[Federal Register: July 1, 2004 (Volume 69, Number 126)]
[Rules and Regulations]
[Page 39837-39844]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy04-9]
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LIBRARY OF CONGRESS
36 CFR Parts 701, 702, 704, and 705
[Docket No. LOC 04-1]
Reproduction, Compilation and Distribution of News Transmissions;
Miscellaneous Amendments
AGENCY: Library of Congress.
ACTION: Final rule.
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SUMMARY: Since neither the Federal Register Act nor the Administrative
[[Page 39838]]
Procedures Act has binding effect on legislative branch, the Library of
Congress is not required to publish its regulations in the CFR.
However, because the purpose of the CFR is to ``notify industry,
general business, and the people'' (P. & W.R.R. v. Stover, 60 F. Supp.
587 (S.D. Ill. 1945)), it is appropriate for the Library to continue
publishing those regulations which affect the rights and
responsibilities of, and are restrictions on, the public. In addition
to removing several regulations and therefore renumbering rules in
chapter VII, the Library has issued a final regulation, which was
authorized by the American Television and Radio Archives Act, to
prescribe standards and conditions under which the Librarian may
reproduce, compile, and distribute transmission programs which consist
of a regularly scheduled newscast or on-the-spot coverage of news
events. This new regulation is added as part 705.
EFFECTIVE DATE: July 1, 2004.
FOR FURTHER INFORMATION CONTACT: Elizabeth A. Pugh, General Counsel,
Office of the General Counsel, Library of Congress, Washington, DC
20540-1050. Telephone No. (202) 707-6316. For information on part 705,
contact Emily Vartanian, Assistant General Counsel. Telephone No. (202)
707-7205.
SUPPLEMENTARY INFORMATION: The Regulation added as part 705 implements
certain provisions of the American Television and Radio Archives Act, 2
U.S.C. 170, which was enacted in 1976. Section 170(b) of title 2
authorizes the Librarian to prescribe regulations to reproduce,
compile, and distribute television and radio transmission programs of
regularly scheduled newscasts or on-the-spot coverage of news events.
The Regulation provides definitions of relevant terms, describes the
authority and procedures for Library of Congress staff to make
reproductions of such newscasts and on-the-spot coverage of news
events, and outlines procedures for the disposition and use of such
copies by the Library of Congress. In addition, the Regulation
authorizes Library of Congress staff to make compilations of
recordings, provided that they are not edited, and also authorizes the
Library to reproduce these compilations for preservation, security or
distribution purposes under specified conditions. The Regulation
further provides that Library of Congress staff may distribute such
reproductions by loan to a researcher under certain circumstances and
by deposit in a library or archive meeting the requirements of 17
U.S.C. 108(a). At the same time, the Regulation requires Library staff
to advise recipients of such reproductions that they may be used for
research only and not for reproduction or performance.
List of Subjects in 36 CFR Parts 701, 702, 704 and 705
Archives and records, Libraries, Motion pictures.
Final Regulation
0
In consideration of the foregoing the Library of Congress amends 36 CFR
chapter VII as follows:
PART 701--PROCEDURES AND SERVICES
0
1. Revise part 701 to read as follows:
Sec.
701.1 Information about the Library.
701.2 Acquisition of Library material by non-purchase means.
701.3 Disposition of Surplus Library Materials.
701.4 Contracting Officers.
701.5 Policy on authorized use of the Library name, seal, or logo.
Authority: 2 U.S.C. 136; 18 U.S.C. 1017.
Sec. 701.1 Information about the Library.
(a) Information about the Library. It is the Library's policy to
furnish freely information about the Library to the media. All requests
from the media, for other than generally published information and
Library records, should be referred to the Public Affairs Office. For
information about access to, service of, and employment with the
Library of Congress, go to http://www.loc.gov.
(b) Public Affairs Office. The Public Affairs Office shall have the
principal responsibility for responding to requests for information
about the Library from representatives of the media; giving advice to
Library officers and staff members on public-relations and public-
information matters; keeping the Librarian and other officers informed
of important developments in this field; and promoting the resources
and activities of the Library.
(1) During regular office hours (8:30 a.m. to 5 p.m.) telephone
operators shall refer requests for information, from the media only,
about the Library to the Public Affairs Office. All other requests for
information shall be referred to the National Reference Service or
other appropriate offices of the Library.
(2) All other Library offices and staff members who receive
inquiries directly from representatives of the media for information
about the Library, other than generally published information, shall
refer such inquiries to the Public Affairs Office.
(3) The Public Affairs Office shall respond directly to inquiries
concerning the Library, calling upon other offices to supply
information to it as necessary, or shall arrange for other offices or
staff members, as appropriate, to supply such information directly and
report back to Public Affairs after the contact has been made. Requests
for Library of Congress records, however, shall be made in accordance
with 36 CFR part 703.
(4) When the Public Affairs Office is closed (evenings, Saturdays,
Sundays, and holidays), requests from the media for information about
the Library shall be referred to the Public Affairs Officer at his/her
home. In the event that person is not available, inquiries shall be
referred to the Acting Public Affairs Officer, or, in turn, a
designated public affairs specialist.
(c) Other Library Units and Staff Members. All Other Library Units
and Staff Members shall be responsible for keeping the Public Affairs
Office fully and promptly informed of contacts with the press, except
in those instances of routine reference inquiries; supplying the Public
Affairs Office with any data it requires in order to respond to
inquiries from representatives of the media; and reporting promptly to
the Public Affairs Office substantive contacts with media
representatives about the Library and its policies or activities.
Sec. 701.2 Acquisition of Library material by non-purchase means.
(a) Gifts. It is the policy of the Library of Congress to foster
the enrichment of its collections through gifts of materials within the
terms of the Library's acquisitions policies. In implementing this
policy, division chiefs and other authorized officers of the Library
may undertake, as representatives of the Library, preliminary
negotiations for gifts to the Library. However, responsibility for
formal acceptance of gifts of material and for approval of conditions
of such gifts rests with The Librarian of Congress or his designee. The
Chief, African/Asian Acquisitions and Overseas Operations Division,
Chief, Anglo-American Acquisitions Division, and Chief, European and
Latin American Acquisitions Division are responsible for routine gifts
in the geographic areas covered by their divisions.
(b) Deposits. (1) The Anglo-American Acquisitions Division is the
only division in the Library authorized to make technical arrangements,
formally negotiate for the transportation of materials and conditions
of use at the Library, and prepare written Agreements of Deposit to
formalize these negotiations. The term ``deposit'' is used to mean
materials which are placed in the custody of the Library for
[[Page 39839]]
general use on its premises, but which remain the property of their
owners during the time of deposit and until such time as title in them
may pass to the Library of Congress. A deposit becomes the permanent
property of the Library when title to it is conveyed by gift or
bequest. A deposit may be withdrawn by the owner rather than conveyed
to the Library. A deposit shall be accompanied by a signed Agreement of
Deposit.
(2) It is the policy of the Library of Congress to accept certain
individual items or special collections as deposits when: permanent
acquisition of such materials cannot be effected immediately; the
depositors give reasonable assurance of their intention to donate the
materials deposited to the United States of America for the benefit of
the Library of Congress; the Library of Congress determines that such
ultimate transfer of title will enrich its collections; and the
depositors agree that the materials so deposited may be available for
unrestricted use or use in the Library under reasonable restrictions.
(c) Conditional Gifts of Material to the Library. In cases where
donors wish to attach conditions of use, negotiating officers cannot
commit the Library to acceptance of such conditions. The Librarian of
Congress or designee will consult the appropriate division and service
unit officers and the General Counsel to ascertain whether the
conditions are generally acceptable.
Sec. 701.3 Methods of disposition of surplus and/or duplicate
materials.
(a) Exchange. All libraries may make selections on an exchange
basis from the materials available in the ``Exchange/Transfer''
category. The policy governing these selections is that exchange be
made only when materials of approximately equal value are expected to
be furnished in return within a reasonable period. Dealers also may
negotiate exchanges of this type for items selected from available
exchange materials, but surplus copyright deposit copies of works
published after 1977 shall not knowingly be exchanged with dealers.
Offers of exchange submitted by libraries shall be submitted to the
Chief of the African/Asian Acquisitions and Overseas Operations
Division, Anglo-American Acquisitions Division, or European/Latin
American Acquisitions Division, or their designees, as appropriate, who
shall establish the value of the material concerned. Offers from
dealers shall be referred to the Chief of the Anglo-American
Acquisitions Division. Exchange offers involving materials valued at
$1,000 or more must be approved by the Acquisitions Division Chief;
offers of $10,000 or more must be approved by the Director for
Acquisitions and Support Services; and offers of $50,000 or more must
be approved by the Associate Librarian for Library Services. The
Library also explicitly reserves the right to suspend, for any period
of time it deems appropriate, the selection privileges of any book
dealer who fails to comply fully with any rules prescribed for the
disposal of library materials under this section or any other pertinent
regulations or statutes.
(b) Transfer of materials to Government Agencies. Library materials
no longer needed by the Library of Congress, including the exchange use
mentioned above, shall be available for transfer to Federal agency
libraries or to the District of Columbia Public Library, upon the
request of appropriate officers of such entities, and may be selected
from both the ``Exchange/Transfer'' and ``Donation'' categories.
Existing arrangements for the transfer of materials, such as the
automatic transfer of certain classes of books, etc., to specified
Government libraries, shall be continued unless modified by the
Library.
(c) Donations of Library materials to educational institutions,
public bodies, and nonprofit tax-exempt organizations in the United
States. It is the Library's policy, in keeping with the Federal
Property and Administrative Services Act of 1949, 40 U.S.C. 471 et
seq., which does not cover the Library of Congress, to use materials no
longer needed for any of the purposes mentioned above to strengthen the
educational resources of the Nation by enriching the book collections
of educational institutions (full-time, tax-supported or nonprofit
schools, school systems, colleges, universities, museums, and public
libraries), public bodies (agencies of local, State, or Federal
Government), and nonprofit tax-exempt organizations (section 501 of the
Internal Revenue Code of 1954, 26 U.S.C. 501, by authorizing the Anglo-
American Acquisitions Division to donate to such groups in the United
States any materials selected by their representatives. Eligibility to
participate in the donation program shall be limited as defined by
procedures established by the Anglo-American Acquisitions Division.
(d) Disposition of residue. Library materials not needed for the
collections of the Library, for its exchange and transfer programs, for
sale, or for donation, and which, in the opinion of the Chief, Anglo-
American Acquisitions Division, have no commercial value, may be turned
over to the General Services Administration (GSA) to be disposed of in
accordance with standard Government practice.
Sec. 701.4 Contracting Officers.
While the Librarian of Congress may sign any agreement, certain
other offices of the Library have been delegated authority to contract
for materials and services on behalf of the Library of Congress.
Contact the Office of the General Counsel of the Library at 202-707-
6316 for information on specific delegations.
Sec. 701.5 Policy on authorized use of the Library name, seal, or
logo.
(a) Purpose. The purpose of this part is three-fold:
(1) To assure that the Library of Congress is properly and
appropriately identified and credited as a source of materials in
publications.
(2) To assure that the name or logo of the Library of Congress, or
any unit thereof, is used only with the prior approval of the Librarian
of Congress or his designee; and
(3) To assure that the seal of the Library of Congress is used only
on official documents or publications of the Library.
(b) Definitions. (1) For the purposes of this part, publication
means any tangible expression of words or thoughts in any form or
format, including print, sound recording, television, optical disc,
software, online delivery, or other technology now known or hereinafter
created. It includes the whole range of tangible products from simple
signs, posters, pamphlets, and brochures to books, television
productions, and movies.
(2) Internal Library publication means a publication over which any
unit of the Library has complete or substantial control or
responsibility.
(3) Cooperative publications are those in which the Library is a
partner with the publisher by terms of a cooperative publishing
agreement.
(4) Commercial publications are those known or likely to involve
subsequent mass distribution, whether by a for-profit or not-for-profit
organization or individual, which involve a cooperative agreement. A
commercial publication can also include a significant number of LC
references and is also approved by the LC office that entered into a
formal agreement. Noncommercial publications are those which are
produced by non-commercial entities.
(5) Internet sites are those on-line entities, both commercial and
non-commercial, that have links to the Library's site.
[[Page 39840]]
(6) Library logo refers to any official symbol of the Library or
any entity thereof and includes any design officially approved by the
Librarian of Congress for use by Library officials.
(7) Seal refers to any statutorily recognized seal.
(c) Credit and recognition policy. (1) The name ``Library of
Congress,'' or any abbreviation or subset such as ``Copyright Office''
or ``Congressional Research Service,'' thereof, is used officially to
represent the Library of Congress and its programs, projects,
functions, activities, or elements thereof. The use of the Library's
name, explicitly or implicitly to endorse a product or service, or
materials in any publication is prohibited, except as provided for in
this part.
(2) The Library of Congress seal symbolizes the Library's authority
and standing as an official agency of the U.S. Government. As such, it
shall be displayed only on official documents or publications of the
Library. The seal of the Library of Congress Trust Fund Board shall be
affixed to documents of that body as prescribed by the Librarian of
Congress. The seal of the National Film Preservation Board shall be
affixed to documents of that body as prescribed by the Librarian of
Congress. Procedures governing the use of any Library of Congress logo
or symbol are set out below. Any person or organization that uses the
Library Seal or the Seal of the Library of Congress Trust Fund Board in
a manner other than as authorized by the provisions of this section
shall be subject to the criminal provisions of 18 U.S.C. 1017.
(3) Questions regarding the appropriateness of the use of any
Library logos or symbols, or the use of the Library's name, shall be
referred to the Public Affairs Officer.
(4) Cooperative Ventures. (i) Individual, commercial enterprises or
non-commercial entities with whom the Library has a cooperative
agreement to engage in cooperative efforts shall be instructed
regarding Library policy on credit, recognition, and endorsement by the
officer or manager with whom they are dealing.
(ii) Ordinarily, the Library logo should appear in an appropriate
and suitable location on all cooperative publications. The Library
requires that a credit line accompany reproductions of images from its
collections and reflect the nature of the relationship such as
``published in association with * * *.''
(iii) The size, location, and other attributes of the logo and
credit line should be positioned in such a way that they do not imply
Library endorsement of the publication unless such endorsement is
expressly intended by the Library, as would be the case in cooperative
activities. Use of the Library name or logo in any context suggesting
an explicit or implicit endorsement may be approved in only those
instances where the Library has sufficient control over the publication
to make changes necessary to reflect Library expertise.
(iv) Library officers working on cooperative projects shall notify
all collaborators of Library policy in writing if the collaboration is
arranged through an exchange of correspondence. All uses of the Library
of Congress's name, seal or logo on promotional materials must be
approved by the Public Affairs Officer, in consultation with the Office
of the General Counsel, in advance. A statement of Library policy shall
be incorporated into the agreement if the terms of the collaboration
are embodied in any written instrument, such as a contract or letter of
understanding. The statement could read as follows:
Name of partner recognizes the great value, prestige and
goodwill associated with the name, ``Library of Congress'' and any
logo pertaining thereto. Name of partner agrees not to knowingly
harm, misuse, or bring into disrepute the name or logo of the
Library of Congress, and further to assist the Library, as it may
reasonably request, in preserving all rights, integrity and dignity
associated with its name. Subject to the Library's prior written
approval over all aspects of the use and presentation of the
Library's name and logo, the Name of Partner may use the name of the
Library of Congress in connection with publication, distribution,
packaging, advertising, publicity and promotion of the ------------,
produced as a result of this Agreement. The Library will have
fifteen (15) business days from receipt of Name of partner's written
request to approve or deny with comment such requests for use of its
name or logo.
(d) Noncommercial Users. Library officers assisting individuals who
are noncommercial users of Library resources shall encourage them to
extend the customary professional courtesy of acknowledging their
sources in publications, including films, television, and radio, and to
use approved credit lines.
(1) Each product acquired for resale by the Library that involves
new labeling or packaging shall bear a Library logo and shall contain
information describing the relevance of the item to the Library or its
collections. Items not involving new packaging shall be accompanied by
a printed description of the Library and its mission, with Library
logo, as well as the rationale for operating a gift shop program in a
statement such as, ``Proceeds from gift shop sales are used to support
the Library collections and to further the Library's educational
mission.''
(2) Electronic Users. Links to other sites from the Library of
Congress's site should adhere to the Appropriate Use Policy for
External Linking in the Internet Policies and Procedures Handbook.
Requests for such linkage must be submitted to the Public Affairs
Office for review and approval.
(3) Office Systems Services shall make available copies of the
Library seal or logo in a variety of sizes and formats, including
digital versions, if use has been approved by the Public Affairs
Officer, in consultation with the Office of General Counsel.
(4) Each service unit head shall be responsible for devising the
most appropriate way to carry out and enforce this policy in
consultation with the General Counsel and the Public Affairs Officer.
(e) Prohibitions and Enforcement. (1) All violations, or suspected
violations, of this part, shall be reported to the Office of the
General Counsel as soon as they become known. Whoever, except as
permitted by laws of the U.S., or with the written permission of the
Librarian of Congress or his designee, falsely advertises or otherwise
represents by any device whatsoever that his or its business, product,
or service has been in any way endorsed, authorized, or approved by the
Library of Congress shall be subject to criminal penalties pursuant to
law.
(2) Whenever the General Counsel has determined that any person or
organization is engaged in or about to engage in an act or practice
that constitutes or will constitute conduct prohibited by this part or
a violation of any requirement of this part, the General Counsel shall
take whatever steps are necessary, including seeking the assistance of
the U.S. Department of Justice, to enforce the provisions of the
applicable statutes and to seek all means of redress authorized by law,
including both civil and criminal penalties.
PART 702--CONDUCT ON LIBRARY PREMISES
0
2. Revise part 702 to read as follows:
Sec.
702.1 Applicability.
702.2 Conduct on Library Premises.
702.3 Demonstrations.
702.4 Photographs.
702.5 Gambling.
702.6 Alcoholic beverages and controlled substances.
702.7 Weapons and explosives.
702.8 Use and carrying of food and beverages in Library buildings.
702.9 Inspection of property.
[[Page 39841]]
702.10 Protection of property.
702.11 Smoking in Library buildings.
702.12 Space for meetings and special events.
702.13 Soliciting, vending, debt collection, and distribution of
handbills.
702.14 Penalties.
Authority: Sec. 1, 29 Stat. 544; 2 U.S.C. 136.
Sec. 702.1 Applicability.
The rules and regulations in this part apply to all Federal
property under the charge and control of the Librarian of Congress and
to all persons entering in or on such property.
Sec. 702.2 Conduct on Library premises.
(a) All persons using the premises shall conduct themselves in such
manner as not to affect detrimentally the peace, tranquility, and good
order of the Library. Such persons shall:
(1) Use areas that are open to them only at the times those areas
are open to them and only for the purposes for which those areas are
intended;
(2) Comply with any lawful order of the police or of other
authorized individuals; and
(3) Comply with official signs of a restrictive or directory
nature.
(b) All persons using the premises shall refrain from:
(1) Creating any hazard to oneself or another person or property,
such as by tampering with fire detection and/or security equipment and
devices, by fighting, by starting fires, or by throwing or deliberately
dropping any breakable article, such as glass, pottery, or any sharp
article, or stones or other missiles;
(2) Using Library facilities for living accommodation purposes,
such as unauthorized bathing, sleeping, or storage of personal
belongings, regardless of the specific intent of the individual;
(3) Engaging in inordinately loud or noisy activities;
(4) Disposing of rubbish other than in receptacles provided for
that purpose;
(5) Throwing articles of any kind from or at a Library building or
appurtenance;
(6) Committing any obscene or indecent act such as prurient prying,
indecent exposure, and soliciting for illegal purposes;
(7) Removing, defacing, damaging, or in any other way so misusing a
statue, seat, wall, fountain, or other architectural feature or any
tree, shrub, plant, or turf;
(8) Stepping upon or climbing upon any statue, fountain, or other
ornamental architectural feature or any tree, shrub, or plant;
(9) Bathing, wading, or swimming in any fountain;
(10) Painting, marking or writing on, or posting or otherwise
affixing any handbill or sign upon any part of a Library building or
appurtenance, except on bulletin boards installed for that purpose and
with the appropriate authorization;
(11) Bringing any animal onto Library buildings and turf other than
dogs trained to assist hearing or visually impaired persons;
(12) Threatening the physical well-being of an individual; and
(13) Unreasonably obstructing reading rooms, food service
facilities, entrances, foyers, lobbies, corridors, offices, elevators,
stairways, or parking lots in such manner as to impede or disrupt the
performance of official duties by the Library staff or to prevent
Library patrons from using or viewing the collections.
(c) Public reading rooms, research facilities, and catalog rooms
are designated as nonpublic forums. As such, they shall be used only
for quiet scholarly research or educational purposes requiring use of
Library materials. All persons using these areas shall comply with the
rules in effect in the various public reading rooms, shall avoid
disturbing other readers, and shall refrain from engaging in disruptive
behavior, including but not limited to (1) Eating, drinking, or smoking
in areas where these activities are expressly prohibited;
(2) Using loud language or making disruptive noises;
(3) Using any musical instrument or device, loudspeaker, sound
amplifier, or other similar machine or device for the production or
reproduction of sound, except for devices to assist hearing or visually
impaired persons, without authorization;
(4) Interfering by offensive personal hygiene with the use of the
area by other persons;
(5) Spitting, defecating, urinating, or similar disruptive
activities;
(6) Intentionally abusing the furniture or furnishings in the area;
(7) Intentionally damaging any item from the collections of the
Library of Congress or any item of Library property;
(8) Using computing terminals for purposes other than searching or
training persons to search the Library's data bases or those under
contract to the Library, or misusing the terminals by intentional
improper or obstructive searching; and
(9) Using the Library's photocopy machines or microfilm reader-
printers for purposes other than copying Library materials, for copying
that violates the copyright law (Title 17 U.S.C.), or for copying in
violation of posted usage restrictions, e.g., ``staff only.''
(10) Performing any other inappropriate or illegal act, such as
accessing or showing child pornography, online or otherwise on Library
premises; and
(11) failing to wear appropriate clothing in Library facilities,
including, but not limited to, footwear (shoes or sandals) and shirts.
(12) any behavior or interaction by a member of the public that
unnecessarily hinders staff from performing the Library's public
service functions.
Sec. 702.3 Demonstrations.
(a) Library buildings and grounds are designated as limited public
forums, except for those areas designated as nonpublic forums. However,
only Library grounds (defined in 2 U.S.C. 167j), not buildings, may be
utilized for demonstrations, including assembling, marching, picketing,
or rallying. In addition, as the need for the determination of other
matters arises, the Librarian will determine what additional First
Amendment activities may not be permitted in a limited public forum. In
making such determination, The Librarian will consider only whether the
intended activity is incompatible with the primary purpose and intended
use of that area.
(b) The Director, Integrated Support Services, shall designate
certain Library grounds as available for demonstrations. Persons
seeking to use such designated areas for the purpose of demonstrations
shall first secure written permission from the Director, Integrated
Support Services. An application for such permission shall be filed
with Facility Services no later than four business days before the time
of the proposed demonstration and shall include:
(1) The name of the organization(s) or sponsor(s) of the
demonstration;
(2) The contact person's name and telephone number;
(3) The proposed purpose of the demonstration;
(4) The proposed location of the demonstration;
(5) The date and hour(s) planned for the demonstration;
(6) The anticipated number of demonstrators;
(7) A concise statement detailing arrangements for the prompt
cleanup of the site after the demonstration;
(8) Any request for permission to use loudspeakers, microphones, or
other amplifying devices, hand held or otherwise; and
(9) A signed agreement by the applicant(s) to comply with Library
regulations and terms and conditions established for the demonstration.
(c) Upon receipt of an application, Facility Services shall forward
the
[[Page 39842]]
application, along with any comments and recommendations, to the
Director, Integrated Support Services, within one business day of the
office's receipt of said application. The Director, Integrated Support
Services, shall respond to the request within three business days of
his or her receipt of said application. The Director, Integrated
Support Services, shall request advice from the Office of the General
Counsel on any legal questions arising from said application.
(d) Permission to demonstrate shall be based upon:
(1) The availability of the requested location;
(2) The likelihood that the demonstration will not interfere with
Library operations or exceed city noise limitations as defined by
District of Columbia regulations; and
(3) The likelihood that the demonstration will proceed peacefully
in the event that a volatile situation in the United States or abroad
might lead to a potentially harmful threat toward the Capitol complex,
including Library buildings and grounds.
Sec. 702.4 Photographs.
(a) The policy set out herein applies to all individuals who are
photographing Library of Congress buildings.
(b) Special permission is not required for photographing public
areas, if no tripods, lights or other specialized equipment is used.
Public areas do not include reading rooms, exhibition areas or other
areas where photographing is prohibited by signage.
(c) For all other photographing, requests for permission must be
made at least one week prior to the photographing. The Director of
Communications, or his/her designee, is authorized to grant or deny
permission, in writing, to photograph the interior of Library buildings
and may set the conditions under which the photographing may take
place. Such conditions may include provision for a fee for services
rendered consistent with the Library's policies and procedures for the
revolving fund under 2 U.S.C. 182b.
Sec. 702.5 Gambling.
Participation in any illegal gambling, such as the operation of
gambling devices, the conduct of an illegal pool or lottery, or the
unauthorized sale or purchase of numbers or lottery tickets, on the
premises is prohibited.
Sec. 702.6 Alcoholic beverages and controlled substances.
(a) The use of alcoholic beverages on the premises is prohibited
except on official occasions for which advance written approval has
been given and except for concessionaires to whom Library management
has granted permission to sell alcoholic beverages on the premises.
(b) The illegal use or possession of controlled substances on the
premises is prohibited.
Sec. 702.7 Weapons and explosives.
Except where duly authorized by law, and in the performance of law
enforcement functions, no person shall carry firearms, other dangerous
or deadly weapons, or explosives, either openly or concealed, while on
the premises.
Sec. 702.8 Use and carrying of food and beverages in Library
buildings.
Consumption of food and beverages in Library buildings is
prohibited except at point of purchase or other authorized eating
places. Under no circumstances may food or beverages be carried to the
bookstacks or other areas where there exists significant risk to
Library materials or property or where there may result a detraction
from the dignity or efficiency of public service.
Sec. 702.9 Inspection of property.
(a) Individuals entering Library buildings do so with the
understanding that all property in their possession including, but not
limited to, suitcases, briefcases, large envelopes, packages, and
office equipment may be inspected.
(b) Upon entering the Library buildings privately owned office
machines including but not limited to typewriters, computing machines,
stenotype machines, and dictating machines, shall be registered with
the police officer at the entrance to buildings for the purpose of
controlling such equipment.
(c) In the discharge of official duties, Library officials are
authorized to inspect Government-owned or furnished property assigned
to readers and the general public for their use, such as cabinets,
lockers, and desks. Unauthorized property or contraband found in the
possession of members of the Library staff, readers, or the general
public as a result of such inspections will be subject to confiscation
by Library officials.
Sec. 702.10 Protection of property.
(a) Any person who shall steal, wrongfully deface, injure,
mutilate, tear, or destroy library materials, or any portion thereof,
shall be punished by a fine of not more than $1,000 or imprisoned not
more than 3 years, or both (18 U.S.C. 641; 18 U.S.C. 1361; 18 U.S.C.
2071).
(b) Any person who embezzles, steals, purloins, or, without
authority, disposes of anything of value of the United States, or
willfully injures or commits any depredation against any Government
property shall be punished by a fine of not more than $10,000 or
imprisoned not more than 10 years, or both; but if the value of such
property does not exceed the sum of $100, he shall be fined not more
than $1,000 or imprisoned not more than 1 year, or both. (18 U.S.C.
641; 18 U.S.C. 1361.)
Sec. 702.11 Smoking in Library buildings.
Smoking in Library areas is prohibited except in those areas
specifically designated for this purpose.
Sec. 702.12 Space for meetings and special events.
Information about the use of space for meeting and special events
at the Library can be found at http://www.loc.gov/about/facilities/index.html, or by accessing the Library's home page at http://www.loc.gov
and following the link ``About the Library'' to ``Event
Facilities.''
Sec. 702.13 Soliciting, vending, debt collection, and distribution
of handbills.
(a) The soliciting of alms and contributions, commercial soliciting
and vending of all kinds, the display or distribution of commercial
advertising, the offering or exposing of any article for sale, or the
collecting of private debts on the grounds or within the buildings of
the Library is prohibited. This rule does not apply to national or
local drives for funds for welfare, health, or other purposes sponsored
or approved by The Librarian of Congress, nor does it apply to
authorized concessions, vending devices in approved areas, or as
specifically approved by the Librarian or designee.
(b) Distribution of material such as pamphlets, handbills, and
flyers is prohibited without prior approval.
(c) Peddlers and solicitors will not be permitted to enter Library
buildings unless they have a specific appointment, and they will not be
permitted to canvass Library buildings.
Sec. 702.14 Penalties.
(a) Persons violating provisions of 2 U.S.C. 167a to 167e,
inclusive, regulations promulgated pursuant to 2 U.S.C. 167f, this part
702, or other applicable Federal laws relating to the Library's
property, including its collections, are subject to removal from the
premises, to arrest, and to any additional penalties prescribed by law.
(b) Upon written notification by the Director of Security,
disruptive persons may be denied further access to the
[[Page 39843]]
premises and may be prohibited from further use of the Library's
facilities.
(1) Within three workdays of receipt of such notification, an
affected individual may make a written request, including the reasons
for such a request, to the Director of Security for a reconsideration
of said notification.
(2) The Director of Security shall respond within three workdays of
receipt of such request for reconsideration and may, at his or her
option, rescind, modify, or reaffirm said notification.
(c) Readers who violate established conditions and/or procedures
for using material are subject to penalties to be determined by or in
consultation with the unit head responsible for the custody of the
material used.
(1) When a reader violates a condition and/or procedure for using
material, the division chief or head of the unit where the infraction
occurred may, upon written notification, deny further access to the
material, or to the unit in which it is housed, to be determined by the
nature of the infraction and the material involved.
(2) Within five workdays of receipt of such notification, the
reader may make a written request, including the reasons for such
request to the Associate Librarian for that service unit, or his/her
designee, for a reconsideration of said notification.
(3) The Associate Librarian for that service unit, or his/her
designee, shall respond within five workdays of receipt of such request
for reconsideration and may rescind, modify, or reaffirm said
notification, as appropriate.
(4) Repeated violations of established conditions and/or procedures
for using material may result in denial of further access to the
premises and further use of the Library's facilities or revocation of
the reader's User Card, in accordance with established access
regulations.
(5) Mutilation or theft of Library property also may result in
criminal prosecution, as set forth in 18 U.S.C. 641, 1361, and 2071;
and 22 D.C. Code 3106.
(6) In certain emergency situations requiring prompt action, the
division chief or head of the unit where the infraction occurred may
immediately deny further access to the material or unit prior to
formally taking written action. In such cases, the reader shall be
notified, in writing, within three days of the action taken and the
reasons therefor. The reader then may request reconsideration.
(7) A copy of any written notification delivered pursuant to this
part shall be forwarded to the Captain, Library Police, the service
unit, and the Director, Integrated Support Services, for retention.
0
3. Revise part 704 to read as follows:
PART 704--NATIONAL FILM REGISTRY OF THE LIBRARY OF CONGRESS
Sec. 704.1 Films selected for inclusion in the National Film
Registry.
After the reauthorization of the National Film Registry Act, only
the list of films selected for the year of publication will be printed.
For a complete list of films included in the National Film Registry,
see http://lcweb.loc.gov/film/nfrchron.html.
Authority: Pub. L. 102-307, 106 Stat. 267 (2 U.S.C. 179).
0
4. Remove part 705.
0
5. Add a new part 705 to read as follows:
PART 705--REPRODUCTION, COMPILATION, AND DISTRIBUTION OF NEWS
TRANSMISSIONS UNDER THE PROVISIONS OF THE AMERICAN TELEVISION AND
RADIO ARCHIVES ACT
Sec.
705.1 Scope and purpose of this part.
705.2 Authority.
705.3 Definitions.
705.4 Reproduction.
705.5 Disposition and use of copies and phonorecords by the Library
of Congress.
705.6 Compilation.
705.7 Distribution.
705.8 Agreements modifying the terms of this section.
Authority: 2 U.S.C. 136, and 170.
Sec. 705.1 Scope and purpose of this part.
The purpose of this part is to implement certain provisions of the
American Television and Radio Archives Act, 2 U.S.C. 170. Specifically,
this part prescribes rules pertaining to the reproduction, compilation,
and distribution by the Library of Congress, under section 170(b) of
title 2 of the United States Code, of television and radio transmission
programs consisting of regularly scheduled newscasts or on-the-spot
coverage of news events.
Sec. 705.2 Authority.
Section 170(b) of Title 2 authorizes the Librarian, with respect to
a transmission program which consists of a regularly scheduled newscast
or on-the-spot coverage of news events, to prescribe by regulation
standards and conditions to reproduce, compile, and distribute such a
program as more particularly specified in the statute.
Sec. 705.3 Definitions.
For purposes of this part:
(a) The terms copies, fixed, phonorecords and transmission program,
and their variant forms, have the meanings given to them in section 101
of title 17 of the United States Code. For the purpose of this part,
the term transmission includes transmission via the Internet, cable,
broadcasting, and satellite systems, and via any other existing or
future devices or processes for the communication of a performance or
display whereby images or sounds are received beyond the place from
which they are sent. 17 U.S.C. 101; H.R. Rep. No. 94-1476, at 64
(1976).
(b) The term regularly scheduled newscasts means transmission
programs in any format that report on current events, regardless of
quality, subject matter, or significance, and that air on a periodic
basis, (including but not limited to daily, weekly, or quarterly), or
on an occasional basis, but not on a special, one-time basis. The term
on-the-spot coverage of news events refers to transmission programs in
any format that report on reasonably recent current events, regardless
of quality, subject matter, or significance, and that are aired in a
timely manner but not necessarily contemporaneously with the recording
of the events.
(c) The term staff for the purpose of this part includes both
Library employees and contractors.
Sec. 705.4 Reproduction.
(a) Library of Congress staff acting under the general authority of
the Librarian of Congress may reproduce fixations of television and
radio transmission programs consisting of regularly scheduled newscasts
or on-the-spot coverage of news events directly from transmissions to
the public in the United States in accordance with section 170(b) of
title 2 of the United States Code. Recording may be accomplished in the
same or another tangible form as the original transmission. The choice
of programs selected for recording will be made consistent with the
purpose of, and based on the criteria set forth in, the American
Television and Radio Archives Act at 2 U.S.C. 170(a), and on Library of
Congress acquisition policies in effect at the time of recording.
(b) Specific notice of an intent to copy a transmission program
will ordinarily not be given. In general, the Library of Congress will
seek to copy off-the-air selected portions of the programming
transmitted by both noncommercial educational broadcast stations as
defined in section 397 of title 47 of the United States Code, and by
commercial broadcast stations. Upon written request addressed to the
Chief, Motion Picture,
[[Page 39844]]
Broadcasting and Recorded Sound Division by a broadcast station or
other owner of the right of transmission, the Library of Congress will
inform the requestor whether a particular transmission program has been
copied by the Library.
Sec. 705.5 Disposition and use of copies and phonorecords by the
Library of Congress.
(a) All copies and phonorecords acquired under this part will be
maintained by the Motion Picture, Broadcasting and Recorded Sound
Division of the Library of Congress. The Library may make such copies
or phonorecords of a program as are necessary for purposes of
preservation, security, and, as specified in Sec. 705.7, distribution.
(b) To the extent that the Library of Congress's use of copies and
phonorecords acquired under this part is not subject to the provisions
of the American Television and Radio Archives Act (section 170 of title
2 of the United States Code) and this part, such use shall be subject
to the restrictions concerning copying and access found in Library of
Congress Regulation 818-17, ``Policies Governing the Use and
Availability of Motion Pictures and Other Audiovisual Works in the
Collections of the Library of Congress,'' and Library of Congress
Regulation 818-18.1, ``Recorded Sound Listening and Duplication
Services'' available from the Office of the General Counsel, Library of
Congress, Washington, DC 20540-1050. Such use shall also be governed by
the Copyright Act of 1976, as amended.
Sec. 705.6 Compilation.
(a) Library of Congress staff acting under the general authority of
the Librarian of Congress may compile, without abridgement or any other
editing, portions of recordings created pursuant to Sec. 705.4
according to subject matter, and may reproduce such compilations for
purposes of preservation, security, or distribution as permitted under
Sec. 705.7 below.
(b) Compilations shall be organized, to the greatest extent
possible, in chronological order, and shall include the entirety of any
particular news segment.
(c) No compilation by the Librarian shall be deemed for any purpose
or proceeding to be an official determination of the subject matter
covered by such compilation.
Sec. 705.7 Distribution.
(a) Library staff acting under the general authority of the
Librarian of Congress may distribute a reproduction of a transmission
program or a compilation of transmission programs made under this part,
by loan to a researcher, provided that the researcher indicates the
particular segments of the news broadcasts or compilations that he or
she wishes to review, on the basis of an index or other finding aid
prepared by the Librarian; and for deposit in a library or archives
which meets the requirements of section 108(a) of title 17 of the
United States Code.
(b) Library staff will advise all recipients of such reproductions
that such distribution shall be only for the purposes of research and
not for further reproduction or performance, and that any use in excess
of that permitted by the American Television and Radio Archives Act
(section 170 of title 2 of the United States Code), title 17 of the
United States Code, and this part may violate copyrights or other
rights.
Sec. 705.8 Agreements modifying the terms of this part.
(a) The Library of Congress may, at its sole discretion, enter into
an agreement whereby the provision of copies or phonorecords of
transmission programs of regularly scheduled newscasts or on-the-spot
coverage of news events on terms different from those contained in this
part is authorized.
(b) Any such agreement may be terminated without notice by the
Library of Congress.
Dated: June 24, 2004.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 04-14867 Filed 6-30-04; 8:45 am]
BILLING CODE 1410-04-P