II

103D CONGRESS

1ST SESSION S. 1665

To authorize the Librarian of Congress to retain the proceeds of certain

sales, payments or restitution.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 17 (legislative day, NOVEMBER 2), 1993

Mr. PELL (by request) introduced the following bill; which was read twice and

referred to the Committee on Rules and Administration

A BILL

To authorize the Librarian of Congress to retain the proceeds

of certain sales, payments or restitution.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Library of Congress

5 Retention of Proceeds Act’’.

6 SEC. 2. SALE OF EXCESS MATERIALS.

7 Personal property, including books, periodicals and

8 other materials, that the Librarian of Congress (hereafter

9 in this Act referred to as the ‘‘Librarian’’) determines to

10 be excess to the collections of the Library of Congress
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1 (hereafter in this Act referred to as the ‘‘Library’’) or the

2 exchange and donation programs of the Library may be

3 sold by the Librarian pursuant to regulations promulgated

4 by the Administrator of the General Services Administra5 tion for the disposal of personal property by sale, except

6 that the Librarian shall not sell—

7 (1) copies of unpublished works that became

8 the property of the United States pursuant to the

9 registration of claims to copyright under section 408

10 of title 17, United States Code;

11 (2) copies of materials received by the Library

12 under written deeds of gift or other contractual

13 agreements signed both by the donor and the Li14 brary, insofar as such agreements expressly preclude

15 the transfer of ownership or possession by the Li16 brary of such copies;

17 (3) materials distributed by the National Li18 brary Service for the Blind and Physically Handi19 capped; or

20 (4) products of the Congressional Research

21 Service.

22 SEC. 3. ACCEPTANCE OF PAYMENTS OR RESTITUTION.

23 The Librarian is authorized to accept all sums ten24 dered as payment or restitution for lost, stolen, damaged,
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1 or destroyed books, periodicals, newspapers, or other ma2 terials from the Library’s collection if such sums are—

3 (1) ordered by any judicial or administrative

4 authority to be paid to the Library; or

5 (2) received from a borrower.

6 SEC. 4. RETENTION OF PROCEEDS OF SALES, PAYMENTS

7 OR RESTITUTION.

8 (a) ACCOUNT ESTABLISHED.—There is established in

9 the Treasury of the United States an account consisting

10 of the proceeds of any sale described in section 2 or of

11 any payment or restitution described in section 3.

12 (b) EXPENDITURES.—Amounts in the account de13 scribed in subsection (a) shall be available to the Librar14 ian, to the extent provided in appropriations Acts, until

15 expended, for the acquisition of books, periodicals, and

16 other materials, including the costs of administering the

17 national and international acquisition programs of the

18 Library.

19 SEC. 5. REPORT.

20 The Librarian shall report the activities and financial

21 transactions of the account described in section 4(a) in

22 the annual report of the Librarian to the Congress.

Æ