I
106TH CONGRESS
2D SESSION
H. R. 4846
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 HOUSE OF REPRESENTATIVES
JULY 13, 2000
Mr. THOMAS (for himself, Mr. HOYER, Mr. BOEHNER, Mr. EHLERS, Mr.
EWING, Mr. FATTAH, Mr. DAVIS of Florida, Mr. BRYANT, Mr. JENKINS,
Mr. WAMP, Mr. TANNER, Mr. SERRANO, Mr. NEY, Mr. BONIOR, and Ms.
MCCARTHY of Missouri) introduced the following bill; which was referred
to the Committee on House Administration, and in addition to the Com-
mittee on the Judiciary, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Recording
Preservation Act of 2000’’.
TITLE I—RECORDING PRESER-
VATION BY THE LIBRARY OF
CONGRESS
Subtitle A—National Recording
Registry
SEC. 101. NATIONAL RECORDING REGISTRY OF THE LI-
BRARY OF CONGRESS.
The Librarian of Congress shall establish the Na-
tional Recording Registry for the purpose of maintaining
and preserving recordings that are culturally, historically,
or aesthetically significant.
SEC. 102. DUTIES OF LIBRARIAN OF CONGRESS.
(a) ESTABLISHMENT
OF CRITERIA
AND PROCE-
DURES.—For purposes of carrying out this subtitle, the
Librarian shall—
(1) establish criteria and procedures under
which recordings may be included in the National
Recording Registry, except that no recording shall
be eligible for inclusion in the National Recording
Registry until 10 years after the recording’s cre-
ation;
(2) establish procedures under which the gen-
eral public may make recommendations to the Na-
tional Recording Preservation Board established
under subtitle C regarding the inclusion of record-
ings in the National Recording Registry; and
(3) determine which recordings satisfy the cri-
teria established under paragraph (1) and select
such recordings for inclusion in the National Record-
ing Registry.
(b) PUBLICATION
OF RECORDINGS
IN
THE REG-
ISTRY.—The Librarian shall publish in the Federal Reg-
ister the name of each recording that is selected for inclu-
sion 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 recording has been included in the Na-
tional 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 recording.
(2) The seal may be used only after the Librar-
ian has given approval to those persons seeking to
apply the seal in accordance with the guidelines.
(3) In the case of copyrighted mass distributed,
broadcast, or published works, only the copyright
legal owner or an authorized licensee of that copy-
right owner may place or authorize the placement of
the seal on any recording copy of the Registry
version of any recording that is maintained in the
National Recording Registry Collection in the Li-
brary of Congress.
(4) Anyone authorized to place the seal on any
recording copy of any Registry version of a record-
ing may accompany such seal with the following lan-
guage: ‘‘This recording is selected for inclusion in
the National Recording Registry by the Librarian of
Congress in consultation with the National Record-
ing 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 re-
cording shall be effective beginning on the date the Librar-
ian 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) IN GENERAL.—The Librarian shall seek to
obtain, by gift from the owner, a quality copy of the
Registry version of each 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 re-
cording 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 recordings included in the Reg-
istry for purposes of carrying out this Act.
(c) PROPERTY OF UNITED STATES.—All copies of re-
cordings on the National Recording Registry that are re-
ceived 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 Recording
Preservation Program
SEC. 111. ESTABLISHMENT OF PROGRAM BY LIBRARIAN OF
CONGRESS.
(a) IN GENERAL.—The Librarian shall, after con-
sultation with the National Recording Preservation Board
established under subtitle C, implement a comprehensive
national recording preservation program, in conjunction
with other recording archivists, educators and historians,
copyright owners, recording industry representatives, and
others involved in activities related to recording preserva-
tion, and taking into account studies conducted by the
Board.
(b) CONTENTS OF PROGRAM SPECIFIED.—The pro-
gram established under subsection (a) shall—
(1) coordinate activities to assure that efforts of
archivists and copyright owners, and others in the
public and private sector, are effective and com-
plementary;
(2) generate public awareness of and support
for these activities;
(3) increase accessibility of recordings for edu-
cational purposes;
(4) undertake studies and investigations of re-
cording preservation activities as needed, including
the efficacy of new technologies, and recommend so-
lutions to improve these practices; and
(5) utilize the audiovisual conservation center of
the Library of Congress at Culpeper, Virginia, to en-
sure that preserved sound recordings are stored in
a proper manner and disseminated to researchers,
scholars, and the public as may be appropriate in ac-
cordance with title 17, United States Code, and the
terms of any agreements with persons who hold
copyrights to such recordings.
SEC. 112. PROMOTING ACCESSIBILITY AND PUBLIC AWARE-
NESS OF RECORDINGS.
The Librarian shall carry out activities to make
sound recordings more broadly accessible for research and
educational purposes and to generate public awareness
and support of the National Recording Registry and the
comprehensive national recording preservation program
established under this subtitle.
Subtitle C—National Recording
Preservation Board
SEC. 121. ESTABLISHMENT.
The Librarian shall establish in the Library of Con-
gress a National Recording Preservation Board whose
members shall be selected in accordance with the proce-
dures described in section 122.
SEC. 122. APPOINTMENT OF MEMBERS.
(a) SELECTIONS FROM LISTS SUBMITTED BY ORGA-
NIZATIONS.—
(1) IN GENERAL.—The Librarian shall request
each organization described in paragraph (2) to sub-
mit a list of 3 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 ap-
pointed to the Board cannot attend.
(2) ORGANIZATIONS DESCRIBED.—The organi-
zations 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 Collec-
tions (ARSC).
(D) American Society of Composers, Au-
thors and Publishers (ASCAP).
(E) Broadcast Music, Inc. (BMI).
(F) Songwriters Association (SESAC).
(G) American Federation of Musicians
(AF of M).
(H) Music Library Association.
(I) American Musicological Society.
(J) National Archives and Record Admin-
istration.
(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 5 members-at-large. The Librarian shall
select an alternate for each member-at-large, who may at-
tend 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
ORGANIZA-
TION.—The Librarian shall have the authority to re-
move any member of the Board (or, in the case of
a member appointed under subsection (a)(1), the or-
ganization that such member represents) if the
member or organization over any consecutive 2-year
period fails to attend at least one regularly sched-
uled Board meeting.
(3) VACANCIES.—A vacancy in the Board shall
be filled in the manner in which the original appoint-
ment was made under subsection (a), except that the
Librarian may fill the vacancy from a list of can-
didates 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 ac-
cordance 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 Li-
brarian.
(d) QUORUM.—11 members of the Board shall con-
stitute a quorum for the transaction of business.
SEC. 124. RESPONSIBILITIES OF BOARD.
(a) REVIEW AND RECOMMENDATION OF NOMINA-
TIONS FOR NATIONAL RECORDING REGISTRY.—
(1) IN
GENERAL.—The Board shall review
nominations of recordings submitted to it for inclu-
sion in the National Recording Registry and advise
the Librarian, as provided in subtitle A, with respect
to the inclusion of such recordings in the Registry
and the preservation of these and other recordings
that are culturally, historically, or aesthetically sig-
nificant.
(2) SOURCE
OF
NOMINATIONS.—The Board
shall consider for inclusion in the National Record-
ing Registry nominations submitted by the general
public as well as representatives of recording ar-
chives and the recording industry (such as the guilds
and societies representing recording artists) and
other creative artists.
(b) STUDY AND REPORT ON RECORDING PRESERVA-
TION AND RESTORATION.—The Board shall conduct a
study and issue a report on the following issues:
(1) The current state of sound recording
archiving, preservation and restoration activities.
(2) Taking into account the research and other
activities carried out by or on behalf of the National
Audio-Visual Conservation Center at Culpeper,
Virginia—
(A) the methodology and standards needed
to make the transition from analog ‘‘open reel’’
preservation of recordings to digital preserva-
tion of recordings; and
(B) standards for access to preserved re-
cordings by researchers, educators, and other
interested parties.
(3) The establishment of clear standards for
copying old recordings (including equipment speci-
fications 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 recording, the version of a recording
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 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 1999.
‘‘§ 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 9 directors.
‘‘(B) Each director shall be a United States citizen.
‘‘(C) At least 6 directors shall be knowledgeable or
experienced in recording production, distribution, preser-
vation, or restoration, including 2 who are sitting members
of the National Recording Preservation Board. These 6
directors shall, to the extent practicable, represent diverse
points of view from the 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) recording preservation and restoration ac-
tivities;
‘‘(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’’.
Æ