of the National Collection;
``(4) ensure a minimum of four tangible copies of
distributed publications exist in the depository library
program distributed geographically in four National Collection
service areas; and
``(5) collaborate with stakeholders, including the Library
of Congress, libraries of the United States, Federal agencies,
Congress, the Judiciary, and Federal Depository Library Program
member libraries in as much as is practicable, to ensure
preservation, comprehensiveness, and accessibility of the
National Collection.
``(d) Responsibilities of the Director of the Government Publishing
Office.--The Director of the Government Publishing Office, acting
through the Superintendent of Documents, shall--
``(1) operate a digital repository system that functions as
the Government Publishing Office's online system of access
through which members of the public may obtain, at no charge,
information that is included in the National Collection;
``(2) develop and enhance such system as needed;
``(3) digitize, authenticate, manage, preserve, and provide
a permanent means of accessing information;
``(4) provide access to information in an open format to
the extent practicable;
``(5) provide funding for system development, operational
support, and infrastructure; and
``(6) have the ability to provide services to Federal
agencies for the purpose of carrying out this title.''.
(b) Conforming Amendment.--Chapter 41 of title 44, United States
Code, is hereby repealed.
SEC. 212. PRINTING OR PUBLICATION OF CONGRESSIONAL DIRECTORY.
Section 721 of title 44, United States Code, is amended to read as
follows:
``Sec. 721. Congressional Directory
``There shall be prepared under the direction of the Joint
Committee on Printing (1) a Congressional Directory, which shall be
printed or published and such printed or published Congressional
Directory shall be distributed as early as practicable during the first
session of each Congress and (2) a supplement to each Congressional
Directory, which shall be printed or published and such printed or
published supplement shall be distributed as early as practicable
during the second regular session of each Congress. The Joint Committee
shall control the number and distribution of the Congressional
Directory and each supplement.''.
TITLE III--ADMINISTRATIVE PROVISIONSSEC. 301. DIGITAL PUBLISHING
SERVICES.
Section 502 of title 44, United States Code, is amended--
(1) in the section heading, by inserting ``, publishing''
after ``binding''; and
(2) in the text, by inserting ``, publishing'' after
``binding''.
SEC. 302. ACCEPTANCE OF GIFTS.
(a) Authorizing Acceptance of Gifts.--Section 318(a) of title 44,
United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) in accordance with subsection (c), accept, hold,
administer, and utilize gifts and bequests of property for the
purpose of aiding or facilitating the work of the Government
Publishing Office.''.
(b) Authority Described.--Section 318 of such title is amended by
adding at the end the following new subsection:
``(c)(1) Gifts and bequests of money and the proceeds from sales of
other property received as gifts or bequests shall be deposited in the
Revolving Fund established under section 309 of this title and shall be
used solely for governmental purposes.
``(2) Property accepted pursuant to this provision, and the
proceeds thereof, shall be used as nearly as possible in accordance
with the terms of the gift or bequest.
``(3) For purposes of Federal income, estate, or gift taxes,
property accepted under this section shall be considered as a gift,
devise, or bequest to the United States.''.
(c) Technical Amendment.--The heading of section 318 of such title
is amended by adding ``; gift acceptance'' at the end.
SEC. 303. SIMPLIFIED ACQUISITIONS.
Section 311 of title 44, United States Code, is amended--
(1) in the section heading, by striking ``small purchase''
and inserting ``simplified acquisition'';
(2) by amending subsection (b) to read as follows:
``(b) In addition to the authority to negotiate otherwise provided
by law, the Director of the Government Publishing Office may negotiate
purchases and contracts for supplies or services for which the Director
of the Government Publishing Office determines that it is impracticable
to secure competition by advertising. The Director of the Government
Publishing Office may designate one or more employees of the Government
Publishing Office to carry out this subsection.''; and
(3) in subsection (c), by striking ``$100,000'' and
inserting ``$250,000''.
SEC. 304. SUPPLIES OR SERVICES.
Section 314 of title 44, United States Code, is amended--
(1) in the section heading, by striking ``inks, glues, and
other supplies'' and inserting ``supplies or services'';
(2) by striking ``Inks, glues, and other supplies
manufactured'' and inserting ``Supplies manufactured or
services performed''; and
(3) by inserting ``publishing'' after ``in connection with
its''.
SEC. 305. DETAIL OF EMPLOYEES.
Section 316 of title 44, United States Code, is amended by striking
``and binding'' inserting ``, binding, and publishing''.
SEC. 306. APPOINTMENT OF PERSONS TO CONFIDENTIAL OR POLICYMAKING
POSITIONS.
Section 305 of title 44, United States Code, is amended--
(1) by striking the third sentence; and
(2) by adding at the end the following:
``(c) The Director of the Government Publishing Office may appoint
without competitive procedures and fix the compensation of not more
than four qualified individuals to serve in confidential or
policymaking roles at a rate not to exceed an amount equal to the
maximum rate of basic pay for the Senior Executive Service under
subchapter VIII of chapter 53 of title 5, United States Code, for the
locality involved. Persons appointed under this subsection serve at the
pleasure of the Director.''.
SEC. 307. LEAVE CARRYOVER FOR CERTAIN GOVERNMENT PUBLISHING OFFICE
POSITIONS.
Section 6304(f)(1) of title 5, United States Code, is amended--
(1) in subparagraph (G), by striking ``or'';
(2) in the first subparagraph (H), by striking the period
and inserting a semicolon;
(3) in the second subparagraph (H)--
(A) by redesignating such subparagraph as
subparagraph (I); and
(B) by striking the period at the end and inserting
``; or''; and
(4) by adding at the end the following:
``(J) a position in the Government Publishing
Office senior level service.''.
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