II

106TH CONGRESS

1ST SESSION S. 1927

To establish the National Recording Registry in the Library of Congress

to maintain and preserve recordings that are culturally, historically,

or aesthetically significant, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 16, 1999

Mr. BREAUX introduced the following bill; which was read twice and referred

to the Committee on Rules and Administration

A BILL

To establish the National Recording Registry in the Library

of Congress to maintain and preserve 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,

3 SECTION 1. SHORT TITLE.

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

5 Preservation Act of 1999’’.
2

•S 1927 IS

1 TITLE I—RECORDING PRESER2 VATION BY THE LIBRARY OF

3 CONGRESS

4 Subtitle A—National Recording

5 Registry

6 SEC. 101. NATIONAL RECORDING REGISTRY OF THE LI7 BRARY OF CONGRESS.

8 The Librarian of Congress shall establish the Na9 tional Recording Registry for the purpose of maintaining

10 and preserving recordings that are culturally, historically,

11 or aesthetically significant.

12 SEC. 102. DUTIES OF LIBRARIAN OF CONGRESS.

13 (a) ESTABLISHMENT OF CRITERIA AND PROCE14 DURES.—For purposes of carrying out this subtitle, the

15 Librarian shall—

16 (1) establish criteria and procedures under

17 which recordings may be included in the National

18 Recording Registry, except that no recording shall

19 be eligible for inclusion in the National Recording

20 Registry until 10 years after the recording’s cre21 ation;

22 (2) establish procedures under which the gen23 eral public may make recommendations to the Na24 tional Recording Preservation Board established
3

•S 1927 IS

1 under subtitle C regarding the inclusion of record2 ings in the National Recording Registry; and

3 (3) determine which recordings satisfy the cri4 teria established under paragraph (1) and select

5 such recordings for inclusion in the National Record6 ing Registry, except that the Librarian may not se7 lect more than 25 recordings or groups of recordings

8 each year for inclusion in the Registry.

9 (b) PUBLICATION OF RECORDINGS IN THE REG10 ISTRY.—The Librarian shall publish in the Federal Reg11 ister the name of each recording that is selected for inclu12 sion in the National Recording Registry.

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

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

15 to indicate that a recording has been included in the Na16 tional Recording Registry and is the Registry version of

17 that recording.

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

19 guidelines for approval of the use of the seal provided

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

21 the following:

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

23 copies of the Registry version of a recording.
4

•S 1927 IS

1 (2) The seal may be used only after the Librar2 ian has given approval to those persons seeking to

3 apply the seal in accordance with the guidelines.

4 (3) In the case of copyrighted mass distributed,

5 broadcast, or published works, only the copyright

6 legal owner or an authorized licensee of that copy7 right owner may place or authorize the placement of

8 the seal on any recording copy of the Registry

9 version of any recording that is maintained in the

10 National Recording Registry Collection in the Li11 brary of Congress.

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

13 recording copy of any Registry version of a record14 ing may accompany such seal with the following lan15 guage: ‘‘This recording was selected for inclusion in

16 the National Recording Registry by the Librarian of

17 Congress in consultation with the National Record18 ing Preservation Board of the Library of Congress

19 because of its cultural, historical, or aesthetic signifi20 cance.’’.

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

22 seal provided under subsection (a) with respect to a re23 cording shall be effective beginning on the date the Librar24 ian publishes in the Federal Register (in accordance with
5

•S 1927 IS

1 section 102(b)) the name of the recording, as selected for

2 inclusion in the National Recording Registry.

3 (d) PROHIBITED USES OF THE SEAL.—

4 (1) PROHIBITION ON DISTRIBUTION AND EXHI5 BITION.—No person may knowingly distribute or ex6 hibit to the public a version of a recording or any

7 copy of a recording which bears the seal described

8 in subsection (a) if such recording—

9 (A) is not included in the National Record10 ing Registry; or

11 (B) is included in the National Recording

12 Registry but has not been approved for use of

13 the seal by the Librarian pursuant to the guide14 lines established under subsection (b).

15 (2) PROHIBITION ON PROMOTION.—No person

16 may knowingly use the seal described in subsection

17 (a) to promote any version of a recording or record18 ing copy other than a Registry version.

19 (e) REMEDIES FOR VIOLATIONS.—

20 (1) JURISDICTION.—The several district courts

21 of the United States shall have jurisdiction, for

22 cause shown, to prevent and restrain violations of

23 subsection (d).

24 (2) RELIEF.—
6

•S 1927 IS

1 (A) REMOVAL OF SEAL.—Except as pro2 vided in subparagraph (B), relief for violation

3 of subsection (d) shall be limited to the removal

4 of the seal from the recording involved in the

5 violation.

6 (B) FINE AND INJUNCTIVE RELIEF.—In

7 the case of a pattern or practice of the willful

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

9 a civil fine of not more than $10,000 and ap10 propriate injunctive relief.

11 (3) LIMITATION OF REMEDIES.—The remedies

12 provided in this subsection shall be the exclusive

13 remedies under this title, or any other Federal or

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

15 subsection (a).

16 SEC. 104. NATIONAL RECORDING REGISTRY COLLECTION

17 OF THE LIBRARY OF CONGRESS.

18 (a) IN GENERAL.—All copies of recordings on the

19 National Recording Registry that are received by the Li20 brarian under subsection (b), and other materials received

21 by the Librarian under subsection (c), shall be maintained

22 in the Library of Congress and be known as the ‘‘National

23 Recording Registry Collection of the Library of Congress’’.

24 The Librarian shall by regulation and in accordance with

25 title 17, United States Code, provide for reasonable access
7

•S 1927 IS

1 to the recordings and other materials in such collection

2 for scholarly and research purposes.

3 (b) ACQUISITION OF QUALITY COPIES.—The Librar4 ian shall seek to obtain, by gift from the owner, a quality

5 copy of the Registry version of each recording included

6 in the National Recording Registry. Whenever possible,

7 the Librarian shall seek to obtain the best surviving mate8 rials, including pre-mixed master recordings. Copyright

9 owners, and others possessing copies of such materials, are

10 strongly encouraged to provide pre-mix, master archival

11 elements to the Library of Congress.

12 (c) ADDITIONAL MATERIALS.—The Librarian shall

13 seek to obtain, for educational and research purposes, ad14 ditional materials related to each recording included in the

15 National Recording Registry, including background mate16 rials, unedited multi-track original tapes, out-takes, music

17 or scripts used in the recording sessions, contracts, mix

18 and cue sheets for final mix down, metal parts, master

19 or earliest known copy, and other similar materials.

20 (d) PROPERTY OF UNITED STATES.—All copies of re21 cordings on the National Recording Registry that are re22 ceived by the Librarian under subsection (b), and other

23 materials received by the Librarian under subsection (c),

24 shall become the property of the United States Govern-
8

•S 1927 IS

1 ment, subject to the provisions of title 17, United States

2 Code.

3 Subtitle B—National Recording

4 Preservation Program

5 SEC. 111. ESTABLISHMENT OF PROGRAM BY LIBRARIAN OF

6 CONGRESS.

7 (a) IN GENERAL.—The Librarian shall, after con8 sultation with the National Recording Preservation Board

9 established under subtitle C, implement a comprehensive

10 national recording preservation program, in conjunction

11 with other recording archivists, educators and historians,

12 copyright owners, recording industry representatives, and

13 others involved in activities related to recording preserva14 tion, and taking into account studies conducted by the

15 Board.

16 (b) CONTENTS OF PROGRAM SPECIFIED.—The pro17 gram established under subsection (a) shall—

18 (1) coordinate activities to assure that efforts of

19 archivists and copyright owners, and others in the

20 public and private sector, are effective and com21 plementary;

22 (2) generate public awareness of and support

23 for these activities;

24 (3) increase accessibility of recordings for edu25 cational purposes; and
9

•S 1927 IS

1 (4) undertake studies and investigations of re2 cording preservation activities as needed, including

3 the efficacy of new technologies, and recommend so4 lutions to improve these practices.

5 SEC. 112. PROMOTING ACCESSIBILITY AND PUBLIC AWARE6 NESS OF RECORDINGS.

7 The Librarian shall carry out activities to make

8 sound recordings more broadly accessible for research and

9 educational purposes and to generate public awareness

10 and support of the National Recording Registry and the

11 comprehensive national recording preservation program

12 established under this subtitle.

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 3 candidates qualified to serve as a
10

•S 1927 IS

1 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).
11

•S 1927 IS

1 (L) Society for Ethnomusicology.

2 (M) American Folklore Society.

3 (N) Country Music Foundation.

4 (O) Rutgers University Jazz Archive.

5 (P) Rodgers and Hammerstein Archives.

6 (Q) Stanford University Archive of Re7 corded Sound.

8 (R) National Public Radio.

9 (S) Audio Engineering Society (AES).

10 (T) National Academy of Popular Music.

11 (b) OTHER MEMBERS.—

12 (1) MEMBERS OF HOUSE OF REPRESENTATIVES

13 AND SENATE.—2 members of the House of Rep14 resentatives (selected jointly by the Speaker and mi15 nority leader of the House of Representatives) and

16 2 members of the Senate (selected jointly by the ma17 jority and minority leaders of the Senate) shall serve

18 as members of the Board.

19 (2) MEMBERS-AT-LARGE.—In addition to the

20 members appointed under subsection (a), the Librar21 ian may appoint not more than 3 members-at-large.

22 The Librarian shall select an alternate for each

23 member-at-large, who may attend at Board expense

24 those meetings that the member-at-large cannot at25 tend.
12

•S 1927 IS

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

2 of the Board to serve as Chair.

3 (d) TERM OF OFFICE.—

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

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

6 limit to the number of terms that any individual

7 member may serve.

8 (2) REMOVAL OF MEMBER OF ORGANIZA9 TION.—

10 (A) IN GENERAL.—The Librarian shall

11 have the authority to remove any member of

12 the Board (or, in the case of a member ap13 pointed under subsection (a)(1), the organiza14 tion that such member represents) if the mem15 ber or organization over any consecutive 2-year

16 period fails to attend at least one regularly

17 scheduled Board meeting.

18 (B) EXCEPTION FOR MEMBERS OF HOUSE

19 AND SENATE.—Subparagraph (A) shall not

20 apply with respect to a member of the Board

21 who is a member of the House of Representa22 tives or Senate appointed under subsection

23 (b)(1).

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

25 be filled in the manner in which the original appoint-
13

•S 1927 IS

1 ment was made under subsection (a), except that the

2 Librarian may fill the vacancy from a list of can3 didates previously submitted by the organization or

4 organizations involved. Any member appointed to fill

5 a vacancy shall be appointed for the remainder of

6 the term of the member’s predecessor.

7 SEC. 123. SERVICE OF MEMBERS; MEETINGS.

8 (a) REIMBURSEMENT OF EXPENSES.—Members of

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

10 expenses, including per diem in lieu of subsistence, in ac11 cordance with sections 5702 and 5703 of title 5, United

12 States Code.

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

14 establish rules and procedures to address any potential

15 conflict of interest between a member of the Board and

16 responsibilities of the Board.

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

18 each fiscal year. Meetings shall be at the call of the Li19 brarian.

20 (d) QUORUM.—12 members of the Board shall con21 stitute a quorum for the transaction of business.

22 SEC. 124. RESPONSIBILITIES OF BOARD.

23 (a) REVIEW AND RECOMMENDATION OF NOMINA24 TIONS FOR NATIONAL RECORDING REGISTRY.—
14

•S 1927 IS

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

2 nominations of recordings submitted to it for inclu3 sion in the National Recording Registry and advise

4 the Librarian, as provided in subtitle A, with respect

5 to the inclusion of such recordings in the Registry

6 and the preservation of these and other recordings

7 that are culturally, historically, or aesthetically sig8 nificant.

9 (2) SOURCE OF NOMINATIONS.—The Board

10 shall consider for inclusion in the National Record11 ing Registry nominations submitted by the general

12 public as well as representatives of recording ar13 chives and the recording industry (such as the guilds

14 and societies representing recording artists) and

15 other creative artists.

16 (b) STUDY AND REPORT ON RECORDING PRESERVA17 TION AND RESTORATION.—The Board shall conduct a

18 study and issue a report on the following issues:

19 (1) The current state of sound recording

20 archiving, preservation and restoration activities.

21 (2) Taking into account the research and other

22 activities carried out by or on behalf of the National

23 Audio-Visual Conservation Center at Culpeper,

24 Virginia—
15

•S 1927 IS

1 (A) the methodology and standards needed

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

3 preservation of recordings to digital preserva4 tion of recordings; and

5 (B) standards for access to preserved re6 cordings by researchers, educators, and other

7 interested parties.

8 (3) The establishment of clear standards for

9 copying old recordings (including equipment speci10 fications and equalization guidelines).

11 (4) Current laws and restrictions regarding the

12 use of archives of sound recordings, including rec13 ommendations for changes in such laws and restric14 tions to enable the Library of Congress and other

15 nonprofit institutions in the field of sound recording

16 preservation to make their collections available to re17 searchers in a digital format.

18 (5) Copyright and other laws applicable to the

19 preservation of sound recordings.

20 SEC. 125. GENERAL POWERS OF BOARD.

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

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

23 at such times and places, take such testimony, and receive

24 such evidence, as the Librarian and the Board consider

25 appropriate.
16

•S 1927 IS

1 (b) SERVICE ON FOUNDATION.—Two sitting mem2 bers of the Board shall be appointed by the Librarian and

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

4 National Recording Preservation Foundation, in accord5 ance with section 152403 of title 36, United States Code.

6 Subtitle D—General Provisions

7 SEC. 131. DEFINITIONS.

8 As used in this title:

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

10 of Congress.

11 (2) The term ‘‘Board’’ means the National Re12 cording Preservation Board.

13 (3) The term ‘‘sound recording’’ has the mean14 ing given such term in section 101 of title 17,

15 United States Code.

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

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

18 States Code.

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

20 respect to a recording, the version of a recording

21 first published or offered for mass distribution

22 whether as a publication or a broadcast, or as com23 plete a version as bona fide preservation and res24 toration activities by the Librarian, an archivist

25 other than the Librarian, or the copyright legal
17

•S 1927 IS

1 owner can compile in those cases where the original

2 material has been irretrievably lost or the recording

3 is unpublished.

4 SEC. 132. STAFF; EXPERTS AND CONSULTANTS.

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

6 pay of such personnel as the Librarian considers appro7 priate to carry out this title.

8 (b) EXPERTS AND CONSULTANTS.—The Librarian

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

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

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

12 exceed the daily equivalent of the maximum rate of basic

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

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

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

16 section.

17 SEC. 133. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated to the Li19 brarian for each of the first 7 fiscal years beginning on

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

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

22 the amount authorized for any fiscal year may not exceed

23 $500,000.
18

•S 1927 IS

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.
19

•S 1927 IS

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 recording heritage

6 held at the Library of Congress and other public and

7 nonprofit archives throughout the United States;

8 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 1999.

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 9 directors.

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

24 ‘‘(C) At least 6 directors shall be knowledgeable or

25 experienced in recording production, distribution, preser26 vation, or restoration, including 2 who are sitting members
20

•S 1927 IS

1 of the National Recording Preservation Board. These 6

2 directors shall, to the extent practicable, represent diverse

3 points of view from the recording community.

4 ‘‘(D) One director shall be appointed from among a

5 list of nominees provided by the Executive Director of the

6 National Academy of Recording Arts and Sciences.

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

8 Congress and appointment to the board does not con9 stitute appointment as an officer or employee of the

10 United States Government for the purpose of any law of

11 the United States.

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

13 An individual may not serve more than two consecutive

14 terms.

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

16 manner in which the original appointment was made.

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

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

19 Thereafter, the chair shall be appointed and removed in

20 accordance with the bylaws of the corporation.

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

22 a quorum of the board shall be established under the by23 laws of the corporation.

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

25 of the Librarian for regularly scheduled meetings.
21

•S 1927 IS

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

2 shall serve without compensation but may receive travel

3 expenses, including per diem in lieu of subsistence, in ac4 cordance with sections 5702 and 5703 of title 5.

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

6 personally liable, except for gross negligence.

7 ‘‘§ 152404. Officers and employees

8 ‘‘(a) SECRETARY OF THE BOARD.—(1) The Librar9 ian shall appoint a Secretary of the Board to serve as exec10 utive director of the corporation. The Librarian may re11 move the Secretary.

12 ‘‘(2) The Secretary shall be knowledgeable and expe13 rienced in matters relating to—

14 ‘‘(A) recording preservation and restoration ac15 tivities;

16 ‘‘(B) financial management; and

17 ‘‘(C) fundraising.

18 ‘‘(b) APPOINTMENT OF OFFICERS.—Except as pro19 vided in subsection (a) of this section, the board of direc20 tors appoints, removes, and replaces officers of the cor21 poration.

22 ‘‘(c) APPOINTMENT OF EMPLOYEES.—Except as pro23 vided in subsection (a) of this section, the Secretary ap24 points, removes, and replaces employees of the corpora25 tion.
22

•S 1927 IS

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

2 Employees of the corporation (including the Secretary)—

3 ‘‘(1) are not employees of the Library of Con4 gress;

5 ‘‘(2) shall be appointed and removed without re6 gard to the provisions of title 5 governing appoint7 ments in the competitive service; and

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

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

10 that an employee may not be paid more than the an11 nual rate of basic pay for level 15 of the General

12 Schedule under section 5107 of title 5.

13 ‘‘§ 152405. Powers

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

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

16 ‘‘(2) adopt a seal which shall be judicially no17 ticed; and

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

19 this chapter.

20 ‘‘(b) POWERS AS TRUSTEE.—To carry out its pur21 poses, the corporation has the usual powers of a corpora22 tion acting as a trustee in the District of Columbia, includ23 ing the power—

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

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

•S 1927 IS

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

2 interest in property;

3 ‘‘(2) to acquire property or an interest in prop4 erty by purchase or exchange;

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

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

7 dispose of any property or income from property;

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

9 indebtedness;

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

11 with public agencies and private organizations and

12 persons and to make payments necessary to carry

13 out its functions;

14 ‘‘(6) to sue and be sued; and

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

16 to carry out the purposes of the corporation.

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

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

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

20 interests of private persons, if any current or future inter21 est is for the benefit of the corporation.

22 ‘‘§ 152406. Principal office

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

24 the District of Columbia. However, the corporation may
24

•S 1927 IS

1 conduct business throughout the States, territories, and

2 possessions of the United States.

3 ‘‘§ 152407. Provision and acceptance of support by Li4 brarian of Congress

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

6 may provide personnel, facilities, and other administrative

7 services to the corporation. Administrative services may

8 include reimbursement of expenses under section

9 152403(f).

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

11 for support provided under paragraph (1) of this sub12 section. Amounts reimbursed shall be deposited in the

13 Treasury to the credit of the appropriations then current

14 and chargeable for the cost of providing the support.

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

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

17 subchapter III of chapter 53 of title 5 and related regula18 tions, the services of the corporation and its directors, offi19 cers, and employees as volunteers in performing functions

20 authorized under this chapter, without compensation from

21 the Library of Congress.

22 ‘‘§ 152408. Service of process

23 ‘‘The corporation shall have a designated agent to re24 ceive service of process for the corporation. Notice to or
25

•S 1927 IS

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

2 of the agent, is notice to or service on the corporation.

3 ‘‘§ 152409. Civil action by Attorney General for equi4 table relief

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

6 the United States District Court for the District of Colum7 bia for appropriate equitable relief if the corporation—

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

9 practice, or policy that is inconsistent with the pur10 poses in section 152402 of this title; or

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

12 obligations under this chapter or threatens to do so.

13 ‘‘§ 152410. Immunity of United States Government

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

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

16 full faith and credit of the Government does not extend

17 to any obligation of the corporation.

18 ‘‘§ 152411. Authorization of appropriations

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

20 appropriated to the corporation for each of the first 7 fis21 cal years beginning on or after the date of the enactment

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

23 private contributions (whether in currency, services, or

24 property) made to the corporation by private persons and

25 State and local governments.
26

•S 1927 IS

1 ‘‘(b) LIMITATION RELATED TO ADMINISTRATIVE EX2 PENSES.—Except as permitted under section 152407,

3 amounts authorized under this section may not be used

4 by the corporation for administrative expenses of the cor5 poration, including salaries, travel, transportation, and

6 overhead expenses.

7 ‘‘§ 152412. Annual report

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

9 year, the corporation shall submit a report to the Librar10 ian for transmission to Congress on the activities of the

11 corporation during the prior fiscal year, including a com12 plete statement of its receipts, expenditures, and invest13 ments.’’.

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

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

16 is amended by inserting after the item relating to chapter

17 1523 the following new item:

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

Æ