H. Rept. 114-703 - TO REAUTHORIZE THE SOUND RECORDING AND FILM PRESERVATION PROGRAMS OF THE LIBRARY OF CONGRESS, AND FOR OTHER PURPOSES114th Congress (2015-2016)
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114th Congress } { Rept. 114-703
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
TO REAUTHORIZE THE SOUND RECORDING AND FILM PRESERVATION PROGRAMS OF
THE LIBRARY OF CONGRESS, AND FOR OTHER PURPOSES
_______
July 25, 2016.--Ordered to be printed
_______
Mrs. Miller of Michigan, from the Committee on House Administration,
submitted the following
R E P O R T
[To accompany H.R. 4092]
[Including cost estimate of the Congressional Budget Office]
The Committee on House Administration, to whom was referred
the bill (H.R. 4092) to reauthorize the sound recording and
film preservation programs of the Library of Congress, and for
other purposes, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
Purpose and Summary
The authorizations for the Library of Congress' National
(Sound) Recording Preservation Board and National (Sound)
Recording Preservation Foundation, and the National Film
Preservation Board and National Film Preservation Foundation
are set to expire at the end of fiscal year 2016. H.R. 4092
would reauthorize these two vital programs through fiscal year
2026.
Background and Need for the Legislation
The Library of Congress' National Film Preservation Board
(NFPB) was created by Congress in 1988, and has numerous
responsibilities and outreach programs to promote the
preservation of film and film materials. The Board presently is
made up of 44 members who represent organizations throughout
the film community, including the industry, archivists, guilds
and others. Notable efforts include advising the Librarian on
national preservation planning policy and the annual selection
of film titles named to the National Film Registry, which is
widely used in curricula for K-12 and university classrooms
across the country. The Library has preserved many titles on
the Registry both through efforts in its own lab located in the
National Audio Visual Center in Culpeper, VA, and through
support to other archives holding the best material on Registry
elements. The Library has acquired over $2 million in Registry
film holdings its collection through the Board's work, and the
annual Registry announcement is used by many studios to
prioritize their own preservation efforts. Currently, under the
auspices of the Board, member organizations are discussing
various collaborative projects, including the repatriation of
``lost'' U.S. films found only in overseas archives, and the
creation of a National Screening Room, which would host still-
copyrighted-but-publicly-unavailable films and public domain
films preserved by archives throughout the U.S.
The National Film Preservation Foundation (NFPF) is the
private sector, charitable affiliate of the NFPB. It operates
with a 12-person Board of Directors, and was created by
Congress in 1996 to raise funds and distribute them through
grants to archivists and other preservation institutions
throughout the U.S. The Foundation has preserved over 2,200
films held by 266 non-profit institutions in all 50 states, and
produced influential publications related to film preservation
initiatives. The Foundation has produced influential
publications such as the Film Preservation Handbook and the
award-winning DVD series Treasures from American Film Archives.
Through 2015, the Foundation has raised $14 million in funds
and in-kind contributions from the motion picture industry,
film and preservation foundations, and other institutions.
The National Recording Preservation Board (NRPB) was
created by Congress in 2000. The Board presently has 44 members
who represent organizations throughout the recording community,
including the industry, archivists, guilds and others. Similar
to the NFPB, the Recording Preservation Board has many
responsibilities related to sound recording, including
developing studies and plans to assist archivists with
preservation methods and technologies. The Board also advises
the Librarian on recording preservation policy, and selects the
sound recording titles to be named to the National Recording
Registry. Successful outreach efforts include the Peabody-Award
winning radio series Inside the National Recording Registry,
which has been broadcast over the past few years on NPR and
Studio 360. Finally, the NRPB contributed to the acquisition of
the Universal Music Group collection and other donations to the
Library.
The National Recording Preservation Foundation is the
private sector, charitable affiliate of the NRPB. It was
created in 2000 by Congress and reauthorized in 2008. H.R. 4092
would increase the Board of Directors from 9 Directors to 12
Directors along with extending its authorization. In late 2015,
the Foundation awarded its first two grants, which were made
possible by donations from the private sector. As it raises
more money, the Foundation will be able to provide preservation
grants to archives, historical societies and libraries across
the country. It will fill a void not presently being addressed
adequately, given the massive amount of unpreserved recorded
sound collections in the United States.
Conclusion
H.R. 4092 extends critical programs that assist the Library
in carrying out preservation efforts in the film and recording
industries and further enhance its ability to carry out the
broader cultural mandate of collecting, preserving, and
disseminating information. The National Film and Recording
Boards and Foundations are valued by many stakeholders in the
music and film communities, and reauthorization is an extremely
high priority for the Library as a cost-effective way to carry
out preservation efforts in these industries.
Introduction and Referral
On November 19, 2015, Rep. Robert Brady (PA-1) introduced
H.R. 4092, which was referred to the Committee on House
Administration and the Committee on the Judiciary.
Hearings
There were no legislative hearings held on H.R. 4092.
Committee Consideration
On May 17, 2016, the Committee on House Administration met
to consider H.R. 4092. The Committee ordered the bill reported
favorably to the House without amendment by voice vote with a
quorum present.
Committee Record Votes
In compliance with House rule XIII, clause 3(b), requiring
the results of each record vote on an amendment or motion to
report, together with the names of those voting for and
against, to be printed in the Committee report, the Committee
states that there were no record votes during the Committee's
consideration of H.R. 4092.
Committee Oversight Findings and Recommendations
In compliance with House rule XIII, clause 3(c)(1), the
Committee states that the findings and recommendations of the
Committee, based on oversight activities under House rule X,
clause 2(b)(1), are incorporated into the general discussion
section of this report.
Statement of Budget Authority and Related Items
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 4902, from the
Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 6, 2016.
Hon. Candice Miller,
Chairman, Committee on House Administration,
House of Representatives, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4092, a bill to
reauthorize the sound recording and film preservation programs
of the Library of Congress, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Christina
Hawley Anthony.
Sincerely,
Keith Hall.
Enclosure.
H.R. 4092--A bill to reauthorize the sound recording and film
preservation programs of the Library of Congress, and for other
purposes
H.R. 4092 would authorize appropriations of $250,000 per
year through 2026 for each of the National Recording
Preservation Board and the National Film Preservation Board--
the same amount authorized under current law for those programs
through 2016. In addition, the bill would authorize
appropriations of up to $1 million each year to match donations
for each of the National Recording Preservation Foundation and
the National Film Preservation Foundation. Over the 2010-2014
period, the National Recording Preservation Foundation received
roughly $350,000 in donations and the National Film
Preservation Foundation received $3.4 million.
CBO estimates that implementing H.R. 4092 would cost $6
million over the 2017-2021 period and $12 million over the
2017-2026 period, assuming appropriation of the authorized
amounts and provided that future donations to the foundations
follow historical patterns.
Enacting H.R. 4092 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting the bill would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
H.R. 4092 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Christina Hawley
Anthony. This estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Performance Goals and Objectives
In compliance with House rule XIII, clause 3(c)(4), the
Committee states that the general discussion section of this
report includes a statement of the general performance goals
and objectives, including outcome-related goals and objectives.
Duplication of Federal Programs
In compliance with Sec. 3(g)(2) of H. Res. 5 (114th
Congress), the Committee states that no provision of the bill
establishes or reauthorizes: (1) a program of the Federal
Government known to be duplicative of another Federal program;
(2) a program included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139; or (3) a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance, published pursuant to the Federal Program
Information Act (Pub. L. No. 95-220, as amended by Pub. L. No.
98-169).
Disclosure of Directed Rule Makings
In compliance with Sec. 3(i) of H. Res. 5 (114th Congress),
the following statement is made concerning directed rule
makings: The Committee estimates that the bill requires no
directed rule makings within the meaning of such section.
Information Relating to Unfunded Mandates
This information is provided in accordance with section 423
of the Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-
4). The Committee has determined that the bill contains no
unfunded mandate on the private sector, nor does it impose a
Federal intergovernmental mandate on State, local, or tribal
governments.
Constitutional Authority Statement
Congress has the power to enact this legislation pursuant
to Article 1, Section 8 of the U.S. Constitution granting
Congress the authority to exercise exclusive legislation in all
cases whatsoever, over such District (not exceeding ten miles
square) as may, by cession of particular states, and the
acceptance of Congress, become the seat of the government of
the United States.
Advisory on Earmarks
In accordance with House rule XXI, clause 9, the Committee
states that H.R. 4092 does not contain any congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9(e), 9(f), or 9(g) of rule XXI.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
SECTION 133 OF THE NATIONAL RECORDING PRESERVATION ACT OF 2000
SEC. 133. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Librarian 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] through fiscal year 2026 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.
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TITLE 36, UNITED STATES CODE
* * * * * * *
SUBTITLE II--PATRIOTIC AND NATIONAL ORGANIZATIONS
* * * * * * *
PART B--ORGANIZATIONS
* * * * * * *
CHAPTER 1517--NATIONAL FILM PRESERVATION FOUNDATION
* * * * * * *
Sec. 151711. Authorization of appropriations
(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] through 2026.
(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.
(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.
* * * * * * *
CHAPTER 1524--NATIONAL RECORDING PRESERVATION FOUNDATION
* * * * * * *
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 [nine directors] 12 directors.
(B) Each director shall be a United States citizen.
(C) At least [six directors] 8 directors shall be
knowledgeable or experienced in sound recording
production, distribution, preservation, or restoration,
including two who are sitting members of the National
Recording Preservation Board. These [six directors] 8
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.
(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. 152411. Authorization of appropriations
(a) Authorization.--There are authorized to be appropriated
to the corporation 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 an amount not
to exceed] through fiscal year 2026 an amount not to exceed the
lesser of $1,000,000 or 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.--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.
* * * * * * *
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NATIONAL FILM PRESERVATION ACT OF 1996
TITLE I--REAUTHORIZATION OF THE NATIONAL FILM PRESERVATION BOARD
* * * * * * *
SEC. 112. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Librarian 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] through fiscal year 2026 such sums as may be
necessary to carry out the purposes of this title, but in no
fiscal year shall such sum exceed $250,000.
* * * * * * *
[all]