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114th Congress }                                         { Rept. 114-706
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                         { Part 1

======================================================================
 
             LIBRARY OF CONGRESS MODERNIZATION ACT OF 2016

                                _______
                                

                 July 25, 2016.--Ordered to be printed

                                _______
                                

 Mrs. Miller of Michigan, from the Committee on House Administration, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5227]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on House Administration, to whom was referred 
the bill (H.R. 5227) to authorize the National Library Service 
for the Blind and Physically Handicapped to provide playback 
equipment in all forms, to establish a National Collection 
Stewardship Fund for the processing and storage of collection 
materials of the Library of Congress, and to provide for the 
continuation of service of returning members of Joint Committee 
on the Library at beginning of a Congress, having considered 
the same, report favorably thereon without amendment and 
recommend that the bill do pass.

                          Purpose and Summary


 H.R. 5227 (MILLER OF MICHIGAN)--LIBRARY OF CONGRESS MODERNIZATION ACT 
                                OF 2016

    This bill authorizes the Library of Congress to purchase, 
maintain, or replace books published either in raised 
characters, on sound-reproduction recordings, or in any other 
form (currently limited to reproducers of sound-reproduction 
recordings) for the use of the blind and for other physically 
disabled U.S. residents.
    The bill also establishes the Library of Congress National 
Collection Stewardship Fund, whose fund may be used directly 
for preparing collection materials for long-term storage.
    The bill also provides organizational continuity on the 
Joint Committee on the Library (JCL) during the transition 
period at the start of a new Congress until the JCL 
organizational meeting can be held by establishing that Members 
on the Committee during the previous Congress will retain their 
positions until new Members are appointed.

                Background and Need for the Legislation

    Current law authorizes NLS to only provide content in hard-
copy braille materials or sound recordings and since 1947 has 
also authorized using appropriated funds for machines for the 
playback of talking books. H.R. 5227 grants the Library the 
authority for the National Library Service for the Blind and 
Physically Handicapped (NLS) to provide playback equipment in 
additional formats. This would enable the Library to use modern 
technologies such as digital braille readers to users, greatly 
increasing cost-effectiveness and access to braille titles.
    Background provided by the Library states the NLS produces 
hard copy braille versions of its braille titles for 
distribution to cooperating libraries; however, digital 
technology is quickly making these types of requirements 
obsolete. Libraries must store the hard copies, requiring 
significant space and infrastructure. In addition, shipping 
hard-copy braille titles to users is very costly for the 
services that provide the mailing privileges. NLS has produced 
materials in digital braille for nearly 20 years, and materials 
are currently available through a download service. NLS' 
authorizing statute does not, however, permit NLS to provide 
devices to reproduce digital files into braille, so only users 
with the resources to purchase the appropriate devices can 
access the braille content that NLS provides in digital form. 
The Library estimates that thousands of books, magazines, and 
other materials cannot be accessed.
    With this amendment to its authorizing statute, NLS could 
provide affordable and reliable refreshable braille display 
devices to its readers in a manner similar to playback 
equipment NLS has been providing for digital talking books.
    The bill also creates a National Collection Stewardship 
Fund intended to ease the challenges the Library faces with its 
collection and storage backlog of materials. The funding and 
development of storage modules at Fort Meade has not been able 
to accommodate the Library's need for space, so this fund would 
be used to ensure there are sufficient resources for new 
construction and the adaptation of existing facilities.
    Background provided by the Library explains the challenges 
surrounding their storage planning. In 1993, the Library and 
the Architect of the Capitol developed a plan for storage of 
collections which determined building 13 collections storage 
modules by 2027 would be suitable to preserve Library 
collections, copyright deposits, and other activities. This 
plan anticipated having ten storage modules completed as of 
2015 for the Library. Currently only four modules have been 
completed, with a fifth funded and under construction.
    The Library has indicated its shelves are loaded at 100% 
capacity, and it has over 3 million books that cannot be 
shelved properly. Books are located on the floor, on book carts 
parked in the stacks, as well as other places, and this has led 
to concerns over the health of the works and fire and safety 
concerns. As a result, the Library has also had to turn to 
other methods of storage, such as creative use of compact 
shelving, leased storage, and overcrowding the stacks on 
Capitol Hill. As a temporary solution, the Library has leased 
space through GSA in Landover, MD. This lease is costly, and 
the space is not as suited to preservation as would be ideal. 
In July 2015, space necessities led to the Library also leasing 
space at the Cabin Branch Road Facility in Landover. This space 
is better suited to the storage of collections, and is more 
financially viable.
    However, developing a more permanent solution and 
consistently funding storage modules at Fort Meade would 
provide the Library with the storage it needs, and the National 
Stewardship Collection Fund is intended to accomplish that. The 
fund would be intended to provide consistent support for 
storage infrastructure. The fund would also ensure that new 
facilities are built to the highest preservation science and 
security standards and that existing facilities are upgraded. 
The no-year fund could be filled in three ways: the Library 
could transfer funds from its ``Salaries and Expenses'' 
appropriation, the Architect could transfer appropriations from 
the ``Library of Congress Building and Grounds'' funding, and 
it could receive direct appropriations.
    Finally, the bill provides continuity for the Joint 
Committee on the Library (JCL). At the start of each new 
Congress, there is a period of time that passes before the 
organizing meeting that appoints new Members to the JCL takes 
place. This legislation would confirm that Members who served 
on the Joint Committee during the previous Congress remain on 
the Committee, including the Chairman and Vice-Chairman in 
their respective roles, until new Members are appointed. This 
would ensure the operations of the Joint Committee can continue 
during the interim time period.

                               Conclusion

    This bill addresses some needed administrative reforms for 
the Library of Congress. Allowing the NLS to provide digital 
braille reading devices provides a needed service that 
exponentially increases user access to braille titles and 
materials. It also provides a cost-effective method for the 
Library to spread its collections to participating Libraries 
and users. The National Stewardship Collection Fund provides a 
consistent financial solution for the Library to address its 
backlog of collections and storage problems. As the 
construction of modules at Fort Meade has not been able to keep 
pace with the demand for space, providing the Library with some 
financial flexibility empowers it to find alternate ways to 
better utilize its financial resources. Finally establishing an 
organizational structure for the Joint Committee on the Library 
during the transitional period at the start of a Congress 
ensures that any needed JCL business can be completed, and that 
in the event of significant Membership turnover, there is still 
a determined structure and composition for the Committee, 
removing any uncertainty and potential questions that could 
arise.

                       Introduction and Referral

    On May 13, 2016, Rep. Candice Miller (MI-10) introduced 
H.R. 5227, which was referred to the Committee on House 
Administration and the Committee on Transportation and 
Infrastructure.

                                Hearings

    There were no legislative hearings held on H.R. 5227.

                        Committee Consideration

    On May 17, 2016, the Committee on House Administration met 
to consider H.R. 5227. The Committee ordered the bill reported 
favorably to the House without amendment 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. 5227.

            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

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 5227, from the 
Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 7, 2016.
Hon. Candice Miller,
Chairman, Committee on House Administration,
U.S. House of Representatives Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5227, the Library 
of Congress Modernization Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Christina 
Hawley Anthony.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 5227--Library of Congress Modernization Act of 2016

    H.R. 5227 would authorize the National Library Service for 
the Blind and Physically Handicapped to provide playback 
equipment in all formats, rather than only sound-reproduction 
recordings as authorized under current law. In addition, the 
bill would create a ``stewardship fund'' that would consist of 
amounts transferred from the Library of Congress and the 
Architect of the Capitol, as well as from appropriations. Those 
funds would be used to prepare collection materials of the 
Library of Congress for long-term storage and to equip and 
acquire storage facilities. The bill also would make some 
changes to the membership of the Joint Committee of the Library 
of Congress.
    CBO estimates that creating the stewardship fund would 
increase direct spending by $5 million over the 2017-2026 
period because it would allow the Architect of the Capitol to 
transfer amounts to the fund that have already been 
appropriated but would expire and remain unspent under current 
law. Amounts in the fund would be available indefinitely. 
Because amounts appropriated to the Library of Congress are 
available for obligation for a shorter period of time, CBO 
expects that no previously appropriated amounts would be 
available to transfer to the new stewardship fund by the time 
that fund is operational.
    Because H.R. 5227 would affect direct spending, pay-as-you-
go procedures apply. CBO estimates that enacting H.R. 5227 
would not increase net direct spending or on-budget deficits in 
any of the four consecutive 10-year periods beginning in 2027.
    H.R. 5227 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 contacts for this estimate are Christina 
Hawley Anthony and Matthew Pickford. This estimate was approved 
by Theresa Gullo, Assistant Director for Budget Analysis.

                    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.

                    Duplication of Federal Programs

    In compliance with Sec. 3(g)(2) of H. Res. 5 (114th 
Congress), the Committee states that no provision of the bill 
establishes or reauthorizes: (1) a program of the Federal 
Government known to be duplicative of another Federal program; 
(2) a program included in any report from the Government 
Accountability Office to Congress pursuant to section 21 of 
Public Law 111-139; or (3) a program related to a program 
identified in the most recent Catalog of Federal Domestic 
Assistance, published pursuant to the Federal Program 
Information Act (Pub. L. No. 95-220, as amended by Pub. L. No. 
98-169).

                  Disclosure of Directed Rule Makings

    In compliance with Sec. 3(i) of H. Res. 5 (114th Congress), 
the following statement is made concerning directed rule 
makings: The Committee estimates that the bill requires no 
directed rule makings within the meaning of such section.

               Information Relating to Unfunded Mandates

    This information is provided in accordance with section 423 
of the Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-
4). The Committee has determined that the bill contains no 
unfunded mandate on the private sector, nor does it impose a 
Federal intergovernmental mandate on State, local, or tribal 
governments.

                   Constitutional Authority Statement

    Congress has the power to enact this legislation pursuant 
to Article 1, Section 8 of the U.S. Constitution granting 
Congress the authority to exercise exclusive legislation in all 
cases whatsoever, over such District (not exceeding ten miles 
square) as may, by cession of particular states, and the 
acceptance of Congress, become the seat of the government of 
the United States.

                          Advisory on Earmarks

    In accordance with House rule XXI, clause 9, the Committee 
states that H.R. 5227 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, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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, and existing law in which no 
change is proposed is shown in roman):

                          ACT OF MARCH 3, 1931


              AN ACT to provide books for the adult blind.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That there 
is authorized to be appropriated annually to the Library of 
Congress, in addition to appropriations otherwise made to said 
Library, such sums for expenditure under the direction of the 
Librarian of Congress as may be necessary to provide books 
published either in raised characters, on sound-reproduction 
recordings or in any other form, [and for purchase, 
maintenance, and replacement of reproducers for such sound-
reproduction recordings] and for purchase, maintenance, and 
replacement of reproducers for any such forms, for the use of 
the blind and for other physically handicapped residents of the 
United States, including the several States, Territories, 
insular possessions, and the District of Columbia, all of which 
books, recordings, and reproducers will remain the property of 
the Library of Congress but will be loaned to blind and to 
other physically handicapped readers certified by competent 
authority as unable to read normal printed material as a result 
of physical limitations, under regulations prescribed by the 
Librarian of Congress for this service. In the purchase of 
books in either raised characters or in sound-reproduction 
recordings the Librarian of Congress, without reference to the 
provisions of section 3709 of the Revised Statutes of the 
United States (41 U.S.C. 5), shall give preference to 
nonprofit-making institutions or agencies whose activities are 
primarily concerned with the blind and with other physically 
handicapped persons, in all cases where the prices or bids 
submitted by such institutions or agencies are, by said 
Librarian, under all the circumstances and needs involved, 
determined to be fair and reasonable.

           *       *       *       *       *       *       *

                              ----------                              


SECTION 2 OF THE ACT OF MARCH 3, 1883 (THE FINAL UNDESIGNATED PARAGRAPH 
                       UNDER THE HEADING SENATE.)


      AN ACT making appropriations to supply deficiencies in the 
  appropriations for the fiscal year ending June thirtieth, eighteen 
hundred and eighty-three, and for prior years, and for those certified 
 as due by the accounting officers of the Treasury in accordance with 
   section four of the act of June fourteenth, eighteen hundred and 
 seventy-eight, heretofore paid from permanent appropriations, and for 
other purposes.

           *       *       *       *       *       *       *




  [That the portion of the Joint Committee of Congress upon the 
Library on the part of the Senate remaining in office as 
Senators shall during the recess of Congress exercise the 
powers and discharge the duties conferred by law upon the Joint 
Committee of Congress upon the Library.]

           *       *       *       *       *       *       *


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