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B-114829 1 (1975-06-27)

handle is hein.gao/gaobadcgs0001 and id is 1 raw text is: 
FILE:   B-114829


DATE: JUN 2 7 1975 ? 7/3


MATTER OF: Applicability of Depository Library Act to National
                Technical Information Service publications


DIGEST:


Legislative history of section of Depository Library Act
which exempts cooperative publications which must neces-
sarily be sold in order to be self-sustaining from free
distribution to designated depository libraries, indicates
that publications of National Technical Information Service
(NTIS) which are based on material furnished by other
agencies are deemed cooperative. Since statute establishing
NTIS provides that publications for special use and benefit
of private groups and individuals must be self-sustaining
while those issued primarily for general benefit of public
need not be, former category is exempt while latter is not.


          By letter dated December 30, 1974, the Public Printer, United
      States Government Printing Office (GPO), requested our decision as to
(     the applicability of the Depository Library Act of 1962, as amended,
      approved August 9, 1962, Pub. L. No. 87-579, 76 Stat. 352, 44 U.S.C.
      5§ 1901 et seL. (1970), to publications issued by the National
      Technical Information Service (NTIS), Department of Commerce. The
      matter arose out of a request by NTIS to GPO to discontinue the free
      distribution of certain NTIS publications.

          The Depository Library Act provides generally that all Government
     publications, with exceptions hereinafter noted, shall be made
     available to designated depository libraries throughout the United
     States.  Publications printed by GPO are to be distributed by the
     Superintendent of Documents and charged against GPO appropriations.
     Publications printed or processed elsewhere than at GPO are to be
     furnished by the issuing agency to the Superintendent of Documents
     for  appropriate distribution. The cost of printing and binding such
     publications is to be borne by the issuing agency.

          NTIS evolved from the mandate of the Act approved September 9,
      1950, ch. 936, 64 Stat. 823, 15 U.S.C. 5 1151 et seg.(1970), which
      directed the Secretary of Commerce to establish and maintain within
      the Department of Commerce a clearinghouse for the collection and
      dissemination of scientific, technical, and engineering information.
      The purpose of this enactment was to make the results of technological
      research available to industry, business, and the general public.


                   0OLLER
                             THE  COMPTROLLER GENERAL
DECiSION                     OF   THE UNITE3 STATES
                          Z  WASHINGTON, D.C. 20548
                    t NwITID

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