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,

TITLE I—REAUTHORIZATION OF THE

NATIONAL FILM PRESERVATION BOARD

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘National Film Preservation

Act of 1996’’.

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

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.

SEC. 103. DUTIES OF THE LIBRARIAN OF CONGRESS.

(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
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(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.’’.

SEC. 104. NATIONAL FILM PRESERVATION BOARD.

(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
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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
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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.

SEC. 105. RESPONSIBILITIES AND POWERS OF BOARD.

(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.

SEC. 106. NATIONAL FILM REGISTRY COLLECTION OF THE LIBRARY

OF CONGRESS.

(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
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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.

SEC. 107. SEAL OF THE NATIONAL FILM REGISTRY.

(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.

SEC. 108. REMEDIES.

(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.

SEC. 109. LIMITATIONS OF REMEDIES.

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).

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

(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
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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.

SEC. 111. DEFINITIONS.

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.

SEC. 112. AUTHORIZATION OF APPROPRIATIONS.

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.

SEC. 113. EFFECTIVE DATE.

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.

SEC. 114. REPEAL.

The National Film Preservation Act of 1992 (2 U.S.C. 179

and following) is repealed.

TITLE II—THE NATIONAL FILM

PRESERVATION FOUNDATION ACT

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘National Film Preservation

Foundation Act’’.

SEC. 202. ESTABLISHMENT AND PURPOSE OF FOUNDATION.

(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—
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(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.

SEC. 203. BOARD OF DIRECTORS OF THE FOUNDATION.

(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.—
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(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.

SEC. 204. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

(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—
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(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.

SEC. 205. ADMINISTRATIVE SERVICES AND SUPPORT.

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.

SEC. 206. VOLUNTEER STATUS.

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.

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

ATTORNEY 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—
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(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.

SEC. 208. UNITED STATES RELEASE FROM LIABILITY.

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.

SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

(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.