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 pres-
ervation 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 rec-
ommendations for changes in such laws and restric-
tions to enable the Library of Congress and other
nonprofit institutions in the field of sound recording
preservation to make their collections available to re-
searchers 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 mem-
bers 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 accord-
ance 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 Re-
cording Preservation Board.
(3) The term ‘‘sound recording’’ has the mean-
ing 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 record-
ing first published or offered for mass distribution
whether as a publication or a broadcast, or as com-
plete a version as bona fide preservation and res-
toration 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is unpublished.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 appro-
priate 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 Li-
brarian 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 
RECORD-
ING PRESERVATION FOUNDA-
TION
SEC. 201. NATIONAL RECORDING PRESERVATION FOUNDA-
TION.
(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 ‘‘corpora-
tion’’) is a federally chartered corporation.
‘‘(b) NATURE OF CORPORATION.—The corporation is
a charitable and nonprofit corporation and is not an agen-
cy or establishment of the United States Government.
‘‘(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 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 Con-
gress 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 gov-
erning body of the corporation.
‘‘(b) MEMBERS AND APPOINTMENT.—(1) The Li-
brarian of Congress (hereafter in this chapter referred to
as the ‘‘Librarian’’) is an ex officio nonvoting member of
the board. Not later than 90 days after the date of the
enactment of this chapter, the Librarian shall appoint the
directors to the board in accordance with paragraph (2).
‘‘(2)(A) The board consists of nine directors.
‘‘(B) Each director shall be a United States citizen.
‘‘(C) At least six directors shall be knowledgeable or
experienced sound in recording production, distribution,
preservation, or restoration, including two who are sitting
members of the National Recording Preservation Board.
These six directors shall, to the extent practicable, rep-
resent 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 con-
stitute 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 by-
laws 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 ac-
cordance with sections 5702 and 5703 of title 5.
‘‘(g) LIABILITY OF DIRECTORS.—Directors are not
personally liable, except for gross negligence.
‘‘§ 152404. Officers and employees
‘‘(a) SECRETARY OF THE BOARD.—(1) The Librar-
ian shall appoint a Secretary of the Board to serve as exec-
utive director of the corporation. The Librarian may re-
move the Secretary.
‘‘(2) The Secretary shall be knowledgeable and expe-
rienced in matters relating to—
‘‘(A) sound recording preservation and restora-
tion activities;
‘‘(B) financial management; and
‘‘(C) fundraising.
‘‘(b) APPOINTMENT OF OFFICERS.—Except as pro-
vided in subsection (a) of this section, the board of direc-
tors appoints, removes, and replaces officers of the cor-
poration.
‘‘(c) APPOINTMENT OF EMPLOYEES.—Except as pro-
vided in subsection (a) of this section, the Secretary ap-
points, removes, and replaces employees of the corpora-
tion.
‘‘(d) STATUS AND COMPENSATION OF EMPLOYEES.—
Employees of the corporation (including the Secretary)—
‘‘(1) are not employees of the Library of Con-
gress;
‘‘(2) shall be appointed and removed without re-
gard to the provisions of title 5 governing appoint-
ments 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 an-
nual 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 no-
ticed; and
‘‘(3) do any other act necessary to carry out
this chapter.
‘‘(b) POWERS AS TRUSTEE.—To carry out its pur-
poses, the corporation has the usual powers of a corpora-
tion acting as a trustee in the District of Columbia, includ-
ing 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 prop-
erty 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 inter-
est is for the benefit of the corporation.
‘‘§ 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 Li-
brarian 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 sub-
section. 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 regula-
tions, the services of the corporation and its directors, offi-
cers, and employees as volunteers in performing functions
authorized under this chapter, without compensation from
the Library of Congress.
‘‘§ 152408. Service of process
‘‘The corporation shall have a designated agent to re-
ceive 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 equi-
table relief
‘‘The Attorney General may bring a civil action in
the United States District Court for the District of Colum-
bia for appropriate equitable relief if the corporation—
‘‘(1) engages or threatens to engage in any act,
practice, or policy that is inconsistent with the pur-
poses 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 fis-
cal 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 EX-
PENSES.—Except as permitted under section 152407,
amounts authorized under this section may not be used
by the corporation for administrative expenses of the cor-
poration, including salaries, travel, transportation, and
overhead expenses.
‘‘§ 152412. Annual report
‘‘As soon as practicable after the end of each fiscal
year, the corporation shall submit a report to the Librar-
ian for transmission to Congress on the activities of the
corporation during the prior fiscal year, including a com-
plete statement of its receipts, expenditures, and invest-
ments.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
for part B of subtitle II of title 36, United States Code,
is amended by inserting after the item relating to chapter
1523 the following new item:
‘‘1524. National Recording Preservation Foundation .........152401’’.
Passed the House of Representatives July 25, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 781
106TH CONGRESS
2D SESSION
H. R. 4846
AN ACT
To establish the National Recording Registry in the
Library of Congress to maintain and preserve
sound recordings that are culturally, historically,
or aesthetically significant, and for other pur-
poses.
SEPTEMBER 5, 2000
Read the second time and placed on the calendar