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HOUSE COMMITTEE ON ARMED SERVICES

NINETY-THIRD CONGRESS, SECOND SESSION

F. EDWARD HÉBERT, Louisiana, Chairman

MELVIN PRICE, Illinois

O. C. FISHER, Texas

CHARLES E. BENNETT, Florida
SAMUEL S. STRATTON, New York
OTIS G. PIKE, New York
RICHARD H. ICHORD, Missouri
LUCIEN N. NEDZI, Michigan
WILLIAM J. RANDALL, Missouri
CHARLES H. WILSON, California
ROBERT L. LEGGETT, California
FLOYD V. HICKS, Washington
RICHARD C. WHITE, Texas
BILL NICHOLS, Alabama
JACK BRINKLEY, Georgia
ROBERT H. (BOB) MOLLOHAN,
West Virginia

DAN DANIEL, Virginia

G. V. (SONNY) MONTGOMERY,
Mississippi

HAROLD RUNNELS, New Mexico
LES ASPIN, Wisconsin

RONALD V. DELLUMS, California
MENDEL J. DAVIS, South Carolina
JAMES R. JONES, Oklahoma
PATRICIA SCHROEDER, Colorado
JOHN P. MURTHA, Pennsylvania

WILLIAM G. BRAY, Indiana
LESLIE C. ARENDS, Illinois
BOB WILSON, California
CHARLES S. GUBSER, California
CARLETON J. KING, New York
WILLIAM L. DICKINSON, Alabama
JOHN E. HUNT, New Jersey

G. WILLIAM WHITEHURST, Virginia
FLOYD D. SPENCE, South Carolina
WALTER E. POWELL, Ohio

ROBERT PRICE, Texas

DAVID C. TREEN, Louisiana

WILLIAM L. ARMSTRONG, Colorado
GEORGE M. O'BRIEN, Illinois
ROBIN L. BEARD, Tennessee

DONALD J. MITCHELL, New York
MARJORIE S. HOLT, Maryland
ROBERT W. DANIEL, JR., Virginia
ELWOOD H. HILLIS, Indiana

PROFESSIONAL STAFF

FRANK M. SLATINSHEK, Chief Counsel
JOHN J. FORD, Professional Staff Member
RALPH MARSHALL, Professional Staff Member
GEORGE NORRIS, Counsel

JAMES F. SHUMATE, Counsel
WILLIAM H. HOGAN, Jr., Counsel

A. A. (AL) TINAJERO, Professional Staff Member
ANTHONY R. BATTISTA, Professional Staff Member
G. KIM WINCUP, Counsel

MICHAEL A. WEST, Executive Secretary

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PH

240094

HOUSE OF R COMMITTEE O

Washington, D.C., Tues

The committee met, pursuant to notice, at Rayburn House Office Building, Hon. F. Ed presiding.

The CHAIRMAN. The committee will be in Members of the committee, we have under bills. The first is H.R. 14401 to authorize mi the American Revolution Bicentennial. [H.R. 14401 is as follows:]

[H.R. 14401, 93d Cong., 2d

A BILL To authorize military band recordings
Revolution Bicentenni

Be it enacted by the Senate and House of Repres of America in Congress assembled, That, notwith of law, the United States Army Band, United Sta Air Force Band, and United States Marine Band in the production of a collection of recordings for tion with the American Revolution Bicentennial.

SEC. 2. The Secretary of Defense or his designee or contracts, under such terms as the Secretary o to be in the best interest of the Government, for t collection of recordings authorized by section 1 lection of recordings may be made (a) at such Defense or his designee may determine, and (b sources or by the Government, or both through c Government.

SEC. 3. Appropriations of the Department of Def the proceeds of sales for expenses of production recordings album authorized by this Act.

The CHAIRMAN. I have a brief backgroun explains it. I put in this bill at the request It was based on an idea they could sell the band on a commercial basis during the Bice

Opposing the bill was the local union, Kaufman, whom you all know by name a and I promised him we would pull the bill ready passed in subcommittee, but we wo

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order to let him talk. I can understand the union's basis in protecting their own interests, but this is something that is patriotic. This is something that is needed in the celebration, and we are going to have this nit-picking around, but if we have that we will not have this Bicentennial music. So that is the bill that is now before us. Mr. Fisher handled the bill. Mr. Fisher can make the report, and Mr. Hogan is the counsel, and together they can explain to you exactly what did take place.

Now, Mr. Fisher.

REPORT OF HON. O. C. FISHER, REPRESENTATIVE FROM THE STATE OF TEXAS, CHAIRMAN, SUBCOMMITTEE NO. 2

Mr. FISHER. Mr. Chairman, I have a brief statement regarding the bill. As you have stated, it would authorize the official military bands to make recordings and tapes for commercial sale commemorating the Bicentennial celebration during the Bicentennial era during the period January 1975 to the end of 1976. It is the desire of the Department of Defense to cooperate in the Bicentennial celebration by recalling the military traditions of the United States not only through various celebrations but also through the medium of military music.

It is envisioned that the military bands will produce a collection of recordings featuring heritage-related music which should add measurably to the overall programs for commemorating the Bicentennial. Participating in the project would be the U.S. Army Band, the U.S. Navy Band, the U.S. Air Force Band, and the U.S. Marine Band in a cooperative effort to record the commemorative music.

Traditionally, the Congress has been concerned with competition by military musicians with professional civilian musicians who depend upon their income as paid performers, and has enacted legislation to prohibit the military bands and the bandsmen from competing with civilian musicians. The Department of Defense feels that this legislation is necessary to make it possible for the production of commercial recordings on a one-time basis in order that the military bands may not only participate in the Bicentennial celebration but also promote the Bicentennial nationwide through distribution of appropriate recorded music.

There has been some objection from musicians' unions to which the chairman referred a moment ago-which appears to be based upon a notion that this legislation may be a foot-in-the-door proposition for future competition with civilian musicians. However, there is no such intention, and we understand that unless the military bands make these recordings there will be no other source of recorded Bicentennial band music under the auspices of the Bicentennial Administration.

The 100,000 units contemplated will be produced and distributed commercially with the cost of production and distribution financed. through the sales. The Department of Defense would provide initial funds and be reimbursed thereafter with any excess going into the general fund of the Treasury.

A minor amendment to the original bill substituting the words "collection of recordings" for the word "album" was made in subcommittee at the request of the Department of Defense to make it clear that the bill contemplates the production of tapes as well as records. Mr. Chairman, the subcommittee recommends highly the favorable consideration of this measure, as amended.

Mr. FISHER. The report so stipulates it aut U.S. Treasury, except for the actual cost of pro Mr. WHITE. All right.

to.

The CHAIRMAN. Any further discussion? Without objection, Mr. Fisher's motion to a

Mr. Fisher, you will follow through and pr of the House.

The next bill is H.R. 14349, to amend sectio States Code, to increase the number of auth Staff for the Army Staff.

Mr. WHITE. I don't see that provision of th Treasury.

The CHAIRMAN. All moneys go to the Trea fied otherwise.

Mr. BENNETT. Section 3 says defense produ are not specified go to the General Treasury.

Mr. WHITE. Appropriations of the Defen ment of Defense, may be reimbursed from t expenses of production and sale of the albun but it doesn't say anything about the profit.

Mr. FISHER. Well, the Government, the Dep very clear, and we have it in our report and it for the production of the recordings will go in The CHAIRMAN. This is the regular rout nothing new about it.

Mr. WHITE. All right.

The CHAIRMAN. The report on H.R. 14349[H.R. 14349 is as follows:]

[H.R. 14349, 93d Cong., 2d se

A BILL To amend section 3031 of title 10, United number of authorized Deputy Chiefs of Staff

Be it enacted by the Senate and House of Represer of America in Congress assembled, That section 3031 Code, is amended by striking out "three" in clause thereof "four".

Mr. FISHER. Mr. Chairman.

The CHAIRMAN. Mr. Fisher.

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