[Congressional Record Volume 154, Number 91 (Wednesday, June 4, 2008)]
[House]
[Pages H4899-H4901]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LIBRARY OF CONGRESS SOUND RECORDING AND FILM PRESERVATION PROGRAMS
REAUTHORIZATION ACT OF 2008
Mr. BRADY of Pennsylvania. Mr. Speaker, I move to suspend the rules
and pass the bill (H.R. 5893) to reauthorize the sound recording and
film preservation programs of the Library of Congress, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5893
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 ``Library of Congress Sound
Recording and Film Preservation Programs Reauthorization Act
of 2008''.
SEC. 2. SOUND RECORDING PRESERVATION PROGRAMS.
(a) National Recording Preservation Board.--
(1) Reauthorization.--
(A) In general.--Section 133 of the National Recording
Preservation Act of 2000 (2 U.S.C. 1743) is amended by
striking ``for each of the first 7 fiscal years beginning on
or after the date of the enactment of this Act'' and
inserting ``for the first fiscal year beginning on or after
the date of the enactment of this Act and each succeeding
fiscal year through fiscal year 2016''.
(B) Effective date.--The amendment made by subparagraph (A)
shall take effect as if included in the enactment of the
National Recording Preservation Act of 2000.
(2) Criteria for removal of members.--Section 122(d)(2) of
such Act (2 U.S.C. 1722(d)(2)) is amended to read as follows:
``(2) Removal of members.--The Librarian shall have the
authority to remove any member of the Board if the member
fails, after receiving proper notification, to attend (or
send a designated alternate to attend) a regularly scheduled
Board meeting, or if the member is determined by the
Librarian to have substantially failed to fulfill the
member's responsibilities as a member of the Board.''.
(b) National Recording Preservation Foundation.--
(1) Reauthorization.--
(A) In general.--Section 152411(a) of title 36, United
States Code, is amended by striking ``for each of the first 7
fiscal years beginning on or after the date of the enactment
of this chapter'' and inserting ``for the first fiscal year
beginning on or after the date of the enactment of this
chapter and each succeeding fiscal year through fiscal year
2016''.
(B) Effective date.--The amendment made by subparagraph (A)
shall take effect as if included in the enactment of the
National Recording Preservation Act of 2000.
(2) Permitting board members to serve more than 2 terms.--
Section 152403(b)(4) of such title is amended by striking the
second sentence.
(3) Permitting board to determine location of principal
office.--
(A) In general.--Section 152406 of such title is amended by
striking ``District of Columbia.'' and inserting ``District
of Columbia or another place as determined by the Board of
Directors.''.
(B) Conforming amendment.--Section 152405(b) of such title
is amended by striking ``District of Columbia,'' and
inserting ``jurisdiction in which the principal office of the
corporation is located,''.
(4) Clarification of limitation on use of funds for
administrative expenses.--Section 152411(b) of such title is
amended to read as follows:
``(b) Limitation Related to Administrative Expenses.--
Amounts authorized under this section may not be used by the
corporation for management and general or fundraising
expenses as reported to the Internal Revenue Service as part
of an annual information return required under the Internal
Revenue Code of 1986.''.
SEC. 3. FILM PRESERVATION PROGRAMS.
(a) National Film Preservation Board.--
(1) Reauthorization.--
(A) In general.--Section 112 of the National Film
Preservation Act of 1996 (2 U.S.C. 179v) is amended by
inserting after ``the Librarian'' the following: ``for the
first fiscal year beginning on or after the date of the
enactment of this Act and each succeeding fiscal year through
fiscal year 2016''.
(B) Conforming amendment.--Section 113 of such Act (2
U.S.C. 179w) is amended by striking the first sentence.
(C) Effective date.--The amendments made by this paragraph
shall take effect as if included in the enactment of the
National Film Preservation Act of 1996.
(2) Expanding authorized uses of seal.--Section 103(b) of
such Act (2 U.S.C. 179m(b)) is amended by adding at the end
the following: ``The Librarian may authorize the use of the
seal by the Library or by others for other limited purposes
in order to promote in the National Film Registry when
exhibiting, showing, or otherwise disseminating films in the
Registry.''.
(3) Updating names of organizations represented on board.--
Section 104(a)(1) of such Act (2 U.S.C. 179n(a)(1)) is
amended--
(A) in subparagraph (E), by striking ``Cinema'' and
inserting ``Cinema and Media'';
(B) in subparagraph (G), by striking ``Department of Film
and Television'' and inserting ``Department of Film,
Television, and Digital Media'';
(C) in subparagraph (H), by striking ``Film and
Television'' and inserting ``Cinema Studies''; and
(D) by amending subparagraph (L) to read as follows:
``(L) Screen Actors Guild.''.
(b) National Film Preservation Foundation.--
(1) Reauthorization.--Section 151711(a) of title 36, United
States Code, is amended to read as follows: by inserting
after the first sentence the following:
``(a) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Library of Congress amounts necessary to carry out
this chapter, not to exceed--
``(A) $530,000 for each of the fiscal years 2005 through
2009;
``(B) $750,000 for each of the fiscal years 2010 through
2011; and
``(C) $1,000,000 for each of the fiscal years 2012 through
2016.
``(2) Matching.--The amounts authorized to be appropriated
under this subsection are to be made available to the
corporation to match any private contributions (whether in
currency, services, or property) made to the corporation by
private persons and State and local governments.''.
(2) Repatriation of films from foreign archives as purpose
of foundation.--Section 151702(1) of such title is amended by
striking ``United States;'' and inserting ``United States and
the repatriation of American films from foreign archives;''.
(3) Extension of deadline for filling vacancies in
membership of board of directors.--Section 151703(b)(5) of
such title is amended by striking ``60 days'' and inserting
``120 days''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Brady) and the gentleman from Michigan (Mr. Ehlers)
each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. BRADY of Pennsylvania. Mr. Speaker, I ask unanimous consent that
all Members have 5 legislative days to revise and extend their remarks
in the Record and to include extraneous matter.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. BRADY of Pennsylvania. Mr. Speaker, I yield myself such time as I
may consume.
This bill reauthorizes the Sound Recording and Film Preservation
Programs of the Library of Congress through the year 2016.
The National Film Preservation Board was created in 1988 to address
the rapid deterioration of important films. The Film Preservation Board
is responsible for identifying and preserving films they deem are
``culturally, historically, or aesthetically significant.'' Along with
the National Film Preservation Foundation, the Film Preservation Board
ensures that all generations from all over the world will be able to
view these remarkable films and experience their power and importance
firsthand.
The National Recording Preservation Board was created by the National
Recording Preservation Act of 2000. There are currently 225 entries in
the National Recording Registry, and that number may only continue to
grow. From music to historical speeches, the
[[Page H4900]]
Recording Preservation Board makes certain that future generations can
experience these historically important and powerful sounds that helped
shape decades.
It is necessary that we reauthorize the Recording and Film Boards to
allow them to continue their vital mission. We will see to it that
those who come after us will be able to listen to and witness those
sounds and sights that are essential to our national heritage.
House of Representatives,
Committee on the Judiciary,
Washington, DC, June 4, 2008.
Hon. Robert A. Brady,
Chairman, Committee on House Administration,
House of Representatives, Washington, DC.
Dear Chairman Brady: This is to advise you that, as a
result of your working with us to make appropriate revisions
to provisions in H.R. 5893, the Library of Congress Sound
Recording and Film Preservation Programs Reauthorization Act
of 2008, that fall within the rule X jurisdiction of the
Committee on the Judiciary, we are able to agree to
discharging our committee from further consideration of the
bill in order that it may proceed without delay to the House
floor for consideration.
The Judiciary Committee takes this action with the
understanding that by foregoing further consideration of H.R.
5893 at this time, we do not waive any jurisdiction over
subject matter contained in this or similar legislation. We
also reserve the right to seek appointment of an appropriate
number of conferees to any House-Senate conference involving
this important legislation, and request your support if such
a request is made.
I would appreciate your including this letter in the
Congressional Record during consideration of the bill on the
House floor. Thank you for your attention to this request,
and for the cooperative relationship between our two
committees.
Sincerely,
John Conyers, Jr.,
Chairman.
____
House of Representatives, Committee on House
Administration,
Washington, DC, June 4, 2008.
Hon. John Conyers,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding your
committee's jurisdictional interest in H.R. 5893, a bill to
reauthorize the sound recording and film preservation
programs of the Library of Congress.
I appreciate your willingness to support expediting floor
consideration of this important legislation today. I
understand and agree that this is without prejudice to your
Committee's jurisdictional interests in this or similar
legislation in the future. In the event a House-Senate
conference on this or similar legislation is convened, I
would support your request for an appropriate number of
conferees.
I will place a copy of your letter and this response in the
Congressional Record during consideration of H.R. 5893. Thank
you for your cooperation as we work towards enactment of this
legislation.
Sincerely,
Robert A. Brady,
Chairman.
Mr. Speaker, I reserve the balance of my time.
Mr. EHLERS. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of H.R. 5893, which will reauthorize the
Library of Congress's Sound Record and Film Preservation Program. It is
an important bill, which will preserve the images and sounds of our
Nation's history and make those pieces of the past more accessible to
future generations.
The importance of this effort was illustrated just this weekend when
Universal Studios in California had a mammoth fire in which some
priceless films were lost, and all films, if they were recorded and in
the Library of Congress, would not face this problem.
The National Film Preservation Board was formed in 1993 following a
study that revealed that America's film heritage was at serious risk
due to the degradation of acetate film stock at an alarming rate.
Funding for preservation programs had fallen drastically since 1980,
creating an urgent need for action. A national plan to protect our
Nation's treasures on film was created in 1994 to address the growing
need for preservation and to make films more available for education
and public exhibition.
I must confess, Mr. Speaker, to some frustration that we have to come
in and save the films that the film industry has not taken care of.
Obviously they're making enough money when they pull down $300 million
in one weekend for certain films. I would think they would have the
wherewithal to preserve their own films. Nevertheless, since they have
not, the Congress has had to step in to do it.
In 1999 Congress created the Sound Recording Preservation Program
modeled on the successful National Film Preservation Program. This new
program would protect historic pieces of audio recordings from
deterioration. These audio recordings are extremely important and
should be preserved as well. Through the creation of this program, the
Sound Recording Preservation Board was instructed to produce a report
on the current state of sound recording archiving, preservation and
restoration activities, encompassing standards for digital preservation
and for access to preserved recordings. The program also includes
research on current laws governing sound preservation and how the
Library and other institutions can make collections more available to
researchers digitally.
This bill will continue the good work started by the Sound Recording
and Film Preservation Program staff and their respective boards.
Historians, scholars, and citizens will benefit from increased access
to these important works, and the items themselves will be preserved
for many more generations to come under these programs.
I fully support this bill and thank Chairman Brady for his efforts to
bring this matter to the floor.
Mr. Speaker, I reserve the balance of my time.
Mr. BRADY of Pennsylvania. Mr. Speaker, it is now my pleasure to
yield 2 minutes to the gentleman from Illinois (Mr. Davis).
Mr. DAVIS of Illinois. I want to thank Chairman Brady for yielding,
and I also want to commend him for the introduction of this
legislation.
Mr. Speaker, I have always been a great fan of libraries, and,
obviously, I'm a great fan of the Library of Congress. And I believe
that having as much information and material as we can possibly have is
of great benefit not only to the preservation of our history and
culture but also a benefit to those who are seeking information, those
who want to be educated in many of the different and various ways that
education takes place. So I rise in strong support of this legislation.
Mr. EHLERS. Mr. Speaker, I have no further requests for time, so I
will attempt to conclude here.
I just want to recognize the good work that the board has done, the
importance of the preservation of both visual and audio recordings, as
Mr. Davis has just said. And it may be that 100, 150 years from now,
someone will resurrect Pavarotti, Dizzy Gillespie, Ella Fitzgerald,
some of the great musicians of our time, and say look what we have lost
in our culture, and we may see a rejuvenation of those.
So I strongly support this bill and urge its passage.
Mr. CONYERS. Mr. Speaker, we cannot allow our cultural, historical or
visually significant treasures to disappear into the fog of time. That
is why I fully support both reauthorizations contained within H.R.
5893.
Our written traditions have libraries which archive and preserve
them. The program we reauthorize today provides a mechanism for similar
archiving for sound and visual arts, encouraging their preservation and
accessibility for ourselves and for future generations despite rapid
changes in visual and sound recording media.
H.R. 5893 would reauthorize the sound recording and film preservation
programs of the Library of Congress and make a few small changes to
improve the efficiency and effectiveness of the programs such as by
encouraging more active participation by board members.
I am particularly interested in the progress of the Library of
Congress on its study and report on sound recordings. In speaking with
members of the artist community, it has become clear to me that art
forms such as jazz are not being archived, preserved, and restored to
the extent necessary to prevent the disappearance of some of the older
recordings. This reauthorization will enable the Library of Congress to
continue the study and report on ways the National Recording
Preservation Board can better ensure the continued availability of
seminal pieces of historical jazz and other forms of music.
This country, indeed the world, recently lost a music great, a
pioneer who helped lead rhythm and blues into rock and roll, an artist
of the highest esteem, ``Bo Diddley.'' Through the continuation of
these important archive programs, we can help make sure that Bo Diddley
and others will be long remembered for their special contributions to
our culture. Though we may mourn the passing of the musician, we need
never mourn the loss of the music.
[[Page H4901]]
Mr. EHLERS. Mr. Speaker, I yield back the balance of my time.
Mr. BRADY of Pennsylvania. Mr. Speaker, as always, I would like to
thank the ranking member, my friend from Michigan, for his cooperation,
and I urge an ``aye'' vote.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Brady) that the House suspend the
rules and pass the bill, H.R. 5893, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________