II

106TH CONGRESS

2D SESSION S. 2491

To authorize the Librarian of Congress to establish certain programs and

activities of the Library of Congress as programs to be administered

through a revolving fund, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 1, 2000

Mr. COCHRAN 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 establish certain

programs and activities of the Library of Congress as

programs to be administered through a revolving fund,

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 2000’’.
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1 TITLE I—LIBRARY OF CONGRESS

2 REVOLVING FUND

3 SEC. 101. AVAILABILITY OF FUND FOR ACTIVITIES.

4 The Librarian of Congress (hereafter in this Act re5 ferred to as the ‘‘Librarian’’) is authorized—

6 (1) to establish the activities described in sec7 tion 102 as Revolving Fund service activities; and

8 (2) to establish Revolving Fund service units,

9 which may be partially or fully sustained through

10 the Library of Congress Revolving Fund established

11 under section 103, to carry out such activities.

12 SEC. 102. ACTIVITIES DESCRIBED.

13 The activities described in this section are as follows:

14 (1) The preparation of research reports, trans15 lations, analytical studies, and related services for

16 any entity of the Federal Government or the govern17 ment of the District of Columbia.

18 (2) The provision of any of the following serv19 ices for entities of the Federal Government or the

20 government of the District of Columbia:

21 (A) The centralized acquisition of publica22 tions and library materials in any format.

23 (B) Information, research, and library sup24 port services.
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1 (C) Training in library and information

2 services.

3 (D) Services related to any of the services

4 described in the preceding subparagraphs.

5 (3) Decimal classification development.

6 (4) The operation of a gift shop or other sales

7 of items associated with collections, exhibits, per8 formances, and special events of the Library of Con9 gress.

10 (5) The location, copying, storage, preservation,

11 and delivery services for library documents and

12 audio-visual materials (other than basic domestic

13 interlibrary loan services), and international inter14 library lending.

15 (6) Special events and programs, performances,

16 exhibits, workshops, and training.

17 (7) The cooperative acquisitions program de18 scribed in section 207 of the Legislative Branch Ap19 propriations Act, 1998 (2 U.S.C. 182).

20 SEC. 103. LIBRARY OF CONGRESS REVOLVING FUND.

21 (a) IN GENERAL.—

22 (1) ESTABLISHMENT.—There is established in

23 the Treasury a revolving fund to be known as the

24 ‘‘Library of Congress Revolving Fund’’ (hereafter in

25 this Act referred to as the ‘‘Fund’’).
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1 (2) CONTENTS.—The Fund shall consist of the

2 following amounts:

3 (A) Amounts deposited under subsection

4 (b).

5 (B) Credits under subsection (c).

6 (C) Such other amounts as may be appro7 priated for the Fund under law.

8 (3) USE OF AMOUNTS IN FUND.—Amounts in

9 the Fund shall be available to the Librarian without

10 fiscal year limitation to carry out Revolving Fund

11 service activities under this Act. Obligations for such

12 activities for any fiscal year are limited to the total

13 amounts specified in appropriations Acts for such

14 fiscal year.

15 (b) AMOUNTS DEPOSITED.—

16 (1) FUNDS ATTRIBUTABLE TO REVOLVING

17 FUND SERVICE ACTIVITIES.—Upon the establish18 ment by the Librarian of an activity as a Revolving

19 Fund service activity under section 101, the Librar20 ian shall transfer to the Fund the following:

21 (A) Notwithstanding the requirements of

22 section 1535(d) of title 31, United States Code,

23 any obligated, unexpended balances existing as

24 of the date of the establishment which are at25 tributable to such activity.
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1 (B) An amount equal to the difference

2 between—

3 (i) the total value of the supplies, in4 ventories, equipment, gift fund balances,

5 and other assets of the activity; and

6 (ii) the total value of the liabilities

7 (including the value of accrued annual

8 leave of employees) of the activity.

9 (C) In the case of the cooperative acquisi10 tions program described in section 207 of the

11 Legislative Branch Appropriations Act, 1998,

12 the balance existing in the Cooperative Acquisi13 tions Program Revolving Fund established

14 under section 207(a) of such Act as of the date

15 of the establishment of the program as a Re16 volving Fund service activity.

17 (2) TEMPORARY TRANSFERS OF PREVIOUSLY

18 APPROPRIATED FUNDS.—The Librarian may tempo19 rarily transfer to the Fund other funds appropriated

20 to the Library of Congress, except that the Fund

21 shall reimburse the appropriate accounts of the Li22 brary of Congress for amounts so transferred before

23 the period of availability of the Library appropria24 tion expires.
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1 (c) CREDITS.—The Fund shall be credited with all

2 amounts received by the Librarian which are attributable

3 to Revolving Fund service activities, including—

4 (1) fees, advances, and reimbursements;

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

6 credit to such activity or the Fund;

7 (3) receipts from sales and exchanges of prop8 erty;

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

10 and

11 (5) receivables, inventories, and other assets.

12 (d) INDIVIDUAL ACCOUNTING REQUIREMENT.—A

13 separate account shall be maintained in the Fund with re14 spect to each Revolving Fund service unit.

15 (e) EXCESS FUNDS.—At such times as the Librarian

16 determines to be appropriate, the Librarian shall transfer

17 any amount in the Fund that the Librarian determines

18 to be in excess of the amount required by the Fund to

19 the Treasury for deposit as miscellaneous receipts.

20 (f) ANNUAL REPORT.—Not later than March 31 of

21 each year, the Librarian shall submit to Congress an au22 dited financial statement for the Fund for the preceding

23 fiscal year. The audit of such statement shall be conducted

24 in accordance with Government Auditing Standards for fi-
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1 nancial audits issued by the Comptroller General of the

2 United States.

3 SEC. 104. OPERATION OF REVOLVING FUND SERVICE AC4 TIVITIES.

5 (a) RATES FOR PURCHASE OF PRODUCTS AND SERV6 ICES.—The Librarian is authorized to make any products

7 and services provided as Revolving Fund service activities

8 available for purchase at rates estimated by the Librarian

9 to be adequate to recover, over a reasonable period of time,

10 the direct and indirect costs to the activity of providing

11 such products and services.

12 (b) ADVANCES OF FUNDS.—Participants in Revolv13 ing Fund service activities shall pay for products and serv14 ices of the activity by advance of funds—

15 (1) if the Librarian determines that amounts in

16 the Revolving Fund are otherwise insufficient to

17 cover the costs of providing such products and serv18 ices; or

19 (2) upon agreement between participants and

20 the Librarian.

21 (c) MULTI-YEAR CONTRACTING AUTHORITY.—In the

22 operation of Revolving Fund service activities, the Librar23 ian may—

24 (1) enter into contracts for the lease and acqui25 sition of goods and services (including severable
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1 services) for a period that begins in one fiscal year

2 and ends in the next fiscal year, pursuant to section

3 303L of the Federal Property and Administrative

4 Services Act (41 U.S.C. 253l); and

5 (2) enter into multi-year contracts for the ac6 quisition of property and services, pursuant to sec7 tion 304B of such Act (41 U.S.C. 254c).

8 SEC. 105. REPEAL OF COOPERATIVE ACQUISITIONS PRO9 GRAM.

10 (a) IN GENERAL.—Section 207 of the Legislative

11 Branch Appropriations Act, 1998 (2 U.S.C. 182) is re12 pealed.

13 (b) EFFECTIVE DATE.—The amendment made by

14 subsection (a) shall take effect upon the establishment by

15 the Librarian of the cooperative acquisitions program de16 scribed in section 207 of the Legislative Branch Appro17 priations Act, 1998, as a Revolving Fund service activity

18 under section 101.

19 SEC. 106. NO EFFECT ON PERSONNEL.

20 Nothing in this title may be construed to affect the

21 terms and conditions of employment of any employee of

22 the Library of Congress who carries out any activity des23 ignated as a Revolving Fund service activity or who is as24 signed to a Revolving Fund service unit.
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1 TITLE II—CATALOGING

2 PRODUCTS AND SERVICES

3 SEC. 201. AVAILABILITY OF CATALOGING PRODUCTS AND

4 SERVICES.

5 (a) IN GENERAL.—The Librarian of Congress is au6 thorized to make cataloging products and services created

7 by the Library of Congress available for purchase at prices

8 that reflect as closely as practicable the cost of distribution

9 over a reasonable period of time. Any amounts paid to

10 the Librarian for cataloging products and services pursu11 ant to this subsection shall be deposited in the Treasury

12 to the credit of the appropriation for salaries and expenses

13 of the Library of Congress, and shall remain available

14 until expended for expenses attributable to the necessary

15 distribution of such products and services.

16 (b) DEFINITION.—In this title, the term ‘‘cataloging

17 products and services’’ means bibliographic products and

18 services (in any current or future format) that are used

19 by libraries and library organizations, including other Li20 brary of Congress-created data bases, and related tech21 nical publications.

22 SEC. 202. CONFORMING AMENDMENT.

23 The undesignated paragraph beginning ‘‘The Librar24 ian of Congress’’ under the heading ‘‘PUBLIC PRINT25 ING AND BINDING’’ in section 1 of the Act entitled
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1 ‘‘An Act making appropriations for sundry civil expenses

2 of the Government for the fiscal year ending June thir3 tieth, nineteen hundred and three, and for other pur4 poses’’, approved June 28, 1902 (2 U.S.C. 150), is re5 pealed.

6 TITLE III—LIBRARY OF

7 CONGRESS TRUST FUND BOARD

8 SEC. 301. REVISIONS TO MEMBERSHIP AND OPERATION OF

9 LIBRARY OF CONGRESS TRUST FUND BOARD.

10 (a) ADDITION OF VICE CHAIR OF JOINT COMMITTEE

11 ON THE LIBRARY AS BOARD MEMBER.—Section 1 of the

12 Act entitled ‘‘An Act to create a Library of Congress

13 Trust Fund Board, and for other purposes’’, approved

14 March 3, 1925 (2 U.S.C. 154), is amended in the first

15 sentence of the first paragraph by inserting ‘‘and the vice

16 chair’’ after ‘‘chairman.’’

17 (b) QUORUM REQUIREMENT.—Section 1 of such Act

18 (2 U.S.C. 154) is amended in the second sentence of the

19 first paragraph by striking ‘‘Nine’’ and inserting ‘‘Seven’’.

20 (c) TEMPORARY EXTENSION OF BOARD MEMBER

21 TERM.—Section 1 of such Act (2 U.S.C. 154) is amended

22 in the first paragraph by inserting after the first sentence

23 the following: ‘‘Upon request of the chair of the Board,

24 any member whose term has expired may continue to serve

25 on the Trust Fund Board until the earlier of the date on
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1 which such member’s successor is appointed or the expira2 tion of the 2-year period which begins on the date such

3 member’s term expires.’’.

4 TITLE IV—EFFECTIVE DATE

5 SEC. 401. EFFECTIVE DATE.

6 This Act and the amendments made by this Act shall

7 take effect October 1, 2000.

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