[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.

                          ____________________