Union Calendar No. 333

104TH CONGRESS

2D SESSION H. R. 1734

[Report No. 104–558, Part I]

A BILL

To reauthorize the National Film Preservation

Board, and for other purposes.

JUNE 28, 1996

Committee on House Oversight discharged; committed to

Union and ordered to be printedthe Committee of the Whole House on the State of the
IB

Union Calendar No. 333

104TH CONGRESS

2D SESSION H. R. 1734

[Report No. 104–558, Part I]

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

IN THE HOUSE OF REPRESENTATIVES

MAY 25, 1995

Mr. MOORHEAD (for himself, Mr. COBLE, and Mr. BONO) introduced the following bill; which was referred to the Committee on the Judiciary, and

in addition to the Committee on House Oversight, for a period to be subsequently determined by the Speaker, in each case for consideration of

such provisions as fall within the jurisdiction of the committee concerned

MARCH 6, 1996

Reported from the Committee on the Judiciary with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

MAY 6, 1996

Referral to the Committee on House Oversight extended for a period ending

not later than June 21, 1996

JUNE 21, 1996

Referral to the Committee on House Oversight extended for a period ending

not later than June 28, 1996

JUNE 28, 1996

Additional sponsor: Mr. CONYERS

JUNE 28, 1996

Committee on House Oversight discharged; committed to the Committee of

the Whole House on the State of the Union and ordered to be printed

[For text of introduced bill, see copy of bill as introduced on May 25, 1995]
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A BILL

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,

3 TITLE I—REAUTHORIZATION OF

4 THE NATIONAL FILM PRESER5 VATION BOARD

6 SEC. 101. SHORT TITLE.

7 This title may be cited as the ‘‘National Film Preser8 vation Act of 1996’’.

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

10 CONGRESS.

11 The Librarian of Congress (hereafter in this Act re12 ferred to as the ‘‘Librarian’’) shall continue the National

13 Film Registry established and maintained under the Na14 tional Film Preservation Act of 1988 (Public Law 100–

15 446), and the National Film Preservation Act of 1992 (Pub16 lic Law 102–307) pursuant to the provisions of this title,

17 for the purpose of maintaining and preserving films that

18 are culturally, historically, or aesthetically significant.

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

20 (a) POWERS.—
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1 (1) IN GENERAL.—The Librarian shall, after

2 consultation with the Board established pursuant to

3 section 104—

4 (A) continue the implementation of the com5 prehensive national film preservation program

6 for motion pictures established under the Na7 tional Film Preservation Act of 1992, in con8 junction with other film archivists, educators

9 and historians, copyright owners, film industry

10 representatives, and others involved in activities

11 related to film preservation, taking into account

12 the objectives of the national film preservation

13 study and the comprehensive national plan con14 ducted under the National Film Preservation Act

15 of 1992. This program shall—

16 (i) coordinate activities to assure that

17 efforts of archivists and copyright owners,

18 and others in the public and private sector,

19 are effective and complementary;

20 (ii) generate public awareness of and

21 support for these activities;

22 (iii) increase accessibility of films for

23 educational purposes; and

24 (iv) undertake studies and investiga25 tions of film preservation activities as need-
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1 ed, including the efficacy of new tech2 nologies, and recommend solutions to im3 prove these practices;

4 (B) establish criteria and procedures under

5 which films may be included in the National

6 Film Registry, except that no film shall be eligi7 ble for inclusion in the National Film Registry

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

9 (C) establish procedures under which the

10 general public may make recommendations to

11 the Board regarding the inclusion of films in the

12 National Film Registry; and

13 (D) determine which films satisfy the cri14 teria established under subparagraph (B) and

15 qualify for inclusion in the National Film Reg16 istry, except that the Librarian shall not select

17 more than 25 films each year for inclusion in the

18 Registry.

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

20 Librarian shall publish in the Federal Register the

21 name of each film that is selected for inclusion in the

22 National Film Registry.

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

24 indicate that a film has been included in the National

25 Film Registry and is the Registry version of that
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1 film. The Librarian shall establish guidelines for ap2 proval of the use of the seal in accordance with sub3 section (b).

4 (b) USE OF SEAL.—The seal provided under subsection

5 (a)(3) may only be used on film copies of the Registry ver6 sion of a film. Such seal may be used only after the Librar7 ian has given approval to those persons seeking to apply

8 the seal in accordance with the guidelines under subsection

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

10 owner or an authorized licensee of the copyright owner may

11 place or authorize the placement of the seal on any film

12 copy of a Registry version of a film selected for inclusion

13 in the National Film Registry, and the Librarian may

14 place the seal on any film copy of the Registry version of

15 any film that is maintained in the National Film Registry

16 Collection in the Library of Congress. Anyone authorized

17 to place the seal on any film copy of any Registry version

18 of a film may accompany such seal with the following lan19 guage: ‘‘This film was selected for inclusion in the National

20 Film Registry by the National Film Preservation Board of

21 the Library of Congress because of its cultural, historical,

22 or aesthetic significance.’’.

23 SEC. 104. NATIONAL FILM PRESERVATION BOARD.

24 (a) NUMBER AND APPOINTMENT.—
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1 (1) MEMBERS.—The Librarian shall establish in

2 the Library of Congress a National Film Preservation

3 Board to be comprised of 20 members, who shall be

4 selected by the Librarian in accordance with this sec5 tion. Subject to subparagraphs (C) and (N), the Li6 brarian shall request each organization listed in sub7 paragraphs (A) through (Q) to submit a list of 3 can8 didates qualified to serve as a member of the Board.

9 Except for the members-at-large appointed under sub10 paragraph (2), the Librarian shall appoint one mem11 ber from each such list submitted by such organiza12 tions, and shall designate from that list an alternate

13 who may attend at Board expense those meetings to

14 which the individual appointed to the Board cannot

15 attend. The organizations are the following:

16 (A) The Academy of Motion Picture Arts

17 and Sciences.

18 (B) The Directors Guild of America.

19 (C) The Writers Guild of America. The

20 Writers Guild of America East and the Writers

21 Guild of America West shall each nominate three

22 candidates, and a representative from one orga23 nization shall be selected as the member and a

24 representative from the other organization as the

25 alternate.
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1 (D) The National Society of Film Critics.

2 (E) The Society for Cinema Studies.

3 (F) The American Film Institute.

4 (G) The Department of Film and Television

5 of the School of Theater, Film and Television at

6 the University of California, Los Angeles.

7 (H) The Department of Film and Television

8 of the Tisch School of the Arts at New York Uni9 versity.

10 (I) The University Film and Video Associa11 tion.

12 (J) The Motion Picture Association of

13 America.

14 (K) The Alliance of Motion Picture and Tel15 evision Producers.

16 (L) The Screen Actors Guild of America.

17 (M) The National Association of Theater

18 Owners.

19 (N) The American Society of Cinematog20 raphers and the International Photographers

21 Guild, which shall jointly submit one list of 3

22 candidates from which a member and alternate

23 will be selected.

24 (O) The United States Members of the

25 International Federation of Film Archives.
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1 (P) The Association of Moving Image Archi2 vists.

3 (Q) The Society of Composers and Lyricists.

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

5 Members appointed under paragraph (1), the Librar6 ian shall appoint up to 3 members-at-large. The Li7 brarian shall also select an alternate for each member

8 at-large, who may attend at Board expense those

9 meetings which the member at-large cannot attend.

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

11 of the Board to serve as Chair.

12 (c) TERM OF OFFICE.—

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

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

15 limit to the number of terms that any individual

16 member may serve.

17 (2) REMOVAL OF MEMBER OR ORGANIZATION.—

18 The Librarian shall have the authority to remove any

19 member of the Board, or the organization listed in

20 subsection (a) such member represents, if the member,

21 or organization, over any consecutive 2-year period,

22 fails to attend at least one regularly scheduled Board

23 meeting.

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

25 be filled in the manner in which the original appoint-
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1 ment was made under subsection (a), except that the

2 Librarian may fill the vacancy from a list of can3 didates previously submitted by the organization or

4 organizations involved. Any member appointed to fill

5 a vacancy before the expiration of the term for which

6 his or her predecessor was appointed shall be ap7 pointed for the remainder of such term.

8 (d) QUORUM.—11 members of the Board shall con9 stitute a quorum but a lesser number may hold hearings.

10 (e) BASIC PAY.—Members of the Board shall serve

11 without pay. While away from their home or regular places

12 of business in the performance of functions of the Board,

13 members of the Board shall be allowed travel expenses, in14 cluding per diem in lieu of subsistence, in the same manner

15 as persons employed intermittently in Government service

16 are allowed expenses under section 5701 of title 5, United

17 States Code.

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

19 each fiscal year. Meetings shall be at the call of the Librar20 ian.

21 (g) CONFLICT OF INTEREST.—The Librarian shall es22 tablish rules and procedures to address any potential con23 flict of interest between a member of the Board and respon24 sibilities of the Board.
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1 SEC. 105. RESPONSIBILITIES AND POWERS OF BOARD.

2 (a) IN GENERAL.—The Board shall review nomina3 tions of films submitted to it for inclusion in the National

4 Film Registry and consult with the Librarian, as provided

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

6 in the Registry and the preservation of these and other films

7 that are culturally, historically, or aesthetically significant.

8 (b) NOMINATION OF FILMS.—The Board shall consider,

9 for inclusion in the National Film Registry, nominations

10 submitted by the general public as well as representatives

11 of the film industry, such as the guilds and societies rep12 resenting actors, directors, screenwriters, cinematographers,

13 and other creative artists, producers, and film critics, ar14 chives and other film preservation organizations, and rep15 resentatives of academic institutions with film study pro16 grams. The Board shall nominate not more than 25 films

17 each year for inclusion in the Registry.

18 (c) POWERS.—

19 (1) IN GENERAL.—The Board may, for the pur20 pose of carrying out its duties, hold such hearings, sit

21 and act at such times and places, take such testi22 mony, and receive such evidence, as the Librarian

23 and the Board consider appropriate.

24 (2) SERVICE ON FOUNDATION.—Two sitting

25 members of the Board shall be appointed by the Li26 brarian, and shall serve, as Board members of the Na-
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1 tional Film Preservation Foundation, in accordance

2 with section 203.

3 SEC. 106. NATIONAL FILM REGISTRY COLLECTION OF THE

4 LIBRARY OF CONGRESS.

5 (a) ACQUISITION OF ARCHIVAL QUALITY COPIES.—

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

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

8 each film included in the National Film Registry. Whenever

9 possible, the Librarian shall endeavor to obtain the best sur10 viving materials, including preprint materials. Copyright

11 owners and others possessing copies of such materials are

12 strongly encouraged, to further the preservation purposes of

13 this Act, to provide preprint and other archival elements

14 to the Library of Congress.

15 (b) ADDITIONAL MATERIALS.—The Librarian shall en16 deavor to obtain, for educational and research purposes, ad17 ditional materials related to each film included in the Na18 tional Film Registry, such as background materials, pro19 duction reports, shooting scripts (including continuity

20 scripts) and other similar materials.

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

22 films on the National Film Registry that are received as

23 gifts or bequests by the Librarian and other materials re24 ceived by the Librarian under subsection (b), shall become
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1 the property of the United States Government, subject to

2 the provisions of title 17, United States Code.

3 (d) NATIONAL FILM REGISTRY COLLECTION.—All cop4 ies of films on the National Film Registry that are received

5 by the Librarian under subsection (a), and other materials

6 received by the Librarian under subsection (b), shall be

7 maintained in the Library of Congress and be known as

8 the ‘‘National Film Registry Collection of the Library of

9 Congress’’. The Librarian shall, by regulation, and in ac10 cordance with title 17, United States Code, provide for rea11 sonable access to the films and other materials in such col12 lection for scholarly and research purposes.

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

14 (a) USE OF THE SEAL.—

15 (1) PROHIBITION ON DISTRIBUTION AND EXHI16 BITION.—No person shall knowingly distribute or ex17 hibit to the public a version of a film or any copy

18 of a film which bears the seal described in section

19 103(a)(3) if such film—

20 (A) is not included in the National Film

21 Registry; or

22 (B) is included in the National Film Reg23 istry, but such film or film copy has not been

24 approved for use of the seal by the Librarian

25 pursuant to section 103(a)(1)(D).
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1 (2) PROHIBITION ON PROMOTION.—No person

2 shall knowingly use the seal described in section

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

4 copy other than a Registry version.

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

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

7 film after the Librarian publishes in the Federal Register,

8 in accordance with section 103(a)(2), the name of that film

9 as selected for inclusion in the National Film Registry.

10 SEC. 108. REMEDIES.

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

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

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

14 (b) RELIEF.—

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

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

17 shall be limited to the removal of the seal of the Na18 tional Film Registry from the film involved in the

19 violation.

20 (2) FINE AND INJUNCTIVE RELIEF.—In the case

21 of a pattern or practice of the willful violation of sec22 tion 107(a), the United States district courts may

23 order a civil fine of not more than $10,000 and ap24 propriate injunctive relief.
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1 SEC. 109. LIMITATIONS OF REMEDIES.

2 The remedies provided in section 108 shall be the ex3 clusive remedies under this title, or any other Federal or

4 State law, regarding the use of the seal described in section

5 103(a)(3).

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

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

8 pay of such personnel as the Librarian considers appro9 priate to carry out this title.

10 (b) EXPERTS AND CONSULTANTS.—The Librarian

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

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

13 States Code, but at rates for individuals not to exceed the

14 daily equivalent of the maximum rate of basic pay payable

15 for GS–15 of the General Schedule. In no case may a mem16 ber of the Board or an alternate be paid as an expert or

17 consultant under this section.

18 SEC. 111. DEFINITIONS.

19 As used in this title—

20 (1) the term ‘‘Librarian’’ means the Librarian of

21 Congress;

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

23 Preservation Board;

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

25 defined in section 101 of title 17, United States Code,

26 except that such term does not include any work not
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1 originally fixed on film stock, such as a work fixed

2 on videotape or laser disk;

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

4 as defined in section 101 of title 17 United States

5 Code; and

6 (5) the term ‘‘Registry version’’ means, with re7 spect to a film, the version of a film first published,

8 or as complete a version as bona fide preservation

9 and restoration activities by the Librarian, an archi10 vist other than the Librarian, or the copyright owner

11 can compile in those cases where the original material

12 has been irretrievably lost.

13 SEC. 112. AUTHORIZATION OF APPROPRIATIONS.

14 There are authorized to be appropriated to the Librar15 ian such sums as may be necessary to carry out the pur16 poses of this title, but in no fiscal year shall such sum exceed

17 $250,000.

18 SEC. 113. EFFECTIVE DATE.

19 The provisions of this title shall be effective for 7 years

20 beginning on the date of the enactment of this Act. The pro21 visions of this title shall apply to any copy of any film,

22 including those copies of films selected for inclusion in the

23 National Film Registry under the National Film Preserva24 tion Act of 1988 and the National Film Preservation Act

25 of 1992, except that any film so selected under either Act
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1 shall be deemed to have been selected for the National Film

2 Registry under this title.

3 SEC. 114. REPEAL.

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

5 179 and following) is repealed.

6 TITLE II—THE NATIONAL FILM

7 PRESERVATION FOUNDATION

8 ACT

9 SEC. 201. SHORT TITLE.

10 This title may be cited as the ‘‘National Film Preser11 vation Foundation Act’’.

12 SEC. 202. ESTABLISHMENT AND PURPOSE OF FOUNDATION.

13 (a) ESTABLISHMENT.—There is established the Na14 tional Film Preservation Foundation (hereafter in this title

15 referred to as the ‘‘Foundation’’). The Foundation is a char16 itable and nonprofit corporation and is not an agency or

17 establishment of the United States.

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

19 are—

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

21 gifts to promote and ensure the preservation and pub22 lic accessibility of the nation’s film heritage held at

23 the Library of Congress and other public and non24 profit archives throughout the United States;
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1 (2) to further the goals of the Library of Con2 gress and the National Film Preservation Board in

3 connection with their activities under the National

4 Film Preservation Act; and

5 (3) to undertake and conduct other activities,

6 alone or in cooperation with other film related insti7 tutions and organizations, as will further the preser8 vation and public accessibility of films made in the

9 United States, particularly those not protected by pri10 vate interests, for the benefit of present and future

11 generations of Americans.

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

13 (a) ESTABLISHMENT AND MEMBERSHIP.—The Foun14 dation shall have a governing Board of Directors (hereafter

15 in this title referred to as the ‘‘Board’’), which shall consist

16 of 9 Directors, each of whom shall be a United States citizen

17 and at least 6 of whom must be knowledgeable or experi18 enced in film production, distribution, preservation or res19 toration, including 2 who shall be sitting members of the

20 National Film Preservation Board. These 6 members of the

21 Board shall, to the extent practicable, represent diverse

22 points of views from the film community, including motion

23 picture producers, creative artists, nonprofit and public ar24 chivists, historians, film critics, theater owners, and labora25 tory and university personnel. The Librarian of Congress
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1 (hereafter in this title referred to as the ‘‘Librarian’’) shall

2 be an ex officio non-voting member of the Board. Appoint3 ment to the Board shall not constitute employment by, or

4 the holding of an office of, the United States for the purpose

5 of any Federal law.

6 (b) APPOINTMENT AND TERMS.—Within 90 days after

7 the date of the enactment of this Act, the Librarian shall

8 appoint the Directors of the Board. Each Director shall be

9 appointed for a term of 4 years. A vacancy on the Board

10 shall be filled, within 60 days after the vacancy occurs, in

11 the manner in which the original appointment was made.

12 No individual may serve more than 2 consecutive terms as

13 a Director.

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

15 the Librarian from the membership of the Board for a 2-

16 year term, and thereafter shall be appointed and removed

17 in accordance with the Foundation’s bylaws.

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

19 of the Board shall constitute a quorum for the transaction

20 of business.

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

22 the Librarian or the Chair at least once a year. If a Direc23 tor misses 3 consecutive regularly scheduled meetings, that

24 individual may be removed from the Board by the Librar-
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1 ian, and that vacancy shall be filled in accordance with

2 subsection (b).

3 (f) REIMBURSEMENT OF EXPENSES.—Members of the

4 Board shall serve without pay, but may be reimbursed for

5 the actual and necessary traveling and subsistence expenses

6 incurred by them in the performance of the duties of the

7 Foundation.

8 (g) GENERAL POWERS.—

9 (1) ORGANIZATION OF FOUNDATION.—The Board

10 may complete the organization of the Foundation

11 by—

12 (A) appointing, removing, and replacing of13 ficers, except as provided for in paragraph

14 (2)(B);

15 (B) adopting a constitution and bylaws

16 consistent with the purpose of the Foundation

17 and the provisions of this title; and

18 (C) undertaking such other acts as may be

19 necessary to carry out the provisions of this title.

20 (2) LIMITATION ON APPOINTMENT OF EMPLOY21 EES.—The following limitations apply with respect to

22 the appointment of employees of the Foundation:

23 (A) Except as provided in subparagraph

24 (B), employees of the Foundation shall be ap25 pointed, removed, and replaced by the Secretary
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1 of the Board. All employees (including the Sec2 retary of the Board) shall be appointed and re3 moved without regard to the provisions of title 5,

4 United States Code, governing appointments in

5 the competitive service, and may be paid without

6 regard to the provisions of chapter 51 and sub7 chapter III of chapter 53 of such title relating to

8 classification and General Schedule pay rates,

9 except that no individual so appointed may re10 ceive pay in excess of the annual rate of basic

11 pay in effect for grade GS–15 of the General

12 Schedule. Neither the Board, nor any of the em13 ployees of the Foundation, including the Sec14 retary of the Board, shall be construed to be em15 ployees of the Library of Congress.

16 (B) The first employee appointed shall be

17 the Secretary of the Board. The Secretary shall

18 be appointed, and may be removed by, the Li19 brarian.

20 (C) The Secretary of the Board shall—

21 (i) serve as its executive director, and

22 (ii) be knowledgeable and experienced

23 in matters relating to film preservation and

24 restoration activities, financial manage25 ment, and fund-raising.
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1 SEC. 204. RIGHTS AND OBLIGATIONS OF THE FOUNDATION

2 (a) GENERAL.—The Foundation—

3 (1) shall have perpetual succession;

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

5 the District of Columbia, and any commonwealth, ter6 ritory, or possession of the United States;

7 (3) shall have its principal offices in the District

8 of Columbia; and

9 (4) shall at all times maintain a designated

10 agent authorized to accept service of process for the

11 Foundation.

12 The serving of notice to, or service of process upon, the agent

13 required under paragraph (4), or mailed to the business ad14 dress of such agent, shall be deemed as service upon or no15 tice to the Foundation.

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

17 selected by the Board which shall be judicially noticed.

18 (c) POWERS.—To carry out its purposes under section

19 202, the Foundation shall have, in addition to the powers

20 otherwise given it under this title, the usual powers of a

21 corporation acting as a trustee in the District of Columbia,

22 including the power—

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

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

25 or in trust, of real or personal property or any in26 come therefrom or other interest therein;
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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, debentures,

8 or other debt instruments;

9 (5) to sue and be sued, and complain and defend

10 itself in any court of competent jurisdiction, except

11 that the Directors of the Board shall not be personally

12 liable, except for gross negligence;

13 (6) to enter into contracts or other arrangements

14 with public agencies and private organizations and

15 persons and to make such payments as may be nec16 essary 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 Foundation

20 even though it is encumbered, restricted, or subject to bene21 ficial interests of private persons, if any current or future

22 interest therein is for the benefit of the Foundation.

23 SEC. 205. ADMINISTRATIVE SERVICES AND SUPPORT.

24 The Librarian may provide personnel, facilities, and

25 other administrative services to the Foundation, including
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1 reimbursement of expenses under section 203, not to exceed

2 the current per diem rates for the Federal Government, and

3 may accept reimbursement therefor. Amounts so reimbursed

4 shall be deposited in the Treasury to the credit of the appro5 priations then current and chargeable for the cost of provid6 ing such services.

7 SEC. 206. VOLUNTEER STATUS.

8 The Librarian may accept, without regard to the civil

9 service classification laws, rules, or regulations, the services

10 of the Foundation, the Board, and other officers and em11 ployees of the Board, without compensation from the Li12 brary of Congress, as volunteers in the performance of the

13 functions authorized in this title.

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

15 OF ATTORNEY GENERAL, FOR EQUITABLE RE16 LIEF.

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

18 private corporation established under Federal law for pur19 poses of the Act entitled ‘‘An Act to provide for audit of

20 accounts of private corporations established under Federal

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

22 (b) REPORT.—The Foundation shall, as soon as prac23 ticable after the end of each fiscal year, transmit to the Con24 gress a report of its proceedings and activities during such
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1 year, including a full and complete statement of its receipts,

2 expenditures, and investments.

3 (c) RELIEF WITH RESPECT TO CERTAIN FOUNDATION

4 ACTS OR FAILURE TO ACT.—If the Foundation—

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

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

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

8 (2) refuses, fails, or neglects to discharge its obli9 gations under this title, or threatens to do so,

10 the Attorney General of the United States may file a peti11 tion in the United States District Court for the District

12 of Columbia for such equitable relief as may be necessary

13 or appropriate.

14 SEC. 208. UNITED STATES RELEASE FROM LIABILITY.

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

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

17 full faith and credit of the United States extend to any obli18 gation of the Foundation.

19 SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

20 (a) AUTHORIZATION.—There are authorized to be ap21 propriated to the Library of Congress such sums as may

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

23 exceed $250,000 for each of the fiscal years 2000 through

24 2003, to be made available to the Foundation to match pri25 vate contributions (whether in currency, services, or prop-
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1 erty) made to the Foundation by private persons and State

2 and local governments.

3 (b) ADMINISTRATIVE EXPENSES.—No Federal funds

4 authorized under this section may be used by the Founda5 tion for administrative expenses of the Foundation, includ6 ing for salaries, travel, and transportation expenses, and

7 other overhead expenses.

8 (c) NATIONAL FILM PRESERVATION BOARD FUNDS.—

9 Notwithstanding subsection (b), the Librarian is authorized

10 to use any funds not expended under title I for any of the

11 purposes of this title.