II

Calendar No. 781

106TH CONGRESS

2D SESSION H. R. 4846

IN THE SENATE OF THE UNITED STATES

JULY 25, 2000

Received

JULY 27, 2000

Read the first time

SEPTEMBER 5, 2000

Read the second time and placed on the calendar

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Recording

3 Preservation Act of 2000’’.

4 TITLE I—SOUND RECORDING

5 PRESERVATION BY THE LI6 BRARY OF CONGRESS

7 Subtitle A—National Recording

8 Registry

9 SEC. 101. NATIONAL RECORDING REGISTRY OF THE LI10 BRARY OF CONGRESS.

11 The Librarian of Congress shall establish the Na12 tional Recording Registry for the purpose of maintaining

13 and preserving sound recordings that are culturally, his14 torically, or aesthetically significant.

15 SEC. 102. DUTIES OF LIBRARIAN OF CONGRESS.

16 (a) ESTABLISHMENT OF CRITERIA AND PROCE17 DURES.—For purposes of carrying out this subtitle, the

18 Librarian shall—

19 (1) establish criteria and procedures under

20 which sound recordings may be included in the Na21 tional Recording Registry, except that no sound re22 cording shall be eligible for inclusion in the National

23 Recording Registry until 10 years after the record24 ing’s creation;

25 (2) establish procedures under which the gen26 eral public may make recommendations to the Na-
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1 tional Recording Preservation Board established

2 under subtitle C regarding the inclusion of sound re3 cordings in the National Recording Registry; and

4 (3) determine which sound recordings satisfy

5 the criteria established under paragraph (1) and se6 lect such recordings for inclusion in the National Re7 cording Registry.

8 (b) PUBLICATION OF SOUND RECORDINGS IN THE

9 REGISTRY.—The Librarian shall publish in the Federal

10 Register the name of each sound recording that is selected

11 for inclusion in the National Recording Registry.

12 SEC. 103. SEAL OF THE NATIONAL RECORDING REGISTRY.

13 (a) IN GENERAL.—The Librarian shall provide a seal

14 to indicate that a sound recording has been included in

15 the National Recording Registry and is the Registry

16 version of that recording.

17 (b) USE OF SEAL.—The Librarian shall establish

18 guidelines for approval of the use of the seal provided

19 under subsection (a), and shall include in the guidelines

20 the following:

21 (1) The seal may only be used on recording

22 copies of the Registry version of a sound recording.

23 (2) The seal may be used only after the Librar24 ian has given approval to those persons seeking to

25 apply the seal in accordance with the guidelines.
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1 (3) In the case of copyrighted mass distributed,

2 broadcast, or published works, only the copyright

3 legal owner or an authorized licensee of that copy4 right owner may place or authorize the placement of

5 the seal on any recording copy of the Registry

6 version of any sound recording that is maintained in

7 the National Recording Registry Collection in the

8 Library of Congress.

9 (4) Anyone authorized to place the seal on any

10 recording copy of any Registry version of a sound

11 recording may accompany such seal with the fol12 lowing language: ‘‘This sound recording is selected

13 for inclusion in the National Recording Registry by

14 the Librarian of Congress in consultation with the

15 National Recording Preservation Board of the Li16 brary of Congress because of its cultural, historical,

17 or aesthetic significance.’’.

18 (c) EFFECTIVE DATE OF THE SEAL.—The use of the

19 seal provided under subsection (a) with respect to a sound

20 recording shall be effective beginning on the date the Li21 brarian publishes in the Federal Register (in accordance

22 with section 102(b)) the name of the recording, as selected

23 for inclusion in the National Recording Registry.

24 (d) PROHIBITED USES OF THE SEAL.—
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1 (1) PROHIBITION ON DISTRIBUTION AND EXHI2 BITION.—No person may knowingly distribute or ex3 hibit to the public a version of a sound recording or

4 any copy of a sound recording which bears the seal

5 described in subsection (a) if such recording—

6 (A) is not included in the National Record7 ing Registry; or

8 (B) is included in the National Recording

9 Registry but has not been approved for use of

10 the seal by the Librarian pursuant to the guide11 lines established under subsection (b).

12 (2) PROHIBITION ON PROMOTION.—No person

13 may knowingly use the seal described in subsection

14 (a) to promote any version of a sound recording or

15 recording copy other than a Registry version.

16 (e) REMEDIES FOR VIOLATIONS.—

17 (1) JURISDICTION.—The several district courts

18 of the United States shall have jurisdiction, for

19 cause shown, to prevent and restrain violations of

20 subsection (d).

21 (2) RELIEF.—

22 (A) REMOVAL OF SEAL.—Except as pro23 vided in subparagraph (B), relief for violation

24 of subsection (d) shall be limited to the removal
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1 of the seal from the sound recording involved in

2 the violation.

3 (B) FINE AND INJUNCTIVE RELIEF.—In

4 the case of a pattern or practice of the willful

5 violation of subsection (d), the court may order

6 a civil fine of not more than $10,000 and ap7 propriate injunctive relief.

8 (3) LIMITATION OF REMEDIES.—The remedies

9 provided in this subsection shall be the exclusive

10 remedies under this title, or any other Federal or

11 State law, regarding the use of the seal described in

12 subsection (a).

13 SEC. 104. NATIONAL RECORDING REGISTRY COLLECTION

14 OF THE LIBRARY OF CONGRESS.

15 (a) IN GENERAL.—All copies of sound recordings on

16 the National Recording Registry that are received by the

17 Librarian under subsection (b) shall be maintained in the

18 Library of Congress and be known as the ‘‘National Re19 cording Registry Collection of the Library of Congress’’.

20 The Librarian shall by regulation and in accordance with

21 title 17, United States Code, provide for reasonable access

22 to the sound recordings and other materials in such collec23 tion for scholarly and research purposes.

24 (b) ACQUISITION OF QUALITY COPIES.—
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1 (1) IN GENERAL.—The Librarian shall seek to

2 obtain, by gift from the owner, a quality copy of the

3 Registry version of each sound recording included in

4 the National Recording Registry.

5 (2) LIMIT ON NUMBER OF COPIES.—Not more

6 than one copy of the same version or take of any

7 sound recording may be preserved in the National

8 Recording Registry. Nothing in the preceding sen9 tence may be construed to prohibit the Librarian

10 from making or distributing copies of sound record11 ings included in the Registry for purposes of car12 rying out this Act.

13 (c) PROPERTY OF UNITED STATES.—All copies of

14 sound recordings on the National Recording Registry that

15 are received by the Librarian under subsection (b) shall

16 become the property of the United States Government,

17 subject to the provisions of title 17, United States Code.

18 Subtitle B—National Sound

19 Recording Preservation Program

20 SEC. 111. ESTABLISHMENT OF PROGRAM BY LIBRARIAN OF

21 CONGRESS.

22 (a) IN GENERAL.—The Librarian shall, after con23 sultation with the National Recording Preservation Board

24 established under subtitle C, implement a comprehensive

25 national sound recording preservation program, in con-
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1 junction with other sound recording archivists, educators

2 and historians, copyright owners, recording industry rep3 resentatives, and others involved in activities related to

4 sound recording preservation, and taking into account

5 studies conducted by the Board.

6 (b) CONTENTS OF PROGRAM SPECIFIED.—The pro7 gram established under subsection (a) shall—

8 (1) coordinate activities to assure that efforts of

9 archivists and copyright owners, and others in the

10 public and private sector, are effective and com11 plementary;

12 (2) generate public awareness of and support

13 for these activities;

14 (3) increase accessibility of sound recordings for

15 educational purposes;

16 (4) undertake studies and investigations of

17 sound recording preservation activities as needed, in18 cluding the efficacy of new technologies, and rec19 ommend solutions to improve these practices; and

20 (5) utilize the audiovisual conservation center of

21 the Library of Congress at Culpeper, Virginia, to en22 sure that preserved sound recordings included in the

23 National Recording Registry are stored in a proper

24 manner and disseminated to researchers, scholars,

25 and the public as may be appropriate in accordance
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1 with title 17, United States Code, and the terms of

2 any agreements between the Librarian and persons

3 who hold copyrights to such recordings.

4 SEC. 112. PROMOTING ACCESSIBILITY AND PUBLIC AWARE5 NESS OF SOUND RECORDINGS.

6 The Librarian shall carry out activities to make

7 sound recordings included in the National Recording Reg8 istry more broadly accessible for research and educational

9 purposes and to generate public awareness and support

10 of the Registry and the comprehensive national sound re11 cording preservation program established under this sub12 title.

13 Subtitle C—National Recording

14 Preservation Board

15 SEC. 121. ESTABLISHMENT.

16 The Librarian shall establish in the Library of Con17 gress a National Recording Preservation Board whose

18 members shall be selected in accordance with the proce19 dures described in section 122.

20 SEC. 122. APPOINTMENT OF MEMBERS.

21 (a) SELECTIONS FROM LISTS SUBMITTED BY ORGA22 NIZATIONS.—

23 (1) IN GENERAL.—The Librarian shall request

24 each organization described in paragraph (2) to sub25 mit a list of three candidates qualified to serve as
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1 a member of the Board. The Librarian shall appoint

2 one member from each such list, and shall designate

3 from that list an alternate who may attend at Board

4 expense those meetings which the individual ap5 pointed to the Board cannot attend.

6 (2) ORGANIZATIONS DESCRIBED.—The organi7 zations described in this paragraph are as follows:

8 (A) National Academy of Recording Arts

9 and Sciences (NARAS).

10 (B) Recording Industry Association of

11 America (RIAA).

12 (C) Association for Recorded Sound Collec13 tions (ARSC).

14 (D) American Society of Composers, Au15 thors and Publishers (ASCAP).

16 (E) Broadcast Music, Inc. (BMI).

17 (F) Songwriters Association (SESAC).

18 (G) American Federation of Musicians

19 (AF of M).

20 (H) Music Library Association.

21 (I) American Musicological Society.

22 (J) National Archives and Record Admin23 istration.

24 (K) National Association of Recording

25 Merchandisers (NARM).
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1 (L) Society for Ethnomusicology.

2 (M) American Folklore Society.

3 (N) Country Music Foundation.

4 (O) Audio Engineering Society (AES).

5 (P) National Academy of Popular Music.

6 (Q) Digital Media Association (DiMA).

7 (b) OTHER MEMBERS.—In addition to the members

8 appointed under subsection (a), the Librarian may appoint

9 not more than five members-at-large. The Librarian shall

10 select an alternate for each member-at-large, who may at11 tend at Board expense those meetings that the member12 at-large cannot attend.

13 (c) CHAIR.—The Librarian shall appoint one member

14 of the Board to serve as Chair.

15 (d) TERM OF OFFICE.—

16 (1) TERMS.—The term of each member of the

17 Board shall be 4 years, except that there shall be no

18 limit to the number of terms that any individual

19 member may serve.

20 (2) REMOVAL OF MEMBER OF ORGANIZA21 TION.—The Librarian shall have the authority to re22 move any member of the Board (or, in the case of

23 a member appointed under subsection (a)(1), the or24 ganization that such member represents) if the

25 member or organization over any consecutive 2-year
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1 period fails to attend at least one regularly sched2 uled Board meeting.

3 (3) VACANCIES.—A vacancy in the Board shall

4 be filled in the manner in which the original appoint5 ment was made under subsection (a), except that the

6 Librarian may fill the vacancy from a list of can7 didates previously submitted by the organization or

8 organizations involved. Any member appointed to fill

9 a vacancy shall be appointed for the remainder of

10 the term of the member’s predecessor.

11 SEC. 123. SERVICE OF MEMBERS; MEETINGS.

12 (a) REIMBURSEMENT OF EXPENSES.—Members of

13 the Board shall serve without pay, but may receive travel

14 expenses, including per diem in lieu of subsistence, in ac15 cordance with sections 5702 and 5703 of title 5, United

16 States Code.

17 (b) CONFLICT OF INTEREST.—The Librarian shall

18 establish rules and procedures to address any potential

19 conflict of interest between a member of the Board and

20 responsibilities of the Board.

21 (c) MEETINGS.—The Board shall meet at least once

22 each fiscal year. Meetings shall be at the call of the Li23 brarian.

24 (d) QUORUM.—Eleven members of the Board shall

25 constitute a quorum for the transaction of business.
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1 SEC. 124. RESPONSIBILITIES OF BOARD.

2 (a) REVIEW AND RECOMMENDATION OF NOMINA3 TIONS FOR NATIONAL RECORDING REGISTRY.—

4 (1) IN GENERAL.—The Board shall review

5 nominations of sound recordings submitted to it for

6 inclusion in the National Recording Registry and ad7 vise the Librarian, as provided in subtitle A, with re8 spect to the inclusion of such recordings in the Reg9 istry and the preservation of these and other sound

10 recordings that are culturally, historically, or aes11 thetically significant.

12 (2) SOURCE OF NOMINATIONS.—The Board

13 shall consider for inclusion in the National Record14 ing Registry nominations submitted by the general

15 public as well as representatives of sound recording

16 archives and the sound recording industry (such as

17 the guilds and societies representing sound recording

18 artists) and other creative artists.

19 (b) STUDY AND REPORT ON SOUND RECORDING

20 PRESERVATION AND RESTORATION.—The Board shall

21 conduct a study and issue a report on the following issues:

22 (1) The current state of sound recording

23 archiving, preservation and restoration activities.

24 (2) Taking into account the research and other

25 activities carried out by or on behalf of the National
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1 Audio-Visual Conservation Center at Culpeper,

2 Virginia—

3 (A) the methodology and standards needed

4 to make the transition from analog ‘‘open reel’’

5 preservation of sound recordings to digital pres6 ervation of sound recordings; and

7 (B) standards for access to preserved

8 sound recordings by researchers, educators, and

9 other interested parties.

10 (3) The establishment of clear standards for

11 copying old sound recordings (including equipment

12 specifications and equalization guidelines).

13 (4) Current laws and restrictions regarding the

14 use of archives of sound recordings, including rec15 ommendations for changes in such laws and restric16 tions to enable the Library of Congress and other

17 nonprofit institutions in the field of sound recording

18 preservation to make their collections available to re19 searchers in a digital format.

20 (5) Copyright and other laws applicable to the

21 preservation of sound recordings.

22 SEC. 125. GENERAL POWERS OF BOARD.

23 (a) IN GENERAL.—The Board may, for the purpose

24 of carrying out its duties, hold such hearings, sit and act

25 at such times and places, take such testimony, and receive
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1 such evidence, as the Librarian and the Board consider

2 appropriate.

3 (b) SERVICE ON FOUNDATION.—Two sitting mem4 bers of the Board shall be appointed by the Librarian and

5 shall serve as members of the board of directors of the

6 National Recording Preservation Foundation, in accord7 ance with section 152403 of title 36, United States Code.

8 Subtitle D—General Provisions

9 SEC. 131. DEFINITIONS.

10 As used in this title:

11 (1) The term ‘‘Librarian’’ means the Librarian

12 of Congress.

13 (2) The term ‘‘Board’’ means the National Re14 cording Preservation Board.

15 (3) The term ‘‘sound recording’’ has the mean16 ing given such term in section 101 of title 17,

17 United States Code.

18 (4) The term ‘‘publication’’ has the meaning

19 given such term in section 101 of title 17, United

20 States Code.

21 (5) The term ‘‘Registry version’’ means, with

22 respect to a sound recording, the version of a record23 ing first published or offered for mass distribution

24 whether as a publication or a broadcast, or as com25 plete a version as bona fide preservation and res-
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1 toration activities by the Librarian, an archivist

2 other than the Librarian, or the copyright legal

3 owner can compile in those cases where the original

4 material has been irretrievably lost or the recording

5 is unpublished.

6 SEC. 132. STAFF; EXPERTS AND CONSULTANTS.

7 (a) STAFF.—The Librarian may appoint and fix the

8 pay of such personnel as the Librarian considers appro9 priate to carry out this title.

10 (b) EXPERTS AND CONSULTANTS.—The Librarian

11 may, in carrying out this title, procure temporary and

12 intermittent services under section 3109(b) of title 5,

13 United States Code, but at rates for individuals not to

14 exceed the daily equivalent of the maximum rate of basic

15 pay payable for level 15 of the General Schedule. In no

16 case may a member of the Board (including an alternate

17 member) be paid as an expert or consultant under this

18 section.

19 SEC. 133. AUTHORIZATION OF APPROPRIATIONS.

20 There are authorized to be appropriated to the Li21 brarian for each of the first 7 fiscal years beginning on

22 or after the date of the enactment of this Act such sums

23 as may be necessary to carry out this title, except that

24 the amount authorized for any fiscal year may not exceed

25 $250,000.
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1 TITLE II—NATIONAL RECORD2 ING PRESERVATION FOUNDA3 TION

4 SEC. 201. NATIONAL RECORDING PRESERVATION FOUNDA5 TION.

6 (a) IN GENERAL.—Part B of subtitle II of title 36,

7 United States Code, is amended by inserting after chapter

8 1523 the following:

9 ‘‘CHAPTER 1524—NATIONAL RECORDING

10 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.

11 ‘‘§ 152401. Organization

12 ‘‘(a) FEDERAL CHARTER.—The National Recording

13 Preservation Foundation (in this chapter, the ‘‘corpora14 tion’’) is a federally chartered corporation.

15 ‘‘(b) NATURE OF CORPORATION.—The corporation is

16 a charitable and nonprofit corporation and is not an agen17 cy or establishment of the United States Government.

18 ‘‘(c) PERPETUAL EXISTENCE.—Except as otherwise

19 provided, the corporation has perpetual existence.
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1 ‘‘§ 152402. Purposes

2 ‘‘The purposes of the corporation are to—

3 ‘‘(1) encourage, accept, and administer private

4 gifts to promote and ensure the preservation and

5 public accessibility of the nation’s sound recording

6 heritage held at the Library of Congress and other

7 public and nonprofit archives throughout the United

8 States; and

9 ‘‘(2) further the goals of the Library of Con10 gress and the National Recording Preservation

11 Board in connection with their activities under the

12 National Recording Preservation Act of 2000.

13 ‘‘§ 152403. Board of directors

14 ‘‘(a) GENERAL.—The board of directors is the gov15 erning body of the corporation.

16 ‘‘(b) MEMBERS AND APPOINTMENT.—(1) The Li17 brarian of Congress (hereafter in this chapter referred to

18 as the ‘‘Librarian’’) is an ex officio nonvoting member of

19 the board. Not later than 90 days after the date of the

20 enactment of this chapter, the Librarian shall appoint the

21 directors to the board in accordance with paragraph (2).

22 ‘‘(2)(A) The board consists of nine directors.

23 ‘‘(B) Each director shall be a United States citizen.

24 ‘‘(C) At least six directors shall be knowledgeable or

25 experienced sound in recording production, distribution,

26 preservation, or restoration, including two who are sitting
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1 members of the National Recording Preservation Board.

2 These six directors shall, to the extent practicable, rep3 resent diverse points of view from the sound recording

4 community.

5 ‘‘(3) A director is not an employee of the Library of

6 Congress and appointment to the board does not con7 stitute appointment as an officer or employee of the

8 United States Government for the purpose of any law of

9 the United States.

10 ‘‘(4) The terms of office of the directors are 4 years.

11 An individual may not serve more than two consecutive

12 terms.

13 ‘‘(5) A vacancy on the board shall be filled in the

14 manner in which the original appointment was made.

15 ‘‘(c) CHAIR.—The Librarian shall appoint one of the

16 directors as the initial chair of the board for a 2-year term.

17 Thereafter, the chair shall be appointed and removed in

18 accordance with the bylaws of the corporation.

19 ‘‘(d) QUORUM.—The number of directors constituting

20 a quorum of the board shall be established under the by21 laws of the corporation.

22 ‘‘(e) MEETINGS.—The board shall meet at the call

23 of the Librarian for regularly scheduled meetings.

24 ‘‘(f) REIMBURSEMENT OF EXPENSES.—Directors

25 shall serve without compensation but may receive travel
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1 expenses, including per diem in lieu of subsistence, in ac2 cordance with sections 5702 and 5703 of title 5.

3 ‘‘(g) LIABILITY OF DIRECTORS.—Directors are not

4 personally liable, except for gross negligence.

5 ‘‘§ 152404. Officers and employees

6 ‘‘(a) SECRETARY OF THE BOARD.—(1) The Librar7 ian shall appoint a Secretary of the Board to serve as exec8 utive director of the corporation. The Librarian may re9 move the Secretary.

10 ‘‘(2) The Secretary shall be knowledgeable and expe11 rienced in matters relating to—

12 ‘‘(A) sound recording preservation and restora13 tion activities;

14 ‘‘(B) financial management; and

15 ‘‘(C) fundraising.

16 ‘‘(b) APPOINTMENT OF OFFICERS.—Except as pro17 vided in subsection (a) of this section, the board of direc18 tors appoints, removes, and replaces officers of the cor19 poration.

20 ‘‘(c) APPOINTMENT OF EMPLOYEES.—Except as pro21 vided in subsection (a) of this section, the Secretary ap22 points, removes, and replaces employees of the corpora23 tion.

24 ‘‘(d) STATUS AND COMPENSATION OF EMPLOYEES.—

25 Employees of the corporation (including the Secretary)—
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1 ‘‘(1) are not employees of the Library of Con2 gress;

3 ‘‘(2) shall be appointed and removed without re4 gard to the provisions of title 5 governing appoint5 ments in the competitive service; and

6 ‘‘(3) may be paid without regard to chapter 51

7 and subchapter III of chapter 53 of title 5, except

8 that an employee may not be paid more than the an9 nual rate of basic pay for level 15 of the General

10 Schedule under section 5107 of title 5.

11 ‘‘§ 152405. Powers

12 ‘‘(a) GENERAL.—The corporation may—

13 ‘‘(1) adopt a constitution and bylaws;

14 ‘‘(2) adopt a seal which shall be judicially no15 ticed; and

16 ‘‘(3) do any other act necessary to carry out

17 this chapter.

18 ‘‘(b) POWERS AS TRUSTEE.—To carry out its pur19 poses, the corporation has the usual powers of a corpora20 tion acting as a trustee in the District of Columbia, includ21 ing the power—

22 ‘‘(1) to accept, receive, solicit, hold, administer,

23 and use any gift, devise, or bequest, either absolutely

24 or in trust, of property or any income from or other

25 interest in property;
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1 ‘‘(2) to acquire property or an interest in prop2 erty by purchase or exchange;

3 ‘‘(3) unless otherwise required by an instrument

4 of transfer, to sell, donate, lease, invest, or otherwise

5 dispose of any property or income from property;

6 ‘‘(4) to borrow money and issue instruments of

7 indebtedness;

8 ‘‘(5) to make contracts and other arrangements

9 with public agencies and private organizations and

10 persons and to make payments necessary to carry

11 out its functions;

12 ‘‘(6) to sue and be sued; and

13 ‘‘(7) to do any other act necessary and proper

14 to carry out the purposes of the corporation.

15 ‘‘(c) ENCUMBERED OR RESTRICTED GIFTS.—A gift,

16 devise, or bequest may be accepted by the corporation even

17 though it is encumbered, restricted, or subject to beneficial

18 interests of private persons, if any current or future inter19 est is for the benefit of the corporation.

20 ‘‘§ 152406. Principal office

21 ‘‘The principal office of the corporation shall be in

22 the District of Columbia. However, the corporation may

23 conduct business throughout the States, territories, and

24 possessions of the United States.
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1 ‘‘§ 152407. Provision and acceptance of support by Li2 brarian of Congress

3 ‘‘(a) PROVISION BY LIBRARIAN.—(1) The Librarian

4 may provide personnel, facilities, and other administrative

5 services to the corporation. Administrative services may

6 include reimbursement of expenses under section

7 152403(f).

8 ‘‘(2) The corporation shall reimburse the Librarian

9 for support provided under paragraph (1) of this sub10 section. Amounts reimbursed shall be deposited in the

11 Treasury to the credit of the appropriations then current

12 and chargeable for the cost of providing the support.

13 ‘‘(b) ACCEPTANCE BY LIBRARIAN.—The Librarian

14 may accept, without regard to chapters 33 and 51 and

15 subchapter III of chapter 53 of title 5 and related regula16 tions, the services of the corporation and its directors, offi17 cers, and employees as volunteers in performing functions

18 authorized under this chapter, without compensation from

19 the Library of Congress.

20 ‘‘§ 152408. Service of process

21 ‘‘The corporation shall have a designated agent to re22 ceive service of process for the corporation. Notice to or

23 service on the agent, or mailed to the business address

24 of the agent, is notice to or service on the corporation.
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1 ‘‘§ 152409. Civil action by Attorney General for equi2 table relief

3 ‘‘The Attorney General may bring a civil action in

4 the United States District Court for the District of Colum5 bia for appropriate equitable relief if the corporation—

6 ‘‘(1) engages or threatens to engage in any act,

7 practice, or policy that is inconsistent with the pur8 poses in section 152402 of this title; or

9 ‘‘(2) refuses, fails, or neglects to carry out its

10 obligations under this chapter or threatens to do so.

11 ‘‘§ 152410. Immunity of United States Government

12 ‘‘The United States Government is not liable for any

13 debts, defaults, acts, or omissions of the corporation. The

14 full faith and credit of the Government does not extend

15 to any obligation of the corporation.

16 ‘‘§ 152411. Authorization of appropriations

17 ‘‘(a) AUTHORIZATION.—There are authorized to be

18 appropriated to the corporation for each of the first 7 fis19 cal years beginning on or after the date of the enactment

20 of this chapter an amount not to exceed the amount of

21 private contributions (whether in currency, services, or

22 property) made to the corporation by private persons and

23 State and local governments.

24 ‘‘(b) LIMITATION RELATED TO ADMINISTRATIVE EX25 PENSES.—Except as permitted under section 152407,

26 amounts authorized under this section may not be used
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1 by the corporation for administrative expenses of the cor2 poration, including salaries, travel, transportation, and

3 overhead expenses.

4 ‘‘§ 152412. Annual report

5 ‘‘As soon as practicable after the end of each fiscal

6 year, the corporation shall submit a report to the Librar7 ian for transmission to Congress on the activities of the

8 corporation during the prior fiscal year, including a com9 plete statement of its receipts, expenditures, and invest10 ments.’’.

11 (b) CLERICAL AMENDMENT.—The table of chapters

12 for part B of subtitle II of title 36, United States Code,

13 is amended by inserting after the item relating to chapter

14 1523 the following new item:

‘‘1524. National Recording Preservation Foundation .........152401’’.

Passed the House of Representatives July 25, 2000.

Attest: JEFF TRANDAHL,

Clerk.
Calendar No. 781

106TH CONGRESS

2D SESSION H. R. 4846

AN ACT

To establish the National Recording Registry in the

Library of Congress to maintain and preservesound recordings that are culturally, historically,or aesthetically significant, and for other purposes.

SEPTEMBER 5, 2000

Read the second time and placed on the calendar