[Congressional Record Volume 155, Number 115 (Tuesday, July 28, 2009)]
[House]
[Pages H8936-H8937]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      WILLIAM ORTON LAW LIBRARY IMPROVEMENT AND MODERNIZATION ACT

  Ms. ZOE LOFGREN of California. Madam Speaker, I move to suspend the 
rules and pass the bill (H.R. 2728) to provide financial support for 
the operation of the law library of the Library of Congress, and for 
other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2728

       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 ``William Orton Law Library 
     Improvement and Modernization Act''.

     SEC. 2. FINANCIAL SUPPORT FOR LAW LIBRARY OF LIBRARY OF 
                   CONGRESS.

       (a) Financial Support.--In addition to any other amounts 
     made available for the salaries and expenses of the Library 
     of Congress, there are authorized to be appropriated to the 
     Librarian of Congress $3,500,000 for maintaining and 
     administering the operations of the law library of the 
     Library of Congress, including the cataloguing of the 
     collections of the law library. Any amounts appropriated 
     pursuant to the authority of this subsection shall remain 
     available without fiscal year limitation until expended.
       (b) Electronic Cataloging of Nonproprietary Material.--To 
     the extent practicable, in using any funds appropriated 
     pursuant to the authority of subsection (a) to catalog and 
     archive nonproprietary material in the collections of the Law 
     Library after the date of the enactment of this Act, the Law 
     Librarian of Congress shall catalog and archive the material 
     electronically in a nonproprietary and nondiscriminatory 
     format. Nothing in the previous sentence may be construed to 
     affect any cataloging and archiving activities carried out 
     with funds which are not appropriated pursuant to the 
     authority of subsection (a).

     SEC. 3. SEPARATION OF LAW LIBRARY SALARIES AND EXPENSES IN 
                   PREPARATION OF ANNUAL LIBRARY OF CONGRESS 
                   BUDGET.

       (a) Separate Budget Treatment of Law Library.--In preparing 
     the annual budget for the Library of Congress which will be 
     submitted by the President under chapter 11 of title 31, 
     United States Code, and in preparing the annual budget and 
     related materials for the Library of Congress for the use of 
     the Committees on Appropriations of the Senate and House of 
     Representatives, the Librarian of Congress shall ensure that 
     all amounts attributable to salaries and expenses of the law 
     library of the Library of Congress are set forth separately 
     as a separate line item from other salaries and expenses of 
     the Library of Congress.
       (b) Effective Date.--This section shall apply with respect 
     to fiscal year 2011 and each succeeding fiscal year.

     SEC. 4. WILLIAM ORTON PROGRAM TO SUPPORT THE MISSION OF THE 
                   LAW LIBRARY OF THE LIBRARY OF CONGRESS.

       (a) Establishment.--
       (1) In general.--The Librarian of Congress, acting through 
     the Law Librarian of Congress, shall establish and operate a 
     program to be known as the ``William Orton Law Library 
     Support Program'' (hereafter in this section referred to as 
     the ``Program''), which will--
       (A) provide enhanced or special services and programs for 
     the Law Library; and
       (B) otherwise support the mission of the Law Library.
       (2) Relation to other programs.--The Librarian shall 
     operate the Program in a manner which ensures that the 
     resources of the Program are not commingled with the 
     resources used to carry out the program operated under 
     section 2.
       (b) Role of Other Entities.--The Librarian may carry out 
     the Program through agreements and partnerships entered into 
     with other government and private entities, including the 
     American Association of Law Libraries and the American Bar 
     Association.
       (c) Private Support.--
       (1) Acceptance of donations.--Donations of funds and in-
     kind contributions in support of the Program may be 
     accepted--
       (A) by the Library of Congress Trust Fund Board, as 
     provided under 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 et seq.); and
       (B) by the Librarian of Congress, as provided under section 
     4 of such Act (2 U.S.C. 160).
       (2) Use of amounts.--Notwithstanding the second 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. 157), or the third sentence 
     of section 4 of such Act (2 U.S.C. 160), any amounts accepted 
     by the Library of Congress Trust Fund Board or the Librarian 
     of Congress in support of the Program shall be subject to 
     disbursement by the Librarian only upon the recommendation of 
     the Law Librarian (except to the extent otherwise provided 
     under any terms and conditions on the use of the amounts 
     which are imposed by the person making the donation).
       (3) Acceptance of other voluntary services.--
     Notwithstanding section 1342 of title 31, United States Code, 
     the Librarian of Congress may accept voluntary and 
     uncompensated services in support of the Program.
       (d) Establishment of Separate Account.--
       (1) In general.--There is established in the Treasury 
     (among the accounts of the Library of Congress) a separate 
     account for the Program, which shall consist of--
       (A) amounts accepted by the Library of Congress Trust Fund 
     Board in support of the Program as described in subsection 
     (c)(1)(A), together with any income earned on such amounts;
       (B) amounts accepted by the Librarian of Congress in 
     support of the Program as described in subsection (c)(1)(B), 
     together with any income earned on such amounts;
       (C) amounts appropriated pursuant to the authorization 
     under subsection (f); and
       (D) interest on the balance of the account.
       (2) Use of amounts.--The funds contained in the account 
     established under this subsection shall be used solely by the 
     Law Librarian of Congress to carry out the Program.
       (e) Annual Report.--Not later than April 30 of each year 
     (beginning with 2010), the Librarian of Congress shall submit 
     a report on Program funding and activities to the Committee 
     on House Administration of the House of Representatives, the 
     Committee on Rules and Administration of the Senate, the 
     American Bar Association, and the American Association of Law 
     Libraries. The report shall include--
       (1) a listing of all donations received in support of the 
     Program during the previous year;
       (2) the total obligations during the previous year for each 
     Program activity;
       (3) the amount appropriated pursuant to the authorization 
     under subsection (f) for the fiscal year beginning on the 
     previous October 1;
       (4) a list of Program activities, with budget information 
     for each such activity, planned for the calendar year in 
     which the report is submitted; and
       (5) any findings in the most recently completed audit 
     conducted with respect to the Law Library or Program funds or 
     investments.
       (f) Authorization of Appropriations.--In addition to any 
     other amounts authorized to be appropriated to the Librarian 
     of Congress for the Law Library of Congress for a fiscal 
     year, there are authorized to be appropriated for deposit 
     into the account established under subsection (d) an amount 
     equal to 40 percent of the amount of the donations accepted 
     by the Library of Congress Trust Fund Board in support of the 
     Program under subsection (c)(1) during the previous fiscal 
     year.

     SEC. 5. DESIGNATION OF LAW LIBRARY OF LIBRARY OF CONGRESS AS 
                   NATIONAL LAW LIBRARY.

       The law library of the Library of Congress shall be known 
     and designated as the ``National Law Library'', and any 
     reference to the law library of the Library of Congress in 
     any law, rule, regulation, or document shall be deemed to be 
     a reference to the National Law Library.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Ms. Zoe Lofgren) and the gentleman from California (Mr. 
Daniel E. Lungren) each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Ms. ZOE LOFGREN of California. Madam Speaker, I ask unanimous consent 
that all Members have 5 legislative days to revise and extend their 
remarks on this legislation.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. ZOE LOFGREN of California. I yield myself such time as I may 
consume.
  Madam Speaker, this bill is named after William Orton, a Member of 
the United States House of Representatives from Utah's Third 
Congressional District from 1991 to 1997. Bill passed away

[[Page H8937]]

in April of this year. Bill was a tireless advocate for the Law 
Library, and this legislation is a fitting way to honor his memory.
  The Law Library of Congress maintains a unique and world-renowned 
collection. This bill will help ensure that the Law Library will have 
the resources needed to maintain and expand its collections while at 
the same time modernizing its systems. The act authorizes, number one, 
$3.5 million for maintaining and administering the operations of the 
Law Library, including the cataloging of the collections of the Law 
Library; two, a line item for the Law Library to ensure the autonomy 
and ability to improve the Law Library; and, three, the creation of the 
William Orton Program to provide enhanced or special services and 
programs for the Library and otherwise support the mission of the Law 
Library.
  The Library may carry out the program through agreements and 
partnerships entered into with other government and private entities, 
including the American Association of Law Libraries and the American 
Bar Association. Donations of funds and in-kind contributions in 
support of the program may be accepted, and it requires an annual 
report.
  Finally, H.R. 2728 was amended by the House Administration Committee; 
and during markup, we made a change in the name of the Law Library to 
the National Law Library to increase the role and status of the Law 
Library. This bill authorizes to be appropriated for the program an 
amount equal to 40 percent of the amount of the donations accepted by 
the Library of Congress Trust Fund Board in support of the program. 
This is a 60/40 private-public split. The Law Library is an invaluable 
resource both to the Congress and the Nation, and we have an obligation 
to future generations to provide for its continuation through the 
establishment of the William Orton Program.
  Some of the organizations that are supporting this bill include the 
American Bar Association, the American Association of Law Libraries, 
and the Northern California Association of Law Libraries.
  Now, why is this bill important to the point that myself and my 
colleague from California (Mr. Daniel E. Lungren) have actually spent 
several years working on this? Not only is this collection unique in 
the United States and important to the rule of law in the United 
States; this collection is important to the world. And I will give you 
an example why. When the Taliban was finally expelled from government 
in Afghanistan, the people of Afghanistan looked to reinstitute the 
rule of law; and the only place where Afghani law could be found was in 
the Law Library at the Library of Congress in the United States. It was 
through that collection that we were able to help in that civil way in 
the reinstitution of the rule of law.
  I would just like to say one further word about the late Bill Orton. 
After he left the Congress, he went back into private practice, but he 
always volunteered his time. He spent countless hours with the bar 
association and others, coming and trying to help the Law Library.
  He understood that it wasn't flashy, but it was important. Actually, 
that's just like Bill, a guy who wasn't flashy but who was serious and 
did important things for his country. I can remember sitting on this 
floor next to then-Congressman Bill Orton, discussing the issues of the 
day while he had his young son Will sitting on his lap. Many times 
during State of the Union speeches, young Will would be there with his 
dad.
  I hope that in addition to doing these good things through passing 
this bill that Will and the rest of his family can take satisfaction 
that Bill Orton's name will forever be associated with this Law 
Library, and we will always be in his debt for what he has done.
  I reserve the balance of my time.
  Mr. DANIEL E. LUNGREN of California. Madam Speaker, I yield myself as 
much time as I may consume.
  I am pleased to rise in support of the bill that will pave the way 
for the Law Library at the Library of Congress to more fully serve this 
community, the legal community, academia and the public. The Law 
Library has one of the greatest collections of legal documents in the 
world, unparalleled in its breadth and depth.
  The collection is so significant and diverse that following removing 
the Taliban from power in Afghanistan, as was suggested by my colleague 
from California, the Afghani people turned to the Library of Congress' 
archives to find a copy of the laws and Constitution of their country, 
Afghanistan.
  Not much more than a year ago, in May 2008, a good friend and 
colleague of ours, the late Representative Bill Orton of Utah, appeared 
before the House Appropriations Committee and delivered compelling 
testimony toward the importance of properly funding this Law Library. 
It is, therefore, fitting that it is in his honor that we move this 
bill forward today.
  Among Bill Orton's arguments for passionate support of the Law 
Library, perhaps two are most salient: the manner in which the current 
budgetary scheme forces the Library of Congress to balance the various 
departments against one another and the pressing need for an avenue to 
facilitate and dedicate private support for this Law Library. The 
American Bar Association, in a letter this month to the House of 
Representatives, echoed Bill Orton's testimony, explaining that the 
spreading of budgetary shortfalls has led at times to the neglect of 
particular portions of collections. For example, the ABA highlights the 
fact that the Law Library's loose leaf subscriptions are months out of 
date.
  At the time of his testimony, Bill Orton appeared as a representative 
of the American Bar Association, which is dedicated and committed to 
specifically address the maintenance, accessibility and relevance of 
the Law Library. When pressed as to whether the legal community would 
pitch in as a partner in financially supporting the Law Library, his 
response was emphatically, Yes.
  With the passage of this bill, we enable our partners in the legal 
community to fulfill that commitment, and we give them an avenue 
through which that can be done.

                              {time}  1830

  More personally, this bill serves as a tribute to our late colleague, 
Bill Orton. During his service in this body, he was a passionate 
advocate for the law library and its many resources. He recognized the 
value of the careful stewardship of the law library's institutional 
mission. And so I hope that with our vote today, we will move that much 
closer to seeing the goal of Bill Orton realized.
  I urge my colleagues, therefore, to join me in supporting the memory 
of Bill Orton, the mission of the law library, and this bill.
  Madam Speaker, I yield back the balance of my time.
  Ms. ZOE LOFGREN of California. Madam Speaker, before yielding back, I 
would simply thank the gentleman from California for being my partner 
in this effort. I thank, again, the members of the House Administration 
Committee for working with us. And remember, once again, our colleague, 
Bill Orton, who was such a fine person, who did so much in his life. I 
know that his sons, Will and Wesley, and his wife, Jacquelyn, were very 
proud of him, and I know that they will take satisfaction that his 
volunteerism is being recognized through this effort today.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Zoe Lofgren) that the House suspend 
the rules and pass the bill, H.R. 2728, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. DANIEL E. LUNGREN of California. Madam Speaker, I object to the 
vote on the ground that a quorum is not present and make the point of 
order that a quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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