In the Senate of the United States,

July 30, 1996.

Resolved, That the bill from the House of Representatives (H.R. 3754) entitled ‘‘An Act making appropriations for

the Legislative Branch for the fiscal year ending September

30, 1997, and for other purposes’’, do pass with the following

AMENDMENTS:

1 Ω1æPage 2, after line 5, insert:

2 SENATE

3 EXPENSE ALLOWANCES

4 For expense allowances of the Vice President, $10,000;

5 the President Pro Tempore of the Senate, $10,000; Majority

6 Leader of the Senate, $10,000; Minority Leader of the Sen7 ate, $10,000; Majority Whip of the Senate, $5,000; Minority

8 Whip of the Senate, $5,000; and Chairmen of the Majority

9 and Minority Conference Committees, $3,000 for each

10 Chairman; in all, $56,000.
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HR 3754 EAS

1 REPRESENTATION ALLOWANCES FOR THE MAJORITY AND

2 MINORITY LEADERS

3 For representation allowances of the Majority and Mi4 nority Leaders of the Senate, $15,000 for each such Leader;

5 in all, $30,000.

6 SALARIES, OFFICERS AND EMPLOYEES

7 For compensation of officers, employees, and others as

8 authorized by law, including agency contributions,

9 $74,615,000, which shall be paid from this appropriation

10 without regard to the below limitations, as follows:

11 OFFICE OF THE VICE PRESIDENT

12 For the Office of the Vice President, $1,513,000.

13 OFFICE OF THE PRESIDENT PRO TEMPORE

14 For the Office of the President Pro Tempore, $325,000.

15 OFFICES OF THE MAJORITY AND MINORITY LEADERS

16 For Offices of the Majority and Minority Leaders,

17 $2,195,000.

18 OFFICES OF THE MAJORITY AND MINORITY WHIPS

19 For Offices of the Majority and Minority Whips,

20 $1,156,000.

21 CONFERENCE COMMITTEES

22 For the Conference of the Majority and the Conference

23 of the Minority, at rates of compensation to be fixed by the

24 Chairman of each such committee, $996,000 for each such

25 committee; in all, $1,992,000.
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HR 3754 EAS

1 OFFICES OF THE SECRETARIES OF THE CONFERENCE OF

2 THE MAJORITY AND THE CONFERENCE OF THE MINORITY

3 For Offices of the Secretaries of the Conference of the

4 Majority and the Conference of the Minority, $384,000.

5 POLICY COMMITTEES

6 For salaries of the Majority Policy Committee and the

7 Minority Policy Committee, $965,000 for each such com8 mittee, in all, $1,930,000.

9 OFFICE OF THE CHAPLAIN

10 For Office of the Chaplain, $234,000.

11 OFFICE OF THE SECRETARY

12 For Office of the Secretary, $12,714,000.

13 OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

14 For Office of the Sergeant at Arms and Doorkeeper,

15 $34,037,000.

16 OFFICES OF THE SECRETARIES FOR THE MAJORITY AND

17 MINORITY

18 For Offices of the Secretary for the Majority and the

19 Secretary for the Minority, $1,135,000.

20 AGENCY CONTRIBUTIONS AND RELATED EXPENSES

21 For agency contributions for employee benefits, as au22 thorized by law, and related expenses, $17,000,000.

23 OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

24 For salaries and expenses of the Office of the Legisla25 tive Counsel of the Senate, $3,447,000.
4

HR 3754 EAS

1 OFFICE OF SENATE LEGAL COUNSEL

2 For salaries and expenses of the Office of Senate Legal

3 Counsel, $936,000.

4 EXPENSE ALLOWANCES OF THE SECRETARY OF THE SEN5 ATE, SERGEANT AT ARMS AND DOORKEEPER OF THE

6 SENATE, AND SECRETARIES FOR THE MAJORITY AND

7 MINORITY OF THE SENATE

8 For expense allowances of the Secretary of the Senate,

9 $3,000; Sergeant at Arms and Doorkeeper of the Senate,

10 $3,000; Secretary for the Majority of the Senate, $3,000;

11 Secretary for the Minority of the Senate, $3,000; in all,

12 $12,000.

13 CONTINGENT EXPENSES OF THE SENATE

14 INQUIRIES AND INVESTIGATIONS

15 For expenses of inquiries and investigations ordered

16 by the Senate, or conducted pursuant to section 134(a) of

17 Public Law 601, Seventy-ninth Congress, as amended, sec18 tion 112 of Public Law 96–304 and Senate Resolution 281,

19 agreed to March 11, 1980, $69,561,000.

20 EXPENSES OF THE UNITED STATES SENATE CAUCUS ON

21 INTERNATIONAL NARCOTICS CONTROL

22 For expenses of the United States Senate Caucus on

23 International Narcotics Control, $305,000.

24 SECRETARY OF THE SENATE

25 For expenses of the Office of the Secretary of the Sen26 ate, $1,511,000.
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HR 3754 EAS

1 SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

2 For expenses of the Office of the Sergeant at Arms and

3 Doorkeeper of the Senate, $65,931,000.

4 MISCELLANEOUS ITEMS

5 For miscellaneous items, $6,791,000.

6 SENATOR’S OFFICIAL PERSONNEL AND OFFICE EXPENSE

7 ACCOUNT

8 For Senators’ Official Personnel and Office Expense

9 Account, $208,000,000.

10 STATIONERY (REVOLVING FUND)

11 For stationery for the President of the Senate, $4,500,

12 for officers of the Senate and the Conference of the Majority

13 and Conference of the Minority of the Senate, $8,500; in

14 all, $13,000.

15 OFFICIAL MAIL COSTS

16 For expenses necessary for official mail costs of the

17 Senate, $10,000,000, to remain available until September

18 30, 1998.

19 ADMINISTRATIVE PROVISIONS

20 SECTION 1. Section 195(a) of chapter IX of title I of

21 the Supplemental Appropriations Act, 1985 (Public Law

22 99–88; 2 U.S.C. 61g–7(a)) is amended by striking the pe23 riod at the end and inserting ‘‘or with respect to the admin24 istration of the affairs of the committee.’’.
6

HR 3754 EAS

1 SEC. 2. Section 105(d)(1) of chapter VI of title I of

2 the Second Supplemental Appropriations Act, 1978 (Public

3 Law 95–355; 2 U.S.C. 43d(d)(1)) is amended by striking

4 ‘‘and telephone services’’ and inserting ‘‘, telephone services,

5 and stationery’’.

6 SEC. 3. Section 3(f)(1) under the heading ‘‘ADMINIS7 TRATIVE PROVISIONS’’ in the appropriation for the Senate

8 in the Legislative Branch Appropriation Act, 1975 (2

9 U.S.C. 59(e)(1)) is amended in the second sentence by strik10 ing ‘‘one year’’ and inserting ‘‘3 years’’.

11 SEC. 4. (a) Section 5 under the heading ‘‘ADMINISTRA12 TIVE PROVISIONS’’ in the appropriation for the Senate in

13 the Legislative Branch Appropriations Act, 1996 (2 U.S.C.

14 58a note) is amended—

15 (1) in subsection (a), by striking ‘‘by the Ser16 geant at Arms and Doorkeeper of the Senate’’; and

17 (2) by striking subsection (b) and inserting the

18 following:

19 ‘‘(b) As used in subsection (a), the term ‘user’ means

20 a Senator, an Officer of the Senate, and any office, commit21 tee, or other entity the funds of which are disbursed by the

22 Secretary of the Senate.’’.

23 (b) The amendments made by subsection (a) shall take

24 effect on October 1, 1996, and shall apply to all payments
7

HR 3754 EAS

1 made on or after such date for local and long distance tele2 communications service.

3 SEC. 5. (a) The Sergeant at Arms and Doorkeeper of

4 the Senate may directly, or through the General Services

5 Administration, transfer title to excess or surplus educa6 tionally useful equipment to a public school. Any such

7 transfer shall be completed at the lowest possible cost to the

8 public school and the Senate.

9 (b) The Committee on Rules and Administration of the

10 Senate shall prescribe regulations to carry out the provi11 sions of this section.

12 (c) Receipts from reimbursements for the costs of trans13 fer of excess or surplus educationally useful equipment

14 under this section, shall be deposited in the United States

15 Treasury for credit to the account for the ‘‘Sergeant at Arms

16 and Doorkeeper of the Senate’’ within the contingent fund

17 of the Senate.

18 (d) For the purposes of this section:

19 (1) The term ‘‘public school’’ means a public ele20 mentary or secondary school as such terms are de21 fined in section 14101 of the Elementary and Second22 ary Education Act of 1965 (20 U.S.C. 8801).

23 (2) The term ‘‘educationally useful equipment’’

24 means computers and related peripheral tools, includ25 ing printers, modems, routers, servers, computer key-
8

HR 3754 EAS

1 boards, scanners, and other telecommunications and

2 research equipment, that are appropriate for use in

3 public school education.

4 (e) This section shall take effect beginning with fiscal

5 year 1997 and shall be effective each fiscal year thereafter.

6 SEC. 6. (a) Notwithstanding section 1345 of title 31,

7 United States Code, the Secretary of the Senate may reim8 burse any individual employed by the Senate day care cen9 ter for the cost of training classes and conferences in connec10 tion with the provision of child care services and for travel,

11 transportation, and subsistence expenses incurred in con12 nection with the training classes and conferences.

13 (b) The Senate day care center shall certify and pro14 vide appropriate documentation to the Secretary of the Sen15 ate with respect to any reimbursement under this section.

16 Reimbursements under this section shall be made from the

17 appropriations account ‘‘MISCELLANEOUS ITEMS’’

18 within the contingent fund of the Senate on vouchers ap19 proved by the Secretary of the Senate.

20 (c) Reimbursements under this section shall be subject

21 to the regulations and limitations prescribed by the Com22 mittee on Rules and Administration of the Senate for travel

23 and related expenses for which payment is authorized to

24 be made from the contingent fund of the Senate.
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1 (d) This section shall be effective on and after October

2 1, 1996.

3 SEC. 7. Notwithstanding any other provision of law,

4 any funds received during fiscal year 1996 by the Sergeant

5 at Arms and Doorkeeper of the Senate in settlement of a

6 contract claim or dispute, but not to exceed $1,450,000,

7 shall be deposited into the appropriation account for fiscal

8 year 1997 for the Sergeant at Arms and Doorkeeper of the

9 Senate within the contingent fund of the Senate and shall

10 be available in a like manner and for the same purposes

11 as are the other funds in that account.

12 SEC. 8. (a) The Secretary of the Senate, with the over13 sight and approval of the Committee on Rules and Admin14 istration of the Senate, shall oversee the development and

15 implementation of a comprehensive Senate legislative infor16 mation system.

17 (b) In carrying out this section, the Secretary of the

18 Senate shall consult and work with officers and employees

19 of the House of Representatives. Legislative branch agencies

20 and departments and agencies of the executive branch shall

21 provide cooperation, consultation, and assistance as re22 quested by the Secretary of the Senate to carry out this sec23 tion.

24 (c) Any funds that were appropriated under the head25 ing ‘‘Secretary of the Senate’’ for expenses of the Office of
10

HR 3754 EAS

1 the Secretary of the Senate by the Legislative Branch Ap2 propriations Act, 1995, to remain available until Septem3 ber 30, 1998, and that the Secretary determines are not

4 needed for development of a financial management system

5 for the Senate may, with the approval of the Committee

6 on Appropriations of the Senate, be used to carry out the

7 provisions of this section, and such funds shall be available

8 through September 30, 2000.

9 (d) The Committee on Rules and Administration of

10 the Senate may prescribe such regulations as may be nec11 essary to carry out the provisions of this section.

12 (e) This section shall be effective for fiscal years begin13 ning on or after October 1, 1996.

14 SEC. 9. PAYMENT FOR UNACCRUED LEAVE.—

15 (a) IN GENERAL.—The Financial Clerk of the

16 Senate is authorized to accept from an individual

17 whose pay is disbursed by the Secretary of Senate a

18 payment representing pay for any period of

19 unaccrued annual leave used by that individual, as

20 certified by the head of the employing office of the in21 dividual making the payment.

22 (b) WITHHOLDING.—The Financial Clerk of the

23 Senate is authorized to withhold the amount referred

24 to in subsection (a) from any amount which is dis25 bursed by the Secretary of the Senate and which is
11

HR 3754 EAS

1 due to or on behalf of the individual described in sub2 section (a).

3 (c) DEPOSIT.—Any payment accepted under this

4 section shall be deposited in the general fund of the

5 Treasury as miscellaneous receipts.

6 (d) DEFINITION.—As used in this section, the

7 term ‘‘head of the employing office’’ means any per8 son with the final authority to appoint, hire, dis9 charge, and set the terms, conditions, or privileges of

10 the employment of an individual whose pay is dis11 bursed by the Secretary of the Senate.

12 (e) APPLICABILITY.—This section shall apply to

13 fiscal year 1996 and each fiscal year thereafter.

14 Ω2æPage 7, strike out lines 10 through 18 and insert:

15 For construction of platform and seating stands and

16 for salaries and expenses of conducting the inaugural cere17 monies of the President and Vice President of the United

18 States, January 20, 1997, in accordance with such program

19 as may be adopted by the joint committee authorized by

20 Senate Concurrent Resolution 47, One Hundred Fourth

21 Congress, agreed to March 20, 1996, and Senate Concurrent

22 Resolution 48, One Hundred Fourth Congress, agreed to

23 March 20, 1996, $950,000 to be disbursed by the Secretary

24 of the Senate and to remain available until September 30,

25 1997. Such funds shall be available for payment, on a direct
12

HR 3754 EAS

1 or reimbursable basis, whether incurred on, before, or after,

2 October 1, 1996: Provided, That the compensation of any

3 employee of the Committee on Rules and Administration

4 of the Senate who has been designated to perform service

5 for the Joint Congressional Committee on Inaugural Cere6 monies shall continue to be paid by the Committee on Rules

7 and Administration, but the account from which such staff

8 member is paid may be reimbursed for the services of the

9 staff member (including agency contributions when appro10 priate) out of funds made available under this heading.

11 Ω3æPage 7, line 21, strike out ø$3,000,000¿ and insert:

12 $750,000

13 Ω4æPage 9, line 12, strike out ø$68,392,000¿ and insert:

14 $70,132,000

15 Ω5æPage 9, line 12, strike out ø$32,927,000¿ and insert:

16 $34,213,000

17 Ω6æPage 9, line 15, strike out ø$35,465,000¿ and insert:

18 $35,919,000

19 Ω7æPage 10, line 15, strike out ø$2,685,000¿ and insert:

20 $2,880,000

21 Ω8æPage 12, line 25, strike out ø$24,288,000¿ and insert:

22 $24,775,000
13

HR 3754 EAS

1 Ω9æPage 15, line 3, strike out ø$23,255,000¿ and insert:

2 $23,555,000

3 Ω10æPage 15, after line 9, insert:

4 SENATE OFFICE BUILDINGS

5 For all necessary expenses for maintenance, care and

6 operation of Senate Office Buildings; and furniture and

7 furnishings to be expended under the control and super8 vision of the Architect of the Capitol, $39,640,000, of which

9 $3,200,000 shall remain available until expended.

10 Ω11æPage 18, line 24, strike out ø$215,007,000¿ and in11 sert: $216,007,000

12 Ω12æPage 19, line 17, after ‘‘collections’’ insert: : Pro13 vided further, That of the total amount appropriated,

14 $928,800 shall be for the operation and maintenance of the

15 American Folklife Center in the Library

16 Ω13æPage 23, strike out all after line 22 over to and in17 cluding line 10 on page 24

18 Ω14æPage 26, after line 15, insert:

19 SEC. 210. Section 8 of the American Folklife Preserva20 tion Act (20 U.S.C. 2107) is amended to read as follows:
14

HR 3754 EAS

1 ‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There are authorized to be appropriated to the Center

3 to carry out this Act such sums as may be necessary for

4 each of the fiscal years 1997 and 1998.’’.

5 Ω15æPage 26, line 21, strike out ø$9,003,000¿ and insert:

6 $10,453,000

7 Ω16æPage 26, line 21, strike out ø$560,000¿ and insert:

8 $1,910,000

9 Ω17æPage 38, strike out after line 21 over to and includ10 ing line 14 on page 40

11 Ω18æPage 40, after line 14 insert:

12 SEC. 312. (a) Section 203(a)(3) of Public Law 104–

13 1 (2 U.S.C. 1313(a)(3)) is amended by inserting ‘‘and in

14 subsection (c)(4)’’ after ‘‘(c)(3)’’.

15 (b) Section 203(c) of Public Law 104–1 (2 U.S.C.

16 1313(c)) is amended by adding at the end the following

17 paragraph:

18 ‘‘(4) LAW ENFORCEMENT.—Law enforcement

19 personnel of the Capitol Police who are subject to the

20 exemption under section 7(k) of the Fair Labor

21 Standards Act of 1938 (29 U.S.C. 207(k)) may elect

22 to receive compensatory time off in lieu of overtime

23 compensation for hours worked in excess of the maxi24 mum for their work period.’’.
15

HR 3754 EAS

1 Ω19æPage 40, after line 14 insert:

2 SEC. 313. Section 316 of Public Law 101–302 is

3 amended in the first sentence of subsection (a) by striking

4 ‘‘1996’’ and inserting ‘‘1997’’.

5 Ω20æPage 40, after line 14 insert:

6 SEC. 314. The Government Printing Office shall be

7 considered an agency for the purposes of the election in sec8 tion 801(b)(2)(B) of the National Energy Conservation Pol9 icy Act and the Public Printer shall be considered the head

10 of the agency for purposes of subsection (b)(2)(C) of such

11 section.

12 Ω21æPage 40, after line 14 insert:

13 SEC. 315. (a) Upon enactment into law of this Act,

14 the Library of Congress, under the direction of the Commit15 tee on House Oversight of the House of Representatives and

16 the Committee on Rules and Administration of the Senate,

17 and in consultation with the heads of the appropriate offices

18 and agencies of the legislative branch, shall develop a pro19 gram for providing the widest possible exchange of informa20 tion among legislative branch agencies with the long range

21 goal of improving technology planning, evaluation, develop22 ment, and management among legislative branch organiza23 tions. The plan for this program shall be subject to joint

24 approval of the Committee on House Oversight of the House

25 of Representatives and the Committee on Rules and Admin-
16

HR 3754 EAS

1 istration of the Senate, and, upon approval, shall be com2 municated to the Committee on Appropriations of the

3 House of Representatives and the Committee on Appropria4 tions of the Senate. All of the appropriate offices and agen5 cies of the legislative branch as defined below shall partici6 pate in this program for information exchange, and shall

7 report annually on the extent and nature of their participa8 tion in their budget submissions to the Committee on Ap9 propriations of the House of Representatives and the Com10 mittee on Appropriations of the Senate.

11 (b) As used in this section—

12 (1) the term ‘‘offices and agencies of the legisla13 tive branch’’ means, the office of the Clerk of the

14 House, the office of the Secretary of the Senate, the of15 fice of the Architect of the Capitol, the General Ac16 counting Office, the Government Printing Office, the

17 Library of Congress, the Congressional Research Serv18 ice, the Congressional Budget Office, the Chief Admin19 istrative Officer of the House of Representatives, and

20 the Sergeant at Arms of the Senate; and

21 (2) the term ‘‘technology’’ refers to any form of

22 computer hardware and software; computer-based sys23 tems, services, and support for the creation, process24 ing, exchange, and delivery of information; and tele25 communications systems, and the associated hardware
17

HR 3754 EAS

1 and software, that provide for voice, data, or image

2 communication.

3 Ω22æPage 40, after line 14 insert:

4 PROHIBITIONS AGAINST POLITICAL RECOMMENDATIONS

5 RELATING TO FEDERAL EMPLOYMENT

6 SEC. 316. (a) IN GENERAL.—Section 3303 of title 5,

7 United States Code, is amended to read as follows:

8 ‘‘§ 3303. Competitive service; recommendations of Sen9 ators or Representatives

10 ‘‘An individual concerned in examining an applicant

11 for or appointing him in the competitive service may not

12 receive or consider a recommendation of the applicant by

13 a Senator or Representative, except as to the character or

14 residence of the applicant.’’.

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.—(1)

16 The table of sections for chapter 33 of title 5, United States

17 Code, is amended by amending the item relating to section

18 3303 to read as follows:

‘‘3303. Competitive service; recommendations of Senators or Representatives.’’.

19 (2) Section 2302(b)(2) of title 5, United States Code,

20 is amended to read as follows:

21 ‘‘(2) solicit or consider any recommendation or

22 statement, oral or written, with respect to any indi23 vidual who requests or is under consideration for any

24 personnel action unless such recommendation or state-
18

HR 3754 EAS

1 ment is based on the personal knowledge or records of

2 the person furnishing it and consists of—

3 ‘‘(A) an evaluation of the work performance,

4 ability, aptitude, or general qualifications of

5 such individual; or

6 ‘‘(B) an evaluation of the character, loyalty,

7 or suitability of such individual;’’.

8 (c) EFFECTIVE DATE.—This section shall take effect

9 30 days after the date of the enactment of this Act.

10 Ω23æPage 40, after line 14 insert:

11 SEC. 317. (a) The Congressional Research Service, in

12 consultation with the Secretary of the Senate and the heads

13 of the appropriate offices and agencies of the legislative

14 branch and with the approval of the Committee on Rules

15 and Administration of the Senate, shall coordinate the de16 velopment of an electronic congressional legislative informa17 tion and document retrieval system to provide for the legis18 lative information needs of the Senate through the exchange

19 and retrieval of information and documents among legisla20 tive branch offices and agencies. The Secretary of the Sen21 ate, with the oversight and approval of the Committee on

22 Rules and Administration of the Senate, shall have respon23 sibility for the implementation of this system in the Senate.

24 All of the appropriate offices and agencies of the legislative
19

HR 3754 EAS

1 branch shall participate in the implementation of the sys2 tem.

3 (b) As used in this section—

4 (1) the term ‘‘legislative information’’ refers to

5 that information and those documents produced for

6 the use of the Congress by the offices and agencies of

7 the legislative branch as defined in this section, and

8 such other information and documents as approved

9 by the Committee on Rules and Administration of the

10 Senate;

11 (2) the term ‘‘offices and agencies of the legisla12 tive branch’’ means the Office of the Secretary of the

13 Senate, the Office of Legislative Counsel of the Senate,

14 the Office of the Architect of the Capitol, the General

15 Accounting Office, the Government Printing Office,

16 the Library of Congress, the Congressional Budget Of17 fice, and the Sergeant at Arms of the Senate; and

18 (3) the term ‘‘retrieval system’’ means the index19 ing of documents and data, as well as integrating,

20 searching, linking, and displaying documents and

21 data.

22 (c) The Library of Congress shall—

23 (1) assist the Congressional Research Service in

24 supporting the Senate in carrying out this section;

25 and
20

HR 3754 EAS

1 (2) provide such technical staff and resources as

2 may be necessary to carry out this section.

3 Ω24æPage 40, after line 14 insert:

4 SEC. 318. (a) Section 207(e)(1)(A) of title 18, United

5 States Code, is amended by striking ‘‘1 year’’ and inserting

6 ‘‘2 years’’.

7 (b) Paragraphs (2)(A), (3), and (4)(A) of section

8 207(e) of title 18, United States Code, are amended by strik9 ing ‘‘within 1 year after’’ and inserting ‘‘within 5 years

10 after’’.

11 Ω25æPage 40, after line 14 insert:

12 SEC. 319. LIMITATION ON EXCLUSIVE COPYRIGHTS FOR

13 LITERARY WORKS IN SPECIALIZED FORMAT

14 FOR THE BLIND AND DISABLED.

15 (a) IN GENERAL.—Chapter 1 of title 17, United States

16 Code, is amended by adding after section 120 the following

17 new section:

18 ‘‘§ 121. Limitations on exclusive rights: reproduction

19 for blind or other people with disabilities

20 ‘‘(a) Notwithstanding the provisions of sections 106

21 and 710, it is not an infringement of copyright for an au22 thorized entity to reproduce or to distribute copies or

23 phonorecords of a previously published, nondramatic lit24 erary work if such copies or phonorecords are reproduced
21

HR 3754 EAS

1 or distributed in specialized formats exclusively for use by

2 blind or other persons with disabilities.

3 ‘‘(b)(1) Copies or phonorecords to which this section

4 applies shall—

5 ‘‘(A) not be reproduced or distributed in a for6 mat other than a specialized format exclusively for

7 use by blind or other persons with disabilities;

8 ‘‘(B) bear a notice that any further reproduction

9 or distribution in a format other than a specialized

10 format is an infringement; and

11 ‘‘(C) include a copyright notice identifying the

12 copyright owner and the date of the original publica13 tion.

14 ‘‘(2) The provisions of this subsection shall not apply

15 to standardized, secure, or norm-referenced tests and related

16 testing material, or to computer programs, except the por17 tions thereof that are in conventional human language (in18 cluding descriptions of pictorial works) and displayed to

19 users in the ordinary course of using the computer pro20 grams.

21 ‘‘(c) For purposes of this section, the term—

22 ‘‘(1) ‘authorized entity’ means a nonprofit orga23 nization or a governmental agency that has a pri24 mary mission to provide specialized services relating

25 to training, education, or adaptive reading or infor-
22

HR 3754 EAS

1 mation access needs of blind or other persons with

2 disabilities;

3 ‘‘(2) ‘blind or other persons with disabilities’

4 means individuals who are eligible or who may qual5 ify in accordance with the Act entitled ‘‘An Act to

6 provide books for the adult blind’’, approved March 3,

7 1931 (2 U.S.C. 135a; 46 Stat. 1487) to receive books

8 and other publications produced in specialized for9 mats; and

10 ‘‘(3) ‘specialized formats’ means braille, audio,

11 or digital text which is exclusively for use by blind

12 or other persons with disabilities.’’.

13 (b) TECHNICAL AND CONFORMING AMENDMENT.—The

14 table of sections for chapter 1 of title 17, United States

15 Code, is amended by adding after the item relating to sec16 tion 120 the following:

‘‘121. Limitations on exclusive rights: reproduction for blind or other people with

disabilities.’’.

Attest:

Secretary.
104TH CONGRESS

1ST SESSION H. R. 3754

AMENDMENTS
HR 3754 EAS——5

HR 3754 EAS——4HR 3754 EAS——3HR 3754 EAS——2