[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 345 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 345

  To authorize the Library of Congress to provide certain information 
             products and services, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 4 (legislative day, January 5), 1993

 Mr. Pell (for himself, Mr. Stevens, Mr. DeConcini, Mr. Moynihan, and 
 Mr. Hatfield) introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
  To authorize the Library of Congress to provide certain information 
             products and services, 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 Fund Act of 
1993''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress makes the following findings:
            (1) The Library of Congress was established by the Congress 
        as a library for the Congress.
            (2) The Congress has extended the services of the Library 
        of Congress to the Nation.
            (3) The Library of Congress now serves the Nation by 
        providing research and reference for Congress and providing 
        public access to its rich collections through its reading rooms 
        and through interlibrary loan and through a variety of special 
        programs and services.
    (b) Intent of Congress.--It is the intent of Congress that--
            (1) the first priority of the Library of Congress is, and 
        shall remain, to serve the information and research needs of 
        the Congress;
            (2) core Library of Congress services shall continue to be 
        provided at no cost to the Congress, Library of Congress users, 
        and the Nation's libraries;
            (3) the Library of Congress shall provide national library 
        products and services, including bibliographic data and 
        technical publications, and may recover the distribution costs 
        for providing such products and services;
            (4) the Library of Congress shall distribute core and 
        national publications to depository libraries as required by 
        chapter 19 of title 44 of the United States Code;
            (5) the Library of Congress shall make available to the 
        Government Printing Office for distribution to the depository 
        library program specialized library products and services where 
        covered by title 44;
            (6) the Library of Congress may provide specialized library 
        products and services on a fee basis and may recover the 
        production and distribution costs for providing such products 
        and services;
            (7) the Library of Congress shall act in accordance with 
        the protections afforded copyrighted material under the 
        Copyright Act (title 17, United States Code); and
            (8) the Library of Congress shall, in developing 
        specialized products and services, consider and foster a 
        diversity of sources.
    (c) Purposes.--The purposes of this Act are--
            (1) to expand and clarify the authority of the Library of 
        Congress to provide certain information products and services;
            (2) to make national and specialized library research and 
        information products and services more readily available to 
        Federal, State, and local agencies, foreign governments, as 
        well as libraries, schools, institutions of higher education, 
        industry, business, and other organizations and individuals;
            (3) to clarify and define the authority of the Library of 
        Congress to be compensated for such products and services;
            (4) to provide administrative mechanisms whereby the 
        Library of Congress may charge fees for certain information 
        products and services; and
            (5) to improve the accountability of the Library of 
        Congress to the Congress and the public.

SEC. 3. DEFINITIONS.

    As used in this Act--
            (1) Core library products and services.--The term ``core 
        library products and services'' means domestic interlibrary 
        loan and information products and services in any format 
        customarily provided by libraries to users at no charge. Such 
        products and services, which will evolve over time and with 
        changing technologies, include organizing, cataloging, and 
        preserving library collections, and providing access to Library 
        reading rooms, reference services, databases, and collections. 
        Such core products and services may include electronic access 
        to the contents of the collections, subject to any relevant 
        legal restrictions.
            (2) National library products and services.--The term 
        ``national library products and services'' means information 
        products and services, in any format, including bibliographic 
        products and services and other technical publications, and 
        other Library-created databases that--
                    (A) are used by libraries and library 
                organizations; and
                    (B) play a role in maintaining and improving 
                library services throughout the Nation.
        Such national library products and services may include 
        electronic access to the contents of the collections, subject 
        to any relevant legal restrictions.
            (3) Distribution costs.--The term ``distribution costs'' 
        means costs sustained by the Library of Congress, over and 
        above the costs of services funded by appropriations, to 
        package and distribute national library products and services. 
        Such costs include salaries and benefits, materials and 
        supplies, inventory obsolescence, travel, research and 
        development costs related to the distribution of national 
        library products and services, operation and maintenance, 
        depreciation, and related administrative costs.
            (4) Specialized library products and services.--
                    (A) The term ``specialized library products and 
                services'' means customized information products and 
                services that--
                            (i) exceed core services;
                            (ii) are not national library products and 
                        services; and
                            (iii) are created for individuals or 
                        discrete groups of persons or entities.
                    (B) The products and services are limited to--
                            (i) research reports and analytical 
                        studies;
                            (ii) gift shop items such as realia, 
                        publications, graphic and pictorial materials, 
                        and audio-visual works and sound recordings 
                        associated with Library collections, exhibits, 
                        performances, or special events;
                            (iii) item replacement, document location, 
                        copying and delivery services;
                            (iv) centralized acquisition of books, 
                        services and library materials for Federal 
                        libraries and information centers;
                            (v) centralized acquisition activities for 
                        libraries participating in Library of Congress 
                        overseas programs;
                            (vi) electronic access to the contents of 
                        the collections; and
                            (vii)(I) translation and foreign language 
                        services;
                            (II) search of databases;
                            (III) training in preservation methods and 
                        library services;
                            (IV) preservation products and services;
                            (V) special events and programs.
            (5) Production and distribution costs.--The term 
        ``production and distribution costs'' means costs related to 
        the research, development, production and distribution of a 
        specialized library product or service. Such costs include 
        salaries and benefits, materials and supplies, inventory 
        obsolescence, travel, research and development costs, operation 
        and maintenance, depreciation, and related administrative 
        costs.

                 TITLE I--LIBRARY PRODUCTS AND SERVICES

SEC. 101. NATIONAL LIBRARY PRODUCTS AND SERVICES.

    (a) In General.--The Librarian of Congress is authorized to furnish 
national library products and services to institutions or individuals 
for purchase.
    (b) Charging for Products and Services.--The Librarian of Congress 
may charge a price for products and services referred to in subsection 
(a) that covers the distribution costs of the products and services. 
All moneys received through the distribution of national library 
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.
    (c) Repeal.--The paragraph beginning ``The Librarian of Congress'' 
under the heading ``Public Printing and Binding'' in section 1 of the 
Act of June 28, 1902 (ch. 1301; 32 Stat. 480), as amended by section 
405(c) of Public Law 95-94 (91 Stat. 682), is repealed.

SEC. 102. NEW FUND SERVICE ACTIVITIES.

    (a) In General.--In developing, producing, and distributing 
specialized products and services, the Library may establish 
collaborative relationships with one or more interested parties. 
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 (29 Stat. 54; 2 U.S.C. 136), the Librarian of Congress shall 
promulgate regulations concerning the establishment and conduct of such 
collaborative relationships. No such collaborative relationship shall 
interfere with timely, equal, and equitable access by the public to the 
underlying materials in the Library's collections.
    (b) Notice.--The Librarian shall publish a notice in the Federal 
Register each time significant new Fund service activities are proposed 
under the authority of section 202(d). The notice shall include 
information about the objective of the proposed activity, its cost, its 
intended audience, its benefits to the public and the reason for 
Library of Congress participation. The public shall have at least 45 
days to comment on the proposed new activity. The Librarian's decision 
establishing a new activity within specialized library products or 
services shall be published in the Federal Register accompanied by an 
explanation.
    (c) Reporting.--In addition to the provision in section 102(b), and 
before establishing the services described in section 3(4)(B)(vii), the 
Librarian shall submit a written report to the Joint Committee on the 
Library. The Library will publish in the Federal Register the date of 
the report's submission to the Joint Committee on the Library and the 
fact of its availability from the Library. The report shall include 
information about the objective of the proposed new service, its cost, 
its intended audience, its benefits to the public, the reason for 
Library of Congress participation, and a summary of the public comments 
received.
    (d) Implementation.--Unless the Joint Committee disapproves a new 
service subject to the provisions of subsection (c) or requests a delay 
in its implementation, the Librarian may undertake such a service 30 
days after submitting the report.
    (e) Limitation.--Any new Fund service activity shall be established 
as provided in section 202(a).

SEC. 103. MOVEMENT OF SPECIALIZED PRODUCTS AND SERVICES TO ANOTHER 
              SERVICE CATEGORY.

    Library products and services that originate in one fiscal year as 
specialized library products and services (such as research reports and 
analytical studies, translation and foreign language services, search 
of databases, preservation products and services, and electronic access 
to the contents of the collections) may be provided as core or national 
library products and services in a subsequent fiscal year.

 TITLE II--LIBRARY OF CONGRESS REVOLVING FUND FOR SPECIALIZED PRODUCTS 
                              AND SERVICES

SEC. 201. 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 the 
        ``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 specialized library information products 
        and services authorized by this Act and any other activities 
        lawfully assigned by the Librarian of Congress to the Fund 
        service units under 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. 202. 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 
        appropriations 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)(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), less
            (B) the amount of related liabilities, the amount of unpaid 
        obligations, and the value of accrued annual leave of employees 
        which are attributable to the activities the financing of which 
        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 specialized library products and services furnished 
        or to be furnished under this Act;
            (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) Fund Service Activities.--The Librarian of Congress is 
authorized to furnish to institutions or individuals for purchase 
specialized library products and services. The Librarian of Congress 
may charge a price for such products and services that will cover the 
production and distribution costs of the products and services.
    (e) Fees.--The Librarian shall set fees to recover the costs of 
specialized library products and services provided by each Fund service 
unit. To the maximum extent feasible, the activities of each individual 
Fund service unit shall be conducted on an actual cost basis over a 
reasonable period of time.
    (f) Availability of Funds.--The Fund shall be available to the 
Librarian for the payment of all costs of conducting Fund service 
activities, including the payment of any financial obligation related 
to these activities that were undertaken by the Librarian of Congress 
prior to the establishment of the Fund and that were subsequently 
transferred to the Fund by law or in conjunction with any 
reorganization authorized by law.
    (g) 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 support research and development activities of that Fund 
service unit. Fund service unit accounts shall not be commingled with 
other Fund service unit accounts.
    (h) 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 this annual charge is 
equal to the average market yield computed as of the end of March, 
borne by all marketable interest-bearing obligations of the United 
States then forming a part of the public debt. If the average market 
yield is not a multiple of one-eighth of one percent, the rate of 
interest on the obligations shall be the multiple of one-eighth of one 
percent nearest the average market yield.
    (i) Investment of Funds.--The Librarian of Congress shall 
immediately invest and reinvest with the approval of the Secretary of 
the Treasury in public debt securities of the United States such 
currently available portions of the Fund, other than appropriated 
capital, as are not immediately required for payments from the Fund. 
Investments in public debt securities shall bear interest at rates 
determined by the Secretary of the Treasury taking into consideration 
the current average market yield on outstanding marketable obligations 
of the United States of comparable maturity. The income derived from 
these investments constitutes a part of the Fund.
    (j) Mistaken 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.
    (k) Excess Funds.--Any unobligated and unexpended balances of the 
Fund which 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.
    (l) Reports.--
            (1) Annual.--The Librarian shall report activities and 
        financial transactions of the Fund in the annual report of the 
        Librarian of Congress.
            (2) 5-year.--Five years after the effective date of this 
        Act, and again 10 years after the effective date of this Act, 
        the Librarian, after collaboration with representatives of 
        library users, librarians, and the information and publishing 
        industries, shall submit to the Congress a report setting forth 
        the extent to which the Library of Congress Fund Act of 1993 
        has achieved the intended balancing of the authority to add 
        specialized library products and services while providing the 
        core library products and services at no charge and the 
        national library products and services at their distribution 
        costs. The report should also describe any problems that may 
        have arisen, and present legislative or other recommendations 
        if warranted.
    (m) Audits.--The General Accounting Office shall audit the 
financial activities of the Fund pursuant to the regulations of the 
Comptroller General. The first audit shall be conducted no later than 
two years after the establishment of the Fund and biennially 
thereafter.

              TITLE III--GENERAL STANDARDS AND LIMITATIONS

SEC. 301. PRESERVATION OF SECURITY CLASSIFICATION.

    (a) In General.--Notwithstanding any other provisions 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. 302. APPLICATION OF ACT.

    (a) Copyright.--This Act shall not modify or otherwise change any 
provision of title 17 of the United States Code, specifically including 
section 105 of title 17.
    (b) CRS.--In keeping with the intent and purposes of provisions of 
the Legislative Reorganization Act of 1946, as amended by the 
Legislative Reorganization Act of 1970 (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, without prior approval of 
        either the Committee on House Administration of the House of 
        Representatives or the Senate Committee on Rules and 
        Administration.

SEC. 303. CONSTRUCTION OF ACT.

    Nothing in this Act shall be construed to--
            (1) permit the Library of Congress to impose redistribution 
        fees for domestic use of core or national library products and 
        services;
            (2) amend chapter 19 of title 44 of the United States Code 
        or in any way modify the Library of Congress distribution of 
        publications to Federal depository libraries as required by 
        chapter 19 of title 44;
            (3) require the levying of redistribution fees;
            (4) require the levying of fees or charges for services 
        provided and products furnished pursuant to reciprocal 
        arrangements for the exchange of information; and
            (5) modify in any way the Library of Congress's service to 
        the Congress.

SEC. 304. REGULATIONS.

    (a) In General.--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 (29 Stat. 54; 2 U.S.C. 136), the Librarian of 
Congress shall promulgate such regulations as are necessary to 
implement this Act.
    (b) APA.--Notwithstanding the inapplicability of the Administrative 
Procedure Act to the Library, the Library, when proposing new Fund 
service activities, shall follow the rulemaking notification procedures 
of section 553 of title 5, United States Code.

                                 <all>

S 345 IS----2