[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4945 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 4945
To establish the Library of Congress Revolving Fund, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 12, 1994
Mr. Rose introduced the following bill; which was referred to the
Committee on House Administration
_______________________________________________________________________
A BILL
To establish 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. AVAILABILITY OF FUND 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 prices that do not exceed levels necessary to
recover the production and distribution costs, over a
reasonable period of time, with respect to each Fund service
unit.
SEC. 102. FUND SERVICE ACTIVITIES.
The Fund service activities that may be conducted by Fund service
units are--
(1) preparation of research reports, translations, and
analytical studies, for departments and other entities of the
Federal Government;
(2) centralized acquisition of publications, information
services, and library materials, and training in library and
information services, for departments and other entities of the
Federal Government;
(3) decimal classification development;
(4) gift shop sales of items associated with collections,
exhibits, performances, and special events of the Library of
Congress;
(5) document location, copying and delivery services, and
international interlibrary lending;
(6) centralized acquisition for libraries participating in
the Library of Congress overseas programs; and
(7) special events and programs, including performances,
exhibits, workshops, and meetings.
SEC. 103. LIBRARY OF CONGRESS REVOLVING FUND.
(a) Establishment.--There is established in the Treasury a fund to
be known as the ``Library of Congress Revolving Fund''. The Fund shall
be available, without fiscal year limitation, to the extent provided in
appropriations Acts, to the Librarian of Congress for the conduct of
Fund service activities. The Fund shall consist of capital under
subsection (b) and credits under subsection (c).
(b) Capital.--The capital of the Fund shall consist of--
(1) amounts appropriated by law for that purpose;
(2) 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, 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
(3) payments for goods and services provided under section
1535 of title 31, United States Code.
(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) receipts from sales and exchanges of property;
(3) payments for loss or damage to property;
(4) receivables, inventories, and other assets;
(5) amounts appropriated by law; and
(6) income from investments under subsection (f).
(d) Individual Accounting Requirement for Fund Service Units.--The
accounts of the Fund, including reserve accounts and accounts for
research and development, shall be maintained with respect to
individual Fund service units, without commingling.
(e) Interest on Certain Appropriated Capital.--Not later than
December 31 of each year, the Librarian of Congress shall make an
interest payment, with respect to the preceding fiscal year, on the
capital in the Fund from appropriations under subsection (b)(1) for the
purposes described in paragraphs (3), (4), (6), and (7) of section 102.
The Secretary of the Treasury shall determine the rate of interest
using the average market yield on outstanding interest bearing
obligations of the United States with approximately one year remaining
until maturity during the month of September preceding the beginning of
the fiscal year involved. The interest payment shall be deposited in
the Treasury as a miscellaneous receipt.
(f) Investments.--The Secretary of the Treasury shall invest any
portion of the Fund (other than amounts from appropriations and amounts
from activities described in paragraphs (1), (2), and (5) of section
102) that, as determined by the Librarian of Congress, is not required
to meet current expenses. Investments shall be made in interest bearing
obligations of the United States or obligations guaranteed as to
principal and interest by the United States that, as determined by the
Librarian of Congress, have maturities suitable for the Fund.
(g) Excess Funds.--If the Librarian of Congress determines that
there is an unobligated balance in the Fund that is not necessary for
Fund service activities, the Librarian shall deposit that balance in
the Treasury as a miscellaneous receipt.
(h) Financial Statements.--(1) Not later than March 31 of each
year, the Librarian of Congress shall submit to the Congress a
financial statement for the Fund for the preceding fiscal year.
(2) The Comptroller General of the United States may audit a
financial statement under paragraph (1) at the discretion of the
Comptroller General or at the direction of a committee of the Congress.
Any such audit shall be in accordance with generally accepted
Government auditing standards.
(3) The authority to conduct audits under paragraph (2) shall apply
with respect to fiscal years beginning with fiscal year 1996.
SEC. 104. DEFINITIONS.
As used in this title--
(1) the term ``Fund'' means the Library of Congress
Revolving Fund;
(2) the term ``Fund service activities'' means the library
information products and services described in section 102; and
(3) the term ``Fund service unit'' means an organizational
entity of the Library of Congress that, at the direction of the
Librarian of Congress, is partially or fully sustained through
the Fund.
TITLE II--CATALOGING PRODUCTS AND SERVICES
SEC. 201. AVAILABILITY 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 do not exceed the distribution
costs involved. The amounts received for such products and services
shall be deposited in the Treasury 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 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. 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.
TITLE III--RETENTION OF PROCEEDS OF CERTAIN SALES AND RESTITUTION
PAYMENTS
SEC. 301. SALE OF CERTAIN EXCESS PERSONAL PROPERTY.
(a) In General.--Subject to subsection (b) and section 302, the
Librarian of Congress may sell personal property that is excess to the
collections or the exchange and donation programs of the Library of
Congress, pursuant to regulations promulgated by the Administrator of
General Services for the disposal of personal property by sale, except
that the proceeds of sales under this section shall be deposited in the
fund under section 304.
(b) Prohibited Sales.--The Librarian may not sell personal property
under subsection (a) if the personal property is--
(1) received by the Library, as a gift or otherwise, under
a written acceptance or other written agreement by the Library
that prohibits sale by the Library;
(2) an audio book, braille book, or sound production
equipment or any other item for the blind or the physically
handicapped under the Act entitled ``An Act to provide books
for the adult blind'', approved March 3, 1931 (2 U.S.C. 135a
and 135b); or
(3) a product of the Congressional Research Service, unless
the sale is approved by the appropriate authority of the
Congress.
SEC. 302. SPECIAL PROVISIONS FOR COPYRIGHT DEPOSIT SALES.
(a) In General.--Under section 301, the Librarian of Congress is
authorized to sell a copyright deposit described in subsection (c) only
if--
(1) the copyright deposit is sold as scrap for recycling,
under a written agreement between the Library and the purchaser
that prohibits resale by the purchaser and use for any purpose
other than recycling;
(2) the copyright deposit has been owned by the Library of
Congress for at least 5 years;
(3) there is no reasonable likelihood that the later resale
or commercial use of the copyright deposit will materially
impair the market value of the work; or
(4) the term of copyright has expired.
(b) Specific Prohibitions.--Notwithstanding subsection (a), the
Librarian may not sell a copyright deposit described in subsection (c)
if--
(1) the work is unpublished at the time of deposit;
(2) the work is subject to a request for retention under
section 704(e) of title 17, United States Code;
(3) the copyright deposit is subject to section 407(d) of
title 17, United States Code, and the joint order as to
disposition has not been issued;
(4) the copyright deposit is made in response to a written
demand under section 407(d) of title 17, United States Code; or
(5) the copyright deposit is subject to a written agreement
between the Library and the depositor that prohibits sale by
the Library.
(c) Copyright Deposit Described.--A copyright deposit, as referred
to in subsections (a) and (b), is a copy, phonorecord, or identifying
material deposited in the Copyright Office under section 407 or 408 of
title 17, United States Code.
SEC. 303. ACCEPTANCE OF RESTITUTION PAYMENTS.
The Librarian of Congress is authorized to accept, for deposit in
the fund under section 304, payments for lost, stolen, damaged, or
destroyed books and other materials from the collections of the
Library, if such payments are--
(1) ordered by a judicial or administrative authority; or
(2) received from a borrower or other Library user.
SEC. 304. FUND FOR RETENTION OF PROCEEDS OF CERTAIN SALES AND
RESTITUTION PAYMENTS.
There is established in the Treasury a fund consisting of the
proceeds from sales under sections 301 and 302 and payments received
under section 303. Amounts in the fund shall be available to the
Librarian of Congress, to the extent provided in appropriations Acts,
to remain available until expended, for the acquisition of books and
other materials for the collections of the Library, including the costs
of administering the national and international acquisition programs of
the Library.
TITLE IV--AMENDMENTS RELATING TO THE LIBRARY OF CONGRESS TRUST FUND
BOARD
SEC. 401. ADDITIONAL MEMBER 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 ``chairman'' the following: ``and the
vice chairman''.
SEC. 402. CEILING INCREASE FOR PERMANENT LOAN ACCOUNT DEPOSITS.
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
``$30,000,000''.
SEC. 403. CLARIFICATION OF 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:
``If so agreed by the Librarian of Congress and the board, a gift
or bequest accepted by the Librarian under the first paragraph of this
section may be invested or reinvested in the same manner as provided
for trust funds under the second paragraph of section 2.''.
TITLE V--SUPPORT AND REIMBURSEMENT OF ARBITRATION PANELS
SEC. 501. PURPOSES OF ARBITRATION PANELS.
Section 801(b)(1) of title 17, United States Code, is amended by
striking out ``and 116,'' and inserting in lieu thereof ``, 116, and
119,''.
SEC. 502. SUPPORT AND REIMBURSEMENT OF PANELS.
Section 801(d) of title 17, United States Code, is amended to read
as follows:
``(d) Support and Reimbursement of Arbitration Panels.--The
Librarian of Congress, upon the recommendation of the Register of
Copyrights, shall provide the copyright arbitration panels with the
necessary administrative services related to proceedings under this
chapter, and shall reimburse the arbitrators at such intervals and in
such manner as the Librarian shall provide by regulation. Each such
arbitrator is an independent contractor acting on behalf of the United
States, and shall be paid pursuant to a signed agreement between the
Library of Congress and the arbitrator. Subject to the provisions of
section 802(c), payments to the arbitrators shall be considered costs
incurred by the Library and the Copyright Office for purposes of
section 802(h)(1).''.
SEC. 503. NONAPPLICABILITY OF LIMITATIONS ON POSITIONS.
Section 802(h)(2) of title 17, United States Code, is amended by
striking out ``Section 307'' and inserting in lieu thereof ``Sections
306(b) and 307''.
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