Current Storage

Landover Center Annex: 50,000 cubic feet of deposits. This facility is currently filled to capacity and is slated to close. Storage conditions here are unacceptably harsh on the collections.

Iron Mountain: 85,000 cubic feet of deposits. This is a commercial records management storage facility located in Sterling, Virginia. Security is not adequate and conditions are environmentally unacceptable for the Copyright Office's materials.

Need for New Facility

For 25 years, copyright deposits have been stored under inferior environmental conditions with wide fluctuations in temperature and relative humidity, causing significant deterioration of the collections.

Both of the current storage areas are wholly inadequate for providing the proper conditions for the long-term retention of collections materials. They fail to meet the National Archives and Records Administration (NARA) fire code requirements for long-term records' storage: Continued storage under present substandard environmental conditions will accelerate the aging of the deposit material and reduce the useful life span by 75 percent, i.e., deterioration that would occur in 100 years occurs in 25 years. This means that the deposits could be made useless long before their retention requirements expire.

The Landover Center Annex is planned to be evacuated by the Library within the next few years. This will leave the Copyright Office with no direct control over any deposits.

New facility will have a capacity of 245,000 cubit feet of storage and will provide security commensurate with the value of these collections.

Almost two-thirds (156,000 cubic feet) of this capacity will be filled on move-in.

A total of 6,500 cubic feet of deposits and 500 cubic feet of
business/correspondence records are added annually.

In 2020, it is estimated that removals will equal additions.

The Library's Conservation Division determined minimum environmental levels that were necessary for each group of deposits (Published and Unpublished) to ensure the useful life of the legal deposits for the mandated retention period.

In addition, the facility is designed to finally meet the NARA fire code
requirements for long-term storage of these records.

Library of Congress

FY 2005

Administrative Provisions

1. Section 1202 - Obligational Authority for Reimbursable and Revolving Fund Activities

The Legislative Branch Appropriations Act of 1994, P.L. 103-69, requires that obligations for any reimbursable and revolving fund activities performed by the Library of Congress are limited to the amounts provided in appropriation acts. The Library requests obligational authority, consistent with this provision:

Reimbursable Funds

Revolving Funds ....

$1,064,000 $105,921,000

Further justification for these amounts is provided in the Reimbursable and Revolving Fund sections of this document. The following is the proposed administrative provision:

SEC. 1202. (a) IN GENERAL. For fiscal year 2005, the obligational authority of the Library of Congress for the activities described in subsection (b) may not exceed $106,985,000.

(b) ACTIVITIES.-The activities referred to in subsection (a) are reimbursable and revolving fund activities that are funded from sources other than appropriations to the Library in appropriations Acts for the legislative branch.

(c) TRANSFER OF FUNDS. During fiscal year 2005, the Librarian of
Congress may temporarily transfer funds appropriated in this Act, under the
heading "LIBRARY OF CONGRESS" under the subheading-"SALARIES AND
EXPENSES" to the revolving fund for the FEDLINK Program and the Federal
Research Program established under section 103 of the Library of Congress
Fiscal Operations Improvement Act of 2000 (Public Law 106-481; 2 U.S.C.
182c): Provided, That the total amount of such transfers may not exceed
$1,900,000; Provided further, That the appropriate revolving fund account shall
reimburse the Library for any amounts transferred to it before the period of
availability of the Library appropriation expires.

2. Section 1203 - National Digital Information Infrastructure and Preservation Program

The Library is requesting a provision that extends by five years, the period for securing commitments from the information industry, educational institutions, libraries, archives

and others to join the National Digital Information Infrastructure and Preservation Program (NDIIPP) and contribute matching amounts of private resources to building a national digital preservation network. The provision also clarifies that received matching amounts may include grants, cooperative agreements, contracts, and other such legally enforceable pledge agreements entered into before 2010.

This vision of NDIIPP is to ensure the access, over time, to a rich body of digital content through the establishment of a national network of committed partners, collaborating in a digital preservation architecture with defined roles and responsibilities.

The Library's strategy for meeting the requirements of the legislation revolves around making investments that require mutual participation and cost sharing among a variety of diverse stakeholders. Given the current economic climate, the Library anticipates that a substantial volume of non-Federal matches will be in the form of in-kind, cost sharing contributions to joint NDIIPP projects as they are defined and developed by the Library over time. As such, the Library desires to extend the period of time in which these non-Federal contributions are solicited and received by the Librarian of Congress. In addition, the Library's ability to support these jointly funded projects will be substantially enhanced if the $75 million that is subject to match, is made available for obligation as the pledged donations are received and accepted by the Librarian, prior to pledge fulfillment over time.

The creation of such a national preservation strategy will occur incrementally, because of the complexity of the challenge and the number and diversity of partners involved. To realize this vision, the Library is taking actions that begin to build the preservation infrastructure:

Developing a network of partners over the next five years.

Building the technical architecture that will support multiple partnerships.

A formal call for partners was released in August 2002 and final proposals were received November 12, 2003. The Library, along with the National Endowment for the Humanities, is making selections among the proposed applicants to seed the NDIIPP network with partners for long-term preservation of digital content. The Library anticipates awarding up to $15 million of the available $20 million available in this initial round of investments. Achieving the $75 million matching of federal funding and desired results is contingent upon having the initial $20 million in funds to invest in a series of practical projects that take place over a five-year period. The Library is also simultaneously funding a test of existing architectures to assess the handling of digital content among differing local architectural environments. This will result in a revised technical architecture and a second generation of investments in developing the overall technical preservation architecture.

The Library's funding direction for the NDIIPP is to invest in a first set of practical experiments and tests followed by an assessment and second set of investments as described in the plan that was submitted to and approved by the Congress in December of 2002. During the initial planning and fact-finding phase of NDIIPP, it became clear that it was not possible to wisely spend the entire amount available to NDIIPP without

the benefit of early action, iterative learning, adjustment and re-investment in a second generation of work. The core areas of future investment include:

Selection and collection development practices, roles and responsibilities.

Intellectual property arrangements, and agreements as they relate to long-term preservation.

Identification and testing of incentives for institutions to undertake digital
preservation.

Fostering and coordinating services, best practices and standards that support a network of partners.

Testing and strengthening the initial preservation architecture proposed for
NDIIPP.

The following is the proposed administrative provision:

2. SEC. 1203. NATIONAL DIGITAL INFORMATION INFRASTRUCTURE AND PRESERVATION PROGRAM. The Miscellaneous Appropriations Act, 2001 (enacted into law by section 1(a)(4) of Public Law 106-554, 114 Stat. 2763A-194), division A, chapter 9, under the heading "Library of Congress" "Salaries and Expenses" is amended by inserting "and pledges" after "other than money" and by striking "March 31, 2005" and inserting "March 31, 2010".

3. Section 1204-Construction of United States Diplomatic Facilities

The Library is requesting a provision that prohibits the transfer of funds to the Department of State (DOS) from the Library of Congress for the construction of embassies.

The Administration is proposing the establishment of a Capital Security Cost-Sharing Program in the DOS' budget. The program is designed to have all U.S. Government agencies with overseas presence pay a portion of DOS' new building program, based on number of employees overseas (vs. actual space required or services provided in each embassy). The building program proposes to build approximately 150 new embassy compounds over a 14-year period for a total of approximately $17.5 billion.