[Federal Register Volume 60, Number 95 (Wednesday, May 17, 1995)]
[Proposed Rules]
[Pages 26392-26393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12129]



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LIBRARY OF CONGRESS

36 CFR Part 701

[Docket No. LOC 95-1]


Reading Rooms and Service to the Collections

AGENCY: Library of Congress.

ACTION: Proposed rules.

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SUMMARY: The Library of Congress is proposing to amend its regulations 
on access to the Library's collections by members of the public and 
policies and procedures for service to the collections. This amendment 
reflects the new capabilities of the Library's reader registration 
system, specifically requiring all members of the public wishing to use 
the Library's collections to obtain a Library-issued User Card. The 
User card will contain the name, current address, and a digitized 
photograph of the user. This amendment also describes new policies and 
procedures for providing and maintaining security for Library materials 
from accidental or deliberate damage or loss caused by users of these 
collections and the penalties for misuse. These measures include 
establishing conditions and procedures for the use of material that 
requires special handling, instructing and monitoring readers, assuring 
that the conditions and housing of all materials are adequate to 
minimize risk, and establishing control points at entrances to reading 
rooms. These new procedures will enhance the security of the Library's 
collections.

DATES: Comments should be received on or before June 16, 1995.

ADDRESSES: Ten copies of written comments should be addressed, if sent 
by mail to: Library of Congress, Mail Code 1050, Washington, DC 20540. 
If delivered by hand, copies should be brought to: Office of the 
General Counsel, James Madison Memorial Building, Room LM-601, First 
and Independence Avenue, SE., Washington, DC 20540-1050, (202) 707-
6316.

FOR FURTHER INFORMATION CONTACT: Johnnie M. Barksdale, Regulations 
Officer, Office of the General Counsel, Library of Congress, 
Washington, DC 20540-1050. Telephone No. (202) 707-1593.

SUPPLEMENTARY INFORMATION: Under the authority of 2 U.S.C. 136, the 
Librarian of Congress is authorized to make rules and regulations for 
the government of the Library and for the protection of its property. 
In March of 1992, James H. Billington, the Librarian of Congress, 
announced that new security measures had to be taken to protect the 
Library's collections due to an increase in thefts and mutilation of 
materials. ``The Library of Congress has long prided itself on being 
open to all readers,'' Dr. Billington said. ``However, as the nation's 
Library and the world's largest repository of mankind's intellectual 
accomplishments, we have an obligation to protect our collections for 
future generations of Americans. Many of our books, maps, prints, and 
manuscripts are irreplaceable. We cannot risk their loss or 
desecration. We are responsible for the nation's patrimony.'' Dr. 
Billington's announcement followed lengthy planning by the Library to 
tighten security. It also followed the third arrest for theft from the 
Library since April 1991. 36 CFR 701.5 is amended to announce the 
Library's new capability to capture and store the name, address, and a 
digitized photograph of registered users of its collections in an 
automated file for collections security purposes. The existing text in 
36 CFR 701.5 will become paragraph (b) and a new paragraph (a) is 
added. 36 CFR 701.6 is amended to set forth the general policy of the 
Library on the use of materials in its custody. 18 U.S.C. 64l, 136l, 
and 2071; and 22 D.C. Code 3106 set forth criminal provisions for 
mutilation or theft of Government property. The existing text in 36 CFR 
701.6, Chapter VII will become paragraph (a) and new paragraphs (b), 
(c), and (d) are added. The last sentence in paragraph (a) should be 
removed.

List of Subjects in 36 CFR Part 701

    Libraries, Seals and insignias.
Proposed Regulations.

    In consideration of the foregoing the Library of Congress proposes 
to amend 36 CFR part 701 as follows:

PART 701--PROCEDURES AND SERVICES

    1. The authority citation for part 701 will continue to read as 
follows:

    Authority: 2 U.S.C. 136.

    2. Section 701.5 is amended by redesignating the existing text as 
paragraph (b) and adding a new paragraph (a) to read as follows:


Sec. 701.5  The Library's reading rooms and public use thereof.

    (a) All members of the public wishing to use materials from the 
Library's collections first must obtain a User Card. The Library will 
issue User Cards, in accordance with established access regulations, to 
those persons who present a valid photo identification card containing 
their name and current address. The Library-issued User Card will 
include the name, digitized photograph, and signature of the user. It 
must be presented when requesting materials housed in the book stacks 
or other non-public areas or upon request of a Library staff member. In 
accordance with Library regulations which prescribe the conditions of 
reader registration and use of Library materials, presentation of a 
User Card may be required for entry into certain reading rooms. The 
Library will maintain the information found on the User Cards, 
including the digitized photograph and other pertinent information, in 
an automated file for collections security purposes. Access to the 
automated file shall be limited to only those Library 
[[Page 26393]] staff whose official duties require access. The 
automated file shall be physically separated and accessible only from 
inside the Library.
* * * * *
     3. Section 701.6 is amended by redesignating the existing text as 
paragraph (a), except for the last sentence which should be removed, 
and adding new paragraphs (b), (c), and (d) to read as follows:


Sec. 701.6  Service to the collections

* * * * *
    (b) Definitions.
    (1) Security means administration of continuing, effective controls 
in areas where materials are housed for the purpose of preprocessing or 
processing, storage, access, or use. These controls are designed to 
safeguard against theft, loss, misplacement, or damage from improper 
use or vandalism and may vary as appropriate to the quality, monetary 
value, replaceability, fragility, or other special or unusual 
conditions relating to the materials concerned.
    (2) Library material means:
    (i) Items in all formats (including, but not limited to, books and 
pamphlets; documents; manuscripts; maps; microfiche, microfilms, and 
other microforms; motion pictures, photographs, posters, prints, 
drawings, videotapes, and other visual materials; newspapers and 
periodicals; recorded discs, tapes, or audio/video/digital materials in 
other formats) either in the collections of the Library of Congress or 
acquired for and in process for the Library's collections;
    (ii) Objects such as musical instruments, printing blocks, copper 
engraving plates, paintings, and scrolls, and
    (iii) Control files, which are manual or automated files essential 
to the physical or intellectual access to Library materials, such as 
catalogs, computer tapes, finding aids, and shelflists. These include 
items that are acquired as an integral part of Library materials and 
are accessioned into the collections with them permanent inventory 
records, public catalogs, and other finding aids.
    (3) Security-controlled environment means, but is not limited to: 
general and special reading rooms and research facilities where 
materials are issued under controlled circumstances for use of readers; 
the bookstacks and other storage facilities where materials are housed 
when not in use; and work areas where materials are held temporarily 
for processing.
    (c) General policy for use of Library materials. Materials 
retrieved for readers' use shall be used only in assigned reading rooms 
or research facilities. Use elsewhere in Library buildings requires 
specific authorization from designated staff members of the custodial 
unit. Use of materials assigned to reference collections shall be in 
accordance with established regulations. To minimize the risk of theft, 
loss, or damage when the materials are removed from designated storage 
areas, the conditions of availability and use will vary as appropriate 
to the quality of materials, their monetary value, replaceability, 
format, physical condition, and the purpose for which they are to be 
circulated--reader use within the Library, exhibits, preservation, 
photoduplication, or loan outside the Library. Unless otherwise 
specified by Library regulations, and/or legal or contractual 
obligations, the conditions and procedures for use of materials, 
including duplication, either inside or outside of the Library 
buildings, shall be determined by or in consultation with the unit head 
responsible for the custody of the material used.
    (1) Any material removed from the security-controlled environment 
of a reading room or storage area, and meeting the established criteria 
must be charged as an internal or external loan through the Loan 
Division, in accordance with established loan regulations. The security 
of in-process material, and special collections material not meeting 
the criteria of these regulations, is the responsibility of the 
division chief or equivalent Library officer with physical control of 
the material. That division shall determine whether or not a Loan 
Division internal charge must be created when an item is removed for 
use. If a Loan Division record is not created, the division shall 
create and maintain a local record until the item is returned.
    (2) When the period of use is completed, all materials shall be 
returned immediately to the custodial unit to be placed in designated 
shelf or other locations in assigned storage areas. Charge records for 
the returned materials shall be removed from the charge files.
    (d) Penalties. Readers who violate established conditions and/or 
procedures for using material are subject to penalties to be determined 
by or in consultation with the unit head responsible for the custody of 
the material used.
    (1) When a reader violates a condition and/or procedure for using 
material, the division chief or head of the unit where the infraction 
occurred may, upon written notification, deny further access to the 
material, or to the unit in which it is housed, to be determined by the 
nature of the infraction and the material involved.
    (2) Within five workdays of receipt of such notification, the 
reader may make a written request, including the reasons for such 
request to the Associate Librarian for that service unit, or his/her 
designee, for a reconsideration of said notification.
    (3) The Associate Librarian for that service unit, or his/her 
designee, shall respond within five workdays of receipt of such request 
for reconsideration and may rescind, modify, or reaffirm said 
notification, as appropriate.
    (4) Repeated violations of established conditions and/or procedures 
for using material may result in denial of further access to the 
premises and further use of the Library's facilities or revocation of 
the reader's User Card, in accordance with established access 
regulations.
    (5) Mutilation or theft of Library property also may result in 
criminal prosecution, as set forth in 18 U.S.C. 641, 1361, and 2071; 
and 22 D.C. Code 3106.
    (6) In certain emergency situations requiring prompt action, the 
division chief or head of the unit where the infraction occurred 
immediately may deny further access to the material or unit prior to 
making written notification action. In such cases, the reader shall be 
notified, in writing, within three days of the action taken and the 
reasons therefor. The reader then may request reconsideration.
    (7) A copy of any written notification delivered pursuant to this 
part shall be forwarded to the Captain, Library Police, the service 
unit, and the Director, Integrated Support Services, for retention.

    Dated: May 11, 1995.
James H. Billington,
The Librarian of Congress.
[FR Doc. 95-12129 Filed 5-16-95; 8:45 am]
BILLING CODE 1410-04-P