made to fulfill requirements in case of shortage, deficiencies, or office needs. After a reasonable period of time has elapsed (usually about three months) any surplus emergency copies are reduced to waste scrap together with other waste paper through an automatic process of shredding, baling, and then sold as salvage paper.
10. In the instant case, following the usual, normal and customary procedure, the emergency copies of the Report were retained by the Binding Division as described. One of the extra copies was retained by the Library of the Superintendent of Documents for the normal and customary purpose of preparation for microfilming by the Library of Congress. The copy was not microfilmed and is still in the possession of the GPO.
11. One of the extra copies was retained by the Library of the Superintendent of Documents as a catalog copy and is still in the possession of the GPO.
12. One of the extra copies was placed in the work jacket for billing purposes and is still in the possession of the GPO.
13. One of the extra copies was delivered to the Office of General Counsel, U.S. Government Printing Office, for use in the present litigation and is still in the possession of the GPO. There were no requisitions submitted by the Superintendent of Documents for copies for sale and distribution.
14. A recent survey by Government Printing Office Production personnel disclosed that 796 copies of the Report, as described in paragraph 8, are still secured in the security cage in Room C319, Security area, U.S. Government Printing Office. No emergency copies exist other than those accounted for herein. To further verify this, a thorough search of the U.S. Government Printing Office Bindery Production area was conducted during the month of December 1973, and a complete search of the entire GPO production area was conducted during the week of February 4, 1974. It was reported that the 796 copies of the Report remained secure in the locked cage and that there is no evidence or record of the existence of any other emergency copies. Inquiries and discussions directed to present former officials, particularly the Night Superintendent of Binding, failed to provide any further information regarding the Report. Consequently, in the normal course of events, and as standard office procedure they would have been destroyed by automatic shredding, baling and then sold as waste paper.
15. No additional copies of the Report have ever been printed at the United States Government Printing Office, nor were any copies of the Report ever delivered, shipped, issued or placed under the custody or control of the Superintendent of Documents for distribution to State libraries, designated depositories, foreign legations, or other agencies; no copies of the Report were ever distributed, issued, sent in response to mail orders through the United States Postal Service, or sold by the Superintendent of Documents and delivered to the public in any of the retail bookstores operated in the metropolitan Washington, D.C. area, or at any of the retail branch Superintendent of Documents bookstores located in various metropolitan areas throughout the United States.
16. The statutes of the United States created the office of Public Printer to manage and supervise the Government Printing Office, which, with certain exceptions, is the authorized printer for the various branches of the Federal Government. 44 U.S.C. § 301. "Printing or binding may be done at the Government Printing Office only when authorized by law." § 501. The Public Printer is authorized to do printing for Congress, §§ 701-741, 901-910, as well as for the Executive and Judicial Branches of Government.
17. The Superintendent of Documents has charge of the distribution of all public documents except those printed for use of the executive departments, "which shall be delivered to the departments," and for either House of Congress, "which shall be delivered to the Senate Service Department and House of Representatives Publications Distribution Service." § 1702. He is thus in charge of the public sale and distribution of documents. The Public Printer is instructed to "print additional copies of a Government publication, not confidential in character, required for sale to the public by the Superintendent of Documents," subject to regulation by the Joint Committee on Printing. § 1705.
18. The duties of the Public Printer and his appointee, the Superintendent of Documents, are to print, handle, distribute, and sell Government documents. The Government Printing Office acts as a service organization for the branches of the Government. What it prints is produced elsewhere and is printed and distributed at the direction of the Congress, the departments, the independent agencies and offices, or the Judicial Branch of the Government.
Conclusions of Law
1. In Doe v. McMillan, 412 U.S. 306, 93 S. Ct. 2018, 36 L. Ed. 2d 912 (1973), the Supreme Court affirmed the lower Court's ruling dismissing this action as to the United States, the District of Columbia respondents and the Congressmen and their staff and aides named as defendants by the complaint. 412 U.S. 306, 310, n. 4, 324, n. 15, 93 S. Ct. 2018, 36 L. Ed. 2d 912. Accordingly, this action was remanded, only as to the Public Printer, United States Government Printing Office, at the time of the events leading to this litigation, Adolphus N. Spence (listed in the complaint as Nicholas A. Spence), and the Superintendent of Documents at the time, Robert E. Kling (listed in the complaint as Robert E. King).
2. The Supreme Court's remand left a single, narrow issue to be decided by the Court:
[Whether] any part of the previous publication and public distribution by respondents other than the Members of Congress and Committee personnel went beyond the limits of the legislative immunity provided by the Speech or Debate Clause of the Constitution. (412 U.S. at 318)
The Court noted that it was unable to decide whether the Superintendent of Documents or the Public Printer "[participated] in distribution of actionable material beyond the reasonable bounds of the legislative task" (412 U.S. at 315) because the Court was
unaware, from this record, of the extent of the publication and distribution of the Report which has taken place to date. (412 U.S. at 324)