Reading Rooms and Service to the Collections

.

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

ons 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

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

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:

ls 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.

ic 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.

its, 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.

th 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.

n 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