```

[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,

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 
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.
```