[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1734 Enrolled Bill (ENR)]
H.R.1734
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To reauthorize the National Film Preservation Board, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This title may be cited as the ``National Film Preservation Act of
1996''.

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TITLE I

-REAUTHORIZATION OF THE NATIONAL FILM PRESERVATION BOARD

The Librarian of Congress (hereafter in this Act referred to as the
``Librarian'') shall continue the National Film Registry established
and maintained under the National Film Preservation Act of 1988 (Public
Law 100-446), and the National Film Preservation Act of 1992 (Public
Law 102-307) pursuant to the provisions of this title, for the purpose
of maintaining and preserving films that are culturally, historically,
or aesthetically significant.

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(a) Powers.--
(1) In general.--The Librarian shall, after consultation with
the Board established pursuant to section 104--
(A) continue the implementation of the comprehensive
national film preservation program for motion pictures
established under the National Film Preservation Act of 1992,
in conjunction with other film archivists, educators and
historians, copyright owners, film industry representatives,
and others involved in activities related to film preservation,
taking into account the objectives of the national film
preservation study and the comprehensive national plan
conducted under the National Film Preservation Act of 1992.
This program shall--
(i) coordinate activities to assure that efforts of
archivists and copyright owners, and others in the public
and private sector, are effective and complementary;
(ii) generate public awareness of and support for these
activities;
(iii) increase accessibility of films for educational
purposes; and
(iv) undertake studies and investigations of film
preservation activities as needed, including the efficacy
of new technologies, and recommend solutions to improve
these practices;
(B) establish criteria and procedures under which films may
be included in the National Film Registry, except that no film
shall be eligible for inclusion in the National Film Registry
until 10 years after such film's first publication;
(C) establish procedures under which the general public may
make recommendations to the Board regarding the inclusion of
films in the National Film Registry; and
(D) determine which films satisfy the criteria established
under subparagraph (B) and qualify for inclusion in the
National Film Registry, except that the Librarian shall not
select more than 25 films each year for inclusion in the
Registry.
(2) Publication of films in registry.--The Librarian shall
publish in the Federal Register the name of each film that is
selected for inclusion in the National Film Registry.
(3) Seal.--The Librarian shall provide a seal to indicate that
a film has been included in the National Film Registry and is the
Registry version of that film. The Librarian shall establish
guidelines for approval of the use of the seal in accordance with
subsection (b).
(b) Use of Seal.--The seal provided under subsection (a)(3) may
only be used on film copies of the Registry version of a film. Such
seal may be used only after the Librarian has given approval to those
persons seeking to apply the seal in accordance with the guidelines
under subsection (a)(3). In the case of copyrighted works, only the
copyright owner or an authorized licensee of the copyright owner may
place or authorize the placement of the seal on any film copy of a
Registry version of a film selected for inclusion in the National Film
Registry, and the Librarian may place the seal on any film copy of the
Registry version of any film that is maintained in the National Film
Registry Collection in the Library of Congress. Anyone authorized to
place the seal on any film copy of any Registry version of a film may
accompany such seal with the following language: ``This film was
selected for inclusion in the National Film Registry by the National
Film Preservation Board of the Library of Congress because of its
cultural, historical, or aesthetic significance.''.

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(a) Number and Appointment.--
(1) Members.--The Librarian shall establish in the Library of
Congress a National Film Preservation Board to be comprised of 20
members, who shall be selected by the Librarian in accordance with
this section. Subject to subparagraphs (C) and (N), the Librarian
shall request each organization listed in subparagraphs (A) through
(Q) to submit a list of three candidates qualified to serve as a
member of the Board. Except for the members-at-large appointed
under subparagraph (2), the Librarian shall appoint one member from
each such list submitted by such organizations, and shall designate
from that list an alternate who may attend at Board expense those
meetings to which the individual appointed to the Board cannot
attend. The organizations are the following:
(A) The Academy of Motion Picture Arts and Sciences.
(B) The Directors Guild of America.
(C) The Writers Guild of America. The Writers Guild of
America East and the Writers Guild of America West shall each
nominate three candidates, and a representative from one
organization shall be selected as the member and a
representative from the other organization as the alternate.
(D) The National Society of Film Critics.
(E) The Society for Cinema Studies.
(F) The American Film Institute.
(G) The Department of Film and Television of the School of
Theater, Film and Television at the University of California,
Los Angeles.
(H) The Department of Film and Television of the Tisch
School of the Arts at New York University.
(I) The University Film and Video Association.
(J) The Motion Picture Association of America.
(K) The Alliance of Motion Picture and Television
Producers.
(L) The Screen Actors Guild of America.
(M) The National Association of Theater Owners.
(N) The American Society of Cinematographers and the
International Photographers Guild, which shall jointly submit
one list of three candidates from which a member and alternate
will be selected.
(O) The United States Members of the International
Federation of Film Archives.
(P) The Association of Moving Image Archivists.
(Q) The Society of Composers and Lyricists.
(2) Members-at-large.--In addition to the members appointed
under paragraph (1), the Librarian shall appoint up to three
members-at-large. The Librarian shall also select an alternate for
each member at-large, who may attend at Board expense those
meetings which the member at-large cannot attend.
(b) Chair.--The Librarian shall appoint one member of the Board to
serve as Chair.
(c) Term of Office.--
(1) Terms.--The term of each member of the Board shall be 4
years, except that there shall be no limit to the number of terms
that any individual member may serve.
(2) Removal of member or organization.--The Librarian shall
have the authority to remove any member of the Board, or the
organization listed in subsection (a) such member represents, if
the member, or organization, over any consecutive 2-year period,
fails to attend at least one regularly scheduled Board meeting.
(3) Vacancies.--A vacancy in the Board shall be filled in the
manner in which the original appointment was made under subsection
(a), except that the Librarian may fill the vacancy from a list of
candidates previously submitted by the organization or
organizations involved. Any member appointed to fill a vacancy
before the expiration of the term for which his or her predecessor
was appointed shall be appointed for the remainder of such term.
(d) Quorum.--11 members of the Board shall constitute a quorum but
a lesser number may hold hearings.
(e) Reimbursement of Expenses.--Members of the Board shall serve
without pay, but may be reimbursed for the actual and necessary
traveling and subsistence expenses incurred by them in the performance
of the duties of the Board.
(f) Meetings.--The Board shall meet at least once each fiscal year.
Meetings shall be at the call of the Librarian.
(g) Conflict of Interest.--The Librarian shall establish rules and
procedures to address any potential conflict of interest between a
member of the Board and responsibilities of the Board.

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(a) In General.--The Board shall review nominations of films
submitted to it for inclusion in the National Film Registry and consult
with the Librarian, as provided in section 103, with respect to the
inclusion of such films in the Registry and the preservation of these
and other films that are culturally, historically, or aesthetically
significant.
(b) Nomination of Films.--The Board shall consider, for inclusion
in the National Film Registry, nominations submitted by the general
public as well as representatives of the film industry, such as the
guilds and societies representing actors, directors, screenwriters,
cinematographers, and other creative artists, producers, and film
critics, archives and other film preservation organizations, and
representatives of academic institutions with film study programs. The
Board shall nominate not more than 25 films each year for inclusion in
the Registry.
(c) Powers.--
(1) In general.--The Board may, for the purpose of carrying out
its duties, hold such hearings, sit and act at such times and
places, take such testimony, and receive such evidence, as the
Librarian and the Board consider appropriate.
(2) Service on foundation.--Two sitting members of the Board
shall be appointed by the Librarian, and shall serve, as Board
members of the National Film Preservation Foundation, in accordance
with section 203.

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(a) Acquisition of Archival Quality Copies.--The Librarian shall
endeavor to obtain, by gift from the owner, an archival quality copy of
the Registry version of each film included in the National Film
Registry. Whenever possible, the Librarian shall endeavor to obtain the
best surviving materials, including preprint materials. Copyright
owners and others possessing copies of such materials are strongly
encouraged, to further the preservation purposes of this Act, to
provide preprint and other archival elements to the Library of
Congress.
(b) Additional Materials.--The Librarian shall endeavor to obtain,
for educational and research purposes, additional materials related to
each film included in the National Film Registry, such as background
materials, production reports, shooting scripts (including continuity
scripts) and other similar materials.
(c) Property of United States.--All copies of films on the National
Film Registry that are received as gifts or bequests by the Librarian
and other materials received by the Librarian under subsection (b),
shall become the property of the United States Government, subject to
the provisions of title 17, United States Code.
(d) National Film Registry Collection.--All copies of films on the
National Film Registry that are received by the Librarian under
subsection (a), and other materials received by the Librarian under
subsection (b), shall be maintained in the Library of Congress and be
known as the ``National Film Registry Collection of the Library of
Congress''. The Librarian shall, by regulation, and in accordance with
title 17, United States Code, provide for reasonable access to the
films and other materials in such collection for scholarly and research
purposes.

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(a) Use of the Seal.--
(1) Prohibition on distribution and exhibition.--No person
shall knowingly distribute or exhibit to the public a version of a
film or any copy of a film which bears the seal described in
section 103(a)(3) if such film--
(A) is not included in the National Film Registry; or
(B) is included in the National Film Registry, but such
film or film copy has not been approved for use of the seal by
the Librarian pursuant to section 103(a)(1)(D).
(2) Prohibition on promotion.--No person shall knowingly use
the seal described in section 103(a)(3) to promote any version of a
film or film copy other than a Registry version.
(b) Effective Date of the Seal.--The use of the seal described in
section 103(a)(3) shall be effective for each film after the Librarian
publishes in the Federal Register, in accordance with section
103(a)(2), the name of that film as selected for inclusion in the
National Film Registry.

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(a) Jurisdiction.--The several district courts of the United States
shall have jurisdiction, for cause shown, to prevent and restrain
violations of section 107(a).
(b) Relief.--
(1) Removal of seal.--Except as provided in paragraph (2),
relief for violation of section 107(a) shall be limited to the
removal of the seal of the National Film Registry from the film
involved in the violation.
(2) Fine and injunctive relief.--In the case of a pattern or
practice of the willful violation of section 107(a), the United
States district courts may order a civil fine of not more than
$10,000 and appropriate injunctive relief.

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The remedies provided in section 108 shall be the exclusive
remedies under this title, or any other Federal or State law, regarding
the use of the seal described in section 103(a)(3).

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(a) Staff.--The Librarian may appoint and fix the pay of such
personnel as the Librarian considers appropriate to carry out this
title.
(b) Experts and Consultants.--The Librarian may, in carrying out
this title, procure temporary and intermittent services under section
3109(b) of title 5, United States Code, but at rates for individuals
not to exceed the daily equivalent of the maximum rate of basic pay
payable for GS-15 of the General Schedule. In no case may a member of
the Board or an alternate be paid as an expert or consultant under this
section.

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As used in this title--
(1) the term ``Librarian'' means the Librarian of Congress;
(2) the term ``Board'' means the National Film Preservation
Board;
(3) the term ``film'' means a ``motion picture'' as defined in
section 101 of title 17, United States Code, except that such term
does not include any work not originally fixed on film stock, such
as a work fixed on videotape or laser disk;
(4) the term ``publication'' means ``publication'' as defined
in section 101 of title 17 United States Code; and
(5) the term ``Registry version'' means, with respect to a
film, the version of a film first published, or as complete a
version as bona fide preservation and restoration activities by the
Librarian, an archivist other than the Librarian, or the copyright
owner can compile in those cases where the original material has
been irretrievably lost.

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There are authorized to be appropriated to the Librarian 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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The provisions of this title shall be effective for 7 years
beginning on the date of the enactment of this Act. The provisions of
this title shall apply to any copy of any film, including those copies
of films selected for inclusion in the National Film Registry under the
National Film Preservation Act of 1988 and the National Film
Preservation Act of 1992, except that any film so selected under either
Act shall be deemed to have been selected for the National Film
Registry under this title.

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The National Film Preservation Act of 1992 (2 U.S.C. 179 and
following) is repealed.

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This title may be cited as the ``National Film Preservation
Foundation Act''.

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TITLE II

-THE NATIONAL FILM PRESERVATION FOUNDATION ACT

(a) Establishment.--There is established the National Film
Preservation Foundation (hereafter in this title referred to as the
``Foundation''). The Foundation is a charitable and nonprofit
corporation and is not an agency or establishment of the United States.
(b) Purposes.--The purposes of the Foundation are--
(1) to encourage, accept, and administer private gifts to
promote and ensure the preservation and public accessibility of the
nation's film heritage held at the Library of Congress and other
public and nonprofit archives throughout the United States;
(2) to further the goals of the Library of Congress and the
National Film Preservation Board in connection with their
activities under the National Film Preservation Act of 1996; and
(3) to undertake and conduct other activities, alone or in
cooperation with other film related institutions and organizations,
as will further the preservation and public accessibility of films
made in the United States, particularly those not protected by
private interests, for the benefit of present and future
generations of Americans.

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(a) Establishment and Membership.--The Foundation shall have a
governing Board of Directors (hereafter in this title referred to as
the ``Board''), which shall consist of 9 Directors, each of whom shall
be a United States citizen and at least 6 of whom must be knowledgeable
or experienced in film production, distribution, preservation, or
restoration, including 2 who shall be sitting members of the National
Film Preservation Board. These 6 members of the Board shall, to the
extent practicable, represent diverse points of views from the film
community, including motion picture producers, creative artists,
nonprofit and public archivists, historians, film critics, theater
owners, and laboratory and university personnel. The Librarian of
Congress (hereafter in this title referred to as the ``Librarian'')
shall be an ex officio nonvoting member of the Board. Appointment to
the Board shall not constitute employment by, or the holding of an
office of, the United States for the purpose of any Federal law.
(b) Appointment and Terms.--Within 90 days after the date of the
enactment of this Act, the Librarian shall appoint the Directors of the
Board. Each Director shall be appointed for a term of 4 years. A
vacancy on the Board shall be filled, within 60 days after the vacancy
occurs, in the manner in which the original appointment was made. No
individual may serve more than 2 consecutive terms as a Director.
(c) Chair.--The initial Chair shall be appointed by the Librarian
from the membership of the Board for a 2-year term, and thereafter
shall be appointed and removed in accordance with the Foundation's
bylaws.
(d) Quorum.--A majority of the current membership of the Board
shall constitute a quorum for the transaction of business.
(e) Meetings.--The Board shall meet at the call of the Librarian or
the Chair at least once a year. If a Director misses 3 consecutive
regularly scheduled meetings, that individual may be removed from the
Board by the Librarian, and that vacancy shall be filled in accordance
with subsection (b).
(f) Reimbursement of Expenses.--Members of the Board shall serve
without pay, but may be reimbursed for the actual and necessary
traveling and subsistence expenses incurred by them in the performance
of the duties of the Foundation.
(g) General Powers.--
(1) Organization of foundation.--The Board may complete the
organization of the Foundation by--
(A) appointing, removing, and replacing officers, except as
provided for in paragraph (2)(B);
(B) adopting a constitution and bylaws consistent with the
purposes of the Foundation and the provisions of this title;
and
(C) undertaking such other acts as may be necessary to
carry out the provisions of this title.
(2) Limitation on appointment of employees.--The following
limitations apply with respect to the appointment of employees of
the Foundation:
(A) Except as provided in subparagraph (B), employees of
the Foundation shall be appointed, removed, and replaced by the
Secretary of the Board. All employees (including the Secretary
of the Board) shall be appointed and removed without regard to
the provisions of title 5, United States Code, governing
appointments in the competitive service, and may be paid
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification and
General Schedule pay rates, except that no individual so
appointed may receive pay in excess of the annual rate of basic
pay in effect for grade GS-15 of the General Schedule. Neither
the Board, nor any of the employees of the Foundation,
including the Secretary of the Board, shall be construed to be
employees of the Library of Congress.
(B) The first employee appointed shall be the Secretary of
the Board. The Secretary shall be appointed, and may be removed
by, the Librarian.
(C) The Secretary of the Board shall--
(i) serve as its executive director, and
(ii) be knowledgeable and experienced in matters
relating to film preservation and restoration activities,
financial management, and fund-raising.

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(a) General.--The Foundation--
(1) shall have perpetual succession;
(2) may conduct business in the several States, the District of
Columbia, and any commonwealth, territory, or possession of the
United States;
(3) shall have its principal offices in the District of
Columbia; and
(4) shall at all times maintain a designated agent authorized
to accept service of process for the Foundation.
The serving of notice to, or service of process upon, the agent
required under paragraph (4), or mailed to the business address of such
agent, shall be deemed as service upon or notice to the Foundation.
(b) Seal.--The Foundation shall have an official seal selected by
the Board which shall be judicially noticed.
(c) Powers.--To carry out its purposes under section 202, the
Foundation shall have, in addition to the powers otherwise given it
under this title, the usual powers of a corporation acting as a trustee
in the District of Columbia, including the power--
(1) to accept, receive, solicit, hold, administer, and use any
gift, devise, or bequest, either absolutely or in trust, of real or
personal property or any income therefrom or other interest
therein;
(2) to acquire by purchase or exchange any real or personal
property or interest therein;
(3) unless otherwise required by the instrument of transfer, to
sell, donate, lease, invest, reinvest, retain, or otherwise dispose
of any property or income therefrom;
(4) to borrow money and issue bonds, debentures, or other debt
instruments;
(5) to sue and be sued, and complain and defend itself in any
court of competent jurisdiction, except that the Directors of the
Board shall not be personally liable, except for gross negligence;
(6) to enter into contracts or other arrangements with public
agencies and private organizations and persons and to make such
payments as may be necessary to carry out its functions; and
(7) to do any and all acts necessary and proper to carry out
the purposes of the Foundation.
A gift, devise, or bequest may be accepted by the Foundation even
though it is encumbered, restricted, or subject to beneficial interests
of private persons, if any current or future interest therein is for
the benefit of the Foundation.

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The Librarian may provide personnel, facilities, and other
administrative services to the Foundation, including reimbursement of
expenses under section 203, not to exceed the current per diem rates
for the Federal Government, and the Foundation shall reimburse the
Librarian therefor. Amounts so reimbursed shall be deposited in the
Treasury to the credit of the appropriations then current and
chargeable for the cost of providing such services.

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The Librarian may accept, without regard to the civil service
classification laws, rules, or regulations, the services of the
Foundation, the Board, and other officers and employees of the Board,
without compensation from the Library of Congress, as volunteers in the
performance of the functions authorized in this title.

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GENERAL, FOR EQUITABLE RELIEF.
(a) Audits.--The Foundation shall be treated as a private
corporation established under Federal law for purposes of the Act
entitled ``An Act to provide for audit of accounts of private
corporations established under Federal law.'', approved August 30, 1964
(36 U.S.C. 1101-1103).
(b) Report.--The Foundation shall, as soon as practicable after the
end of each fiscal year, transmit to the Congress a report of its
proceedings and activities during such year, including a full and
complete statement of its receipts, expenditures, and investments.
(c) Relief With Respect to Certain Foundation Acts or Failure To
Act.--If the Foundation--
(1) engages in, or threatens to engage in, any act, practice,
or policy that is inconsistent with its purposes set forth in
section 202(b), or
(2) refuses, fails, or neglects to discharge its obligations
under this title, or threatens to do so,
the Attorney General of the United States may file a petition in the
United States District Court for the District of Columbia for such
equitable relief as may be necessary or appropriate.

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The United States shall not be liable for any debts, defaults,
acts, or omissions of the Foundation, nor shall the full faith and
credit of the United States extend to any obligation of the Foundation.

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(a) Authorization.--There are authorized to be appropriated to the
Library of Congress such sums as may be necessary to carry out the
purposes of this title, not to exceed $250,000 for each of the fiscal
years 2000 through 2003, to be made available to the Foundation to
match private contributions (whether in currency, services, or
property) made to the Foundation by private persons and State and local
governments.
(b) Administrative Expenses.--No Federal funds authorized under
this section may be used by the Foundation for administrative expenses
of the Foundation, including for salaries, travel, and transportation
expenses, and other overhead expenses.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

a414c16e9477bebb458d8ff757af3203bffac410b7856616972fa6ea66645aa5

To reauthorize the National Film Preservation Board, and for other purposes.

Other Sections

TITLE I

TITLE II

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