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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4846 Placed on Calendar Senate (PCS)]

                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Recording Preservation Act 
of 2000''.

    TITLE I--SOUND RECORDING PRESERVATION BY THE LIBRARY OF CONGRESS

                Subtitle A--National Recording Registry

SEC. 101. NATIONAL RECORDING REGISTRY OF THE LIBRARY OF CONGRESS.

    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.

SEC. 102. DUTIES OF LIBRARIAN 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.

SEC. 103. SEAL OF THE NATIONAL RECORDING REGISTRY.

    (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).

SEC. 104. NATIONAL RECORDING REGISTRY COLLECTION OF THE LIBRARY OF 
              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

SEC. 111. ESTABLISHMENT OF PROGRAM BY LIBRARIAN OF CONGRESS.

    (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.

SEC. 112. PROMOTING ACCESSIBILITY AND PUBLIC AWARENESS OF SOUND 
              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

SEC. 121. ESTABLISHMENT.

    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.

SEC. 122. APPOINTMENT OF MEMBERS.

    (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.

SEC. 123. SERVICE OF MEMBERS; MEETINGS.

    (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.

SEC. 124. RESPONSIBILITIES OF BOARD.

    (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.

SEC. 125. GENERAL POWERS OF BOARD.

    (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

SEC. 131. DEFINITIONS.

    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.

SEC. 132. STAFF; EXPERTS AND CONSULTANTS.

    (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.

SEC. 133. AUTHORIZATION OF APPROPRIATIONS.

    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.

          TITLE II--NATIONAL RECORDING PRESERVATION FOUNDATION

SEC. 201. NATIONAL RECORDING PRESERVATION FOUNDATION.

    (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 
sound in 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''.

            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 preserve sound recordings that are culturally, 
  historically, or aesthetically significant, and for other purposes.

_______________________________________________________________________

                           September 5, 2000

            Read the second time and placed on the calendar
```