79–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–170 

WILLIAM ORTON LAW LIBRARY IMPROVEMENT AND 

MODERNIZATION ACT 

JUNE 19, 2009.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. BRADY of Pennsylvania, from the Committee on House 

Administration, submitted the following 

R E P O R T 

[To accompany H.R. 2728] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on House Administration, to whom was referred 

the bill (H.R. 2728) to provide financial support for the operation 

of the law library of the Library of Congress, and for other purposes, having considered the same, report favorably thereon with 

an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Amend section 5 to read as follows: 

SEC. 5. DESIGNATION OF LAW LIBRARY OF LIBRARY OF CONGRESS AS NATIONAL LAW LIBRARY. 

The law library of the Library of Congress shall be known and designated as the 

‘‘National Law Library’’, and any reference to the law library of the Library of Congress in any law, rule, regulation, or document shall be deemed to be a reference 

to the National Law Library. 

PURPOSE AND SUMMARY OF THE LEGISLATION

H.R. 2728 (The William Orton Law Library Improvement and 

Modernization Act) would authorize $3,500,000.00 to the Librarian 

of Congress for maintaining and administering the operations of 

the Law Library. Any amounts appropriated pursuant to the bill’s 

authorization would be available without fiscal year limitation 

until spent. Further, section 2 of the bill provides for the cataloging 

and archiving of nonproprietary material in the collection of the 

Law Library. 

The bill also would provide the Law Library with a line item appropriation ensuring that all amounts appropriated are attributed 


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solely to the Law Library. The line item would begin in 2010 and 

continue for each succeeding fiscal year. 

Finally, the bill would establish the William Orton Program, 

named after former Representative William Orton who represented 

Utah’s 3rd District from 1991–1997. Representative Orton served 

on numerous task forces for the American Bar Associations Standing Committee on the Law Library of Congress. The program 

would implement enhanced or special services and programs for 

the Law Library and otherwise supports the mission of the Law Library through a public-private partnership. 

The Committee strongly supports this bill. 

COMMITTEE CONSIDERATION

On June 10th, 2009, the Committee considered H.R. 2728 and, 

by voice vote, ordered the bill reported favorably with one amendment. No recorded votes were taken during consideration of the 

bill. 

BACKGROUND AND NEED FOR H.R. 2728

The Law Library of the Library of Congress was established in 

1832 to address Congress’s need for readily accessible legal information. Today, the Law Library of the Library of Congress is the 

largest legal library in the world, with a collection of over 3 million 

volumes that cover almost every jurisdiction worldwide. While the 

strides the Law Library has made in its almost 200 years of existence are remarkable, there is still much work to be done. 

The Law Library occupies a unique position, not just with respect to library science or the legal profession, but within the nation as a whole. H.R. 2728 will provide the Law Library the resources necessary not just to maintain this distinctive position but 

also to offer new and innovative services for years to come. 

The Law Library is currently in the process of organizing all materials using the uniform K classification system as university law 

libraries do. Law Library estimates state that this process could be 

completed in 6.5 years with 6 full-time catalogers. 

The line item appropriation will ensure that all funds for the 

Law Library are received by the Law Library and the William 

Orton Program and will ensure the continued availability of and 

access to this amazing collection of legal materials for future generations. 

ANALYSIS OF THE BILL (AS REPORTED)

Section 1. Short title (‘‘The William Orton Law Library Improvement and Modernization Act’’). 

Section 2. Section 2 of the bill provides new financial support 

mechanisms for the Law Library. In addition to other funds available for financial support of the Law Library, the bill authorizes a 

onetime appropriation of $3,500,000.00 to be used for maintaining 

and administering Law Library services. Further, section 2 of the 

bill provides for the cataloging and archiving of nonproprietary material in the collection of the Law Library. 

Section 3. Section 3 of H.R. 2728 provides for a line item appropriation for the Law Library. Currently, funding for the Law Library is drawn from the Library of Congress’s general budget. SecVerDate Nov 24 2008 00:08 Jun 21, 2009 Jkt 079008 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR170.XXX HR170

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tion 3 gives the Law Library a separate appropriated amount beginning in fiscal year 2011. 

Section 4. Section 4 establishes the William Orton Program. The 

program calls for the implementation of enhanced or special services and programs for the Law Library and otherwise supports the 

mission of the Law Library. 

Funding of the Program will come in the form of appropriations 

as well as private donations of funds or in-kind contributions. 

These contributions will be accepted by the Library of Congress 

Trust Fund Board and by the Librarian of Congress. Any amount 

accepted in support of the Program by either the Trust Fund Board 

or the Librarian of Congress will be subject to disbursement upon 

the recommendation of the Law Librarian. The Librarian of Congress can also accept voluntary services in support of the Program. 

The bill also provides for a separate account in the Treasury for 

the Program, which will consist of amounts accepted by the Trust 

Fund Board, amounts accepted by the Librarian of Congress, 

amounts appropriated and interest on the balance of the account. 

Any funds in the account shall be used solely in support of the Law 

Library. 

No later than April 30th of each year, beginning in 2010, the Librarian of Congress shall submit a report on Program funding and 

activities to the Committee on House Administration, the Senate 

Committee on Rules and Administration, the American Bar Association and the American Association of Law Libraries. The report 

shall include: 

• Listing of all donations received during the previous year; 

• Total obligations during the previous year; 

• The amount appropriated pursuant to the authorization under 

subsection (f) for the fiscal year beginning on the previous October 

1; 

• List of Program activities, along with budget information for 

each such activity, planned for the calendar year; and 

• Any finding in the most recently completed Library audit with 

respect to the Law Library or Programs funds or investments. 

The bill also authorizes to be appropriated for the Program an 

amount equal to 40% of the amount of the donations accepted by 

the Library of Congress Trust Fund Board in support of the Program. 

Section 5. The introduced version of Section 5 of the bill was 

amended at mark-up to strike the existing language and insert new 

language to change the name of the Law Library of the Library of 

Congress to the National Law Library. 

MATTERS REQUIRED UNDER THE RULES OF THE HOUSE

CONSTITUTIONAL AUTHORITY

Clause 3(d)(1) of House rule XIII requires each committee report 

on a public bill or joint resolution to include a statement citing the 

specific constitutional power(s) granted to the Congress on which 

the Committee relies for enactment of the measure under consideration. The Committee on House Administration finds that Congress 

has the authority to enact this measure pursuant to its powers 

granted under article I, section 8 of the Constitution. 


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Clause 1(j)(4) of House rule X charges the Committee on House 

Administration with jurisdiction of the Library of Congress, including management thereof. 

COMMITTEE VOTES

Clause 3(b) of House rule XIII requires the results of each recorded vote on an amendment or motion to report, together with 

the names of those voting for and against, to be printed in the committee report. No recorded votes were taken during the Committee’s consideration of H.R. 2728. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Clause 3(c)(3) of House rule XIII requires the report of a committee on a measure which has been approved by the committee to 

include a cost estimate prepared by the Director of the Congressional Budget Office pursuant to section 403 of the CBA, if timely 

submitted. The Director submitted the following estimate: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, June 18, 2009. 

Hon. ROBERT A. BRADY, 

Chairman, Committee on House Administration, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2728, the William Orton 

Law Library Improvement and Modernization Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Christina Hawley Anthony. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 2728—William Orton Law Library Improvement and Modernization Act 

H.R. 2728 would authorize the appropriation of $3.5 million for 

the law library of the Library of Congress, and would establish a 

William Orton program to support the mission of the law library. 

The library could receive donations of funds and in-kind support, 

and could spend those funds (and the interest earned on them) 

without future appropriation. In addition, the bill would authorize 

appropriations equal to 40 percent of the donations received for 

support of the law library. 

Based on the nature of previous donations in support of the law 

library and historical spending patterns, and assuming appropriation of the authorized amounts, CBO estimates that implementing 

H.R. 2728 would cost $3.5 million over the 2009–2013 period. 

Because the bill would allow the Librarian to accept and spend 

donations for projects, enacting H.R. 2728 could affect direct spending, but gross outlays would be offset by the donations. In addition, 

the bill would allow the Librarian to spend any interest earned on 

the donations, though CBO expects that such interest would be 


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negligible. Thus, CBO estimates enacting the bill would not have 

a significant net effect on the federal budget. 

H.R. 2728 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Christina Hawley Anthony. This estimate was approved by Peter H. Fontaine, Assistant 

Director for Budget Analysis. 

FEDERAL MANDATES

Section 423 of the CBA requires a committee report on any public bill or joint resolution that includes a federal mandate to include 

specific information about such mandates. The Committee states 

that H.R. 2728 includes no federal mandates. 

PREEMPTION CLARIFICATION

Section 423 of the CBA requires a committee report on any public bill or joint resolution to include a committee statement on the 

extent to which the measure is intended to preempt state or local 

law. The Committee states that H.R. 2728 is not intended to preempt any state or local law. 

OVERSIGHT FINDINGS

Clause 3(c)(1) of rule XIII requires each committee report to contain oversight findings and recommendations required pursuant to 

clause 2(b)(1) of House rule X. The Committee has general oversight responsibility for the Library of Congress. The findings in 

support of this legislation are incorporated in the body of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Clause 3(c)(4) of House rule XIII requires committee reports to 

include a statement of general performance goals and objectives. 

The goal and objective of H.R. 2728 is to modernize the Law Library of the Library of Congress and to ensure the Law Library is 

provided with adequate funding to fully carry out its mission. 

CONGRESSIONAL ‘‘EARMARKS’’ 

Clause 9 of House rule XXI requires committee reports on public 

bills and resolutions to contain an identification of congressional 

‘‘earmarks,’’ limited tax benefits, limited tariff benefits, and the 

names of requesting Members. The bill contains no such items either as introduced or as reported to the House. 

CONGRESSIONAL ACCOUNTABILITY ACT APPLICABILITY

Section 102(b)(3) of the Congressional Accountability Act of 1995 

(Pub. L. 104–1) (CAA) requires each report on a public bill or joint 

resolution relating to terms and conditions of employment or access 

to public services or accommodations to describe the manner in 

which the legislation applies to the Legislative Branch. The bill 

contains no such items either as introduced or as reported to the 

House. 


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CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

The bill makes no changes to existing law. 

Æ 


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