[Congressional Record Volume 146, Number 98 (Tuesday, July 25, 2000)]
[House]
[Pages H6846-H6851]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              NATIONAL RECORDING PRESERVATION ACT OF 2000

  Mr. NEY. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 4846) to establish the National Recording Registry in the Library 
of Congress to maintain and preserve sound recordings that are 
culturally, historically, or aesthetically significant, and for other 
purposes, as amended.
  The Clerk read as follows:

                               H.R. 4846

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Recording 
     Preservation Act of 2000''.

    TITLE I--SOUND RECORDING PRESERVATION BY THE LIBRARY OF CONGRESS

                Subtitle A--National Recording Registry

     SEC. 101. NATIONAL RECORDING REGISTRY OF THE LIBRARY OF 
                   CONGRESS.

       The Librarian of Congress shall establish the National 
     Recording Registry for the purpose of maintaining and 
     preserving sound recordings that are culturally, 
     historically, or aesthetically significant.

     SEC. 102. DUTIES OF LIBRARIAN OF CONGRESS.

       (a) Establishment of Criteria and Procedures.--For purposes 
     of carrying out this subtitle, the Librarian shall--
       (1) establish criteria and procedures under which sound 
     recordings may be included in the National Recording 
     Registry, except that no sound recording shall be eligible 
     for inclusion in the National Recording Registry until 10 
     years after the recording's creation;
       (2) establish procedures under which the general public may 
     make recommendations to the National Recording Preservation 
     Board established under subtitle C regarding the inclusion of 
     sound recordings in the National Recording Registry; and
       (3) determine which sound recordings satisfy the criteria 
     established under paragraph (1) and select such recordings 
     for inclusion in the National Recording Registry.
       (b) Publication of Sound Recordings in the Registry.--The 
     Librarian shall publish in the Federal Register the name of 
     each sound recording that is selected for inclusion in the 
     National Recording Registry.

     SEC. 103. SEAL OF THE NATIONAL RECORDING REGISTRY.

       (a) In General.--The Librarian shall provide a seal to 
     indicate that a sound recording has been included in the 
     National Recording Registry and is the Registry version of 
     that recording.
       (b) Use of Seal.--The Librarian shall establish guidelines 
     for approval of the use of the seal provided under subsection 
     (a), and shall include in the guidelines the following:
       (1) The seal may only be used on recording copies of the 
     Registry version of a sound recording.
       (2) The seal may be used only after the Librarian has given 
     approval to those persons seeking to apply the seal in 
     accordance with the guidelines.
       (3) In the case of copyrighted mass distributed, broadcast, 
     or published works, only the copyright legal owner or an 
     authorized licensee of that copyright owner may place or 
     authorize the placement of the seal on any recording copy of 
     the Registry version of any sound recording that is 
     maintained in the National Recording Registry Collection in 
     the Library of Congress.
       (4) Anyone authorized to place the seal on any recording 
     copy of any Registry version of a sound recording may 
     accompany such seal with the following language: ``This sound 
     recording is selected for inclusion in the National Recording 
     Registry by the Librarian of Congress in consultation with 
     the National Recording Preservation Board of the Library of 
     Congress because of its cultural, historical, or aesthetic 
     significance.''.
       (c) Effective Date of the Seal.--The use of the seal 
     provided under subsection (a) with respect to a sound 
     recording shall be effective beginning on the date the 
     Librarian publishes in the Federal Register (in accordance 
     with section 102(b)) the name of the recording, as selected 
     for inclusion in the National Recording Registry.
       (d) Prohibited Uses of the Seal.--
       (1) Prohibition on distribution and exhibition.--No person 
     may knowingly distribute or exhibit to the public a version 
     of a sound

[[Page H6847]]

     recording or any copy of a sound recording which bears the 
     seal described in subsection (a) if such recording--
       (A) is not included in the National Recording Registry; or
       (B) is included in the National Recording Registry but has 
     not been approved for use of the seal by the Librarian 
     pursuant to the guidelines established under subsection (b).
       (2) Prohibition on promotion.--No person may knowingly use 
     the seal described in subsection (a) to promote any version 
     of a sound recording or recording copy other than a Registry 
     version.
       (e) Remedies for Violations.--
       (1) Jurisdiction.--The several district courts of the 
     United States shall have jurisdiction, for cause shown, to 
     prevent and restrain violations of subsection (d).
       (2) Relief.--
       (A) Removal of seal.--Except as provided in subparagraph 
     (B), relief for violation of subsection (d) shall be limited 
     to the removal of the seal from the sound recording involved 
     in the violation.
       (B) Fine and injunctive relief.--In the case of a pattern 
     or practice of the willful violation of subsection (d), the 
     court may order a civil fine of not more than $10,000 and 
     appropriate injunctive relief.
       (3) Limitation of remedies.--The remedies provided in this 
     subsection shall be the exclusive remedies under this title, 
     or any other Federal or State law, regarding the use of the 
     seal described in subsection (a).

     SEC. 104. NATIONAL RECORDING REGISTRY COLLECTION OF THE 
                   LIBRARY OF CONGRESS.

       (a) In General.--All copies of sound recordings on the 
     National Recording Registry that are received by the 
     Librarian under subsection (b) shall be maintained in the 
     Library of Congress and be known as the ``National Recording 
     Registry Collection of the Library of Congress''. The 
     Librarian shall by regulation and in accordance with title 
     17, United States Code, provide for reasonable access to the 
     sound recordings and other materials in such collection for 
     scholarly and research purposes.
       (b) Acquisition of Quality Copies.--
       (1) In general.--The Librarian shall seek to obtain, by 
     gift from the owner, a quality copy of the Registry version 
     of each sound recording included in the National Recording 
     Registry.
       (2) Limit on number of copies.--Not more than one copy of 
     the same version or take of any sound recording may be 
     preserved in the National Recording Registry. Nothing in the 
     preceding sentence may be construed to prohibit the Librarian 
     from making or distributing copies of sound recordings 
     included in the Registry for purposes of carrying out this 
     Act.
       (c) Property of United States.--All copies of sound 
     recordings on the National Recording Registry that are 
     received by the Librarian under subsection (b) shall become 
     the property of the United States Government, subject to the 
     provisions of title 17, United States Code.

       Subtitle B--National Sound Recording Preservation Program

     SEC. 111. ESTABLISHMENT OF PROGRAM BY LIBRARIAN OF CONGRESS.

       (a) In General.--The Librarian shall, after consultation 
     with the National Recording Preservation Board established 
     under subtitle C, implement a comprehensive national sound 
     recording preservation program, in conjunction with other 
     sound recording archivists, educators and historians, 
     copyright owners, recording industry representatives, and 
     others involved in activities related to sound recording 
     preservation, and taking into account studies conducted by 
     the Board.
       (b) Contents of Program Specified.--The program established 
     under subsection (a) shall--
       (1) coordinate activities to assure that efforts of 
     archivists and copyright owners, and others in the public and 
     private sector, are effective and complementary;
       (2) generate public awareness of and support for these 
     activities;
       (3) increase accessibility of sound recordings for 
     educational purposes;
       (4) undertake studies and investigations of sound recording 
     preservation activities as needed, including the efficacy of 
     new technologies, and recommend solutions to improve these 
     practices; and
       (5) utilize the audiovisual conservation center of the 
     Library of Congress at Culpeper, Virginia, to ensure that 
     preserved sound recordings included in the National Recording 
     Registry are stored in a proper manner and disseminated to 
     researchers, scholars, and the public as may be appropriate 
     in accordance with title 17, United States Code, and the 
     terms of any agreements between the Librarian and persons who 
     hold copyrights to such recordings.

     SEC. 112. PROMOTING ACCESSIBILITY AND PUBLIC AWARENESS OF 
                   SOUND RECORDINGS.

       The Librarian shall carry out activities to make sound 
     recordings included in the National Recording Registry more 
     broadly accessible for research and educational purposes and 
     to generate public awareness and support of the Registry and 
     the comprehensive national sound recording preservation 
     program established under this subtitle.

           Subtitle C--National Recording Preservation Board

     SEC. 121. ESTABLISHMENT.

       The Librarian shall establish in the Library of Congress a 
     National Recording Preservation Board whose members shall be 
     selected in accordance with the procedures described in 
     section 122.

     SEC. 122. APPOINTMENT OF MEMBERS.

       (a) Selections From Lists Submitted by Organizations.--
       (1) In general.--The Librarian shall request each 
     organization described in paragraph (2) to submit a list of 3 
     candidates qualified to serve as a member of the Board. The 
     Librarian shall appoint one member from each such list, and 
     shall designate from that list an alternate who may attend at 
     Board expense those meetings which the individual appointed 
     to the Board cannot attend.
       (2) Organizations described.--The organizations described 
     in this paragraph are as follows:
       (A) National Academy of Recording Arts and Sciences 
     (NARAS).
       (B) Recording Industry Association of America (RIAA).
       (C) Association for Recorded Sound Collections (ARSC).
       (D) American Society of Composers, Authors and Publishers 
     (ASCAP).
       (E) Broadcast Music, Inc. (BMI).
       (F) Songwriters Association (SESAC).
       (G) American Federation of Musicians (AF of M).
       (H) Music Library Association.
       (I) American Musicological Society.
       (J) National Archives and Record Administration.
       (K) National Association of Recording Merchandisers (NARM).
       (L) Society for Ethnomusicology.
       (M) American Folklore Society.
       (N) Country Music Foundation.
       (O) Audio Engineering Society (AES).
       (P) National Academy of Popular Music.
       (Q) Digital Media Association (DiMA).
       (b) Other Members.--In addition to the members appointed 
     under subsection (a), the Librarian may appoint not more than 
     5 members-at-large. The Librarian shall select an alternate 
     for each member-at-large, who may attend at Board expense 
     those meetings that the member-at-large cannot attend.
       (c) Chair.--The Librarian shall appoint one member of the 
     Board to serve as Chair.
       (d) Term of Office.--
       (1) Terms.--The term of each member of the Board shall be 4 
     years, except that there shall be no limit to the number of 
     terms that any individual member may serve.
       (2) Removal of member of organization.--The Librarian shall 
     have the authority to remove any member of the Board (or, in 
     the case of a member appointed under subsection (a)(1), the 
     organization that such member represents) if the member or 
     organization over any consecutive 2-year period fails to 
     attend at least one regularly scheduled Board meeting.
       (3) Vacancies.--A vacancy in the Board shall be filled in 
     the manner in which the original appointment was made under 
     subsection (a), except that the Librarian may fill the 
     vacancy from a list of candidates previously submitted by the 
     organization or organizations involved. Any member appointed 
     to fill a vacancy shall be appointed for the remainder of the 
     term of the member's predecessor.

     SEC. 123. SERVICE OF MEMBERS; MEETINGS.

       (a) Reimbursement of Expenses.--Members of the Board shall 
     serve without pay, but may receive travel expenses, including 
     per diem in lieu of subsistence, in accordance with sections 
     5702 and 5703 of title 5, United States Code.
       (b) Conflict of Interest.--The Librarian shall establish 
     rules and procedures to address any potential conflict of 
     interest between a member of the Board and responsibilities 
     of the Board.
       (c) Meetings.--The Board shall meet at least once each 
     fiscal year. Meetings shall be at the call of the Librarian.
       (d) Quorum.--11 members of the Board shall constitute a 
     quorum for the transaction of business.

     SEC. 124. RESPONSIBILITIES OF BOARD.

       (a) Review and Recommendation of Nominations for National 
     Recording Registry.--
       (1) In general.--The Board shall review nominations of 
     sound recordings submitted to it for inclusion in the 
     National Recording Registry and advise the Librarian, as 
     provided in subtitle A, with respect to the inclusion of such 
     recordings in the Registry and the preservation of these and 
     other sound recordings that are culturally, historically, or 
     aesthetically significant.
       (2) Source of nominations.--The Board shall consider for 
     inclusion in the National Recording Registry nominations 
     submitted by the general public as well as representatives of 
     sound recording archives and the sound recording industry 
     (such as the guilds and societies representing sound 
     recording artists) and other creative artists.
       (b) Study and Report on Sound Recording Preservation and 
     Restoration.--The Board shall conduct a study and issue a 
     report on the following issues:
       (1) The current state of sound recording archiving, 
     preservation and restoration activities.
       (2) Taking into account the research and other activities 
     carried out by or on behalf of the National Audio-Visual 
     Conservation Center at Culpeper, Virginia--
       (A) the methodology and standards needed to make the 
     transition from analog ``open reel'' preservation of sound 
     recordings to digital preservation of sound recordings; and
       (B) standards for access to preserved sound recordings by 
     researchers, educators, and other interested parties.

[[Page H6848]]

       (3) The establishment of clear standards for copying old 
     sound recordings (including equipment specifications and 
     equalization guidelines).
       (4) Current laws and restrictions regarding the use of 
     archives of sound recordings, including recommendations for 
     changes in such laws and restrictions to enable the Library 
     of Congress and other nonprofit institutions in the field of 
     sound recording preservation to make their collections 
     available to researchers in a digital format.
       (5) Copyright and other laws applicable to the preservation 
     of sound recordings.

     SEC. 125. GENERAL POWERS OF BOARD.

       (a) In General.--The Board may, for the purpose of carrying 
     out its duties, hold such hearings, sit and act at such times 
     and places, take such testimony, and receive such evidence, 
     as the Librarian and the Board consider appropriate.
       (b) Service on Foundation.--Two sitting members of the 
     Board shall be appointed by the Librarian and shall serve as 
     members of the board of directors of the National Recording 
     Preservation Foundation, in accordance with section 152403 of 
     title 36, United States Code.

                     Subtitle D--General Provisions

     SEC. 131. DEFINITIONS.

       As used in this title:
       (1) The term ``Librarian'' means the Librarian of Congress.
       (2) The term ``Board'' means the National Recording 
     Preservation Board.
       (3) The term ``sound recording'' has the meaning given such 
     term in section 101 of title 17, United States Code.
       (4) The term ``publication'' has the meaning given such 
     term in section 101 of title 17, United States Code.
       (5) The term ``Registry version'' means, with respect to a 
     sound recording, the version of a recording first published 
     or offered for mass distribution whether as a publication or 
     a broadcast, or as complete a version as bona fide 
     preservation and restoration activities by the Librarian, an 
     archivist other than the Librarian, or the copyright legal 
     owner can compile in those cases where the original material 
     has been irretrievably lost or the recording is unpublished.

     SEC. 132. STAFF; EXPERTS AND CONSULTANTS.

       (a) Staff.--The Librarian may appoint and fix the pay of 
     such personnel as the Librarian considers appropriate to 
     carry out this title.
       (b) Experts and Consultants.--The Librarian may, in 
     carrying out this title, procure temporary and intermittent 
     services under section 3109(b) of title 5, United States 
     Code, but at rates for individuals not to exceed the daily 
     equivalent of the maximum rate of basic pay payable for level 
     15 of the General Schedule. In no case may a member of the 
     Board (including an alternate member) be paid as an expert or 
     consultant under this section.

     SEC. 133. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Librarian 
     for each of the first 7 fiscal years beginning on or after 
     the date of the enactment of this Act such sums as may be 
     necessary to carry out this title, except that the amount 
     authorized for any fiscal year may not exceed $250,000.

          TITLE II--NATIONAL RECORDING PRESERVATION FOUNDATION

     SEC. 201. NATIONAL RECORDING PRESERVATION FOUNDATION.

       (a) In General.--Part B of subtitle II of title 36, United 
     States Code, is amended by inserting after chapter 1523 the 
     following:

       ``CHAPTER 1524--NATIONAL RECORDING PRESERVATION FOUNDATION

``Sec.
``152401. Organization.
``152402. Purposes.
``152403. Board of directors.
``152404. Officers and employees.
``152405. Powers.
``152406. Principal office.
``152407. Provision and acceptance of support by Librarian of Congress.
``152408. Service of process.
``152409. Civil action by Attorney General for equitable relief.
``152410. Immunity of United States Government.
``152411. Authorization of appropriations.
``152412. Annual report.

     ``Sec. 152401. Organization

       ``(a) Federal Charter.--The National Recording Preservation 
     Foundation (in this chapter, the ``corporation'') is a 
     federally chartered corporation.
       ``(b) Nature of Corporation.--The corporation is a 
     charitable and nonprofit corporation and is not an agency or 
     establishment of the United States Government.
       ``(c) Perpetual Existence.--Except as otherwise provided, 
     the corporation has perpetual existence.

     ``Sec. 152402. Purposes

       ``The purposes of the corporation are to--
       ``(1) encourage, accept, and administer private gifts to 
     promote and ensure the preservation and public accessibility 
     of the nation's sound recording heritage held at the Library 
     of Congress and other public and nonprofit archives 
     throughout the United States; and
       ``(2) further the goals of the Library of Congress and the 
     National Recording Preservation Board in connection with 
     their activities under the National Recording Preservation 
     Act of 2000.

     ``Sec. 152403. Board of directors

       ``(a) General.--The board of directors is the governing 
     body of the corporation.
       ``(b) Members and Appointment.--(1) The Librarian of 
     Congress (hereafter in this chapter referred to as the 
     ``Librarian'') is an ex officio nonvoting member of the 
     board. Not later than 90 days after the date of the enactment 
     of this chapter, the Librarian shall appoint the directors to 
     the board in accordance with paragraph (2).
       ``(2)(A) The board consists of 9 directors.
       ``(B) Each director shall be a United States citizen.
       ``(C) At least 6 directors shall be knowledgeable or 
     experienced sound in recording production, distribution, 
     preservation, or restoration, including 2 who are sitting 
     members of the National Recording Preservation Board. These 6 
     directors shall, to the extent practicable, represent diverse 
     points of view from the sound recording community.
       ``(3) A director is not an employee of the Library of 
     Congress and appointment to the board does not constitute 
     appointment as an officer or employee of the United States 
     Government for the purpose of any law of the United States.
       ``(4) The terms of office of the directors are 4 years. An 
     individual may not serve more than two consecutive terms.
       ``(5) A vacancy on the board shall be filled in the manner 
     in which the original appointment was made.
       ``(c) Chair.--The Librarian shall appoint one of the 
     directors as the initial chair of the board for a 2-year 
     term. Thereafter, the chair shall be appointed and removed in 
     accordance with the bylaws of the corporation.
       ``(d) Quorum.--The number of directors constituting a 
     quorum of the board shall be established under the bylaws of 
     the corporation.
       ``(e) Meetings.--The board shall meet at the call of the 
     Librarian for regularly scheduled meetings.
       ``(f) Reimbursement of Expenses.--Directors shall serve 
     without compensation but may receive travel expenses, 
     including per diem in lieu of subsistence, in accordance with 
     sections 5702 and 5703 of title 5.
       ``(g) Liability of Directors.--Directors are not personally 
     liable, except for gross negligence.

     ``Sec. 152404. Officers and employees

       ``(a) Secretary of the Board.--(1) The Librarian shall 
     appoint a Secretary of the Board to serve as executive 
     director of the corporation. The Librarian may remove the 
     Secretary.
       ``(2) The Secretary shall be knowledgeable and experienced 
     in matters relating to--
       ``(A) sound recording preservation and restoration 
     activities;
       ``(B) financial management; and
       ``(C) fundraising.
       ``(b) Appointment of Officers.--Except as provided in 
     subsection (a) of this section, the board of directors 
     appoints, removes, and replaces officers of the corporation.
       ``(c) Appointment of Employees.--Except as provided in 
     subsection (a) of this section, the Secretary appoints, 
     removes, and replaces employees of the corporation.
       ``(d) Status and Compensation of Employees.--Employees of 
     the corporation (including the Secretary)--
       ``(1) are not employees of the Library of Congress;
       ``(2) shall be appointed and removed without regard to the 
     provisions of title 5 governing appointments in the 
     competitive service; and
       ``(3) may be paid without regard to chapter 51 and 
     subchapter III of chapter 53 of title 5, except that an 
     employee may not be paid more than the annual rate of basic 
     pay for level 15 of the General Schedule under section 5107 
     of title 5.

     ``Sec. 152405. Powers

       ``(a) General.--The corporation may--
       ``(1) adopt a constitution and bylaws;
       ``(2) adopt a seal which shall be judicially noticed; and
       ``(3) do any other act necessary to carry out this chapter.
       ``(b) Powers as Trustee.--To carry out its purposes, the 
     corporation has the usual powers of a corporation acting as a 
     trustee in the District of Columbia, including the power--
       ``(1) to accept, receive, solicit, hold, administer, and 
     use any gift, devise, or bequest, either absolutely or in 
     trust, of property or any income from or other interest in 
     property;
       ``(2) to acquire property or an interest in property by 
     purchase or exchange;
       ``(3) unless otherwise required by an instrument of 
     transfer, to sell, donate, lease, invest, or otherwise 
     dispose of any property or income from property;
       ``(4) to borrow money and issue instruments of 
     indebtedness;
       ``(5) to make contracts and other arrangements with public 
     agencies and private organizations and persons and to make 
     payments necessary to carry out its functions;
       ``(6) to sue and be sued; and
       ``(7) to do any other act necessary and proper to carry out 
     the purposes of the corporation.
       ``(c) Encumbered or Restricted Gifts.--A gift, devise, or 
     bequest may be accepted by the corporation even though it is 
     encumbered, restricted, or subject to beneficial interests of 
     private persons, if any current or future interest is for the 
     benefit of the corporation.

[[Page H6849]]

     ``Sec. 152406. Principal office

       ``The principal office of the corporation shall be in the 
     District of Columbia. However, the corporation may conduct 
     business throughout the States, territories, and possessions 
     of the United States.

     ``Sec. 152407. Provision and acceptance of support by 
       Librarian of Congress

       ``(a) Provision by Librarian.--(1) The Librarian may 
     provide personnel, facilities, and other administrative 
     services to the corporation. Administrative services may 
     include reimbursement of expenses under section 152403(f).
       ``(2) The corporation shall reimburse the Librarian for 
     support provided under paragraph (1) of this subsection. 
     Amounts reimbursed shall be deposited in the Treasury to the 
     credit of the appropriations then current and chargeable for 
     the cost of providing the support.
       ``(b) Acceptance by Librarian.--The Librarian may accept, 
     without regard to chapters 33 and 51 and subchapter III of 
     chapter 53 of title 5 and related regulations, the services 
     of the corporation and its directors, officers, and employees 
     as volunteers in performing functions authorized under this 
     chapter, without compensation from the Library of Congress.

     ``Sec. 152408. Service of process

       ``The corporation shall have a designated agent to receive 
     service of process for the corporation. Notice to or service 
     on the agent, or mailed to the business address of the agent, 
     is notice to or service on the corporation.

     ``Sec. 152409. Civil action by Attorney General for equitable 
       relief

       ``The Attorney General may bring a civil action in the 
     United States District Court for the District of Columbia for 
     appropriate equitable relief if the corporation--
       ``(1) engages or threatens to engage in any act, practice, 
     or policy that is inconsistent with the purposes in section 
     152402 of this title; or
       ``(2) refuses, fails, or neglects to carry out its 
     obligations under this chapter or threatens to do so.

     ``Sec. 152410. Immunity of United States Government

       ``The United States Government is not liable for any debts, 
     defaults, acts, or omissions of the corporation. The full 
     faith and credit of the Government does not extend to any 
     obligation of the corporation.

     ``Sec. 152411. Authorization of appropriations

       ``(a) Authorization.--There are authorized to be 
     appropriated to the corporation for each of the first 7 
     fiscal years beginning on or after the date of the enactment 
     of this chapter an amount not to exceed the amount of private 
     contributions (whether in currency, services, or property) 
     made to the corporation by private persons and State and 
     local governments.
       ``(b) Limitation Related to Administrative Expenses.--
     Except as permitted under section 152407, amounts authorized 
     under this section may not be used by the corporation for 
     administrative expenses of the corporation, including 
     salaries, travel, transportation, and overhead expenses.

     ``Sec. 152412. Annual report

       ``As soon as practicable after the end of each fiscal year, 
     the corporation shall submit a report to the Librarian for 
     transmission to Congress on the activities of the corporation 
     during the prior fiscal year, including a complete statement 
     of its receipts, expenditures, and investments.''.
       (b) Clerical Amendment.--The table of chapters for part B 
     of subtitle II of title 36, United States Code, is amended by 
     inserting after the item relating to chapter 1523 the 
     following new item:

``1524. National Recording Preservation Foundation............152401''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Ohio (Mr. Ney) and the gentleman from Maryland (Mr. Hoyer) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Ohio (Mr. Ney).
  Mr. NEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am here on behalf of the gentleman from California 
(Chairman Thomas) and the Committee on House Administration to bring 
before my colleagues a bill that is a public-private partnership. We 
help preserve national treasures so that all Americans will be able to 
access them.
  The need for this legislation, I believe, is clear. The physical 
condition of many of our Nation's important sound recordings is at risk 
due to the lack of proper restoration and preservation. With the 
National Recording Preservation Act of 2000, Congress creates a public-
private partnership which shall help ensure that these national 
treasures are preserved for future use and to be enjoyed by 
researchers, scholars, and the general public at large.
  The other need for the legislation is that this legislation creates a 
sound recording program at the Library of Congress that will complement 
the existing film preservation program and the national audiovisual 
conservation center at Culpeper, Virginia.
  The Culpeper facility, the film preservation program, and now the 
sound preservation program are all groundbreaking public-private 
partnerships that minimize taxpayers' investment while still ensuring 
the preservation of some of our greatest American treasures.
  Mr. Speaker, I would like to thank the gentleman from Maryland (Mr. 
Hoyer), the ranking member of the Committee on House Administration, 
the gentleman from Illinois (Mr. Hyde), the chairman of the Committee 
on the Judiciary, and the Library of Congress, interested Members and 
the sound recording industry for working with us to make this 
legislation possible. Also, of course, the staff of the Committee on 
House Administration on both sides of the aisle.
  In brief, the sound preservation program has three components, 
providing for the creation of, number one, a national sound recording 
registry on which recordings slated for restoration and preservation 
will be indexed; the second is a national sound recording preservation 
board, which shall establish preservation protocols, to provide 
expertise and access to the recordings in this collection, and raise 
private funds for the restoration and preservation of selected 
recordings. Now, the bill does authorize a maximum of $250,000 for the 
annual operation of the board.
  Finally, the third thing it does is a foundation to provide for the 
raising of private funds, which we all know is very important.
  These components working together will ensure that the American 
public has access to the benefit of important sound recordings with a 
minimum of public investment.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HOYER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am pleased to join in support of this legislation. I 
join the gentleman from Ohio (Mr. Ney), my friend, who serves with me 
on the Committee on House Administration, in bringing this bill to the 
floor. I am not only pleased but honored to support H.R. 4846, the 
National Recording Preservation Act of 2000.
  Mr. Speaker, I would like to thank my colleague, the gentleman from 
California (Mr. Thomas), the distinguished chairman of the Committee on 
House Administration, for his hard work helping to get this legislation 
to the floor today, and of course, as I have already mentioned, the 
gentleman from Ohio (Mr. Ney), my colleague who is also a member of the 
Committee on House Administration.
  Mr. Speaker, for over 120 years, more than half the life of our 
Nation, America's music, news and voice has been recorded. From ``Mary 
Had a Little Lamb,'' the first recorded words, through Franklin 
Roosevelt's fireside chats, through today's legislative debates, the 
history of our great country has been broadcast and recorded through 
sound.
  Unfortunately, Mr. Speaker, every day, a piece of this history is 
lost. The sounds of our past, the statesman appealing to our ideals, 
the singer touching our emotions, the poet romancing our souls, are 
fading. Soon, they will merely be memories. And once those memories 
fade, so, too, will a large portion of our Nation's history.
  Today, we have a historic opportunity to protect our audio history. 
Modeled on the highly successful National Film Preservation Act, which 
Congress enacted in 1988, this bill will create and implement a 
comprehensive national strategy for protecting and preserving our 
sound-recorded heritage.
  It establishes a national recording registry in the Library of 
Congress to identify, maintain, and preserve sound recordings that are 
culturally and historically significant.
  It further creates a national recording preservation board to assist 
the librarian in implementing a comprehensive national recording 
preservation program. And it establishes lastly a National Recording 
Preservation Foundation, as the gentleman from Ohio (Mr. Ney) has 
pointed out, to encourage private gifts to enhance our recording 
heritage.
  This foundation will create partnerships with the recording industry 
that

[[Page H6850]]

will decrease the costs of preservation for the Government and increase 
the benefits for the people of our Nation.
  This bill will preserve our past and give a gift to our future. I am 
sure that my colleagues will join with the gentleman from Ohio (Mr. 
Ney) and me who enthusiastically support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. NEY. Mr. Speaker, again, I want to thank the gentleman from 
Maryland (Mr. Hoyer) for his good work on this bill and also the 
gentleman from California (Chairman Thomas).
  Mr. Speaker, I include for the Record the exchange of letters with 
the gentleman from Illinois (Mr. Hyde), the Chairman of the Committee 
on the Judiciary, through which the gentleman agreed to waive the 
committee's right to mark up this legislation.

         Congress of the United States, House of Representatives, 
           Committee on House Administration,
                                    Washington, DC, July 18, 2000.
     Hon. Henry J. Hyde,
     Chairman, Committee on the Judiciary, Rayburn House Office 
         Building, Washington, DC.
       Dear Mr. Chairman: On July 13, 2000, I introduced H.R. 
     4846, the National Recording Preservation Act of 2000, a bill 
     designed to ensure that important sound recordings are 
     restored and preserved for the future. In crafting this 
     legislation, I have worked closely with Rep. Steny Hoyer, the 
     Library of Congress, representatives of the sound recording 
     industry and staff from the Subcommittee on Intellectual 
     Property. The bill was referred to the Committee on House 
     Administration and the Committee on the Judiciary.
       I am writing to request that Committee on the Judiciary 
     waive its jurisdiction over H.R. 4846, so that the Committee 
     on House Administration may expeditiously bring this bill, 
     for which there is broad bipartisan support, before the 
     House.
       Thank you for your consideration in this matter. If you 
     have any questions or require additional information, please 
     contact Steve Miller at 225-8281.
           Best regards,
                                                      Bill Thomas,
     Chairman.
                                  ____

         Congess of the United States, House of Representatives, 
           Committee on the Judiciary,
                                    Washington, DC, July 24, 2000.
     Hon. Bill Thomas,
     Chairman, Committee on House Administration, Longworth House 
         Office Building, Washington, DC.
       Dear Chairman Thomas: I am writing to you concerning the 
     bill H.R. 4846, the ``National Recording Preservation Act of 
     2000''.
       As you know, this bill contains language which falls within 
     the Rule X jurisdiction of this committee relating to the 
     Copyright Act. I understand that you would like to proceed 
     expeditiously to the floor on this matter. I am willing to 
     waive our committee's right to mark up this bill. However, 
     this, of course, does not waive our jurisdiction over the 
     subject matter on this or similar legislation, or our desire 
     to be conferees on this bill should it be subject to a House-
     Senate conference committee.
       I would appreciate your placing this exchange of letters in 
     the Congressional Record. Thank your for your cooperation on 
     this matter.
           Sincerely,
                                                    Henry J. Hyde,
                                                         Chairman.

  Mr. Speaker, I reserve the balance of my time.
  Mr. HOYER. Mr. Speaker, I yield 4 minutes to the gentlewoman from 
Missouri (Ms. McCarthy).
  Ms. McCARTHY of Missouri. Mr. Speaker, I thank the gentleman from 
Maryland (Mr. Hoyer) for yielding me the time.
  Mr. Speaker, I rise today in support of the National Recording 
Preservation Act of 2000, known affectionately as the Grammy bill. As a 
member of the Congressional Arts Caucus and the National Academy of 
Recording Arts and Sciences who produced the Grammys, I am a firm 
believer in the power of recorded music.
  The preservation of our audio history is critical to sustain our 
cultural past for future generations. The Thomas-Hoyer bill, which I am 
proud to cosponsor, would establish a national recording registry in 
the Library of Congress to preserve recordings that are culturally, 
historically, or aesthetically significant to us as Americans.
  Many of these recordings are in jeopardy because they were originally 
created on a type of media such as wax cylinders, Depression-era disks, 
or wire recordings, that have not endured the passage of time well, or 
require special apparatus to play that is rare or no longer exists at 
all.

                              {time}  1445

  It would be a tragedy to lose important compositions or recitations 
of our Nation's history when we have the ability to save them.
  An example near and dear to my heart is the compilation of works by 
Kansas City jazz great, Bennie Moten. Bennie and his band created the 
famous Kansas City swing style of jazz that later made Count Basie a 
star. Recording between 1923 and 1932, Bennie Moten's music is archived 
on 78 RPM records which require special equipment to play. If these 
precious musical works are not preserved, Bennie Moten's innovative 
sound that provided a foundation for other great artists will be lost 
forever.
  Mr. Speaker, it is not just music that would be robbed from us if we 
do not pass this critical legislation. Events from bygone eras have 
been recorded in sound as well as on paper. These recordings humanize 
the events we read about in textbooks and transport us to an 
understanding of our past more comprehensive than any history volume. 
During World War II, the Office of War Information recorded their 
broadcasts on disks that are in desperate need of preservation. These 
irreplaceable recordings include news about the war, music performances 
by war-era artists and speeches asserting our ideals and motives.
  Another treasure in jeopardy is the archives of the National Public 
Radio. NPR offers review and information about current events, as well 
as topical discussions. Unfortunately, these records are on tape which 
absorb moisture from the air. In order to save these historical sound 
documents for our children, the tape must be baked and recopied. 
Without this bill, these historical broadcasts will be lost.
  Mr. Speaker, the Grammy bill accomplishes a crucial task; 
safeguarding precious historical commemorations for generations to 
come. We all concede this protection is in place for our revered paper 
documents, such as the Declaration of Independence. It is time to 
bestow that same honor and respect on their audio counterparts.
  I commend the sponsors for their leadership, and urge my colleagues 
to support H.R. 4846.
  Mr. Speaker, I include the following for the Record.

              Treasures From the American Folklife Center

     (From Peggy Bulger, Director of the American Folklife Center)

       All in need of preservation.


                    I. Wax cylinder era (1890-1930s)

       1890--First field recording of folk music and folklore, as 
     Harvard's Jesse Walter Fewkes uses new Edison recording 
     machine to document songs and stories of Passamaquoddy Indian 
     Noel Joseph in Calais, Maine.
       1893--First recorded documentation of world music (I 
     think), including Kwakiutl. Fijian Samoan Wallis Island, 
     Javanese, and Turkish/Arabic music, made by Benjamin Ives 
     Gilman in various pavilions at the Columbian Exposition in 
     Chicago.
       1895--Pioneering woman ethnographer Alice Fletcher teams up 
     with her Omaha student, Francis LaFlasche, to record a 
     comprehensive sampling of Omaha Indian music (this may also 
     be the first recording under Bureau of American Ethnology 
     auspices).
       1895?--Bureau of American Ethnology begins a half century 
     of recorded documentation of American Indian music and 
     culture.
       1907-41--Frances Densmore's 2000+lifetime recordings of 
     American Indian music.
       1906-08--Percy Grainger's recordings of English folksongs, 
     including legendary English folksinger Joseph Taylor from 
     Lincolnshire (Note: The Center's recordings were copied onto 
     disc from the original cylinders when Grainger brought the 
     cylinders into the Library in a sack--an early preservation 
     effort).
       1906-10--First cowboy songs recorded by John Lomax, 
     including (??) ``Home on the Range''.
       1929-35--James Madison Carpenter's recordings of Scottish 
     ballad singer Belle Duncan.


                       ii. disc era (1930s-1940s)

       Woody Guthrie's repertory, recorded by Alan Lomax, 193--.
       Leadbelly's repertory, recorded by John and Alan Lomax, 
     193--.
       Leadbelly's ``Goodnight Irene'' (or did he record this 
     commercially first?).
       ``Rock Island Line,'' sung by Black prisoners in Cummins 
     State Farm, Arkansas, recorded by John Lomax (accompanied by 
     Leadbelly).
       ``Rock Island Line'' recorded by Leadbelly.
       The legendary interviews of Ferdinand ``Jelly Roll'' Morton 
     with Alan Lomax on the stage of Coolidge Auditorium at the 
     Library of Congress, describing the origins of jazz based on 
     his personal experiences and observations, 1938.

[[Page H6851]]

       The Library of Congress/Fisk University Coahoma County (MS) 
     Project--recordings by Alan Lomax and John Work of the entire 
     spectrum of African American music in the Mississippi Delta, 
     1941-42 (includes the two following items).
       Muddy Waters (McKinley Morganfield)--the original Delta 
     field recordings by Alan Lomax in 1941-42 (?), when Muddy 
     Waters was a young man and before he went north to Chicago, 
     electrified, and helped start the modern Rhythm and Blues 
     style.
       Eddie ``Son'' House--Mississippi Delta field recordings of 
     the legendary blues singer by Alan Lomax, 1941?
       ``Bonaparte's Retreat'' played on fiddle by Bill Stepp of 
     Salyersville, KY, 1937, recorded by Alan Lomax--the source of 
     the famous ``Hoedown'' music by Aaron Copeland's Rodeo.
       Willard Rhodes/Bureau of Indian Affairs Collection, the 
     most comprehensive effort to document American Indian music 
     in the post-WW2 period.
       American Dialect Society Collection--early documentation of 
     American speech and dialect.
       Alan Lomax Michigan collection (1938?)--includes both urban 
     blues and various unusual ethnic traditions (Here's an 
     example of a disc collection that, because of the particular 
     composition of the acetate discs, is flaking and falling 
     apart as we speak).


                   iii. Wire recordings (ca. 1947-65)

                      iv. tape era (1947-present)

       Paul Bowles Moroccan Collection--60 to 70 7'' tapes 
     recorded by noted author/composer Paul Bowles with the 
     assistance of the Library of Congress, surveying the music of 
     Morocco.

  Mr. HOYER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to thank the gentlewoman from Missouri (Ms. 
McCarthy), for her leadership and support of this effort. She has been 
very much involved in bringing the bill to this point, and I certainly 
appreciate her support on the floor.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. NEY. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Sununu). The question is on the motion 
offered by the gentleman from Ohio (Mr. Ney) that the House suspend the 
rules and pass the bill, H.R. 4846, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________