[Federal Register Volume 69, Number 126 (Thursday, July 1, 2004)]
[Rules and Regulations]
[Pages 39837-39844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14867]


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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