[Congressional Record Volume 146, Number 34 (Thursday, March 23, 2000)]
[Senate]
[Pages S1678-S1679]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COCHRAN:
  S. 2286. A bill to establish the Library of Congress Financial 
Management Act of 1999, and for other purposes; to the Committee on 
Rules and Administration.


        THE LIBRARY OF CONGRESS FINANCIAL MANAGEMENT ACT OF 1999

 Mr. COCHRAN. Mr. President, I ask unanimous consent that the 
text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2286

       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 Management Act of 1999''.

              TITLE I--LIBRARY OF CONGRESS REVOLVING FUND

     SEC. 101. AVAILABILITY OF FUND FOR 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 rates estimated by the Librarian to be 
     adequate to recover the direct and indirect costs of the 
     activities, with respect to each Fund service unit, over a 
     reasonable period of time.

     SEC. 102. FUND SERVICE ACTIVITIES.

       The Fund service activities that may be conducted by Fund 
     service units are--
       (1) preparation of research reports, translations, 
     analytical studies, and related services for departments and 
     other entities of the Federal Government;
       (2) centralized acquisition of publications and library 
     materials in any format, information, research, and library 
     support services; training in library and information 
     services; and related services for departments and other 
     entities of the Federal Government;
       (3) decimal classification development;
       (4) gift shop and other sales of items associated with 
     collections, exhibits, performances, and special events of 
     the Library of Congress;
       (5) location, copying, storage, preservation and delivery 
     services for library document and audio-visual materials, not 
     including basic domestic interlibrary loan services; and 
     international interlibrary lending;
       (6) special events and programs; performances, exhibits, 
     workshops, and training; and
       (7) cooperative acquisitions of foreign publications and 
     research materials and related services on behalf of 
     participating institutions.

     SEC. 103. LIBRARY OF CONGRESS REVOLVING FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the Library of 
     Congress Revolving Fund. The Fund shall be available to the 
     Librarian of Congress without fiscal year limitation, for the 
     conduct of Fund service activities operated by the Library on 
     a cost-recovery basis. Obligations for Fund service 
     activities are limited to the total amounts specified in the 
     appropriations act for any fiscal year. The Fund shall 
     consist of amounts deposited under subsection (b) and credits 
     under subsection (c).
       (b) Capital; Amounts Deposited.--The Fund shall consist 
     of--
       (1) amounts from funds appropriated to the Library of 
     Congress that the Librarian may temporarily transfer to the 
     Fund for capitalization of the Fund, in which case the Fund 
     shall reimburse the Library for amounts so transferred before 
     the period of availability of the Library appropriation 
     expires;
       (2) any amounts transferred as capital from the fund 
     authorized under section 207(b)(2) of Legislative Branch 
     Appropriation Act, 1998 (Public Law 105-55) (as such section 
     was in effect on the day before the date of enactment of this 
     Act);
       (3) any obligated, unexpended balances existing as of 
     September 30, 2000, or the date of enactment of this Act, 
     whichever is later, attributable to the activities specified 
     in section 102 that the Library conducts, which balances the 
     Librarian may transfer to the Fund notwithstanding the 
     requirements of section 1535(d) of title 31, United States 
     Code;
       (4) 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, inventories, 
     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
       (5) any amounts appropriated by law for the purposes of the 
     Fund.
       (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) gifts or bequests of money or property for credit to 
     the Fund;

[[Page S1679]]

       (3) receipts from sales and exchanges of property;
       (4) payments for loss or damage to property;
       (5) receivables, inventories, and other assets; and
       (6) amounts appropriated by law.
       (d) Advances of Funds.--Participants in Fund services 
     activities shall pay by advance of funds in all cases where 
     it is determined by the Librarian that there is insufficient 
     capital otherwise available in the Fund. Advances of funds 
     also may be made by agreement between the participants and 
     the Librarian.
       (e) Individual Accounting Requirement for Fund Service 
     Units.--Separate accounts of the Fund shall be maintained 
     with respect to individual Fund service units.
       (f) Excess Funds.--Any unobligated and unexpended balances 
     in 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 a 
     miscellaneous receipt. For the purpose of the preceding 
     sentence the term ``amounts needed for activities financed by 
     the Fund'' means the direct and indirect costs of the 
     activities, including the costs of purchasing, shipping, and 
     binding of books and other library materials; supplies, 
     materials, equipment and service needed in support of the 
     activities; salaries and benefits; general overhead; and 
     travel.
       (g) Multiyear Contracting Authority.--In the operation of 
     Fund activities, the Librarian is authorized to enter into 
     contracts for the lease and acquisition of goods and services 
     (including severable services) for a period that begins in 
     one fiscal year and ends in the next fiscal year, and to 
     enter into multiyear contracts for the acquisition of 
     property and services, in the same manner and to the same 
     extent as the head of an executive agency may enter into such 
     contracts under sections 303L and 304B, respectively, of the 
     Federal Property and Administrative Services Act (41 U.S.C. 
     253l and 254c).
       (h) Annual Report.--Not later than March 31 of each year, 
     the Librarian shall submit to Congress an audited financial 
     statement for the Fund for the preceding fiscal year. The 
     audit shall be conducted in accordance with Government 
     Auditing Standards for financial audits issued by the 
     Comptroller General of the United States.

     SEC. 104. DEFINITIONS.

       As used in this title--
       (1) the term ``departments and other entities of the 
     Federal Government'' means any department, agency or 
     instrumentality of the United States Government, including 
     executive departments, military departments, independent 
     establishments, wholly owned Government corporations, and 
     entities in the legislative and judicial branches, and 
     includes any department, agency or instrumentality of the 
     District of Columbia government;
       (2) the term ``Fund'' means the Library of Congress 
     Revolving Fund established under section 103;
       (3) the term ``Fund service activities'' means the library 
     information products and services described in section 102;
       (4) the term ``Fund service unit'' means an organizational 
     entity of the Library of Congress that, at the direction of 
     the Librarian, is partially or fully sustained through the 
     Fund; and
       (5) the term ``Librarian'' means the Librarian of Congress.

     SEC. 105. REPEAL.

       Section 207 of the Legislative Branch Appropriations Act, 
     1998 (Public Law 105-55) is repealed.

     SEC. 106. EFFECTIVE DATE.

       This title shall take effect on October 1, 2000.

               TITLE II--CATALOGING PRODUCTS AND SERVICES

     SEC. 201. AVAILAB1LITY 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 reflect as 
     closely as practicable the cost of distribution over a 
     reasonable period of time. The amounts received for such 
     products and services shall be deposited in the Treasury of 
     the United States 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 
     bibliographic products and services, in any format now known 
     or later developed, that are used by libraries and library 
     organizations, including 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 the first 
     section 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.

     SEC. 203. EFFECTIVE DATE.

       This title and the amendment made by this title shall take 
     effect on October 1, 2000.

       TITLE III--LIBRARY OF CONGRESS TRUST FUND BOARD AMENDMENTS

     SEC. 301. ADDITION OF BOARD MEMBER.

       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 ``and 
     vice chairman'' after ``chairman.''

     SEC. 302. TEMPORARY EXTENSION OF BOARD MEMBER TERM.

       The first paragraph of the first section of such Act (2 
     U.S.C. 154) is amended by inserting after the first sentence 
     the following: ``Upon the request of the chairman of the 
     Joint Committee on the Library, any member whose term has 
     expired may continue to serve on the Library of Congress 
     Trust Fund Board until the earlier of (A) the date on which 
     such member's successor is appointed, or (B) the end of the 
     two-year period beginning on the date such member's term 
     expires.''.

     SEC. 303. TRUST FUND BOARD QUORUM.

       The third sentence of the first paragraph of the first 
     section of such Act (as amended by section 302) (2 U.S.C. 
     154) is amended by striking ``Nine'' and inserting 
     ``Seven''.
                                 ______