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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.
                              ----------                              


                      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.

           *       *       *       *       *       *       *

                              ----------                              


                 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.

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