IIA

104TH CONGRESS

2D SESSION H.R. 1734

IN THE SENATE OF THE UNITED STATES

JULY 31, 1996

Received; read twice and referred to the Committee on the Judiciary

AN ACT

To reauthorize the National Film Preservation Board, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 1734 RFS

1 TITLE I—REAUTHORIZATION OF

2 THE NATIONAL FILM PRESER3 VATION BOARD

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘National Film Preser6 vation Act of 1996’’.

7 SEC. 102. NATIONAL FILM REGISTRY OF THE LIBRARY OF

8 CONGRESS.

9 The Librarian of Congress (hereafter in this Act re10 ferred to as the ‘‘Librarian’’) shall continue the National

11 Film Registry established and maintained under the Na12 tional Film Preservation Act of 1988 (Public Law 100–

13 446), and the National Film Preservation Act of 1992

14 (Public Law 102–307) pursuant to the provisions of this

15 title, for the purpose of maintaining and preserving films

16 that are culturally, historically, or aesthetically significant.

17 SEC. 103. DUTIES OF THE LIBRARIAN OF CONGRESS.

18 (a) POWERS.—

19 (1) IN GENERAL.—The Librarian shall, after

20 consultation with the Board established pursuant to

21 section 104—

22 (A) continue the implementation of the

23 comprehensive national film preservation pro24 gram for motion pictures established under the

25 National Film Preservation Act of 1992, in con-
3

HR 1734 RFS

1 junction with other film archivists, educators

2 and historians, copyright owners, film industry

3 representatives, and others involved in activities

4 related to film preservation, taking into account

5 the objectives of the national film preservation

6 study and the comprehensive national plan con7 ducted under the National Film Preservation

8 Act of 1992. This program shall—

9 (i) coordinate activities to assure that

10 efforts of archivists and copyright owners,

11 and others in the public and private sector,

12 are effective and complementary;

13 (ii) generate public awareness of and

14 support for these activities;

15 (iii) increase accessibility of films for

16 educational purposes; and

17 (iv) undertake studies and investiga18 tions of film preservation activities as

19 needed, including the efficacy of new tech20 nologies, and recommend solutions to im21 prove these practices;

22 (B) establish criteria and procedures under

23 which films may be included in the National

24 Film Registry, except that no film shall be eligi-
4

HR 1734 RFS

1 ble for inclusion in the National Film Registry

2 until 10 years after such film’s first publication;

3 (C) establish procedures under which the

4 general public may make recommendations to

5 the Board regarding the inclusion of films in

6 the National Film Registry; and

7 (D) determine which films satisfy the cri8 teria established under subparagraph (B) and

9 qualify for inclusion in the National Film Reg10 istry, except that the Librarian shall not select

11 more than 25 films each year for inclusion in

12 the Registry.

13 (2) PUBLICATION OF FILMS IN REGISTRY.—The

14 Librarian shall publish in the Federal Register the

15 name of each film that is selected for inclusion in

16 the National Film Registry.

17 (3) SEAL.—The Librarian shall provide a seal

18 to indicate that a film has been included in the Na19 tional Film Registry and is the Registry version of

20 that film. The Librarian shall establish guidelines

21 for approval of the use of the seal in accordance

22 with subsection (b).

23 (b) USE OF SEAL.—The seal provided under sub24 section (a)(3) may only be used on film copies of the Reg25 istry version of a film. Such seal may be used only after
5

HR 1734 RFS

1 the Librarian has given approval to those persons seeking

2 to apply the seal in accordance with the guidelines under

3 subsection (a)(3). In the case of copyrighted works, only

4 the copyright owner or an authorized licensee of the copy5 right owner may place or authorize the placement of the

6 seal on any film copy of a Registry version of a film se7 lected for inclusion in the National Film Registry, and the

8 Librarian may place the seal on any film copy of the Reg9 istry version of any film that is maintained in the National

10 Film Registry Collection in the Library of Congress. Any11 one authorized to place the seal on any film copy of any

12 Registry version of a film may accompany such seal with

13 the following language: ‘‘This film was selected for inclu14 sion in the National Film Registry by the National Film

15 Preservation Board of the Library of Congress because of

16 its cultural, historical, or aesthetic significance.’’.

17 SEC. 104. NATIONAL FILM PRESERVATION BOARD.

18 (a) NUMBER AND APPOINTMENT.—

19 (1) MEMBERS.—The Librarian shall establish

20 in the Library of Congress a National Film Preser21 vation Board to be comprised of 20 members, who

22 shall be selected by the Librarian in accordance with

23 this section. Subject to subparagraphs (C) and (N),

24 the Librarian shall request each organization listed

25 in subparagraphs (A) through (Q) to submit a list
6

HR 1734 RFS

1 of 3 candidates qualified to serve as a member of the

2 Board. Except for the members-at-large appointed

3 under subparagraph (2), the Librarian shall appoint

4 one member from each such list submitted by such

5 organizations, and shall designate from that list an

6 alternate who may attend at Board expense those

7 meetings to which the individual appointed to the

8 Board cannot attend. The organizations are the fol9 lowing:

10 (A) The Academy of Motion Picture Arts

11 and Sciences.

12 (B) The Directors Guild of America.

13 (C) The Writers Guild of America. The

14 Writers Guild of America East and the Writers

15 Guild of America West shall each nominate

16 three candidates, and a representative from one

17 organization shall be selected as the member

18 and a representative from the other organiza19 tion as the alternate.

20 (D) The National Society of Film Critics.

21 (E) The Society for Cinema Studies.

22 (F) The American Film Institute.

23 (G) The Department of Film and Tele24 vision of the School of Theater, Film and Tele-
7

HR 1734 RFS

1 vision at the University of California, Los An2 geles.

3 (H) The Department of Film and Tele4 vision of the Tisch School of the Arts at New

5 York University.

6 (I) The University Film and Video Asso7 ciation.

8 (J) The Motion Picture Association of

9 America.

10 (K) The Alliance of Motion Picture and

11 Television Producers.

12 (L) The Screen Actors Guild of America.

13 (M) The National Association of Theater

14 Owners.

15 (N) The American Society of Cinematog16 raphers and the International Photographers

17 Guild, which shall jointly submit one list of 3

18 candidates from which a member and alternate

19 will be selected.

20 (O) The United States Members of the

21 International Federation of Film Archives.

22 (P) The Association of Moving Image Ar23 chivists.

24 (Q) The Society of Composers and

25 Lyricists.
8

HR 1734 RFS

1 (2) MEMBERS-AT-LARGE.—In addition to the

2 Members appointed under paragraph (1), the Li3 brarian shall appoint up to 3 members-at-large. The

4 Librarian shall also select an alternate for each

5 member at-large, who may attend at Board expense

6 those meetings which the member at-large cannot

7 attend.

8 (b) CHAIR.—The Librarian shall appoint one member

9 of the Board to serve as Chair.

10 (c) TERM OF OFFICE.—

11 (1) TERMS.—The term of each member of the

12 Board shall be 4 years, except that there shall be no

13 limit to the number of terms that any individual

14 member may serve.

15 (2) REMOVAL OF MEMBER OR ORGANIZA16 TION.—The Librarian shall have the authority to re17 move any member of the Board, or the organization

18 listed in subsection (a) such member represents, if

19 the member, or organization, over any consecutive 2-

20 year period, fails to attend at least one regularly

21 scheduled Board meeting.

22 (3) VACANCIES.—A vacancy in the Board shall

23 be filled in the manner in which the original appoint24 ment was made under subsection (a), except that the

25 Librarian may fill the vacancy from a list of can-
9

HR 1734 RFS

1 didates previously submitted by the organization or

2 organizations involved. Any member appointed to fill

3 a vacancy before the expiration of the term for

4 which his or her predecessor was appointed shall be

5 appointed for the remainder of such term.

6 (d) QUORUM.—11 members of the Board shall con7 stitute a quorum but a lesser number may hold hearings.

8 (e) REIMBURSEMENT OF EXPENSES.—Members of

9 the Board shall serve without pay, but may be reimbursed

10 for the actual and necessary traveling and subsistence ex11 penses incurred by them in the performance of the duties

12 of the Board.

13 (f) MEETINGS.—The Board shall meet at least once

14 each fiscal year. Meetings shall be at the call of the Li15 brarian.

16 (g) CONFLICT OF INTEREST.—The Librarian shall

17 establish rules and procedures to address any potential

18 conflict of interest between a member of the Board and

19 responsibilities of the Board.

20 SEC. 105. RESPONSIBILITIES AND POWERS OF BOARD.

21 (a) IN GENERAL.—The Board shall review nomina22 tions of films submitted to it for inclusion in the National

23 Film Registry and consult with the Librarian, as provided

24 in section 103, with respect to the inclusion of such films

25 in the Registry and the preservation of these and other
10

HR 1734 RFS

1 films that are culturally, historically, or aesthetically sig2 nificant.

3 (b) NOMINATION OF FILMS.—The Board shall con4 sider, for inclusion in the National Film Registry, nomina5 tions submitted by the general public as well as represent6 atives of the film industry, such as the guilds and societies

7 representing actors, directors, screenwriters, cinematog8 raphers, and other creative artists, producers, and film

9 critics, archives and other film preservation organizations,

10 and representatives of academic institutions with film

11 study programs. The Board shall nominate not more than

12 25 films each year for inclusion in the Registry.

13 (c) POWERS.—

14 (1) IN GENERAL.—The Board may, for the pur15 pose of carrying out its duties, hold such hearings,

16 sit and act at such times and places, take such testi17 mony, and receive such evidence, as the Librarian

18 and the Board consider appropriate.

19 (2) SERVICE ON FOUNDATION.—Two sitting

20 members of the Board shall be appointed by the Li21 brarian, and shall serve, as Board members of the

22 National Film Preservation Foundation, in accord23 ance with section 203.
11

HR 1734 RFS

1 SEC. 106. NATIONAL FILM REGISTRY COLLECTION OF THE

2 LIBRARY OF CONGRESS.

3 (a) ACQUISITION OF ARCHIVAL QUALITY COPIES.—

4 The Librarian shall endeavor to obtain, by gift from the

5 owner, an archival quality copy of the Registry version of

6 each film included in the National Film Registry. When7 ever possible, the Librarian shall endeavor to obtain the

8 best surviving materials, including preprint materials.

9 Copyright owners and others possessing copies of such

10 materials are strongly encouraged, to further the preserva11 tion purposes of this Act, to provide preprint and other

12 archival elements to the Library of Congress.

13 (b) ADDITIONAL MATERIALS.—The Librarian shall

14 endeavor to obtain, for educational and research purposes,

15 additional materials related to each film included in the

16 National Film Registry, such as background materials,

17 production reports, shooting scripts (including continuity

18 scripts) and other similar materials.

19 (c) PROPERTY OF UNITED STATES.—All copies of

20 films on the National Film Registry that are received as

21 gifts or bequests by the Librarian and other materials re22 ceived by the Librarian under subsection (b), shall become

23 the property of the United States Government, subject to

24 the provisions of title 17, United States Code.

25 (d) NATIONAL FILM REGISTRY COLLECTION.—All

26 copies of films on the National Film Registry that are re-
12

HR 1734 RFS

1 ceived by the Librarian under subsection (a), and other

2 materials received by the Librarian under subsection (b),

3 shall be maintained in the Library of Congress and be

4 known as the ‘‘National Film Registry Collection of the

5 Library of Congress’’. The Librarian shall, by regulation,

6 and in accordance with title 17, United States Code, pro7 vide for reasonable access to the films and other materials

8 in such collection for scholarly and research purposes.

9 SEC. 107. SEAL OF THE NATIONAL FILM REGISTRY.

10 (a) USE OF THE SEAL.—

11 (1) PROHIBITION ON DISTRIBUTION AND EXHI12 BITION.—No person shall knowingly distribute or ex13 hibit to the public a version of a film or any copy

14 of a film which bears the seal described in section

15 103(a)(3) if such film—

16 (A) is not included in the National Film

17 Registry; or

18 (B) is included in the National Film Reg19 istry, but such film or film copy has not been

20 approved for use of the seal by the Librarian

21 pursuant to section 103(a)(1)(D).

22 (2) PROHIBITION ON PROMOTION.—No person

23 shall knowingly use the seal described in section

24 103(a)(3) to promote any version of a film or film

25 copy other than a Registry version.
13

HR 1734 RFS

1 (b) EFFECTIVE DATE OF THE SEAL.—The use of the

2 seal described in section 103(a)(3) shall be effective for

3 each film after the Librarian publishes in the Federal Reg4 ister, in accordance with section 103(a)(2), the name of

5 that film as selected for inclusion in the National Film

6 Registry.

7 SEC. 108. REMEDIES.

8 (a) JURISDICTION.—The several district courts of the

9 United States shall have jurisdiction, for cause shown, to

10 prevent and restrain violations of section 107(a).

11 (b) RELIEF.—

12 (1) REMOVAL OF SEAL.—Except as provided in

13 paragraph (2), relief for violation of section 107(a)

14 shall be limited to the removal of the seal of the Na15 tional Film Registry from the film involved in the

16 violation.

17 (2) FINE AND INJUNCTIVE RELIEF.—In the

18 case of a pattern or practice of the willful violation

19 of section 107(a), the United States district courts

20 may order a civil fine of not more than $10,000 and

21 appropriate injunctive relief.

22 SEC. 109. LIMITATIONS OF REMEDIES.

23 The remedies provided in section 108 shall be the ex24 clusive remedies under this title, or any other Federal or
14

HR 1734 RFS

1 State law, regarding the use of the seal described in sec2 tion 103(a)(3).

3 SEC. 110. STAFF OF BOARD; EXPERTS AND CONSULTANTS.

4 (a) STAFF.—The Librarian may appoint and fix the

5 pay of such personnel as the Librarian considers appro6 priate to carry out this title.

7 (b) EXPERTS AND CONSULTANTS.—The Librarian

8 may, in carrying out this title, procure temporary and

9 intermittent services under section 3109(b) of title 5,

10 United States Code, but at rates for individuals not to

11 exceed the daily equivalent of the maximum rate of basic

12 pay payable for GS–15 of the General Schedule. In no case

13 may a member of the Board or an alternate be paid as

14 an expert or consultant under this section.

15 SEC. 111. DEFINITIONS.

16 As used in this title—

17 (1) the term ‘‘Librarian’’ means the Librarian

18 of Congress;

19 (2) the term ‘‘Board’’ means the National Film

20 Preservation Board;

21 (3) the term ‘‘film’’ means a ‘‘motion picture’’

22 as defined in section 101 of title 17, United States

23 Code, except that such term does not include any

24 work not originally fixed on film stock, such as a

25 work fixed on videotape or laser disk;
15

HR 1734 RFS

1 (4) the term ‘‘publication’’ means ‘‘publication’’

2 as defined in section 101 of title 17 United States

3 Code; and

4 (5) the term ‘‘Registry version’’ means, with re5 spect to a film, the version of a film first published,

6 or as complete a version as bona fide preservation

7 and restoration activities by the Librarian, an archi8 vist other than the Librarian, or the copyright owner

9 can compile in those cases where the original mate10 rial has been irretrievably lost.

11 SEC. 112. AUTHORIZATION OF APPROPRIATIONS.

12 There are authorized to be appropriated to the Li13 brarian such sums as may be necessary to carry out the

14 purposes of this title, but in no fiscal year shall such sum

15 exceed $250,000.

16 SEC. 113. EFFECTIVE DATE.

17 The provisions of this title shall be effective for 7

18 years beginning on the date of the enactment of this Act.

19 The provisions of this title shall apply to any copy of any

20 film, including those copies of films selected for inclusion

21 in the National Film Registry under the National Film

22 Preservation Act of 1988 and the National Film Preserva23 tion Act of 1992, except that any film so selected under

24 either Act shall be deemed to have been selected for the

25 National Film Registry under this title.
16

HR 1734 RFS

1 SEC. 114. REPEAL.

2 The National Film Preservation Act of 1992 (2

3 U.S.C. 179 and following) is repealed.

4 TITLE II—THE NATIONAL FILM

5 PRESERVATION FOUNDATION

6 ACT

7 SEC. 201. SHORT TITLE.

8 This title may be cited as the ‘‘National Film Preser9 vation Foundation Act’’.

10 SEC. 202. ESTABLISHMENT AND PURPOSE OF FOUNDATION.

11 (a) ESTABLISHMENT.—There is established the Na12 tional Film Preservation Foundation (hereafter in this

13 title referred to as the ‘‘Foundation’’). The Foundation

14 is a charitable and nonprofit corporation and is not an

15 agency or establishment of the United States.

16 (b) PURPOSES.—The purposes of the Foundation

17 are—

18 (1) to encourage, accept, and administer private

19 gifts to promote and ensure the preservation and

20 public accessibility of the nation’s film heritage held

21 at the Library of Congress and other public and

22 nonprofit archives throughout the United States;

23 (2) to further the goals of the Library of Con24 gress and the National Film Preservation Board in

25 connection with their activities under the National

26 Film Preservation Act of 1996; and
17

HR 1734 RFS

1 (3) to undertake and conduct other activities,

2 alone or in cooperation with other film related insti3 tutions and organizations, as will further the preser4 vation and public accessibility of films made in the

5 United States, particularly those not protected by

6 private interests, for the benefit of present and fu7 ture generations of Americans.

8 SEC. 203. BOARD OF DIRECTORS OF THE FOUNDATION.

9 (a) ESTABLISHMENT AND MEMBERSHIP.—The

10 Foundation shall have a governing Board of Directors

11 (hereafter in this title referred to as the ‘‘Board’’), which

12 shall consist of 9 Directors, each of whom shall be a Unit13 ed States citizen and at least 6 of whom must be knowl14 edgeable or experienced in film production, distribution,

15 preservation, or restoration, including 2 who shall be sit16 ting members of the National Film Preservation Board.

17 These 6 members of the Board shall, to the extent prac18 ticable, represent diverse points of views from the film

19 community, including motion picture producers, creative

20 artists, nonprofit and public archivists, historians, film

21 critics, theater owners, and laboratory and university per22 sonnel. The Librarian of Congress (hereafter in this title

23 referred to as the ‘‘Librarian’’) shall be an ex officio non24 voting member of the Board. Appointment to the Board

25 shall not constitute employment by, or the holding of an
18

HR 1734 RFS

1 office of, the United States for the purpose of any Federal

2 law.

3 (b) APPOINTMENT AND TERMS.—Within 90 days

4 after the date of the enactment of this Act, the Librarian

5 shall appoint the Directors of the Board. Each Director

6 shall be appointed for a term of 4 years. A vacancy on

7 the Board shall be filled, within 60 days after the vacancy

8 occurs, in the manner in which the original appointment

9 was made. No individual may serve more than 2 consecu10 tive terms as a Director.

11 (c) CHAIR.—The initial Chair shall be appointed by

12 the Librarian from the membership of the Board for a

13 2-year term, and thereafter shall be appointed and re14 moved in accordance with the Foundation’s bylaws.

15 (d) QUORUM.—A majority of the current membership

16 of the Board shall constitute a quorum for the transaction

17 of business.

18 (e) MEETINGS.—The Board shall meet at the call of

19 the Librarian or the Chair at least once a year. If a Direc20 tor misses 3 consecutive regularly scheduled meetings,

21 that individual may be removed from the Board by the

22 Librarian, and that vacancy shall be filled in accordance

23 with subsection (b).

24 (f) REIMBURSEMENT OF EXPENSES.—Members of

25 the Board shall serve without pay, but may be reimbursed
19

HR 1734 RFS

1 for the actual and necessary traveling and subsistence ex2 penses incurred by them in the performance of the duties

3 of the Foundation.

4 (g) GENERAL POWERS.—

5 (1) ORGANIZATION OF FOUNDATION.—The

6 Board may complete the organization of the Foun7 dation by—

8 (A) appointing, removing, and replacing of9 ficers, except as provided for in paragraph

10 (2)(B);

11 (B) adopting a constitution and bylaws

12 consistent with the purposes of the Foundation

13 and the provisions of this title; and

14 (C) undertaking such other acts as may be

15 necessary to carry out the provisions of this

16 title.

17 (2) LIMITATION ON APPOINTMENT OF EMPLOY18 EES.—The following limitations apply with respect

19 to the appointment of employees of the Foundation:

20 (A) Except as provided in subparagraph

21 (B), employees of the Foundation shall be ap22 pointed, removed, and replaced by the Secretary

23 of the Board. All employees (including the Sec24 retary of the Board) shall be appointed and re25 moved without regard to the provisions of title
20

HR 1734 RFS

1 5, United States Code, governing appointments

2 in the competitive service, and may be paid

3 without regard to the provisions of chapter 51

4 and subchapter III of chapter 53 of such title

5 relating to classification and General Schedule

6 pay rates, except that no individual so ap7 pointed may receive pay in excess of the annual

8 rate of basic pay in effect for grade GS–15 of

9 the General Schedule. Neither the Board, nor

10 any of the employees of the Foundation, includ11 ing the Secretary of the Board, shall be con12 strued to be employees of the Library of Con13 gress.

14 (B) The first employee appointed shall be

15 the Secretary of the Board. The Secretary shall

16 be appointed, and may be removed by, the Li17 brarian.

18 (C) The Secretary of the Board shall—

19 (i) serve as its executive director, and

20 (ii) be knowledgeable and experienced

21 in matters relating to film preservation

22 and restoration activities, financial man23 agement, and fund-raising.

24 SEC. 204. RIGHTS AND OBLIGATIONS OF THE FOUNDATION

25 (a) GENERAL.—The Foundation—
21

HR 1734 RFS

1 (1) shall have perpetual succession;

2 (2) may conduct business in the several States,

3 the District of Columbia, and any commonwealth,

4 territory, or possession of the United States;

5 (3) shall have its principal offices in the Dis6 trict of Columbia; and

7 (4) shall at all times maintain a designated

8 agent authorized to accept service of process for the

9 Foundation.

10 The serving of notice to, or service of process upon, the

11 agent required under paragraph (4), or mailed to the busi12 ness address of such agent, shall be deemed as service

13 upon or notice to the Foundation.

14 (b) SEAL.—The Foundation shall have an official seal

15 selected by the Board which shall be judicially noticed.

16 (c) POWERS.—To carry out its purposes under sec17 tion 202, the Foundation shall have, in addition to the

18 powers otherwise given it under this title, the usual powers

19 of a corporation acting as a trustee in the District of Co20 lumbia, including the power—

21 (1) to accept, receive, solicit, hold, administer,

22 and use any gift, devise, or bequest, either absolutely

23 or in trust, of real or personal property or any in24 come therefrom or other interest therein;
22

HR 1734 RFS

1 (2) to acquire by purchase or exchange any real

2 or personal property or interest therein;

3 (3) unless otherwise required by the instrument

4 of transfer, to sell, donate, lease, invest, reinvest, re5 tain, or otherwise dispose of any property or income

6 therefrom;

7 (4) to borrow money and issue bonds, deben8 tures, or other debt instruments;

9 (5) to sue and be sued, and complain and de10 fend itself in any court of competent jurisdiction, ex11 cept that the Directors of the Board shall not be

12 personally liable, except for gross negligence;

13 (6) to enter into contracts or other arrange14 ments with public agencies and private organizations

15 and persons and to make such payments as may be

16 necessary to carry out its functions; and

17 (7) to do any and all acts necessary and proper

18 to carry out the purposes of the Foundation.

19 A gift, devise, or bequest may be accepted by the Founda20 tion even though it is encumbered, restricted, or subject

21 to beneficial interests of private persons, if any current

22 or future interest therein is for the benefit of the Founda23 tion.
23

HR 1734 RFS

1 SEC. 205. ADMINISTRATIVE SERVICES AND SUPPORT.

2 The Librarian may provide personnel, facilities, and

3 other administrative services to the Foundation, including

4 reimbursement of expenses under section 203, not to ex5 ceed the current per diem rates for the Federal Govern6 ment, and the Foundation shall reimburse the Librarian

7 therefor. Amounts so reimbursed shall be deposited in the

8 Treasury to the credit of the appropriations then current

9 and chargeable for the cost of providing such services.

10 SEC. 206. VOLUNTEER STATUS.

11 The Librarian may accept, without regard to the civil

12 service classification laws, rules, or regulations, the serv13 ices of the Foundation, the Board, and other officers and

14 employees of the Board, without compensation from the

15 Library of Congress, as volunteers in the performance of

16 the functions authorized in this title.

17 SEC. 207. AUDITS, REPORT REQUIREMENTS, AND PETITION

18 OF ATTORNEY GENERAL, FOR EQUITABLE

19 RELIEF.

20 (a) AUDITS.—The Foundation shall be treated as a

21 private corporation established under Federal law for pur22 poses of the Act entitled ‘‘An Act to provide for audit of

23 accounts of private corporations established under Federal

24 law.’’, approved August 30, 1964 (36 U.S.C. 1101–1103).

25 (b) REPORT.—The Foundation shall, as soon as prac26 ticable after the end of each fiscal year, transmit to the
24

HR 1734 RFS

1 Congress a report of its proceedings and activities during

2 such year, including a full and complete statement of its

3 receipts, expenditures, and investments.

4 (c) RELIEF WITH RESPECT TO CERTAIN FOUNDA5 TION ACTS OR FAILURE TO ACT.—If the Foundation—

6 (1) engages in, or threatens to engage in, any

7 act, practice, or policy that is inconsistent with its

8 purposes set forth in section 202(b), or

9 (2) refuses, fails, or neglects to discharge its

10 obligations under this title, or threatens to do so,

11 the Attorney General of the United States may file a peti12 tion in the United States District Court for the District

13 of Columbia for such equitable relief as may be necessary

14 or appropriate.

15 SEC. 208. UNITED STATES RELEASE FROM LIABILITY.

16 The United States shall not be liable for any debts,

17 defaults, acts, or omissions of the Foundation, nor shall

18 the full faith and credit of the United States extend to

19 any obligation of the Foundation.

20 SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

21 (a) AUTHORIZATION.—There are authorized to be ap22 propriated to the Library of Congress such sums as may

23 be necessary to carry out the purposes of this title, not

24 to exceed $250,000 for each of the fiscal years 2000

25 through 2003, to be made available to the Foundation to
25

HR 1734 RFS

1 match private contributions (whether in currency, services,

2 or property) made to the Foundation by private persons

3 and State and local governments.

4 (b) ADMINISTRATIVE EXPENSES.—No Federal funds

5 authorized under this section may be used by the Founda6 tion for administrative expenses of the Foundation, includ7 ing for salaries, travel, and transportation expenses, and

8 other overhead expenses.

Passed the House of Representatives July 29, 1996.

Attest: ROBIN H. CARLE,

Clerk.