5.14 Discarding Depository Materials

To help manage the depository collection, some broad guidelines for retention and discarding materials exist. In general, all government publications supplied to your depository library under the FDLP remain the property of the United States Government and may not be disposed of, except as outlined in this Handbook. All depository materials MUST be housed in a manner that facilitates preservation and access.

5.14.A Retention Guidelines

Retention guidelines vary by the type of depository library. Regional depository libraries have different retention guidelines from selectives. Also, federal libraries that are designated depositories have different retention guidelines.

The principal responsibility of a regional depository library is to ensure the comprehensiveness and integrity of the government information resources in the State or region. Therefore, if your library is a regional depository, the library MUST receive and permanently retain at least one copy of every publication received through depository distribution, except for those publications listed as superseded in the Superseded List.

If your library is a selective depository served by a regional depository, you MUST retain for the statutory minimum period of five years from receipt after securing permission from the regional library for disposal in accordance with the provisions of Title 44, United States Code, Section 1912.

Federal agency libraries that are designated as depositories have different depository retention periods; they have no prescribed retention period.

5.14.B Discards by Selective Depositories

• Title 44, United States Code, Section 1912, authorizes regional depositories to permit selective depository libraries for which they have responsibility to dispose of Government publications which have been retained for at least five years from receipt. Discarding is a privilege granted by the regional depository library and not a right of the selective. The regional library may refuse to grant permission for disposal of any publication that it feels should be kept by one of its depositories for a longer period of time. In order to ensure the effective functioning of the FDLP, depository libraries are expected to cooperate with GPO, their regional library and neighboring depositories. The documents coordinator MUST have a thorough knowledge of the existing guidance and policies of the FDLP.
• Regional depositories may allow selective depositories in their region to dispose of depository materials they have held for the five year statutory minimum. They will establish written procedures and guidelines for the transfer of these materials to other depository libraries in the region. Materials authorized to be discarded by the Superintendent of Documents do not require permission for disposal from the regional library (see Title 44, United States Code, section 1912).
• If your depository library is not served by a designated regional depository, you MUST permanently retain one copy of all Government publications received through depository distribution. The only exceptions are for superseded publications, and those issued later in another format (bound, microfiche, or electronic media). Government publications received from sources other than the FDLP may be disposed of as secondary copies or at the discretion of the individual libraries.
• If your depository library is served by a regional depository, you may dispose of any non-superseded publication which has been retained for at least five years from receipt, only after obtaining permission and receiving instructions for such disposition from the regional depository designated to serve your area. Provided permission is received from the regional, and the regional rules for discard have been followed, a title may be disposed of before five years when an electronic equivalent is substituted according to the FDLP Guidelines on Substituting Electronic for Tangible Versions of Depository Publications.
• In order to reduce the burden on regional depository operations, discards of depository materials should be done on a regular basis, annually at a minimum.
• A depository is permitted to replace tangible versions with electronic equivalents provided the electronic version is complete, official, and permanently accessible. GPO Access databases on the FDLP Guidelines on Substituting Electronic for Tangible Versions of Depository Publications meet these requirements. In keeping with the free access provisions of the FDLP, as required by law, Government information in electronic form MUST be free of charge to the user. Retention of substituted materials MUST follow retention rules for the given depository. For example, a selective depository may substitute materials if held less than 5 years, MUST offer the tangible products to the Regional, and must receive permission from the Regional to dispose of the tangible material. If permission is not granted, the selective MUST keep the tangible material but may apply at a later date for approval to dispose of the tangible products. If permission is granted, the tangible materials MUST be offered to the Regional and other selectives through disposal lists, Needs and Offers, etc., as is the practice for materials older than 5 years. Because of the various methods of record keeping employed by depository libraries (manual files, online records, etc.), your depository MUST obtain guidance from the regional regarding the format and procedures to be followed in formulating discard lists.
• After adhering to the regional library's discard procedure, a selective library may treat the offered publication as a secondary copy, if neither the regional library nor the selective libraries in the State wish to obtain it. See the section below for procedures for handling secondary copies. Depositories are encouraged to participate in the national "Needs and Offers" list.

5.14.C Discards by Regional Depositories

• The instructions contained in this section apply to all regional depositories except for Federal agency libraries and the libraries of the highest appellate court of the states. These libraries are covered in the sections below.
• If your library is a regional depository, you MUST permanently retain at least one copy of every publication received through depository distribution, except for those publications listed as superseded in the Superseded List. As a regional depository, you should treat those discards from the library as "secondary" publications. Under the FDLP Guidelines on Substituting Electronic for Tangible Versions of Depository Publications, maintaining a tangible copy within a state or region of the titles is still part of a regional depository library's mission.
• Your library as a regional depository plays a primary role in the disposal of depository materials. The responsibilities of a regional depository library regarding the handling of selective depository discards are detailed in chapter 12 of this Handbook. You should have developed and have a copy of the disposal guidelines for your region or state.

5.14.D Discards by Federal Libraries

• Depository discard procedures are different for Federal agency libraries. If you are a depository in a Federal agency library, you are not required to maintain depository titles for five years. Materials may be withdrawn at any time and disposed of after they have been offered to the Library of Congress. You are therefore requested to be judicious in the collection development process so that you do not select too many materials you will not acquisition into your library holdings.
• For more full details on discards by Federal Libraries, consult chapter 15 in this Handbook.

5.14.E Discards by Highest State Appellate Court

• Although this chapter generally refers to all Federal depository libraries, the highest state appellate court libraries that have been designated under Section 1915 of Title 44, United States Code, have special rights. Under Federal law, if your depository is a library of the highest state appellate court, you are not obligated to:
  • provide free access;
  • retain publications for five years before discarding; and
  • you do not have to work with a regional to discard depository materials.
• All depository materials remain the property of the United States Government. Depository libraries that were designated under the provisions of Section 1915 will discard their depository holdings under the provisions established for discarding secondary copies as outlined in this chapter.