H. Rept. 112-105 - IMPROVING CERTAIN ADMINISTRATIVE OPERATIONS OF THE LIBRARY OF CONGRESS, AND FOR OTHER PURPOSES112th Congress (2011-2012)
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112th Congress Report HOUSE OF REPRESENTATIVES 1st Session 112-105 ====================================================================== IMPROVING CERTAIN ADMINISTRATIVE OPERATIONS OF THE LIBRARY OF CONGRESS, AND FOR OTHER PURPOSES _______ June 14, 2011.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______ Mr. Daniel E. Lungren of California, from the Committee on House Administration, submitted the following R E P O R T [To accompany H.R. 1934] The Committee on House Administration, to whom was referred the bill (H.R. 1934) to improve certain administrative operations of the Library of Congress, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. BACKGROUND AND NEED FOR THE LEGISLATION H.R. 1934 authorizes the Library of Congress to retain proceeds from the sale of surplus or obsolete property of the Library in the same way as is now authorized for the Architect of the Capitol and the U.S. Capitol Police. Currently, the Library disposes of used or surplus Library property via the General Services Administration under 40 U.S.C. 541, or directly under 2 U.S.C. 149 (the transfer, disposal or destruction of material that has become useless). Neither of these provisions authorizes the Library to recover and retain any proceeds from such a transaction. This legislation is recognized by the Committee on a bipartisan basis as a prudent improvement in Library of Congress operations. It was also introduced by Chairman Robert Brady during the 111th Congress as part of H.R. 5681, which was marked up and passed via voice vote by the Committee on July 14th, 2010. H.R. 5681 was reported out of Committee in Report 111-557 on July 22nd, 2010. It passed the House via voice vote under Suspension of the Rules and was referred to the Senate Rules Committee on July 27th, 2010. H.R. 5681 saw no further action by the Senate. During the 112th Congress, the Library presented this provision to this committee in its oversight capacity, for due consideration. SUMMARY AND SECTION-BY-SECTION ANALYSIS H.R. 1934 is modeled directly on similar authority provided to the U.S. Capitol Police in fiscal year 2003 (2 U.S.C. 1906) and to the Architect of the Capitol in fiscal year 2010 (2 U.S.C. 1817(a)). Section 1 authorizes the Library to retain proceeds from the disposition of used or obsolete personal property owned by the Library and use the proceeds to purchase the same or similar property during that fiscal year or the following fiscal year. The proceeds will be credited to the funds available for the operations of the Library (the Library's Salaries and Expenses account). Not all transactions involving surplus or obsolete property will result in payment. In addition to sales, the language also authorizes the Library to dispose of surplus or obsolete property by inter-agency transfer, donation, trade-in, or other appropriate method. The Library will continue to offer to other federal agencies, international exchange partners, and eligible schools, libraries and other non-profit organizations the ability to select free books which are not retained by the Library for its own collections. Section 1 also stipulates that this provision take effect with respect to fiscal year 2012 and each succeeding fiscal year. The Committee, in carrying out its oversight duties, looks forward to working with the Library in evaluating the success of this program, and in helping the Library better utilize its resources. Committee Consideration of H.R. 1934 INTRODUCTION AND REFERRAL On May 23, 2011, Representative Daniel E. Lungren of California introduced H.R. 1934, which was referred to the Committee on House Administration. HEARINGS The Committee held no hearings on H.R. 1934. MARKUP On May 25, 2011, the Committee met to mark up H.R. 1934. The Committee ordered H.R. 1934 reported favorably to the House by voice vote, with a quorum present. COMMITTEE RECORD VOTES In compliance with House Rule XIII, clause 3(b), requiring the results of each record vote on an amendment or motion to report, together with the names of those voting for and against, to be printed in the Committee report, the Committee states that there were no record votes during the committee consideration of H.R. 1934. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS In compliance with House Rule XXIII, clause 3(c)(1), the Committee states that the findings and recommendations of the Committee, based on oversight activities under House Rule X, clause 2(b)(1), are incorporated into the general discussion section of this report. STATEMENT OF BUDGET AUTHORITY AND RELATED ITEMS The resolution does not provide new budget authority, new spending authority, new credit authority, or an increase or decrease in revenues or tax expenditures and a statement under House Rule XXIII, clause 3(c)(2), and section 308(a)(1) of the Congressional Budget Act of 1974 is not required. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE In compliance with House Rule XXIII, clause 3(c)(3), the Committee sets forth, with respect to the bill H.R. 1934, the following estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974: U.S. Congress, Congressional Budget Office, Washington, DC, June 6, 2011. Hon. Daniel E. Lungren, Chairman, Committee on House Administration, House of Representatives, Washington, DC. Dear Mr. Chairman: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1934, a bill to improve certain administrative operations of the Library of Congress, and for other purposes. If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Christina Hawley Anthony. Sincerely, Douglas W. Elmendorf. Enclosure. H.R. 1934--A bill to improve certain administrative operations of the Library of Congress, and for other purposes H.R. 1934 would allow the Librarian of Congress to sell or dispose of obsolete property and use the proceeds of the sale to acquire new, replacement property. CBO expects that enacting H.R. 1934 could affect direct spending by allowing the Librarian to sell property and spend the proceeds; therefore, pay-as-you-go procedures apply. However, CBO estimates that the net effects would be insignificant for each year, and in total over the 2012-2021 period. Enacting the bill would not affect revenues. H.R. 1934 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would not affect the budgets of state, local, or tribal governments. The CBO staff contact for this estimate is Christina Hawley Anthony. This estimate was approved by Peter H. Fontaine, Assistant Director for Budget Analysis. PERFORMANCE GOALS AND OBJECTIVES In compliance with House Rule XXIII, clause 3(c)(4), the Committee states that the general discussion section of this report includes a statement of the general performance goals and objectives, including outcome-related goals and objectives, for which H.R. 1934 authorizes funding. ADVISORY ON EARMARKS In accordance with House Rule XXI, clause 9, the Committee states that H.R. 1934 does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI. CHANGES IN EXISTING LAW MADE BY THE BILL In compliance with House Rule XIII, clause 3(e), the Committee states that H.R. 1934 does not repeal or amend existing law.