II

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.

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 Financial Management Act of 1999’’.

6 TITLE I—LIBRARY OF CONGRESS

7 REVOLVING FUND

8 SEC. 101. AVAILABILITY OF FUND FOR SERVICE ACTIVI9 TIES.

10 The Librarian of Congress is authorized—
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1 (1) to establish Fund service units to carry out

2 Fund service activities; and

3 (2) to make the library products and services

4 constituting Fund service activities available for pur5 chase through Fund service units at rates estimated

6 by the Librarian to be adequate to recover the direct

7 and indirect costs of the activities, with respect to

8 each Fund service unit, over a reasonable period of

9 time.

10 SEC. 102. FUND SERVICE ACTIVITIES.

11 The Fund service activities that may be conducted

12 by Fund service units are—

13 (1) preparation of research reports, trans14 lations, analytical studies, and related services for

15 departments and other entities of the Federal Gov16 ernment;

17 (2) centralized acquisition of publications and

18 library materials in any format, information, re19 search, and library support services; training in li20 brary and information services; and related services

21 for departments and other entities of the Federal

22 Government;

23 (3) decimal classification development;
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1 (4) gift shop and other sales of items associated

2 with collections, exhibits, performances, and special

3 events of the Library of Congress;

4 (5) location, copying, storage, preservation and

5 delivery services for library document and audio-vis6 ual materials, not including basic domestic inter7 library loan services; and international interlibrary

8 lending;

9 (6) special events and programs; performances,

10 exhibits, workshops, and training; and

11 (7) cooperative acquisitions of foreign publica12 tions and research materials and related services on

13 behalf of participating institutions.

14 SEC. 103. LIBRARY OF CONGRESS REVOLVING FUND.

15 (a) ESTABLISHMENT.—There is established in the

16 Treasury of the United States a fund to be known as the

17 Library of Congress Revolving Fund. The Fund shall be

18 available to the Librarian of Congress without fiscal year

19 limitation, for the conduct of Fund service activities oper20 ated by the Library on a cost-recovery basis. Obligations

21 for Fund service activities are limited to the total amounts

22 specified in the appropriations act for any fiscal year. The

23 Fund shall consist of amounts deposited under subsection

24 (b) and credits under subsection (c).
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1 (b) CAPITAL; AMOUNTS DEPOSITED.—The Fund

2 shall consist of—

3 (1) amounts from funds appropriated to the Li4 brary of Congress that the Librarian may tempo5 rarily transfer to the Fund for capitalization of the

6 Fund, in which case the Fund shall reimburse the

7 Library for amounts so transferred before the period

8 of availability of the Library appropriation expires;

9 (2) any amounts transferred as capital from the

10 fund authorized under section 207(b)(2) of Legisla11 tive Branch Appropriation Act, 1998 (Public Law

12 105–55) (as such section was in effect on the day

13 before the date of enactment of this Act);

14 (3) any obligated, unexpended balances existing

15 as of September 30, 2000, or the date of enactment

16 of this Act, whichever is later, attributable to the ac17 tivities specified in section 102 that the Library con18 ducts, which balances the Librarian may transfer to

19 the Fund notwithstanding the requirements of sec20 tion 1535(d) of title 31, United States Code;

21 (4) upon the transfer of an activity of the Li22 brary of Congress to a Fund service unit, the dif23 ference between—
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1 (A) the total value of the supplies, inven2 tories, equipment, gift fund balances, and other

3 assets of the activity; and

4 (B) the total value of the liabilities (includ5 ing the value of accrued annual leave of employ6 ees) of the activity; and

7 (5) any amounts appropriated by law for the

8 purposes of the Fund.

9 (c) CREDITS.—The Fund shall be credited with all

10 amounts received by Fund service units with respect to

11 Fund service activities, including—

12 (1) fees, advances, and reimbursements;

13 (2) gifts or bequests of money or property for

14 credit to the Fund;

15 (3) receipts from sales and exchanges of prop16 erty;

17 (4) payments for loss or damage to property;

18 (5) receivables, inventories, and other assets;

19 and

20 (6) amounts appropriated by law.

21 (d) ADVANCES OF FUNDS.—Participants in Fund

22 services activities shall pay by advance of funds in all cases

23 where it is determined by the Librarian that there is insuf24 ficient capital otherwise available in the Fund. Advances
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1 of funds also may be made by agreement between the par2 ticipants and the Librarian.

3 (e) INDIVIDUAL ACCOUNTING REQUIREMENT FOR

4 FUND SERVICE UNITS.—Separate accounts of the Fund

5 shall be maintained with respect to individual Fund serv6 ice units.

7 (f) EXCESS FUNDS.—Any unobligated and unex8 pended balances in the Fund that the Librarian deter9 mines to be in excess of amounts needed for activities fi10 nanced by the Fund shall be deposited in the Treasury

11 of the United States as a miscellaneous receipt. For the

12 purpose of the preceding sentence the term ‘‘amounts

13 needed for activities financed by the Fund’’ means the di14 rect and indirect costs of the activities, including the costs

15 of purchasing, shipping, and binding of books and other

16 library materials; supplies, materials, equipment and serv17 ice needed in support of the activities; salaries and bene18 fits; general overhead; and travel.

19 (g) MULTIYEAR CONTRACTING AUTHORITY.—In the

20 operation of Fund activities, the Librarian is authorized

21 to enter into contracts for the lease and acquisition of

22 goods and services (including severable services) for a pe23 riod that begins in one fiscal year and ends in the next

24 fiscal year, and to enter into multiyear contracts for the

25 acquisition of property and services, in the same manner
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1 and to the same extent as the head of an executive agency

2 may enter into such contracts under sections 303L and

3 304B, respectively, of the Federal Property and Adminis4 trative Services Act (41 U.S.C. 253l and 254c).

5 (h) ANNUAL REPORT.—Not later than March 31 of

6 each year, the Librarian shall submit to Congress an au7 dited financial statement for the Fund for the preceding

8 fiscal year. The audit shall be conducted in accordance

9 with Government Auditing Standards for financial audits

10 issued by the Comptroller General of the United States.

11 SEC. 104. DEFINITIONS.

12 As used in this title—

13 (1) the term ‘‘departments and other entities of

14 the Federal Government’’ means any department,

15 agency or instrumentality of the United States Gov16 ernment, including executive departments, military

17 departments, independent establishments, wholly

18 owned Government corporations, and entities in the

19 legislative and judicial branches, and includes any

20 department, agency or instrumentality of the Dis21 trict of Columbia government;

22 (2) the term ‘‘Fund’’ means the Library of

23 Congress Revolving Fund established under section

24 103;
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1 (3) the term ‘‘Fund service activities’’ means

2 the library information products and services de3 scribed in section 102;

4 (4) the term ‘‘Fund service unit’’ means an or5 ganizational entity of the Library of Congress that,

6 at the direction of the Librarian, is partially or fully

7 sustained through the Fund; and

8 (5) the term ‘‘Librarian’’ means the Librarian

9 of Congress.

10 SEC. 105. REPEAL.

11 Section 207 of the Legislative Branch Appropriations

12 Act, 1998 (Public Law 105–55) is repealed.

13 SEC. 106. EFFECTIVE DATE.

14 This title shall take effect on October 1, 2000.

15 TITLE II—CATALOGING

16 PRODUCTS AND SERVICES

17 SEC. 201. AVAILAB1LITY OF CATALOGING PRODUCTS AND

18 SERVICES.

19 (a) IN GENERAL.—The Librarian of Congress is au20 thorized to make cataloging products and services, created

21 by the Library of Congress, available for purchase at

22 prices that reflect as closely as practicable the cost of dis23 tribution over a reasonable period of time. The amounts

24 received for such products and services shall be deposited

25 in the Treasury of the United States to the credit of the
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1 appropriation for salaries and expenses of the Library of

2 Congress, to remain available until expended for necessary

3 distribution of such products and services.

4 (b) DEFINITION.—As used in this section, the term

5 ‘‘cataloging products and services’’ means those biblio6 graphic products and services, in any format now known

7 or later developed, that are used by libraries and library

8 organizations, including other Library-created data bases,

9 and related technical publications.

10 SEC. 202. REPEAL.

11 The paragraph beginning ‘‘The Librarian of Con12 gress’’ under the heading ‘‘PUBLIC PRINTING AND BIND13 ING’’ in the first section of the Act entitled ‘‘An Act mak14 ing appropriations for sundry civil expenses of the Govern15 ment for the fiscal year ending June thirtieth, nineteen

16 hundred and three, and for other purposes’’, approved

17 June 28, 1902 (2 U.S.C. 150), is repealed.

18 SEC. 203. EFFECTIVE DATE.

19 This title and the amendment made by this title shall

20 take effect on October 1, 2000.
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1 TITLE III—LIBRARY OF CON2 GRESS TRUST FUND BOARD

3 AMENDMENTS

4 SEC. 301. ADDITION OF BOARD MEMBER.

5 The first sentence of the first paragraph of the first

6 section of the Act entitled ‘‘An Act to create a Library

7 of Congress Trust Fund Board, and for other purposes,’’

8 approved March 3, 1925 (2 U.S.C. 154) is amended by

9 inserting ‘‘and vice chairman’’ after ‘‘chairman.’’

10 SEC. 302. TEMPORARY EXTENSION OF BOARD MEMBER

11 TERM.

12 The first paragraph of the first section of such Act

13 (2 U.S.C. 154) is amended by inserting after the first sen14 tence the following: ‘‘Upon the request of the chairman

15 of the Joint Committee on the Library, any member whose

16 term has expired may continue to serve on the Library

17 of Congress Trust Fund Board until the earlier of (A) the

18 date on which such member’s successor is appointed, or

19 (B) the end of the two-year period beginning on the date

20 such member’s term expires.’’.

21 SEC. 303. TRUST FUND BOARD QUORUM.

22 The third sentence of the first paragraph of the first

23 section of such Act (as amended by section 302) (2 U.S.C.
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1 154) is amended by striking ‘‘Nine’’ and inserting

2 ‘‘Seven’’.

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