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B-278121 1 (1997-11-07)

handle is hein.gao/gaocrptageu0001 and id is 1 raw text is: 




G   AO          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 ......

                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 report (H.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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