H. R. 4846—2
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 author-
ized 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 Con-
gress.
(4) Anyone authorized to place the seal on any recording
copy of any Registry version of a sound recording may accom-
pany 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 signifi-
cance.’’.
(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 per-
son 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.—
H. R. 4846—3
(A) REMOVAL OF SEAL.—Except as provided in subpara-
graph (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 sub-
section (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 sub-
title 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 estab-
lished under subsection (a) shall—
H. R. 4846—4
(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 prac-
tices; 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 agree-
ments 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 Pub-
lishers (ASCAP).
(E) Broadcast Music, Inc. (BMI).
H. R. 4846—5
(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
H. R. 4846—6
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 Con-
servation 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.
H. R. 4846—7
(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 car-
rying 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.
‘‘§ 152401. Organization
‘‘(a) FEDERAL CHARTER.—The National Recording Preservation
Foundation (in this chapter, the ‘corporation’) is a federally char-
tered 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.
H. R. 4846—8
‘‘(c) PERPETUAL EXISTENCE.—Except as otherwise provided, the
corporation has perpetual existence.
‘‘§ 152402. Purposes
‘‘The purposes of the corporation are to—
‘‘(1) encourage, accept, and administer private gifts to pro-
mote 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.
‘‘§ 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 Con-
gress (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 para-
graph (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 restora-
tion, 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 indi-
vidual 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 corpora-
tion.
‘‘(e) MEETINGS.—The board shall meet at the call of the
Librarian for regularly scheduled meetings.
‘‘(f ) REIMBURSEMENT OF EXPENSES.—Directors shall serve with-
out 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.
H. R. 4846—9
‘‘§ 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 sub-
section (a) of this section, the board of directors appoints, removes,
and replaces officers of the corporation.
‘‘(c) APPOINTMENT OF EMPLOYEES.—Except as provided in sub-
section (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 competi-
tive service; and
‘‘(3) may be paid without regard to chapter 51 and sub-
chapter 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.
‘‘§ 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 cor-
poration 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 pur-
chase or exchange;
‘‘(3) unless otherwise required by an instrument of transfer,
to sell, donate, lease, invest, or otherwise dispose of any prop-
erty or income from property;
‘‘(4) to borrow money and issue instruments of indebted-
ness;
‘‘(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.
H. R. 4846—10
‘‘§ 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.
‘‘§ 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 cor-
poration. 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 per-
forming functions authorized under this chapter, without compensa-
tion from the Library of Congress.
‘‘§ 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.
‘‘§ 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.
‘‘§ 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.
‘‘§ 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