UNITED STATES GOVERNMENT PRINTING OFFICE

OFFICE OF THE PUBLIC PRINTER

May 29, 1997

The Honorable John W. Warner
Chairman
Joint Committee on Printing
Room 818, Hart Office Building
Washington, DC 20510

Dear Mr. Chairman:

At the hearing before the Senate Committee on Rules and Administration on April 24, 1997, I offered to provide legislative language to achieve reform of the public printing and documents chapters of Title 44, U.S. Code. The enclosed document, marked " Discussion Draft," (PDF only) contains suggestions for language changes developed by GPO staff. These can be grouped into three general categories: the transfer of JCP responsibilities to the Public Printer, the modernization of the chapter 19 provisions concerning the Depository Library Program, and miscellaneous changes to provide GPO with greater flexibility in the management of its operations. An itemized list of "Sections Amended" is provided with the enclosure.

Transfer of JCP Responsibilities. We suggest amending 44 U.S.C. 103 to limit the responsibility of the JCP to congressional publications. The JCP would retain its responsibilities under chapters 7 and 9 of Title 44, which deal with congressional publications (however, the 44 U.S.C. 902 authority of the JCP to appoint Congressional Record Indexers would be transferred to the Public Printer and the current appointees would be deemed GPO employees). Throughout Title 44 and the remainder of the U.S. Code, any other reference to the JCP with respect to any activity beyond congressional publications would be replaced with a reference to the Public Printer or the Government Printing Office (or, as in the case of the JCP's authority to resolve wage disputes under 44 U.S.C. 305, with a reference to some other appropriate mechanism). Some provisions that currently mention the JCP would simply be stricken wherever they are obsolete, as in the case of several provisions under chapter 5 dealing with paper contracts.

With the transfer of responsibilities, the Public Printer would be authorized under 44 U.S.C. 301 to "issue regulations, consistent with this title, [that he] considers necessary to carry out [his] duties and powers . . . and to remedy neglect, delay, duplication, and waste in the public printing and the distribution of Government publications." The Public Printer would exercise these authorities as an appointee of the President subject only to presidential removal, thereby remedying the separation of powers objection to control of the Public Printer by the JCP.

Suggested language is also provided to characterize GPO as "an instrumentality of the United States Government independent of the executive departments." This language is identical to the establishment clause of the General Accounting Office contained in the Budget and Accounting Act of 1921, as amended (31 U.S.C. 702). Its addition would clarify GPO's mission to serve all of the Federal Government, as currently provided under 44 U.S.C. 501, independent of executive branch control.

Modernization of Chapter 19. These provisions are substantially the same as those conveyed to the Senate Committee on Rules and Administration by letter dated August 22, 1996. They are based on suggestions for legislative changes considered by the Study to Identify Measures Necessary for a Successful Transition to a More Electronic Federal Depository Library Program (GPO: June 1996).

Greater Management Flexibility. We are using this opportunity for statutory reform to supply you with miscellaneous provisions that would improve the management of GPO operations, including our printing procurement and sales programs. Among these are provisions that would:

• authorize appropriations to cover GPO's administrative and overhead costs, including the administrative costs of the printing procurement program (this would reduce the cost of GPO products and services to Congress and Federal agencies)
• bring the guidelines for GPO's procurement authority into line with guidelines observed by the rest of the Government, especially with respect to contract negotiation authority, although the exemption from the Federal Acquisition Regulation (FAR) under the Federal Property and Administrative Procedures Act would be preserved (this would streamline and simplify GPO's procurement procedures while preserving GPO's open, competitive, and flexible printing procurement process)
• eliminate the requirement for a 50 percent markup on the prices of sales publications in favor of providing GPO with authority for more flexible pricing and marketing of sales publications while still requiring all costs to be recovered. In addition, the draft language includes a provision that would permit GPO to donate or transfer surplus property, consistent with authorities provided to other agencies (this would allow GPO, for example, to donate unsalable publications to schools or similar institutions rather than being restricted to selling them for their value as scrap)

In addition, we have suggested eliminating certain provisions of Title 44 that are obsolete or unnecessary.

Overall, these draft changes do not represent a complete overhaul of Title 44 but instead are intended to respond to the objectives for Title 44 reform outlined at the April 24, 1997, Senate Rules and Administration Committee hearing. Should you require further information on them, please do not hesitate to contact me.

Sincerely,

MICHAEL F. DiMARIO
Public Printer

Discussion Draft (PDF only)

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