[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4846 Enrolled Bill (ENR)]
H.R.4846
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To establish the National Recording Registry in the Library of Congress
to maintain and preserve sound recordings that are culturally,
historically, or aesthetically significant, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``National Recording Preservation Act
of 2000''.
Subtitle A--National Recording Registry

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The Librarian of Congress shall establish the National Recording
Registry for the purpose of maintaining and preserving sound recordings
that are culturally, historically, or aesthetically significant.

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TITLE I

-SOUND RECORDING PRESERVATION BY THE LIBRARY OF CONGRESS

(a) Establishment of Criteria and Procedures.--For purposes of
carrying out this subtitle, the Librarian shall--
(1) establish criteria and procedures under which sound
recordings may be included in the National Recording Registry,
except that no sound recording shall be eligible for inclusion in
the National Recording Registry until 10 years after the
recording's creation;
(2) establish procedures under which the general public may
make recommendations to the National Recording Preservation Board
established under subtitle C regarding the inclusion of sound
recordings in the National Recording Registry; and
(3) determine which sound recordings satisfy the criteria
established under paragraph (1) and select such recordings for
inclusion in the National Recording Registry.
(b) Publication of Sound Recordings in the Registry.--The Librarian
shall publish in the Federal Register the name of each sound recording
that is selected for inclusion in the National Recording Registry.

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(a) In General.--The Librarian shall provide a seal to indicate
that a sound recording has been included in the National Recording
Registry and is the Registry version of that recording.
(b) Use of Seal.--The Librarian shall establish guidelines for
approval of the use of the seal provided under subsection (a), and
shall include in the guidelines the following:
(1) The seal may only be used on recording copies of the
Registry version of a sound recording.
(2) The seal may be used only after the Librarian has given
approval to those persons seeking to apply the seal in accordance
with the guidelines.
(3) In the case of copyrighted mass distributed, broadcast, or
published works, only the copyright legal owner or an authorized
licensee of that copyright owner may place or authorize the
placement of the seal on any recording copy of the Registry version
of any sound recording that is maintained in the National Recording
Registry Collection in the Library of Congress.
(4) Anyone authorized to place the seal on any recording copy
of any Registry version of a sound recording may accompany such
seal with the following language: ``This sound recording is
selected for inclusion in the National Recording Registry by the
Librarian of Congress in consultation with the National Recording
Preservation Board of the Library of Congress because of its
cultural, historical, or aesthetic significance.''.
(c) Effective Date of the Seal.--The use of the seal provided under
subsection (a) with respect to a sound recording shall be effective
beginning on the date the Librarian publishes in the Federal Register
(in accordance with section 102(b)) the name of the recording, as
selected for inclusion in the National Recording Registry.
(d) Prohibited Uses of the Seal.--
(1) Prohibition on distribution and exhibition.--No person may
knowingly distribute or exhibit to the public a version of a sound
recording or any copy of a sound recording which bears the seal
described in subsection (a) if such recording--
(A) is not included in the National Recording Registry; or
(B) is included in the National Recording Registry but has
not been approved for use of the seal by the Librarian pursuant
to the guidelines established under subsection (b).
(2) Prohibition on promotion.--No person may knowingly use the
seal described in subsection (a) to promote any version of a sound
recording or recording copy other than a Registry version.
(e) Remedies for Violations.--
(1) Jurisdiction.--The several district courts of the United
States shall have jurisdiction, for cause shown, to prevent and
restrain violations of subsection (d).
(2) Relief.--
(A) Removal of seal.--Except as provided in subparagraph
(B), relief for violation of subsection (d) shall be limited to
the removal of the seal from the sound recording involved in
the violation.
(B) Fine and injunctive relief.--In the case of a pattern
or practice of the willful violation of subsection (d), the
court may order a civil fine of not more than $10,000 and
appropriate injunctive relief.
(3) Limitation of remedies.--The remedies provided in this
subsection shall be the exclusive remedies under this title, or any
other Federal or State law, regarding the use of the seal described
in subsection (a).

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CONGRESS.
(a) In General.--All copies of sound recordings on the National
Recording Registry that are received by the Librarian under subsection
(b) shall be maintained in the Library of Congress and be known as the
``National Recording Registry Collection of the Library of Congress''.
The Librarian shall by regulation and in accordance with title 17,
United States Code, provide for reasonable access to the sound
recordings and other materials in such collection for scholarly and
research purposes.
(b) Acquisition of Quality Copies.--
(1) In general.--The Librarian shall seek to obtain, by gift
from the owner, a quality copy of the Registry version of each
sound recording included in the National Recording Registry.
(2) Limit on number of copies.--Not more than one copy of the
same version or take of any sound recording may be preserved in the
National Recording Registry. Nothing in the preceding sentence may
be construed to prohibit the Librarian from making or distributing
copies of sound recordings included in the Registry for purposes of
carrying out this Act.
(c) Property of United States.--All copies of sound recordings on
the National Recording Registry that are received by the Librarian
under subsection (b) shall become the property of the United States
Government, subject to the provisions of title 17, United States Code.
Subtitle B--National Sound Recording Preservation Program

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(a) In General.--The Librarian shall, after consultation with the
National Recording Preservation Board established under subtitle C,
implement a comprehensive national sound recording preservation
program, in conjunction with other sound recording archivists,
educators and historians, copyright owners, recording industry
representatives, and others involved in activities related to sound
recording preservation, and taking into account studies conducted by
the Board.
(b) Contents of Program Specified.--The program established under
subsection (a) shall--
(1) coordinate activities to assure that efforts of archivists
and copyright owners, and others in the public and private sector,
are effective and complementary;
(2) generate public awareness of and support for these
activities;
(3) increase accessibility of sound recordings for educational
purposes;
(4) undertake studies and investigations of sound recording
preservation activities as needed, including the efficacy of new
technologies, and recommend solutions to improve these practices;
and
(5) utilize the audiovisual conservation center of the Library
of Congress at Culpeper, Virginia, to ensure that preserved sound
recordings included in the National Recording Registry are stored
in a proper manner and disseminated to researchers, scholars, and
the public as may be appropriate in accordance with title 17,
United States Code, and the terms of any agreements between the
Librarian and persons who hold copyrights to such recordings.

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RECORDINGS.
The Librarian shall carry out activities to make sound recordings
included in the National Recording Registry more broadly accessible for
research and educational purposes and to generate public awareness and
support of the Registry and the comprehensive national sound recording
preservation program established under this subtitle.
Subtitle C--National Recording Preservation Board

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The Librarian shall establish in the Library of Congress a National
Recording Preservation Board whose members shall be selected in
accordance with the procedures described in section 122.

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(a) Selections From Lists Submitted by Organizations.--
(1) In general.--The Librarian shall request each organization
described in paragraph (2) to submit a list of three candidates
qualified to serve as a member of the Board. The Librarian shall
appoint one member from each such list, and shall designate from
that list an alternate who may attend at Board expense those
meetings which the individual appointed to the Board cannot attend.
(2) Organizations described.--The organizations described in
this paragraph are as follows:
(A) National Academy of Recording Arts and Sciences
(NARAS).
(B) Recording Industry Association of America (RIAA).
(C) Association for Recorded Sound Collections (ARSC).
(D) American Society of Composers, Authors and Publishers
(ASCAP).
(E) Broadcast Music, Inc. (BMI).
(F) Songwriters Association (SESAC).
(G) American Federation of Musicians (AF of M).
(H) Music Library Association.
(I) American Musicological Society.
(J) National Archives and Record Administration.
(K) National Association of Recording Merchandisers (NARM).
(L) Society for Ethnomusicology.
(M) American Folklore Society.
(N) Country Music Foundation.
(O) Audio Engineering Society (AES).
(P) National Academy of Popular Music.
(Q) Digital Media Association (DiMA).
(b) Other Members.--In addition to the members appointed under
subsection (a), the Librarian may appoint not more than five members-
at-large. The Librarian shall select an alternate for each member-at-
large, who may attend at Board expense those meetings that the member-
at-large cannot attend.
(c) Chair.--The Librarian shall appoint one member of the Board to
serve as Chair.
(d) Term of Office.--
(1) Terms.--The term of each member of the Board shall be 4
years, except that there shall be no limit to the number of terms
that any individual member may serve.
(2) Removal of member of organization.--The Librarian shall
have the authority to remove any member of the Board (or, in the
case of a member appointed under subsection (a)(1), the
organization that such member represents) if the member or
organization over any consecutive 2-year period fails to attend at
least one regularly scheduled Board meeting.
(3) Vacancies.--A vacancy in the Board shall be filled in the
manner in which the original appointment was made under subsection
(a), except that the Librarian may fill the vacancy from a list of
candidates previously submitted by the organization or
organizations involved. Any member appointed to fill a vacancy
shall be appointed for the remainder of the term of the member's
predecessor.

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(a) Reimbursement of Expenses.--Members of the Board shall serve
without pay, but may receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(b) Conflict of Interest.--The Librarian shall establish rules and
procedures to address any potential conflict of interest between a
member of the Board and responsibilities of the Board.
(c) Meetings.--The Board shall meet at least once each fiscal year.
Meetings shall be at the call of the Librarian.
(d) Quorum.--Eleven members of the Board shall constitute a quorum
for the transaction of business.

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(a) Review and Recommendation of Nominations for National Recording
Registry.--
(1) In general.--The Board shall review nominations of sound
recordings submitted to it for inclusion in the National Recording
Registry and advise the Librarian, as provided in subtitle A, with
respect to the inclusion of such recordings in the Registry and the
preservation of these and other sound recordings that are
culturally, historically, or aesthetically significant.
(2) Source of nominations.--The Board shall consider for
inclusion in the National Recording Registry nominations submitted
by the general public as well as representatives of sound recording
archives and the sound recording industry (such as the guilds and
societies representing sound recording artists) and other creative
artists.
(b) Study and Report on Sound Recording Preservation and
Restoration.--The Board shall conduct a study and issue a report on the
following issues:
(1) The current state of sound recording archiving,
preservation and restoration activities.
(2) Taking into account the research and other activities
carried out by or on behalf of the National Audio-Visual
Conservation Center at Culpeper, Virginia--
(A) the methodology and standards needed to make the
transition from analog ``open reel'' preservation of sound
recordings to digital preservation of sound recordings; and
(B) standards for access to preserved sound recordings by
researchers, educators, and other interested parties.
(3) The establishment of clear standards for copying old sound
recordings (including equipment specifications and equalization
guidelines).
(4) Current laws and restrictions regarding the use of archives
of sound recordings, including recommendations for changes in such
laws and restrictions to enable the Library of Congress and other
nonprofit institutions in the field of sound recording preservation
to make their collections available to researchers in a digital
format.
(5) Copyright and other laws applicable to the preservation of
sound recordings.

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(a) In General.--The Board may, for the purpose of carrying out its
duties, hold such hearings, sit and act at such times and places, take
such testimony, and receive such evidence, as the Librarian and the
Board consider appropriate.
(b) Service on Foundation.--Two sitting members of the Board shall
be appointed by the Librarian and shall serve as members of the board
of directors of the National Recording Preservation Foundation, in
accordance with section 152403 of title 36, United States Code.
Subtitle D--General Provisions

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As used in this title:
(1) The term ``Librarian'' means the Librarian of Congress.
(2) The term ``Board'' means the National Recording
Preservation Board.
(3) The term ``sound recording'' has the meaning given such
term in section 101 of title 17, United States Code.
(4) The term ``publication'' has the meaning given such term in
section 101 of title 17, United States Code.
(5) The term ``Registry version'' means, with respect to a
sound recording, the version of a recording first published or
offered for mass distribution whether as a publication or a
broadcast, or as complete a version as bona fide preservation and
restoration activities by the Librarian, an archivist other than
the Librarian, or the copyright legal owner can compile in those
cases where the original material has been irretrievably lost or
the recording is unpublished.

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(a) Staff.--The Librarian may appoint and fix the pay of such
personnel as the Librarian considers appropriate to carry out this
title.
(b) Experts and Consultants.--The Librarian may, in carrying out
this title, procure temporary and intermittent services under section
3109(b) of title 5, United States Code, but at rates for individuals
not to exceed the daily equivalent of the maximum rate of basic pay
payable for level 15 of the General Schedule. In no case may a member
of the Board (including an alternate member) be paid as an expert or
consultant under this section.

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There are authorized to be appropriated to the Librarian for each
of the first 7 fiscal years beginning on or after the date of the
enactment of this Act such sums as may be necessary to carry out this
title, except that the amount authorized for any fiscal year may not
exceed $250,000.

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(a) In General.--Part B of subtitle II of title 36, United States
Code, is amended by inserting after chapter 1523 the following:
``CHAPTER 1524--NATIONAL RECORDING PRESERVATION FOUNDATION
``Sec.
``152401. Organization.
``152402. Purposes.
``152403. Board of directors.
``152404. Officers and employees.
``152405. Powers.
``152406. Principal office.
``152407. Provision and acceptance of support by Librarian of Congress.
``152408. Service of process.
``152409. Civil action by Attorney General for equitable relief.
``152410. Immunity of United States Government.
``152411. Authorization of appropriations.
``152412. Annual report.
``Sec. 152401. Organization
``(a) Federal Charter.--The National Recording Preservation
Foundation (in this chapter, the `corporation') is a federally
chartered corporation.
``(b) Nature of Corporation.--The corporation is a charitable and
nonprofit corporation and is not an agency or establishment of the
United States Government.
``(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
``Sec. 152402. Purposes
``The purposes of the corporation are to--
``(1) encourage, accept, and administer private gifts to
promote and ensure the preservation and public accessibility of the
nation's sound recording heritage held at the Library of Congress
and other public and nonprofit archives throughout the United
States; and
``(2) further the goals of the Library of Congress and the
National Recording Preservation Board in connection with their
activities under the National Recording Preservation Act of 2000.
``Sec. 152403. Board of directors
``(a) General.--The board of directors is the governing body of the
corporation.
``(b) Members and Appointment.--(1) The Librarian of Congress
(hereafter in this chapter referred to as the `Librarian') is an ex
officio nonvoting member of the board. Not later than 90 days after the
date of the enactment of this chapter, the Librarian shall appoint the
directors to the board in accordance with paragraph (2).
``(2)(A) The board consists of nine directors.
``(B) Each director shall be a United States citizen.
``(C) At least six directors shall be knowledgeable or experienced
in sound recording production, distribution, preservation, or
restoration, including two who are sitting members of the National
Recording Preservation Board. These six directors shall, to the extent
practicable, represent diverse points of view from the sound recording
community.
``(3) A director is not an employee of the Library of Congress and
appointment to the board does not constitute appointment as an officer
or employee of the United States Government for the purpose of any law
of the United States.
``(4) The terms of office of the directors are 4 years. An
individual may not serve more than two consecutive terms.
``(5) A vacancy on the board shall be filled in the manner in which
the original appointment was made.
``(c) Chair.--The Librarian shall appoint one of the directors as
the initial chair of the board for a 2-year term. Thereafter, the chair
shall be appointed and removed in accordance with the bylaws of the
corporation.
``(d) Quorum.--The number of directors constituting a quorum of the
board shall be established under the bylaws of the corporation.
``(e) Meetings.--The board shall meet at the call of the Librarian
for regularly scheduled meetings.
``(f) Reimbursement of Expenses.--Directors shall serve without
compensation but may receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703 of title
5.
``(g) Liability of Directors.--Directors are not personally liable,
except for gross negligence.
``Sec. 152404. Officers and employees
``(a) Secretary of the Board.--(1) The Librarian shall appoint a
Secretary of the Board to serve as executive director of the
corporation. The Librarian may remove the Secretary.
``(2) The Secretary shall be knowledgeable and experienced in
matters relating to--
``(A) sound recording preservation and restoration activities;
``(B) financial management; and
``(C) fundraising.
``(b) Appointment of Officers.--Except as provided in subsection
(a) of this section, the board of directors appoints, removes, and
replaces officers of the corporation.
``(c) Appointment of Employees.--Except as provided in subsection
(a) of this section, the Secretary appoints, removes, and replaces
employees of the corporation.
``(d) Status and Compensation of Employees.--Employees of the
corporation (including the Secretary)--
``(1) are not employees of the Library of Congress;
``(2) shall be appointed and removed without regard to the
provisions of title 5 governing appointments in the competitive
service; and
``(3) may be paid without regard to chapter 51 and subchapter
III of chapter 53 of title 5, except that an employee may not be
paid more than the annual rate of basic pay for level 15 of the
General Schedule under section 5107 of title 5.
``Sec. 152405. Powers
``(a) General.--The corporation may--
``(1) adopt a constitution and bylaws;
``(2) adopt a seal which shall be judicially noticed; and
``(3) do any other act necessary to carry out this chapter.
``(b) Powers as Trustee.--To carry out its purposes, the
corporation has the usual powers of a corporation acting as a trustee
in the District of Columbia, including the power--
``(1) to accept, receive, solicit, hold, administer, and use
any gift, devise, or bequest, either absolutely or in trust, of
property or any income from or other interest in property;
``(2) to acquire property or an interest in property by
purchase or exchange;
``(3) unless otherwise required by an instrument of transfer,
to sell, donate, lease, invest, or otherwise dispose of any
property or income from property;
``(4) to borrow money and issue instruments of indebtedness;
``(5) to make contracts and other arrangements with public
agencies and private organizations and persons and to make payments
necessary to carry out its functions;
``(6) to sue and be sued; and
``(7) to do any other act necessary and proper to carry out the
purposes of the corporation.
``(c) Encumbered or Restricted Gifts.--A gift, devise, or bequest
may be accepted by the corporation even though it is encumbered,
restricted, or subject to beneficial interests of private persons, if
any current or future interest is for the benefit of the corporation.
``Sec. 152406. Principal office
``The principal office of the corporation shall be in the District
of Columbia. However, the corporation may conduct business throughout
the States, territories, and possessions of the United States.
``Sec. 152407. Provision and acceptance of support by Librarian of
Congress
``(a) Provision by Librarian.--(1) The Librarian may provide
personnel, facilities, and other administrative services to the
corporation. Administrative services may include reimbursement of
expenses under section 152403(f).
``(2) The corporation shall reimburse the Librarian for support
provided under paragraph (1) of this subsection. Amounts reimbursed
shall be deposited in the Treasury to the credit of the appropriations
then current and chargeable for the cost of providing the support.
``(b) Acceptance by Librarian.--The Librarian may accept, without
regard to chapters 33 and 51 and subchapter III of chapter 53 of title
5 and related regulations, the services of the corporation and its
directors, officers, and employees as volunteers in performing
functions authorized under this chapter, without compensation from the
Library of Congress.
``Sec. 152408. Service of process
``The corporation shall have a designated agent to receive service
of process for the corporation. Notice to or service on the agent, or
mailed to the business address of the agent, is notice to or service on
the corporation.
``Sec. 152409. Civil action by Attorney General for equitable relief
``The Attorney General may bring a civil action in the United
States District Court for the District of Columbia for appropriate
equitable relief if the corporation--
``(1) engages or threatens to engage in any act, practice, or
policy that is inconsistent with the purposes in section 152402 of
this title; or
``(2) refuses, fails, or neglects to carry out its obligations
under this chapter or threatens to do so.
``Sec. 152410. Immunity of United States Government
``The United States Government is not liable for any debts,
defaults, acts, or omissions of the corporation. The full faith and
credit of the Government does not extend to any obligation of the
corporation.
``Sec. 152411. Authorization of appropriations
``(a) Authorization.--There are authorized to be appropriated to
the corporation for each of the first 7 fiscal years beginning on or
after the date of the enactment of this chapter an amount not to exceed
the amount of private contributions (whether in currency, services, or
property) made to the corporation by private persons and State and
local governments.
``(b) Limitation Related to Administrative Expenses.--Except as
permitted under section 152407, amounts authorized under this section
may not be used by the corporation for administrative expenses of the
corporation, including salaries, travel, transportation, and overhead
expenses.
``Sec. 152412. Annual report
``As soon as practicable after the end of each fiscal year, the
corporation shall submit a report to the Librarian for transmission to
Congress on the activities of the corporation during the prior fiscal
year, including a complete statement of its receipts, expenditures, and
investments.''.
(b) Clerical Amendment.--The table of chapters for part B of
subtitle II of title 36, United States Code, is amended by inserting
after the item relating to chapter 1523 the following new item:
``1524. National Recording Preservation Foundation.............152401''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

cbd434cfbdf2915b17cca4a88ea83fc6dcf0c6cd1ce27ad99e6f45e4201efb05

National Recording Preservation Act of 2000 — HR. 4846

Other Sections

TITLE I

TITLE II

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