GPO options about shared regionals and ASERL?
From: Romans, Larry (larry.romansVanderbilt.Edu)
Date: Fri, 21 Oct 2011 09:42:55 -0700 (PDT)

Judy and John,

 

I am rather concerned that GPO and ASERL are not talking together to resolve their conflicts of opinion. What’s being posted on ASERL sites seems to describe a situation that has little relation to the situation discussed on GOVDOC-L – somewhat like listening to news reports on health care from Fox News vs. MSNBC.  Letters from ARL and CIC supporting ASERL

 

While I would like to see GPO be flexible about shared regionals and GPO work with ASERL to make the Centers of Excellence program successful, what I have heard from folks across the aisle is that GPO's hands are tied.  They say that in 2007 Congress's Joint Committee on Printing asked the Congressional Research Service (CRS) for an opinion on the legality of shared regionals. CRS said that GPO cannot interpret the stature to allow shared regionals, so JCP refused to approve any more shared regionals.

 

A message (excerpted below) posted by Suzanne Sears on GOVDOC-L is a rather succinct statement of that view. I am posting this message to GOVDOC-L, because so many documents staff members will be affected by this situation and I think it’s helpful for all of us to share information.

 

Would you please respond to this on the various ASERL web sites and also post your response on GOVDOC-L?

 

Larry

 

An excerpt of Suzanne’s post:

 

In September 2007, then Acting Public Printer William Turri sent a letter to the JCP seeking approval of the Kansas-Nebraska proposal http://www.fdlp.gov/home/repository/doc_download/49-letter-from-acting-public-printer-william-turri-to-the-honorable-robert-brady.  The response letter from the Honorable Robert Brady to Public Printer Robert Tapella in February 2008 http://www.fdlp.gov/home/repository/doc_download/50-letter-from-the-honorable-robert-brady, states that the JCP sought legal guidance on this issue from the Congressional Research Service (CRS).  It further states "CRS concluded that neither the language nor legislative history of 44 U.S.C. 1914 supports GPO’s interpretation of the statute. After careful review, the Joint Committee finds the CRS analysis persuasive; if the Public Printer may not authorize shared regional depository libraries under 44 U.S.C.1914, the JCP cannot approve such action."  Now that a legal opinion exists, GPO cannot simply ignore it. 

 

In point 2, there is a quote from Title 44 regarding the authority of Senators to designate regional libraries.  Part of that quote is "within the areas served by them."  I am no lawyer, but I do know that Senators serve states, so the areas served by them would be the state that elected them.  To me this means that Senators are not authorized to choose a library from outside their state to serve as a regional for their state.  This is my opinion.

 

Larry Romans,

Vanderbilt University Libraries,

Nashville, TN 37203-2427

larry.romans [at] vanderbilt.edu

(615) 322-2838

 

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