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Coalition for Networked Information
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Information Policies: A Compilation of Position Statements, Principles,
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Statutes, and Other Pertinent Statements
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Depository Library Program
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United States Government Printing Office
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Washington, DC 20401
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Source: Chapter 19, Title 44, U.S. Code, Volume Eighteen, 1988
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Edition, United States Government Printing Office, Washington,
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1989, pages 557-561.
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Section
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1901. Definition of Government publication.
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1902. Availability of Government publications through
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Superintendent of Documents; lists of publications not
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ordered from Government Printing Office.
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1903. Distribution of publications to depositories; notice to Government
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components; costs of printing and binding.
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1904. Classified list of Government publications for selection by
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depositories.
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1905. Distribution to depositories; designation of additional libraries;
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justification; authorization for certain designations.
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1906. Land-grant colleges constituted depositories.
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1907. Libraries of executive departments, service academies, and
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independent agencies constituted depositories; certifications of need;
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disposal of unwanted publications.
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1908. American Antiquarian Society to receive certain publications.
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1909. Requirements of depository libraries; reports on conditions;
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investigations; termination; replacement.
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1910. Designations of replacement depositories; limitations on
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numbers; conditions.
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1911. Free use of Government publications in depositories; disposal of
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unwanted publications.
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1912. Regional depositories; designation; functions; disposal of
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publications.
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1913. Appropriations for supplying depository libraries; restriction.
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1914. Implementation of depository library program by Public Printer.
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1915. Highest State appellate court libraries as depository libraries.
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1916. Designation of libraries of accredited law schools as depository
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libraries.
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Amendments
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1978--Pub. L. 95-261, Section 2, Apr. 17, 1978, 92 Stat. 199, added item
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1916.
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1972--Pub. L. 92-368, Section 1(b), Aug. 10, 1972, 86 Stat. 507, added item
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1915.
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Federal Records Management Provisions Without Effect on Chapter
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Authority and responsibilities under chapter not limited or
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repealed by Federal Records Management Amendments of 1976, see
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section 5(b) of Pub. L. 94-575, set out as a note under section 2901
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of this title.
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Chapter Referred to in Other Sections
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This chapter is referred to in section 3317 of this title.
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Section 1901. Definition of Government publication.
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"Government publication" as used in this chapter, means
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informational matter which is published as an individual document as
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Government expense, or as required by law.
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(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1283.)
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Historical and Revision Notes
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Based on 44 U.S. Code, 1964 ed., Section 81a (Pub. L. 87-579,
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Section 1, Aug. 9, 1962, 76 Stat. 352).
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Section 1902. Availability of Government publications through
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Superintendent of Documents; lists of publications not ordered from
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Government Printing Office.
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Government publications, except those determined by their
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issuing components to be required for official use only or for strictly
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administrative or operational purposes which have no public interest
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or educational value and publications classified for reasons of national
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security, shall be made available to depository libraries through the
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facilities of the Superintendent of Documents for public information.
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Each component of the Government shall furnish the Superintendent of
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Documents a list of such publications it issued during the previous
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month, that were obtained from sources other than the Government
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Printing Office.
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(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1283)
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Historical and Revision Notes
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Based on 44 U.S. Code, 1964 ed., Section 81b (Pub. L. 87-579,
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Section 1, Aug. 9, 1962, 76 Stat 352).
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Section 1903. Distribution of publications to depositories; notice to
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Government components; cost of printing and binding.
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Upon request of the Superintendent of Documents, components of
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the Government ordering the printing of publications shall either
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increase or decrease the number of copies of publications furnished for
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distribution to designated depository libraries and State libraries so
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that the number of copies delivered to the Superintendent of Documents
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is equal to the number of libraries on the list. The number thus
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delivered may not be restricted by any statutory limitation in force on
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August 9, 1962. Copies of publications furnished the Superintendent of
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Documents for distribution to designated depository libraries shall
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include--the journals of the Senate and House of Representatives; all
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publications, not confidential in character, printed upon the requisition
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of a congressional committee; Senate and House public bills and
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resolutions; and reports on private bills, concurrent or simple
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resolutions; but not so-called cooperative publications which must
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necessarily be sold in order to be self-sustaining.
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The Superintendent of Documents shall currently inform the
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components of the Government ordering printing of publications as to
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the number of copies of their publications required for distribution to
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depository libraries. The cost of printing and binding those
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publications distributed to depository libraries obtained elsewhere
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than from the Government Printing Office, shall be borne by components
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of the Government responsible for their issuance; those requisitioned
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from the Government Printing Office shall be charged to
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appropriations provided the Superintendent of Documents for that
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purpose.
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(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1283.)
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Historical and Revision Notes
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Based on 44 U.S. Code, 1964 ed., Section 85 (part) (Mar.1, 1907,
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ch. 2284, Section 4, 34 Stat. 1014; June 25, 1938, ch. 708, 52 Stat. 1206;
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Aug. 9, 1962, Pub. L. 87-579, Section 5, 76 Stat. 354.)
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The last paragraph of former section 85 will be found in section
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1906 of the revision.
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Section 1904. Classified list of Government publications for selection by
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depositories.
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The Superintendent of Documents shall currently issue a
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classified list of Government publications in suitable form, containing
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annotations of contents and listed by item identification numbers to
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facilitate the selection of only those publications needed by depository
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libraries. The selected publications shall be distributed to depository
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libraries in accordance with regulations of the Superintendent of
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Documents, as long as they fulfill the conditions provided by law.
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(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1284.)
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Historical and Revision Notes
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Based on 44 U.S. Code, 1964, ed. Section 83 (R.S. Section 502; Jan.
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12, 1895, ch. 23, Sections 53, 61, 28 Stat. 608, 610; Aug. 9, 1962, Pub. L. 87-
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579, Section 3, 76 Stat. 353.)
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Section 1905. Distribution to depositories; designation of additional
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libraries; justification; authorization for certain designations.
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The Government publications selected from lists prepared by the
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Superintendent of Documents, and when requested from him, shall be
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distributed to depository libraries specifically designated by law and
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to libraries designate Senators, Representatives, and the Resident
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Commissioner from Puerto Rico, by the Commissioner of the District of
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Columbia, and by the Governors of Guam, American Samoa, and the
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Virgin Islands, respectively. Additional libraries within areas served
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by Representatives or the Resident Commissioner from Puerto Rico may
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be designated by them to receive Government publications to the extent
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that the total number of libraries designated by them does not exceed
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two within each area. Not more than two additional libraries within
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a State may be designated by each Senator from the State. Before an
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additional library within a State, congressional district or the
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Commonwealth of Puerto Rico is designated as a depository for
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Government publications, the head of that library shall furnish his
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Senator, Representative, or the Resident Commissioner from Puerto
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Rico, as the case may be, with justification of the necessity for the
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additional designation. The justification, which shall also include a
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certification as to the need for the additional depository library
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designation, shall be signed by the head of every existing depository
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library within the congressional district or the Commonwealth of
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Puerto Rico or by the head of the library authority of the State or the
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Commissioner of the Commonwealth of Puerto Rico, within which the
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additional depository library is to be located. The justification for
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additional depository library designations shall be transmitted to the
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Superintendent of Documents by the Senator, Representative, or the
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Resident Commissioner from Puerto Rico, as the case may be. The
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Commissioner of the District of Columbia may designate two
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depository libraries in the District of Columbia, the Governor of Guam
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and the Governor of American Samoa may each designate one
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depository library in Guam and American Samoa, respectively, and the
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Governor of the Virgin Islands may designate one depository library on
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the island of Saint Thomas and one on the island of Saint Croix.
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(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1284.)
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Historical and Revision Notes
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Based on 44 U.S. Code, 1964 ed., Section 82 (R.S. Section 501; Mar.
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1, 1907, ch. 2284, Section 4, 34 Stat. 1014; Aug. 9, 1962, Pub. L. 87-579,
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Section 2, 76 Stat. 353).
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Transfer of Functions
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The office of Commissioner of the District of Columbia, as
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established under Reorg. Plan No. 3 of 1967, eff. Nov. 3, 1967 (in part),
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32 F.R. 11669, 81 Stat. 948, was abolished as of noon Jan. 2, 1975, by Pub.
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L. 93-198, title VII, Section 711, Dec. 24, 1973, 87 Stat. 818, and replaced
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by the office of Mayor of the District of Columbia by section 421 of Pub.
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L. 93-198, classified to section 1-241 of the District of Columbia Code.
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District of Columbia Public Library as Depository
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Act Sept. 28, 1943, ch. 243, 57 Stat. 568, provided: "That the
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Public Library of the District of Columbia is hereby constituted a
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designated depository of governmental publications, and the
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Superintendent of Documents shall supply to such library one copy of
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each such publication, in the same form as supplied to other designated
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depositories."
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Section Referred to in Other Sections
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This section is referred to in section 1910 of this title; title 17
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section 707.
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Section 1906. Land-grant colleges constituted depositories.
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Land-grant colleges are constituted depositories to receive
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Government publications subject to the depository laws.
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(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1284.)
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Historical and Revision Notes
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Based on 44 U.S. Code, 1964 ed., section 85 (part) (Mar. 1, 1907,
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ch. 2284, Section 4, 34 Stat. 1014; June 25, 1938, ch. 708, 52 Stat. 1206;
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Aug. 9, 1962, Pub. L. 87-579, 76 Stat. 354).
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This section is from the last paragraph of former section 85; the
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remainder of that section will be found in section 1903 of the revision.
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Section 1907. Libraries of executive departments, service academies,
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and independent agencies constituted depositories; certifications of
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need; disposal of unwanted publications.
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The libraries of the executive departments of the United States
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Military Academy, of the United States Naval Academy, of the
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United States Air Force Academy, of the United States Coast Guard
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Academy, and of the United States Merchant Marine Academy are
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designated depositories of Government publications. A depository
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library within each independent agency may be designated upon
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certification of need by the head of the independent agency to the
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Superintendent of Documents. Additional depository libraries within
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executive departments and independent agencies may be designated to
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receive Government publications to the extent that the number so
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designated does not exceed the number of major bureaus or divisions of
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the departments and independent agencies. These designations may be
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made only after certification by the head of each executive department
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or independent agency to the Superintendent of Documents as to the
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justifiable need for additional depository libraries. Depository
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libraries within executive departments and independent agencies may
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dispose of unwanted Government publications after first offering them
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to the Library of Congress and the Archivist of the United States.
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(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1285.)
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Historical and Revision Notes
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Based on 44 U.S. Code, 1964 ed., section 87 (Jan. 12, 1895, ch. 23,
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Section 98, 28 Stat. 624; Aug. 9, 1962, Pub. L. 87-579, section 7, 76 Stat.
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355).
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Archivist of the United States
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References to Archivist of the United States deemed to refer to
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Archivist appointed under section 2103 of this title with respect to
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functions transferred by Pub. L. 98-497 or an amendment made by Pub. L.
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98-497 and exercised after Apr. 1, 1985, see sections 106 and 108 of Pub. L.
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98-497, set out as notes under section 2102 of this title.
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Section 1908. American Antiquarian Society to receive certain
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publications.
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One copy of the public journals of the Senate and of the House of
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Representatives, and of the documents published under the orders of
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the Senate and House of Representatives, respectively, shall be
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transmitted to the Executive of the Commonwealth of Massachusetts
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for the use and benefit of the American Antiquarian Society of the
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Commonwealth.
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(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1285.)
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Historical and Revision Notes
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Based on 44 U.S. Code, 1964 ed., Section 88 (Dec. 1, 1814, No. 7, 3
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Stat. 248).
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Section 1909. Requirements of depository libraries; reports on
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conditions; investigations; termination; replacement.
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Only a library able to provide custody and service for depository
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materials and located in an area where it can best serve the public
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need, served by existing depository libraries may be designated by
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Senators, Representatives, the Resident Commissioner from Puerto
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Rico, the Commissioner of the District of Columbia, or the Governors of
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Guam, American Samoa, or the Virgin Islands as a depository of
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Government publications. The designated depository libraries shall
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report to the Superintendent of Documents at least every two years
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concerning their condition.
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The Superintendent of Documents shall make firsthand
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investigation of conditions for which need is indicated and include the
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results of investigations in his annual report. When he ascertains that
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the number of books in a depository library is below ten thousand, other
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than Government publications, or it has ceased to be maintained so as to
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be accessible to the public , or that the Government publications which
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have been furnished the library have not been properly maintained, he
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shall delete the library from the list of depository libraries if the
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library fails to correct the unsatisfactory conditions within six months.
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The Representative or the Resident commissioner from Puerto Rico in
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whose area the library is located or the Senator who made the
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designation, or a successor of the Senator, and, in the case of a library in
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the District of Columbia, the Commissioner of the District of Columbia,
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and, in the case of the library in Guam, American Samoa, or the Virgin
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Islands, the Governor, shall be notified to designate another library
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within the area served by him, which shall meet the conditions herein
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required, but which may not be in excess of the number of depository
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libraries authorized by laws within the State, district, territory, or
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the Commonwealth of Puerto Rico, as the case may be.
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Historical and Revision Notes
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Based on 44 U.S.Code, 1964 ed., Section 86 (January 12, 1895), ch.
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23, Section 70, 28 Stat. 612; Aug. 9, 1962, Pub. L. 87-579, Section 6, 76
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Stat. 354).
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Transfer of Functions
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The office of Commissioner of the District of Columbia, as
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established under Reorg. Plan No. 3 of 1967, eff. Nov. 3, 1967 (in part),
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32 F.R. 11669, 81 Stat. 948, was abolished as of noon Jan. 2, 1975, by Pub.
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L. 93-198, title VII, Section 711, Dec. 24, 1973, 87 Stat. 818, and replaced
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by the office of Mayor of the District of Columbia by section 421 of Pub.
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L. 93-198, classified to section 1-241 of the District of Columbia Code.
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Section Referred to in Other Sections
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This section is referred to in section 1916 of this title.
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Section 1910. Designation of replacement depositories; limitations on
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numbers; conditions.
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The designation of a library to replace a depository library,
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other than a depository library specifically designated by law, may be
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made only within the limitations on total numbers specified by section
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1905 of this title, and only when the library to be replaced ceases to
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exist, or when the library voluntarily relinquishes its depository
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status, or when the Superintendent of Documents determines that it no
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longer fulfills the conditions provided by law for depository libraries.
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(Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1286.)
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Historical and Revision Notes
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Based on 44 U.S. Code, 1964 ed., Section 84 (June 23, 1913, ch. 3,
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section 5, 38 Stat. 75; Aug. 9, 1962, Pub. L. 87-579, section 4, 76
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Stat. 353).
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Section 1911. Free use of Government publications in depositories;
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disposal of unwanted publications.
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Depository libraries shall make Government publications
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available for the free use of the general public, and may dispose of
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them after retention for five years under section 1912 of this title, if the
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depository library is served by a regional depository library.
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Depository libraries not served by a regional depository library, or
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that are regional depository libraries themselves, shall retain
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Government publications permanently in either printed form or in
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microfacsimile form, except superseded publications or those issued
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later in bound form which may be discarded as authorized by the
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Superintendent of Documents.
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(Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1286.)
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Historical and Revision Notes
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Based on 44 U.S. Code, 1964 ed., section 92 (part) (Jan. 12, 1895,
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ch. 23, section 74, 28 Stat. 620; June 20, 1936, ch. 630, title VII, section 11,
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49 Stat. 1552; Aug. 9, 1962, Pub. L. 87-579, section 8, 76 Stat. 355).
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Section Referred to in Other Sections
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This section is referred to in section 19156 of this title.
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Section 1912. Regional depositories; designation; functions; disposal of
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publications.
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Not more than two depository libraries in each State and the
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Commonwealth of Puerto Rico may be designated as regional
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depositories, and shall receive from the Superintendent of Documents
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copies of all new and revised Government publications authorized for
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distribution to depository libraries. Designation of regional depository
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libraries may be made by a Senator or the Resident Commissioner from
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Puerto Rico within the areas served by them, after approval by the
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head of the library authority of the State or the Commonwealth of
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Puerto Rico, as the case may be, who shall first ascertain from the head
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of the library to be so designated that the library will, in addition to
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fulfilling the requirements for depository libraries, retain at least one
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copy of all Government publications either in printed or microfacsimile
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form (except those authorized to be discarded by the Superintendent of
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Documents); and within the region served will provide interlibrary
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loan, reference service, and assistance for depository libraries in the
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disposal of unwanted Government publications. The agreement to
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function as a regional depository library shall be transmitted to the
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Superintendent of Documents by the Senator or the Resident
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Commissioner from Puerto Rico when the designation is made.
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The libraries designated as regional depositories may permit
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depository libraries, within the areas served by them, to dispose of
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Government publications which they have retained for five years after
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first offering them to other depository libraries within their areas,
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then to other libraries.
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(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1286.)
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Historical and Revision Notes
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Based on 44 U.S. Code, 1964 ed., section 84a (Pub. L. 87-579,
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section 9, Aug. 9, 1962, 76 Stat. 355.)
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Section Referred to in Other Sections
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This section is referred to in section 1911 of this title.
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Section 1913. Appropriations for supplying depository libraries;
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restriction.
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Appropriations available for the Office of Superintendent of
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Documents may not be used to supply depository libraries documents,
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books, or other printed matter not requested by them, and their requests
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shall be subject to approval by the Superintendent of Documents.
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(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1286.)
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Historical and Revision Notes
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Based on 44 U.S. Code, 1964 ed., section 85a (June 27, 1956, ch. 453,
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section 101, 70 Stat. 369.)
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Section 1914. Implementation of depository library program by Public
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Printer.
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The Public Printer, with the approval of the Joint Committee on
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Printing, as provided by section 103 of this title, may use any measures
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he considers necessary for the economical and practical implementation
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of this chapter.
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(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1287.)
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Historical and Revision Notes
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Based on 44 U.S. Code, 1964 ed., section 81c (Pub. L. 87-579,
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section 10, Aug. 9, 1962, 76 Stat. 356.)
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Section 1915. Highest State appellate court libraries as depository
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libraries.
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Upon the request of the highest appellate court of a State, the
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Public Printer is authorized to designate the library of that court as a
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depository library. The provisions of section 1911 of this title shall not
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apply to any library so designated.
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(Added Pub. L. 92-368, section 1(a), Aug. 10, 1972, 86 Stat. 507.)
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Section 1916. Designation of libraries of accredited law schools as
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depository libraries.
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(a) Upon the request of any accredited law school, the Public
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Printer shall designate the library of such law school as a depository
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library. The Public Printer may not make such designation unless he
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determines that the library involved meets the requirements of this
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chapter, other than those requirements of the first undesignated
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paragraph of section 1909 of this title which relate to the location of
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such library.
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(b) For purposes of this section, the term "accredited law school"
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means any law school which is accredited by a nationally recognized
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accrediting agency or association approved by the Commissioner of
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Education for such purpose or accredited by the highest appellate court
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of the State in which the law school is located.
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(Added Pub. L. 95-261, section 1, Apr. 17, 1978, 92 Stat. 199.)
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Effective Date
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Section 3 of Pub. L. 95-261 provided that: "The amendments
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made by this Act [enacting this section] shall take effect on October 1,
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1978."
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