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B-278121 1 (1997-11-07)

handle is hein.gao/gaobacxej0001 and id is 1 raw text is: 

United States
General Accounting Office
Washington, D.C. 20548

Office of the General Counsel


B-278121


November   7, 1997


John  D. Webster
Director, Financial Services
Library of Congress

Dear  Mr. Webster:

This responds to your request of September 22 for our opinion regarding the 1998
Salaries and Expenses Appropriation for the Library of Congress (Library). You
question, given the language of the applicable conference report, the amount of the
Library's Salaries and Expenses Appropriation that must be used for the acquisition
of library materials.

The  Legislative Branch Appropriations Act, 1998 appropriates money to the Library
of Congress, under the heading Library of Congress, Salaries and Expenses, as
follows:

       For necessary expenses of the Library of Congress not otherwise
       provided for. . .$227,016,000 . . . Provided further, That of the total
       amount  appropriated, $9,619,000 is to remain available until
       expended for acquisition of books, periodicals, newspapers, and all
       other materials . . . 2

Other than the $9,619,000 earmark and two other earmarks not relevant here, this
appropriation is available only for fiscal year 1998. Because the Library had sought
only $8,845,000 of the $227,016,000 total for the acquisition of materials, to
accommodate   a $9,619,000 earmark, the Library must reduce its spending on other
programs  and activities by $774,000 (representing the amount by which the
Congress increased the Library's request for funding for acquisition of materials)
and use $774,000 of its fiscal year money to cover the difference.

Instead of reading the $9,619,000 earmark for acquisition of materials as both the
minimum  and  maximum  amount  available for this purpose, you have suggested an
alternative. After reviewing the conference committee repori (I.R. Rep.   No.
105-254), you believe that the conferees intended to authorize the Library to fund
'up to $9,619,000 for materials, but not to require that level of spending. In other


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