[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4736 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 4736
To establish in the Treasury of the United States the Library of
Congress Revolving Fund, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 1994
Mr. Rose (by request) introduced the following bill; which was referred
jointly to the Committees on House Administration and the Judiciary
_______________________________________________________________________
A BILL
To establish in the Treasury of the United States the Library of
Congress Revolving Fund, 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 Reform
Act of 1994''.
TITLE I--LIBRARY OF CONGRESS REVOLVING FUND
SEC. 101. DEFINITIONS.
For the purposes of this title:
(1) Fund.--The term ``Fund'' means the Library of Congress
Revolving Fund.
(2) Library of congress revolving fund.--The term ``Library
of Congress Revolving Fund'' means that fiscal resource
established in the United States Treasury to enable the Library
of Congress to conduct a cycle of operations in which
expenditures generate income, which is then credited directly
to that resource.
(3) Fund service activities.--The term ``Fund service
activities'' means the library information products and
services authorized by section 102.
(4) Fund service units.--The term ``Fund service units''
means those organizational entities that, at the direction of
the Librarian of Congress, are partially or fully sustained
through the collection of fees credited to the Fund.
SEC. 102. FUND SERVICE ACTIVITIES AUTHORIZED.
The Fund service activities that are authorized by this Act and
that may be conducted by Fund service units are limited to the
following:
(1) Research reports, translations, and analytical studies,
where such materials are prepared for Federal agencies.
(2) Centralized acquisition of publications, information
services, and library materials, and training in library and
information services, for Federal agencies.
(3) Decimal classification development.
(4) Gift shop activities involving sale of items associated
with Library collections, exhibits, performances, or special
events.
(5) Document location, copying and delivery services, and
international interlibrary lending.
(6) Centralized acquisition activities for libraries
participating in the Library of Congress overseas programs.
(7) Special events and programs, such as performances,
exhibits, workshops, and meetings.
SEC. 103. OPERATION OF THE LIBRARY OF CONGRESS REVOLVING FUND.
(a) Establishment of Fund.--
(1) In general.--There is established in the Treasury of
the United States the Library of Congress Revolving Fund. The
Fund shall be available to the Librarian, without fiscal year
limitation, for use as a revolving fund to carry out Fund
service activities.
(2) Restriction.--Obligations for Fund service activities
are limited to the total amounts specified in the appropriation
Act for any fiscal year.
(b) Fund Capital.--The capital of the Fund shall consist of the
aggregate of--
(1) appropriations made to provide capital for the Fund
which appropriations are authorized under this Act; and
(2) the difference between--
(A) the sum of the fair and reasonable value of
such supplies, equipment, and other assets as the
Library from time to time transfers to the Fund,
including the amount of the unexpended balances of gift
funds relating to activities the financing of which is
transferred to the Fund, and
(B) the sum of the amounts of related liabilities
and unpaid obligations, and the value of accrued annual
leave of employees, which amounts and value are
attributable to those activities whose financing is
transferred to the Fund.
(c) Crediting to the Fund.--The Fund shall be credited with--
(1) all fees, advances, and reimbursements received from
any source for products and services furnished or to be
furnished by the Fund service units as authorized Fund service
activities under this Act, including transfers of monies
received during the year by Fund service units for services and
products furnished under Economy Act agreements;
(2) receipts from sales or exchanges of property, and
payments for loss or damage to property, accounted for under
the Fund;
(3) all receivables, inventories, and other assets
associated with Fund service activities;
(4) any sums appropriated by law for the conduct of Fund
service activities; and
(5) any sums accruing from interest paid on Fund
investments.
(d) Authority To Set and Charge Fees.--With respect to the Fund
service activities authorized by section 102, the Librarian of Congress
is authorized to set fees to recover the production and distribution
costs of library products and services provided by each Fund service
unit, to charge those fees to the institutions and individuals
purchasing the products and services, and to furnish said products and
services. The activities of each individual Fund service unit shall, to
the maximum extent feasible, be conducted on an actual cost basis over
a reasonable period of time.
(e) Availability of Fund.--The Fund shall be available to the
Librarian of Congress for the payment of all costs of conducting Fund
service activities, including the payment of any financial obligations
related to these activities that were undertaken by the Librarian
before the establishment of the Fund and that were later transferred to
the Fund by law or in conjunction with any reorganization authorized by
law.
(f) Responsibilities of Fund Service Units.--The nonappropriated
capital of the Fund shall be accounted for by Fund service units. Any
unobligated and unexpended balances of these Fund service unit accounts
shall be available to provide reserve accounts and to support research
and development activities of that Fund service unit. Fund service unit
accounts shall not be commingled with other Fund service unit accounts.
(g) Interest on Appropriated Capital.--An annual interest charge
shall be paid by the Fund to the general fund of the Treasury for
appropriations made to provide capital for Fund service units that
predominantly sell library products and services to non-Federal
customers. The interest rate used to calculate an annual interest
charge shall be determined by the Secretary of the Treasury taking into
consideration average market yields on outstanding marketable
obligations of the United States with approximately one year remaining
to maturity during the month preceding each fiscal year.
(h) Investment of Funds.--Upon the request of the Librarian of
Congress, the Secretary of the Treasury shall invest such portion of
the Fund, except for amounts appropriated to the Fund, as is not in the
judgment of the Librarian of Congress required to meet current
withdrawals. Such investments shall be in public debt securities with
maturities suitable to the needs of the Fund, as determined by the
Librarian of Congress, and bearing interest at rates determined by the
Secretary of the Treasury, taking into consideration current market
yields on outstanding marketable obligations of the United States of
comparable maturity. The income on such investments shall be credited
to and form a part of the Fund.
(i) Mistaken Payment or Overpayment From Fund.--The Librarian of
Congress shall make provisions for the refund from the Fund of any fees
paid by mistake or overpayment.
(j) Excess Funds.--Any unobligated and unexpended balances of 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 miscellaneous receipts.
(k) Audits.--The General Accounting Office shall audit the
financial activities of the Fund pursuant to the regulations of the
Comptroller General and shall furnish reports of such audits to the
Congress and to the Librarian.
TITLE II--CATALOGING PRODUCTS AND SERVICES
SEC. 201. DEFINITION.
For the purposes of this title, the term ``cataloging products and
services'' means those information products and services, in any format
now known or later developed, that are used by libraries and library
organizations, including bibliographic products and services, other
Library-created data bases, and related technical publications.
SEC. 202. FURNISHING CATALOGING PRODUCTS AND SERVICES.
(a) In General.--The Librarian of Congress is authorized to furnish
cataloging products and services to institutions or individuals for
purchase.
(b) Charging for Cataloging Products and Services.--The Librarian
of Congress may charge a price for products and services referred to in
subsection (a) that is limited to the distribution costs of the
products and services. All monies received through the distribution of
cataloging products and services shall be deposited in the Treasury and
shall be credited to the Library of Congress salaries and expenses
appropriation to remain available until expended for necessary
distribution of such products and services of the Library.
TITLE III--RETENTION OF PROCEEDS BY LIBRARY OF CONGRESS
SEC. 301. SALE OF EXCESS MATERIALS.
(a) Sales Authorized.--Except as provided by subsections (b) and
(c), personal property, including books, periodicals, phonorecords, and
other material, that the Librarian of Congress determines to be excess
to the collections of the Library of Congress or the exchange and
donation programs of the Library may be sold by the Librarian pursuant
to regulations promulgated by the Administrator of General Services for
the disposal of personal property by sale.
(b) Copyright Deposits.--
(1) Sales not authorized.--The Librarian shall not be
authorized to sell copies, phonorecords, or identifying
material deposited in the Copyright Office under title 17,
United States Code, in cases where--
(A) the work was unpublished at the time of
deposit;
(B) the work is subject to a request for retention
under section 704(e) of title 17, United States Code;
(C) the articles deposited are still under the
control of the Copyright Office, and the joint decision
as to their disposition required by section 704(d) of
title 17, United States Code, has not been taken by the
Librarian of Congress and the Register of Copyrights;
(D) the articles deposited under section 407 of
title 17, United States Code, in response to a demand
specifically identifying the work in question; or
(E) the Library and the depositor of the articles
deposited under title 17, United States Code, have
entered into a written agreement that addresses
disposition of said articles, and the sale would not be
authorized under such agreement.
(2) Sales authorized in certain cases.--Subject to the
provisions of subsection (a) and of paragraph (1), the
Librarian shall be authorized to sell copies, phonorecords, or
identifying material deposited in the Copyright Office under
title 17, United States Code, where--
(A) the articles are sold exclusively as scrap for
purposes of recycling, under an agreement with the
purchaser that they will not be resold or used for any
other purpose; or
(B) the Library of Congress has owned the articles
for at least 5 years, or there is no reasonable
likelihood that their later resale or commercial use by
the purchaser or the purchaser's successors in title
would materially impair the market value of the work.
(3) Sales authorized; expired copyrights.--Notwithstanding
the provisions of paragraphs (1) and (2), the Librarian shall
be authorized to sell any articles deposited under title 17,
United States Code, when the term of copyright in the work has
expired.
(c) Other Sales Not Authorized.--The Librarian shall not be
authorized to sell--
(1) materials received by the Library under a written deed
of gift, a license, or other contractual agreement signed by
the Library, where the agreement expressly precludes the
transfer of ownership or possession by the Library of such
material, or the proposed sale is not authorized by the terms
of the agreement;
(2) audio books, braille books, and sound production
equipment distributed by the National Library Service for the
Blind and Physically Handicapped; or
(3) products of the Congressional Research Service, unless
approved by Congress.
SEC. 302. ACCEPTANCE OF PAYMENTS OR RESTITUTION.
The Librarian is authorized to accept all sums tendered as payment
or restitution for lost, stolen, damaged, or destroyed books,
periodicals, newspapers, phonorecords, or other materials from the
Library's collection if such sums are--
(1) ordered by any judicial or administrative authority to
be paid to the Library; or
(2) received from a borrower or other Library user.
SEC. 303. RETENTION OF PROCEEDS OF SALES, PAYMENTS, OR RESTITUTION.
(a) Account Established.--There is established in the Treasury of
the United States an account consisting of the proceeds of any sale
described in section 301 or of any payment or restitution described in
section 302.
(b) Expenditures.--Amounts in the account described in subsection
(a) shall be available to the Librarian, to the extent provided in
appropriations Acts, until expended, for the acquisition of books,
periodicals, phonorecords, and other materials, including the costs of
administering the national and international acquisition programs of
the Library.
TITLE IV--AMENDMENTS TO THE LIBRARY OF CONGRESS TRUST FUND BOARD ACT
SEC. 401. ADDITIONAL MEMBERSHIP ON THE LIBRARY OF CONGRESS TRUST FUND
BOARD.
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 after ``the chairman'' the following: ``and the
vice chairman''.
SEC. 402. LIMIT ON AMOUNT ON DEPOSIT IN THE PERMANENT LOAN ACCOUNT,
UNITED STATES TREASURY.
The proviso in the third undesignated paragraph of section 2 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. 158), is
amended by striking out ``$10,000,000'' and inserting in lieu thereof
``$20,000,000''.
SEC. 403. TEMPORARY INVESTMENT AUTHORITY.
Section 2 of the Act entitled ``An Act to create a Library of
Congress Trust Fund Board, and for other purposes'', approved March 3,
1925, is amended--
(1) in the third undesignated paragraph (2 U.S.C. 158), by
inserting after ``subject to'' the following: ``subsequent'';
and
(2) in the second sentence of the fourth undesignated
paragraph (2 U.S.C. 158a), by inserting after ``retained'' the
following: ``by the Librarian''.
SEC. 404. AUTHORITY TO TRANSFER GIFT FUNDS TO THE BOARD.
Section 4 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. 160), is amended by adding at the end the following new
undesignated paragraph:
``Gifts or bequests accepted by the Librarian under the authority
of this section may subsequently be offered by the Librarian to the
Board in cases where the Librarian determines, and the Board agrees,
that the purposes of the gift or bequest would best be accomplished by
the Board's authority to invest and reinvest monies or securities
donated or bequeathed.''.
TITLE V--AMENDMENTS TO COPYRIGHT ARBITRATION ROYALTY PANELS LEGISLATION
SEC. 501. ARBITRATION PROCEEDINGS.
Section 802(c) of title 17, United States Code, is amended by
striking out the last two sentences.
SEC. 502. ADMINISTRATIVE MATTERS.
Section 802(h) of title 17, United States Code, is amended by
striking out paragraph (1), by redesignating paragraph (2) as paragraph
(5), and by inserting after the section heading the following new
paragraphs:
``(1) Deduction or assessment of costs of the library of
congress and the copyright office.--The Librarian of Congress
and the Register of Copyrights may, to the extent not otherwise
provided under this title, deduct from royalty fees deposited
or collected under this title the reasonable costs incurred by
the Library of Congress and the Copyright Office under this
chapter. Such deduction may be made before the fees are
distributed to any copyright claimants. If no royalty pool
exists from which their costs can be deducted, the Librarian of
Congress and the Copyright Office may assess their reasonable
costs directly to the parties to the most recent relevant
arbitration proceeding.
``(2) Deduction of costs of the copyright arbitration
royalty panels in distribution proceedings from royalty fees.--
In distribution proceedings, the Librarian of Congress and the
Register of Copyrights may deduct from royalty fees deposited
or collected under this title the reasonable costs incurred by
the copyright arbitration royalty panels, and pay the
arbitrators from such deductions at such intervals and in such
manner as the Librarian of Congress shall by regulation
provide. Such deduction may be made before the fees are
distributed to any copyright claimants. Claimants shall bear
the costs of the copyright arbitration royalty panels in direct
proportion to their share of the distribution.
``(3) Payment of costs of the copyright arbitration royalty
panels in ratemaking proceedings.--In ratemaking proceedings,
the Librarian of Congress and the Register of Copyrights may
require the parties to pay the costs of the copyright
arbitration royalty panels to the Librarian of Congress who
shall, in turn, make payments to the arbitrators, at such
intervals and in such manner as the Librarian of Congress shall
by regulation provide. The parties to such proceedings shall
bear the entire cost thereof in such manner and proportion as
the arbitration panels shall direct.
``(4) Payment and status of the arbitrators.--Arbitrators
are independent contractors acting on behalf of the United
States. Arbitrators shall be paid pursuant to a signed
agreement between the Library of Congress and the
arbitrators.''.
TITLE VI--SUPPLEMENTARY PROVISIONS
SEC. 601. PRESERVATION OF SECURITY CLASSIFICATION.
(a) In General.--Notwithstanding any other provision of this Act,
the Librarian of Congress shall respect and preserve the security
classification of any scientific or technical information, data,
patents, inventions, or discoveries in, or coming into, the possession
or control of the Library of Congress. The President or a designee
shall certify the classified status of any classified items received by
the Librarian of Congress as being essential in the interest of
national defense.
(b) Effect on Other Laws.--Nothing in this Act shall be construed
as modifying or limiting any other statute relating to the
classification of information for reasons of national defense or
security.
SEC. 602. APPLICATION OF ACT.
(a) Copyright.--Subject to the provisions of sections 501 and 502,
nothing in this Act shall be construed as modifying or limiting any
provision of title 17, United States Code.
(b) CRS.--In keeping with the intent and purposes of provisions of
section 203 of the Legislative Reorganization Act of 1946 (2 U.S.C.
166)--
(1) the resources of the Congressional Research Service
shall not be utilized to generate fee-based research and
information services; and
(2) the products of the Congressional Research Service
shall not be marketed or published by the Library of Congress
without prior approval of either the Committee on House
Administration of the House of Representatives or the Senate
Committee on Rules and Administration.
SEC. 603. REGULATIONS.
Pursuant to the first paragraph under the heading ``library of
congress'' in the first section of the Act entitled ``An Act making
appropriations for the legislative, executive, and judicial expenses of
the Government for the fiscal year ending June thirtieth, eighteen
hundred and ninety-eight, and for other purposes'', approved February
19, 1897 (2 U.S.C. 136), the Librarian of Congress shall promulgate
such regulations as are necessary to implement this Act.
SEC. 604. ANNUAL REPORT.
The Librarian shall each year report the activities and financial
transactions resulting from implementation of this Act in the annual
report of the Librarian of Congress.
SEC. 605. REPEAL.
The paragraph beginning ``The Librarian of Congress'' under the
heading ``PUBLIC PRINTING AND BINDING'' in section 1 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.
<all>
HR 4736 IH----2
HR 4736 IH----3