H. Rept. 112-624 - TO REVISE THE AUTHORITY OF THE LIBRARIAN OF CONGRESS TO ACCEPT GIFTS AND BEQUESTS ON BEHALF OF THE LIBRARY, AND FOR OTHER PURPOSES112th Congress (2011-2012)
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112th Congress Report HOUSE OF REPRESENTATIVES 2d Session 112-624 ====================================================================== TO REVISE THE AUTHORITY OF THE LIBRARIAN OF CONGRESS TO ACCEPT GIFTS AND BEQUESTS ON BEHALF OF THE LIBRARY, AND FOR OTHER PURPOSES _______ July 26, 2012.--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. 6122] The Committee on House Administration, to whom was referred the bill (H.R. 6122) to revise the authority of the Librarian of Congress to accept gifts and bequests on behalf of the Library, 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 The Librarian of Congress was authorized in 1925 to accept gifts of money. That authority has remained essentially unchanged. The Library has been offered various types of donations, not suitable to be handled as Trust Funds, that it lacked proper authority to accept. These include: donations of IT equipment, audiovisual equipment, and volunteer services outside of the American Folklife Center or the Center for the Book. H.R. 6122 authorizes the Librarian of Congress to accept gifts of securities for immediate disbursement, personal property valued at $25,000 or less, nonpersonal services, and voluntary and uncompensated personal services. Any donation of securities requires that the Librarian sell the securities and provide the donor with a receipt of the proceeds of the sale. Under the bill, the Librarian is further required to disclose a description of each gift or bequest valued at $1,000 or more in the Annual Report of the Library of Congress. Introduction and Referral On July 12, 2012, Congressman Daniel E. Lungren of California introduced H.R. 6122, which was referred to the Committee on House Administration. Hearings There were no legislative hearings held on H.R. 6122. Committee Consideration On July 19, 2012, the Committee on House Administration met to consider H.R. 6122. The Committee ordered the bill 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's consideration of H.R. 6122. Committee Oversight Findings and Recommendations In compliance with House Rule XIII, 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 bill 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 XIII, 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 XIII, clause 3(c)(3), the Committee states, with respect to the bill, H.R. 6122, that the Director of the Congressional Budget Office did not submit a cost estimate and comparison under section 402 of the Congressional Budget Act of 1974. Performance Goals and Objectives In compliance with House Rule XIII, 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. 6122 authorizes funding. Advisory on Earmarks In accordance with House Rule XXI, clause 9, the Committee states that H.R. 6122 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. 6122 changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no changes is proposed is shown in roman): SECTION 4 OF THE ACT OF MARCH 3, 1925 CHAP. 423.--AN ACT To create a Library of Congress Trust Fund Board, and for other purposes. Sec. 4. [Nothing] (a) Acceptance and Disbursement of Gifts.-- Nothing in this Act shall be construed as prohibiting or restricting the Librarian of Congress from accepting [in the name of the United States gifts or bequests of money for immediate disbursement in the interest of the Library, its collections, or its service.] in the name of the United States and in the interest of the Library, its collections, or its service, gifts or bequests of money for immediate disbursement, personal property valued at $25,000 or less, nonpersonal services, or voluntary and uncompensated personal services. In the case of a gift of securities, the Librarian shall sell the gift and provide the donor with a receipt from the proceeds of the sale. Such gifts or bequests of money, after acceptance by the librarian, shall be paid by the donor or his representative to the Treasurer of the United States, whose receipts shall be their acquittance. The Treasurer of the United States shall [enter them] enter the gift, bequest, or proceeds in a special account to the credit of the Library of Congress and subject to disbursement by the librarian for the purposes in each case specified. Upon agreement 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. (b) Public Report on Accepted Gifts.--In each Annual Report of the Library of Congress, the Librarian of Congress shall include a description of each gift or bequest accepted under this section during the year involved which is valued at $1,000 or more.