II

103D CONGRESS

2D SESSION S. 1900

To provide for the protection of books and materials from the Library of

Congress, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 8 (legislative day, FEBRUARY 22), 1994

Mr. MCCAIN introduced the following bill; which was read twice and referred

to the Committee on Rules and Administration

A BILL

To provide for the protection of books and materials from

the Library of Congress, and for other purposes.

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 Book Protection Act of 1994’’.

6 SEC. 2. DEFINITIONS.

7 For purposes of this Act—

8 (1) the term ‘‘book’’ means any book, docu9 ment, or other material that is in the collection of

10 the Library of Congress;
2

•S 1900 IS

1 (2) the term ‘‘borrower’’ means any individual

2 who has loan privileges for books from the Library

3 of Congress;

4 (3) the term ‘‘Fund’’ means the Late Book

5 Fine Fund established under section 4;

6 (4) the term ‘‘Librarian’’ means the Librarian

7 of Congress; and

8 (5) the term ‘‘Library’’ means the Library of

9 Congress.

10 SEC. 3. LATE FINES ON BOOKS.

11 No later than 30 days after the date of the enactment

12 of this Act, the Librarian shall promulgate regulations—

13 (1) to establish a schedule of late fines for any

14 borrower who has a book on loan for more than 70

15 days;

16 (2) to assess a late fine on any borrower who

17 has a book on loan for more than 70 days;

18 (3) in the case of a borrower who has not re19 turned a book after such 70-day period, to suspend

20 the loan privileges of—

21 (A) such borrower; and

22 (B) all borrowers of the same office loan

23 account of such borrower;
3

•S 1900 IS

1 (4) to reinstate the loan privileges of any bor2 rower after the return of the book and the payment

3 of all late fines;

4 (5) to provide for waivers, at the discretion of

5 the Librarian, with regard to—

6 (A) all or any part of an assessed late fine;

7 and

8 (B) the suspension of all or any part of the

9 loan privileges of any borrower (including bor10 rowers of the same office loan account as a bor11 rower who has not returned a book within such

12 70-day period).

13 SEC. 4. LATE BOOK FINE FUND.

14 (a) ESTABLISHMENT.—The Librarian shall establish

15 a Late Book Fine Fund.

16 (b) DEPOSIT.—All late fines paid to the Librarian

17 under this Act shall be deposited in the Fund.

18 (c) USES OF THE FUND.—All monies deposited in the

19 Fund shall remain in the Fund and shall be available to

20 the Librarian without fiscal year limitation for the general

21 operating expenses of the Library and the replacement of

22 lost or stolen books.
4

•S 1900 IS

1 SEC. 5. PROHIBITION OF FEDERAL FUNDS TO PAY LATE

2 FINES.

3 (a) IN GENERAL.—No Federal funds may be used

4 to pay a late fine assessed under this Act.

5 (b) ENFORCEMENT.—Violation of the provisions of

6 subsection (a) shall be a misdemeanor and any person con7 victed thereof shall be fined not more than $1,000.

8 SEC. 6. REPORTS.

9 The Librarian shall include in the annual report sub10 mitted to the Congress under the heading ‘‘LIBRARY OF

11 CONGRESS’’ of the Act of February 19, 1897 (2 U.S.C.

12 139; 29 Stat. 546)—

13 (1) the estimated number of books that are

14 missing from the Library due to borrowers who have

15 had loan privileges suspended;

16 (2) the name of any office with an office loan

17 account that includes any borrower who—

18 (A) has had loan privileges suspended; and

19 (B) has been assessed late fines that have

20 not been paid for more than 1 month;

21 (3) the total amount of unpaid late fines as22 sessed to each office named under paragraph (2);

23 (4) all monies deposited in the Fund; and

24 (5) the amounts and uses of expenditures from

25 the Fund.
5

•S 1900 IS

1 SEC. 7. EFFECTIVE DATE AND APPLICATION.

2 (a) IN GENERAL.—This Act shall take effect on the

3 date of enactment of this Act and shall apply to all books

4 of the Library of Congress, including books that are on

5 loan on such date.

6 (b) ASSESSMENT OF FINES.—No late fine may be as7 sessed under this Act during the 100-day period beginning

8 on the date of the enactment of this Act.

Æ