36448 EXTENSIONS OF REMARKS, Vol. 153, Pt. 27 December 19, 2007 While I am encouraged by the many options, expressed ‘‘the intent of Congress’’ not to di- and philanthropic organization. In 1994, the I am concerned that the government seems to minish the royalties of the songwriters. Fur- USF Women’s Club endowed the Grace Allen be giving preference to one platform over the thermore, it includes the express indication Scholarship, and within the first ten years of that nothing in the Act shall adversely af- others by exempting over-the-air broadcasters fect the royalties to songwriters. being established, it awarded 119 full tuition from compensating owners of the music which scholarships for excellence in academics, they use to grow their business. This bill I do not want to suggest that this bill is a leadership, and service. seeks the appropriate balance between pro- ‘‘perfect’’ solution. But it is an appropriate Another endowed fund of the USF Women’s moting the creativity of music and fostering in- starting place. I know there are other parts of Club was given to the University in Mrs. Al- novation. Following is a section-by-section section 114 that need to be reformed as well, len’s name to provide funds to the university’s summary of the legislation: and therefore will begin to examine additional library. Section 1. Short title provisions in the coming months. Furthermore, The Allens were one of the first families to This Act may be cited as the ‘‘Performance I remain open to suggestions for amending the live in the Tampa neighborhood of Carroll- Rights Act.’’ language to improve its efficacy or rectify any wood, where Grace also made her mark. She Section 2. Equitable treatment for terrestrial unintended consequences. started a tradition where residents set lumi- broadcasts This bill attempts to strike a balance be- naries outside of their homes on Christmas This section repeals the exemption for ter- tween providing adequate protection to our Eve. Pilots have been known to divert their restrial broadcasters and makes conforming musicians and artists and continuing to sup- planes over the neighborhood to see the lights changes by deleting references to the word port new innovative technologies. My goal is each year. ‘‘digital’’ from the types of audio trans- to preserve the legitimate marketplace by pro- When John retired from the University in missions that are subject to a performance viding a technology neutral structure or at 1970, the Board of Regents named USF’s ad- right. With these changes, all terrestrial least one with parity for all services that ap- ministration building after John and Grace in (over-the-air) broadcast transmissions, in- propriately pay for the music. I hope the par- cluding analog audio transmissions, would be recognition of their lasting contributions to the subject to sound recording performance ties can work together to reach further con- university community. In 1996, USF awarded rights thereby providing parity for the tech- sensus on how to achieve parity between Grace the honorary degree of Doctorate of nologies currently covered under the section technologies and provide rightful compensa- Humane Letters. 114 license. tion to our artists and musicians. Until her death on December 16, 2007 at Section 3. Special treatment for small and non- We hope that with introduction of this com- the age of 99, Grace remained an active commercial Public Broadcasting stations; panion bill in the House to the Performance member of and advocate for the University of and religious stations and certain uses Rights Act in the Senate, Congress will act South ’s community. She is remem- This section would create an accommoda- quickly to level the playing field between tech- bered as a powerful spokesperson for aca- tion for certain qualifying broadcasters from nologies and ensure rightful compensation to demic excellence, and as a caring, spirited the negotiation and arbitrated rate-setting. performers. Instead, such broadcasters would pay a pre- woman by the countless friends, staff mem- scribed flat fee or would retain their current f bers and students whose lives she touched. The Tampa community honors the life of exemption. HONORING THE LIFE OF GRACE For small broadcasters who make revenue Grace Allen for her outstanding contributions CARLTON ALLEN less than $1.25 million and therefore are con- to the University of South Florida and the cerned about the uncertainty of the rate and Tampa Bay area. Her life serves as an inspi- the impact on the growth and viability of HON. ration and will continue to influence the lives their business—this section sets a flat an- OF FLORIDA of people in our community for years to come. nual royalty fee of $5,000 per year for any in- dividual station (even those part of a larger IN THE HOUSE OF REPRESENTATIVES f radio network) with no litigation, negotia- Tuesday, December 18, 2007 PERSONAL EXPLANATION tion, arbitration, royalty board proceeding or licensing costs. Ms. CASTOR. Madam Speaker, I rise today Furthermore, for non-commercial/public to honor the life and legacy of Grace Carlton HON. SUE WILKINS MYRICK broadcast stations (irrespective of size) the Allen, and to commend her contributions to OF NORTH CAROLINA rate is capped at $1,000 per year per station. the University of South Florida. IN THE HOUSE OF REPRESENTATIVES Finally, for those stations that broadcast ‘‘Amazing Grace,’’ as she was nicknamed religious services or make ‘‘incidental use of by former Tampa Congressman Sam Gibbons, Tuesday, December 18, 2007 musical sound recordings’’ such as brief mu- sical transitions in and out of commercials was born in North Dakota in 1908. She at- Mrs. MYRICK. Madam Speaker, I was un- or program segments, or brief performances tended the University of South Dakota and the able to participate in the following votes. If I during news, talk and sports programming University of Minnesota, where she graduated had been present, I would have voted as fol- there is an outright exemption. with degrees in English and Secondary Edu- lows: Section 4. Availability of per program license cation. After graduation, Allen taught high December 17, 2007: Rollcall vote 1163, on This section allows terrestrial radio sta- school English and secondary education. motion to suspend the rules and agree to the tions to obtain program licenses for sound She met her husband, John Allen at the resolution—H. Res. 856, expressing heartfelt recordings (at separately set rates), in lieu of University of Minnesota, and they married in sympathy for the victims and families of the blanket licenses. In some cases, a radio sta- 1933. The couple moved to Gainesville, Flor- shootings in Omaha, Nebraska, on Wednes- tion may not make many featured uses of ida in 1948, where her husband was ap- day, December 5, 2007—I would have voted music, for example a mixed-format station. pointed President of the , ‘‘aye.’’ In such cases, rather than requiring a station to pay a general blanket license fee in the and from 1954 to 1955, Grace served as the Rollcall vote 1164, on motion to suspend same amount paid by a station that pri- University of Florida’s interim First Lady. the rules and agree to the resolution—H. Res. marily makes featured uses of music, this In 1957, John was named as the first presi- 851, honoring local and state first responders, section requires the Copyright Royalty dent of a yet unnamed and newly established and the citizens of the Pacific Northwest in Board to establish a ‘‘per program license’’ university in Tampa. Grace and her husband facing the severe winter storm of December 2 so that such stations can choose only to pay moved to Tampa, where they would remain for and 3, 2007—I would have voted ‘‘aye.’’ for the music they use, which may be less the rest of their lives. As classes weren’t Rollcall vote 1165, on ordering the previous costly than the general blanket license. This scheduled to start until 1960, the Allens them- question—H. Res. 873, waiving a requirement parallels the licenses offered by the perform- ance rights organizations for performing the selves, shaped what would later be known as of clause 6(a) of rule XIII with respect to con- underlying musical copyright. the University of South Florida. sideration of certain resolutions reported from Section 5. No harmful effects on songwriters The summer before the University opened the Committee on Rules—I would have voted Finally, this section protects the song- its doors, ‘‘Amazing Grace’’ invited all of ‘‘nay.’’ writers from the impact of providing this USF’s wives and female staff members to her Rollcall vote 1166, on agreeing to the reso- new performance right. In the first instance, home. With this group of women, she estab- lution—H. Res. 873, waiving a requirement of the bill adopts the songwriters’ suggestion to lished the USF Women’s Club, which remains clause 6(a) of rule XIII with respect to consid- remove the prefatory language which merely active on campus today as a social, cultural, eration of certain resolutions reported from the

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