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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2286 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2286

To establish the Library of Congress Financial Management Act of 1999, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 23, 2000

  Mr. Cochran introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL

 
To establish the Library of Congress Financial Management Act of 1999, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Library of Congress Financial 
Management Act of 1999''.

              TITLE I--LIBRARY OF CONGRESS REVOLVING FUND

SEC. 101. AVAILABILITY OF FUND FOR SERVICE ACTIVITIES.

    The Librarian of Congress is authorized--
            (1) to establish Fund service units to carry out Fund 
        service activities; and
            (2) to make the library products and services constituting 
        Fund service activities available for purchase through Fund 
        service units at rates estimated by the Librarian to be 
        adequate to recover the direct and indirect costs of the 
        activities, with respect to each Fund service unit, over a 
        reasonable period of time.

SEC. 102. FUND SERVICE ACTIVITIES.

    The Fund service activities that may be conducted by Fund service 
units are--
            (1) preparation of research reports, translations, 
        analytical studies, and related services for departments and 
        other entities of the Federal Government;
            (2) centralized acquisition of publications and library 
        materials in any format, information, research, and library 
        support services; training in library and information services; 
        and related services for departments and other entities of the 
        Federal Government;
            (3) decimal classification development;
            (4) gift shop and other sales of items associated with 
        collections, exhibits, performances, and special events of the 
        Library of Congress;
            (5) location, copying, storage, preservation and delivery 
        services for library document and audio-visual materials, not 
        including basic domestic interlibrary loan services; and 
        international interlibrary lending;
            (6) special events and programs; performances, exhibits, 
        workshops, and training; and
            (7) cooperative acquisitions of foreign publications and 
        research materials and related services on behalf of 
        participating institutions.

SEC. 103. LIBRARY OF CONGRESS REVOLVING FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the Library of Congress Revolving 
Fund. The Fund shall be available to the Librarian of Congress without 
fiscal year limitation, for the conduct of Fund service activities 
operated by the Library on a cost-recovery basis. Obligations for Fund 
service activities are limited to the total amounts specified in the 
appropriations act for any fiscal year. The Fund shall consist of 
amounts deposited under subsection (b) and credits under subsection 
(c).
    (b) Capital; Amounts Deposited.--The Fund shall consist of--
            (1) amounts from funds appropriated to the Library of 
        Congress that the Librarian may temporarily transfer to the 
        Fund for capitalization of the Fund, in which case the Fund 
        shall reimburse the Library for amounts so transferred before 
        the period of availability of the Library appropriation 
        expires;
            (2) any amounts transferred as capital from the fund 
        authorized under section 207(b)(2) of Legislative Branch 
        Appropriation Act, 1998 (Public Law 105-55) (as such section 
        was in effect on the day before the date of enactment of this 
        Act);
            (3) any obligated, unexpended balances existing as of 
        September 30, 2000, or the date of enactment of this Act, 
        whichever is later, attributable to the activities specified in 
        section 102 that the Library conducts, which balances the 
        Librarian may transfer to the Fund notwithstanding the 
        requirements of section 1535(d) of title 31, United States 
        Code;
            (4) upon the transfer of an activity of the Library of 
        Congress to a Fund service unit, the difference between--
                    (A) the total value of the supplies, inventories, 
                equipment, gift fund balances, and other assets of the 
                activity; and
                    (B) the total value of the liabilities (including 
                the value of accrued annual leave of employees) of the 
                activity; and
            (5) any amounts appropriated by law for the purposes of the 
        Fund.
    (c) Credits.--The Fund shall be credited with all amounts received 
by Fund service units with respect to Fund service activities, 
including--
            (1) fees, advances, and reimbursements;
            (2) gifts or bequests of money or property for credit to 
        the Fund;
            (3) receipts from sales and exchanges of property;
            (4) payments for loss or damage to property;
            (5) receivables, inventories, and other assets; and
            (6) amounts appropriated by law.
    (d) Advances of Funds.--Participants in Fund services activities 
shall pay by advance of funds in all cases where it is determined by 
the Librarian that there is insufficient capital otherwise available in 
the Fund. Advances of funds also may be made by agreement between the 
participants and the Librarian.
    (e) Individual Accounting Requirement for Fund Service Units.--
Separate accounts of the Fund shall be maintained with respect to 
individual Fund service units.
    (f) Excess Funds.--Any unobligated and unexpended balances in the 
Fund that the Librarian determines to be in excess of amounts needed 
for activities financed by the Fund shall be deposited in the Treasury 
of the United States as a miscellaneous receipt. For the purpose of the 
preceding sentence the term ``amounts needed for activities financed by 
the Fund'' means the direct and indirect costs of the activities, 
including the costs of purchasing, shipping, and binding of books and 
other library materials; supplies, materials, equipment and service 
needed in support of the activities; salaries and benefits; general 
overhead; and travel.
    (g) Multiyear Contracting Authority.--In the operation of Fund 
activities, the Librarian is authorized to enter into contracts for the 
lease and acquisition of goods and services (including severable 
services) for a period that begins in one fiscal year and ends in the 
next fiscal year, and to enter into multiyear contracts for the 
acquisition of property and services, in the same manner and to the 
same extent as the head of an executive agency may enter into such 
contracts under sections 303L and 304B, respectively, of the Federal 
Property and Administrative Services Act (41 U.S.C. 253l and 254c).
    (h) Annual Report.--Not later than March 31 of each year, the 
Librarian shall submit to Congress an audited financial statement for 
the Fund for the preceding fiscal year. The audit shall be conducted in 
accordance with Government Auditing Standards for financial audits 
issued by the Comptroller General of the United States.

SEC. 104. DEFINITIONS.

    As used in this title--
            (1) the term ``departments and other entities of the 
        Federal Government'' means any department, agency or 
        instrumentality of the United States Government, including 
        executive departments, military departments, independent 
        establishments, wholly owned Government corporations, and 
        entities in the legislative and judicial branches, and includes 
        any department, agency or instrumentality of the District of 
        Columbia government;
            (2) the term ``Fund'' means the Library of Congress 
        Revolving Fund established under section 103;
            (3) the term ``Fund service activities'' means the library 
        information products and services described in section 102;
            (4) the term ``Fund service unit'' means an organizational 
        entity of the Library of Congress that, at the direction of the 
        Librarian, is partially or fully sustained through the Fund; 
        and
            (5) the term ``Librarian'' means the Librarian of Congress.

SEC. 105. REPEAL.

    Section 207 of the Legislative Branch Appropriations Act, 1998 
(Public Law 105-55) is repealed.

SEC. 106. EFFECTIVE DATE.

    This title shall take effect on October 1, 2000.

               TITLE II--CATALOGING PRODUCTS AND SERVICES

SEC. 201. AVAILAB1LITY OF CATALOGING PRODUCTS AND SERVICES.

    (a) In General.--The Librarian of Congress is authorized to make 
cataloging products and services, created by the Library of Congress, 
available for purchase at prices that reflect as closely as practicable 
the cost of distribution over a reasonable period of time. The amounts 
received for such products and services shall be deposited in the 
Treasury of the United States to the credit of the appropriation for 
salaries and expenses of the Library of Congress, to remain available 
until expended for necessary distribution of such products and 
services.
    (b) Definition.--As used in this section, the term ``cataloging 
products and services'' means those bibliographic products and 
services, in any format now known or later developed, that are used by 
libraries and library organizations, including other Library-created 
data bases, and related technical publications.

SEC. 202. REPEAL.

    The paragraph beginning ``The Librarian of Congress'' under the 
heading ``Public printing and binding'' in the first section of the Act 
entitled ``An Act making appropriations for sundry civil expenses of 
the Government for the fiscal year ending June thirtieth, nineteen 
hundred and three, and for other purposes'', approved June 28, 1902 (2 
U.S.C. 150), is repealed.

SEC. 203. EFFECTIVE DATE.

    This title and the amendment made by this title shall take effect 
on October 1, 2000.

       TITLE III--LIBRARY OF CONGRESS TRUST FUND BOARD AMENDMENTS

SEC. 301. ADDITION OF BOARD MEMBER.

    The first sentence of the first paragraph of the first section of 
the Act entitled ``An Act to create a Library of Congress Trust Fund 
Board, and for other purposes,'' approved March 3, 1925 (2 U.S.C. 154) 
is amended by inserting ``and vice chairman'' after ``chairman.''

SEC. 302. TEMPORARY EXTENSION OF BOARD MEMBER TERM.

    The first paragraph of the first section of such Act (2 U.S.C. 154) 
is amended by inserting after the first sentence the following: ``Upon 
the request of the chairman of the Joint Committee on the Library, any 
member whose term has expired may continue to serve on the Library of 
Congress Trust Fund Board until the earlier of (A) the date on which 
such member's successor is appointed, or (B) the end of the two-year 
period beginning on the date such member's term expires.''.

SEC. 303. TRUST FUND BOARD QUORUM.

    The third sentence of the first paragraph of the first section of 
such Act (as amended by section 302) (2 U.S.C. 154) is amended by 
striking ``Nine'' and inserting ``Seven''.
                                 <all>
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