[Congressional Record Volume 146, Number 68 (Tuesday, June 6, 2000)]
[Senate]
[Page S4574]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself and Mrs. Boxer):
  S. 2682. A bill to authorize the Broadcasting Board of Governors to 
make available to the Institute for Medial Development certain 
materials of the Voice of America; to the Committee on Foreign 
Relations.


       legislation regarding the voice of america/africa archives

 Mr. BIDEN. Mr. President, today I am introducing, along with 
Senator Boxer, a bill to authorize the Broadcasting Board of Governors 
to make available to a private entity archival materials from the 
Africa Division of the Voice of America. This bill is also being 
introduced today in the other body by Representative Cynthia McKinney, 
who initiated this proposal and asked me to introduce the Senate 
version of the bill.
  The bill authorizes the Broadcasting Board of Governors to make 
available to the Institute for Media Development, a non-profit 
organization, archival materials of the Africa Division of the Voice of 
America (VOA). These materials, currently stored at the VOA in analog 
form, will be put into modern digital form and made available to 
scholars through the University of California, Los Angeles, and any 
other institution of higher learning approved by the Board.
  I believe this is a very useful public-private partnership that will 
result in a positive benefit to scholars of African studies. As I am 
sure my colleagues are aware, the Voice of America is not broadcast in 
the United States. Programs which may be of interest to students and 
scholars of African politics, history, literature and foreign policy 
are often inaccessible. Moreover, there is no systematic means, much 
less the funds, to make such archival material available. And once the 
programs are aired, there is no guarantee that the analog tape on which 
they are recorded will be preserved. History may literally be lost, if 
news shows and interviews with prominent figures in various African 
countries are not preserved. Storing these recordings in a central 
archive should prove invaluable in years to come.
  There will be no cost to the U.S. Government. The bill requires that 
the government be reimbursed for any expenses it incurs in making such 
materials available, and for the indemnification of the government in 
the event that the materials are used in a manner that violates the 
copyright laws of the United States. I would not anticipate that such 
copyright violations will occur, because the bill also makes clear that 
materials made available may be used only for academic and research 
purposes and may not be used for public or commercial broadcast 
purposes.
  I am pleased that the chairman of the Committee on Foreign Relations 
has agreed to place this legislation on the agenda of the committee 
later this week. I hope the Committee, and then the full Senate, will 
give its approval.
  I ask unanimous consent that the bill be printed at this point in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2682

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. AVAILABILITY OF CERTAIN MATERIALS OF THE VOICE OF 
                   AMERICA.

       (a) Authority.--
       (1) In general.--Subject to the provisions of this Act, the 
     Broadcasting Board of Governors (in this Act referred to as 
     the ``Board'') is authorized to make available to the 
     Institute for Media Development (in this Act referred to as 
     the ``Institute''), at the request of the Institute, 
     previously broadcast audio and video materials produced by 
     the Africa Division of the Voice of America.
       (2) Deposit of materials.--Upon the request of the 
     Institute and the approval of the Board, materials made 
     available under paragraph (1) may be deposited with the 
     University of California, Los Angeles, or such other 
     appropriate institution of higher education (as defined in 
     section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a)) that is approved by the Board for such purpose.
       (3) Supersedes existing law.--Materials made available 
     under paragraph (1) may be provided notwithstanding section 
     501 of the United States Information and Educational Exchange 
     Act of 1948 (22 U.S.C. 1461) and section 208 of the Foreign 
     Relations Authorization Act, Fiscal Years 1986 and 1987 (22 
     U.S.C. 1461-1a).
       (b) Limitations.--
       (1) Authorized purposes.--Materials made available under 
     this Act shall be used only for academic and research 
     purposes and may not be used for public or commercial 
     broadcast purposes.
       (2) Prior agreement required.--Before making available 
     materials under subsection (a)(1), the Board shall enter into 
     an agreement with the Institute providing for--
       (A) reimbursement of the Board for any expenses involved in 
     making such materials available;
       (B) the establishment of guidelines by the Institute for 
     the archiving and use of the materials to ensure that 
     copyrighted works contained in those materials will not be 
     used in a manner that would violate the copyright laws of the 
     United States (including international copyright conventions 
     to which the United States is a party);
       (C) the indemnification of the United States by the 
     Institute in the event that any use of the materials results 
     in violation of the copyright laws of the United States 
     (including international copyright conventions to which the 
     United States is a party);
       (D) the authority of the Board to terminate the agreement 
     if the provisions of paragraph (1) are violated; and
       (E) any other terms and conditions relating to the 
     materials that the Board considers appropriate.
       (c) Crediting of Reimbursements to Board Appropriations 
     Account.--Any reimbursement of the Board under subsection (b) 
     shall be deposited as an offsetting collection to the 
     currently applicable appropriation account of the Board.

     SEC. 2. TERMINATION OF AUTHORITY.

       The authority provided under this Act shall cease to have 
     effect on the date that is 5 years after the date of 
     enactment of this Act.
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