II 

109TH CONGRESS 

1ST SESSION S. 167 

To provide for the protection of intellectual property rights, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25, 2005 

Mr. HATCH (for himself, Mr. LEAHY, Mr. CORNYN, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To provide for the protection of intellectual property rights, 

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 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Family Entertainment 

5 and Copyright Act of 2005’’. 

6 TITLE I—ARTISTS’ RIGHTS AND 

7 THEFT PREVENTION 

8 SEC. 101. SHORT TITLE. 

9 This title may be cited as the ‘‘Artists’ Rights and 

10 Theft Prevention Act of 2005’’ or the ‘‘ART Act’’. 
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1 SEC. 102. CRIMINAL PENALTIES FOR UNAUTHORIZED RE2 CORDING OF MOTION PICTURES IN A MO3 TION PICTURE EXHIBITION FACILITY. 

4 (a) IN GENERAL.—Chapter 113 of title 18, United 

5 States Code, is amended by adding after section 2319A 

6 the following new section: 

7 ‘‘§ 2319B. Unauthorized recording of Motion pictures 

8 in a Motion picture exhibition facility 

9 ‘‘(a) OFFENSE.—Any person who, without the au10 thorization of the copyright owner, knowingly uses or at11 tempts to use an audiovisual recording device to transmit 

12 or make a copy of a motion picture or other audiovisual 

13 work protected under title 17, or any part thereof, from 

14 a performance of such work in a motion picture exhibition 

15 facility, shall— 

16 ‘‘(1) be imprisoned for not more than 3 years, 

17 fined under this title, or both; or 

18 ‘‘(2) if the offense is a second or subsequent of19 fense, be imprisoned for no more than 6 years, fined 

20 under this title, or both. 

21 The possession by a person of an audiovisual recording 

22 device in a motion picture exhibition facility may be con23 sidered as evidence in any proceeding to determine wheth24 er that person committed an offense under this subsection, 

25 but shall not, by itself, be sufficient to support a conviction 

26 of that person for such offense. 
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1 ‘‘(b) FORFEITURE AND DESTRUCTION.—When a per2 son is convicted of a violation of subsection (a), the court 

3 in its judgment of conviction shall, in addition to any pen4 alty provided, order the forfeiture and destruction or other 

5 disposition of all unauthorized copies of motion pictures 

6 or other audiovisual works protected under title 17, or 

7 parts thereof, and any audiovisual recording devices or 

8 other equipment used in connection with the offense. 

9 ‘‘(c) AUTHORIZED ACTIVITIES.—This section does 

10 not prevent any lawfully authorized investigative, protec11 tive, or intelligence activity by an officer, agent, or em12 ployee of the United States, a State, or a political subdivi13 sion of a State, or by a person acting under a contract 

14 with the United States, a State, or a political subdivision 

15 of a State. 

16 ‘‘(d) IMMUNITY FOR THEATERS.—With reasonable 

17 cause, the owner or lessee of a motion picture exhibition 

18 facility where a motion picture or other audiovisual work 

19 is being exhibited, the authorized agent or employee of 

20 such owner or lessee, the licensor of the motion picture 

21 or other audiovisual work being exhibited, or the agent 

22 or employee of such licensor— 

23 ‘‘(1) may detain, in a reasonable manner and 

24 for a reasonable time, any person suspected of a vio25 lation of this section with respect to that motion pic-
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1 ture or audiovisual work for the purpose of ques2 tioning or summoning a law enforcement officer; and 

3 ‘‘(2) shall not be held liable in any civil or 

4 criminal action arising out of a detention under 

5 paragraph (1). 

6 ‘‘(e) VICTIM IMPACT STATEMENT.— 

7 ‘‘(1) IN GENERAL.—During the preparation of 

8 the presentence report under rule 32(c) of the Fed9 eral Rules of Criminal Procedure, victims of an of10 fense under this section shall be permitted to submit 

11 to the probation officer a victim impact statement 

12 that identifies the victim of the offense and the ex13 tent and scope of the injury and loss suffered by the 

14 victim, including the estimated economic impact of 

15 the offense on that victim. 

16 ‘‘(2) CONTENTS.—A victim impact statement 

17 submitted under this subsection shall include— 

18 ‘‘(A) producers and sellers of legitimate 

19 works affected by conduct involved in the of20 fense; 

21 ‘‘(B) holders of intellectual property rights 

22 in the works described in subparagraph (A); 

23 and 

24 ‘‘(C) the legal representatives of such pro25 ducers, sellers, and holders. 
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1 ‘‘(f) STATE LAW NOT PREEMPTED.—Nothing in this 

2 section may be construed to annul or limit any rights or 

3 remedies under the laws of any State. 

4 ‘‘(g) DEFINITIONS.—In this section, the following 

5 definitions shall apply: 

6 ‘‘(1) TITLE 17 DEFINITIONS.—The terms 

7 ‘audiovisual work’, ‘copy’, ‘copyright owner’, ‘motion 

8 picture’, ‘motion picture exhibition facility’, and 

9 ‘transmit’ have, respectively, the meanings given 

10 those terms in section 101 of title 17. 

11 ‘‘(2) AUDIOVISUAL RECORDING DEVICE.—The 

12 term ‘audiovisual recording device’ means a digital 

13 or analog photographic or video camera, or any 

14 other technology or device capable of enabling the 

15 recording or transmission of a copyrighted motion 

16 picture or other audiovisual work, or any part there17 of, regardless of whether audiovisual recording is the 

18 sole or primary purpose of the device.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 113 of title 18, United States 

21 Code, is amended by inserting after the item relating to 

22 section 2319A the following: 

‘‘2319B. Unauthorized recording of motion pictures in a motion picture exhibition facility.’’. 

23 (c) DEFINITION.—Section 101 of title 17, United 

24 States Code, is amended by inserting after the definition 
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1 of ‘‘Motion pictures’’ the following: ‘‘The term ‘‘motion 

2 picture exhibition facility’’ means a movie theater, screen3 ing room, or other venue that is being used primarily for 

4 the exhibition of a copyrighted motion picture, if such ex5 hibition is open to the public or is made to an assembled 

6 group of viewers outside of a normal circle of a family 

7 and its social acquaintances.’’. 

8 SEC. 103. CRIMINAL INFRINGEMENT OF A WORK BEING 

9 PREPARED FOR COMMERCIAL DISTRIBU10 TION. 

11 (a) PROHIBITED ACTS.—Section 506(a) of title 17, 

12 United States Code, is amended to read as follows: 

13 ‘‘(a) CRIMINAL INFRINGEMENT.— 

14 ‘‘(1) IN GENERAL.—Any person who willfully 

15 infringes a copyright shall be punished as provided 

16 under section 2319 of title 18, if the infringement 

17 was committed— 

18 ‘‘(A) for purposes of commercial advantage 

19 or private financial gain; 

20 ‘‘(B) by the reproduction or distribution, 

21 including by electronic means, during any 180– 

22 day period, of 1 or more copies or phonorecords 

23 of 1 or more copyrighted works, which have a 

24 total retail value of more than $1,000; or 
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1 ‘‘(C) by the distribution of a work being 

2 prepared for commercial distribution, by mak3 ing it available on a computer network acces4 sible to members of the public, if such person 

5 knew or should have known that the work was 

6 intended for commercial distribution. 

7 ‘‘(2) EVIDENCE.—For purposes of this sub8 section, evidence of reproduction or distribution of a 

9 copyrighted work, by itself, shall not be sufficient to 

10 establish willful infringement of a copyright. 

11 ‘‘(3) DEFINITION.—In this subsection, the term 

12 ‘work being prepared for commercial distribution’ 

13 means— 

14 ‘‘(A) a computer program, a musical work, 

15 a motion picture or other audiovisual work, or 

16 a sound recording, if, at the time of unauthor17 ized distribution— 

18 ‘‘(i) the copyright owner has a reason19 able expectation of commercial distribu20 tion; and 

21 ‘‘(ii) the copies or phonorecords of the 

22 work have not been commercially distrib23 uted; or 

24 ‘‘(B) a motion picture, if, at the time of 

25 unauthorized distribution, the motion picture— 
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1 ‘‘(i) has been made available for view2 ing in a motion picture exhibition facility; 

3 and 

4 ‘‘(ii) has not been made available in 

5 copies for sale to the general public in the 

6 United States in a format intended to per7 mit viewing outside a motion picture exhi8 bition facility.’’. 

9 (b) CRIMINAL PENALTIES.—Section 2319 of title 18, 

10 United States Code, is amended— 

11 (1) in subsection (a)— 

12 (A) by striking ‘‘Whoever’’ and inserting 

13 ‘‘Any person who’’; and 

14 (B) by striking ‘‘and (c) of this section’’ 

15 and inserting ‘‘, (c), and (d)’’; 

16 (2) in subsection (b), by striking ‘‘section 

17 506(a)(1)’’ and inserting ‘‘section 506(a)(1)(A)’’; 

18 (3) in subsection (c), by striking ‘‘section 

19 506(a)(2) of title 17, United States Code’’ and in20 serting ‘‘section 506(a)(1)(B) of title 17’’; 

21 (4) by redesignating subsections (d) and (e) as 

22 subsections (e) and (f), respectively; 

23 (5) by adding after subsection (c) the following: 

24 ‘‘(d) Any person who commits an offense under sec25 tion 506(a)(1)(C) of title 17— 
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1 ‘‘(1) shall be imprisoned not more than 3 years, 

2 fined under this title, or both; 

3 ‘‘(2) shall be imprisoned not more than 5 years, 

4 fined under this title, or both, if the offense was 

5 committed for purposes of commercial advantage or 

6 private financial gain; 

7 ‘‘(3) shall be imprisoned not more than 6 years, 

8 fined under this title, or both, if the offense is a sec9 ond or subsequent offense; and 

10 ‘‘(4) shall be imprisoned not more than 10 

11 years, fined under this title, or both, if the offense 

12 is a second or subsequent offense under paragraph 

13 (2).’’; and 

14 (6) in subsection (f), as redesignated— 

15 (A) in paragraph (1), by striking ‘‘and’’ at 

16 the end; 

17 (B) in paragraph (2), by striking the pe18 riod at the end and inserting a semicolon; and 

19 (C) by adding at the end the following: 

20 ‘‘(3) the term ‘financial gain’ has the meaning 

21 given the term in section 101 of title 17; and 

22 ‘‘(4) the term ‘work being prepared for com23 mercial distribution’ has the meaning given the term 

24 in section 506(a) of title 17.’’. 
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1 SEC. 104. CIVIL REMEDIES FOR INFRINGEMENT OF A WORK 

2 BEING PREPARED FOR COMMERCIAL DIS3 TRIBUTION. 

4 (a) PREREGISTRATION.—Section 408 of title 17, 

5 United States Code, is amended by adding at the end the 

6 following: 

7 ‘‘(f) PREREGISTRATION OF WORKS BEING PRE8 PARED FOR COMMERCIAL DISTRIBUTION.— 

9 ‘‘(1) RULEMAKING.—Not later than 180 days 

10 after the date of enactment of this subsection, the 

11 Register of Copyrights shall issue regulations to es12 tablish procedures for preregistration of a work that 

13 is being prepared for commercial distribution and 

14 has not been published. 

15 ‘‘(2) CLASS OF WORKS.—The regulations estab16 lished under paragraph (1) shall permit 

17 preregistration for any work that is in a class of 

18 works that the Register determines has had a his19 tory of infringement prior to authorized commercial 

20 distribution. 

21 ‘‘(3) APPLICATION FOR REGISTRATION.—Not 

22 later than 3 months after the first publication of a 

23 work preregistered under this subsection, the appli24 cant shall submit to the Copyright Office— 

25 ‘‘(A) an application for registration of the 

26 work; 
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1 ‘‘(B) a deposit; and 

2 ‘‘(C) the applicable fee. 

3 ‘‘(4) EFFECT OF UNTIMELY APPLICATION.—An 

4 action under this chapter for infringement of a work 

5 preregistered under this subsection, in a case in 

6 which the infringement commenced no later than 2 

7 months after the first publication of the work, shall 

8 be dismissed if the items described in paragraph (3) 

9 are not submitted to the Copyright Office in proper 

10 form within the earlier of— 

11 ‘‘(A) 3 months after the first publication of 

12 the work; or 

13 ‘‘(B) 1 month after the copyright owner 

14 has learned of the infringement.’’. 

15 (b) INFRINGEMENT ACTIONS.—Section 411(a) of 

16 title 17, United States Code, is amended by inserting 

17 ‘‘preregistration or’’ after ‘‘shall be instituted until’’. 

18 (c) EXCLUSION.—Section 412 of title 17, United 

19 States Code, is amended by inserting after ‘‘section 

20 106A(a)’’ the following: ‘‘, an action for infringement of 

21 the copyright of a work that has been preregistered under 

22 section 408(f) before the commencement of the infringe23 ment and that has an effective date of registration not 

24 later than the earlier of 3 months after the first publica-
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1 tion of the work or 1 month after the copyright owner 

2 has learned of the infringement,’’. 

3 SEC. 105. FEDERAL SENTENCING GUIDELINES. 

4 (a) REVIEW AND AMENDMENT.—Not later than 180 

5 days after the date of enactment of this Act, the United 

6 States Sentencing Commission, pursuant to its authority 

7 under section 994 of title 28, United States Code, and 

8 in accordance with this section, shall review and, if appro9 priate, amend the Federal sentencing guidelines and policy 

10 statements applicable to persons convicted of intellectual 

11 property rights crimes, including any offense under— 

12 (1) section 506, 1201, or 1202 of title 17, 

13 United States Code; or 

14 (2) section 2318, 2319, 2319A, 2319B, or 2320 

15 of title 18, United States Code. 

16 (b) AUTHORIZATION.—The United States Sentencing 

17 Commission may amend the Federal sentencing guidelines 

18 in accordance with the procedures set forth in section 

19 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) 

20 as though the authority under that section had not ex21 pired. 

22 (c) RESPONSIBILITIES OF UNITED STATES SEN23 TENCING COMMISSION.—In carrying out this section, the 

24 United States Sentencing Commission shall— 
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1 (1) take all appropriate measures to ensure that 

2 the Federal sentencing guidelines and policy state3 ments described in subsection (a) are sufficiently 

4 stringent to deter, and adequately reflect the nature 

5 of, intellectual property rights crimes; 

6 (2) determine whether to provide a sentencing 

7 enhancement for those convicted of the offenses de8 scribed in subsection (a), if the conduct involves the 

9 display, performance, publication, reproduction, or 

10 distribution of a copyrighted work before it has been 

11 authorized by the copyright owner, whether in the 

12 media format used by the infringing party or in any 

13 other media format; 

14 (3) determine whether the scope of ‘‘uploading’’ 

15 set forth in application note 3 of section 2B5.3 of 

16 the Federal sentencing guidelines is adequate to ad17 dress the loss attributable to people who, without au18 thorization, broadly distribute copyrighted works 

19 over the Internet; and 

20 (4) determine whether the sentencing guidelines 

21 and policy statements applicable to the offenses de22 scribed in subsection (a) adequately reflect any harm 

23 to victims from copyright infringement if law en24 forcement authorities cannot determine how many 
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1 times copyrighted material has been reproduced or 

2 distributed. 

3 TITLE II—EXEMPTION FROM IN4 FRINGEMENT FOR SKIPPING 

5 AUDIO AND VIDEO CONTENT 

6 IN MOTION PICTURES 

7 SEC. 201. SHORT TITLE. 

8 This title may be cited as the ‘‘Family Movie Act of 

9 2005’’. 

10 SEC. 202. EXEMPTION FROM INFRINGEMENT FOR SKIPPING 

11 AUDIO AND VIDEO CONTENT IN MOTION PIC12 TURES. 

13 (a) IN GENERAL.—Section 110 of title 17, United 

14 States Code, is amended— 

15 (1) in paragraph (9), by striking ‘‘and’’ after 

16 the semicolon at the end; 

17 (2) in paragraph (10), by striking the period at 

18 the end and inserting ‘‘; and’’; 

19 (3) by inserting after paragraph (10) the fol20 lowing: 

21 ‘‘(11) the making imperceptible, by or at the di22 rection of a member of a private household, of lim23 ited portions of audio or video content of a motion 

24 picture, during a performance in or transmitted to 

25 that household for private home viewing, from an 
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1 authorized copy of the motion picture, or the cre2 ation or provision of a computer program or other 

3 technology that enables such making imperceptible 

4 and that is designed and marketed to be used, at the 

5 direction of a member of a private household, for 

6 such making imperceptible, if no fixed copy of the 

7 altered version of the motion picture is created by 

8 such computer program or other technology.’’; and 

9 (4) by adding at the end the following: 

10 ‘‘For purposes of paragraph (11), the term ‘making 

11 imperceptible’ does not include the addition of audio or 

12 video content that is performed or displayed over or in 

13 place of existing content in a motion picture. 

14 ‘‘Nothing in paragraph (11) shall be construed to 

15 imply further rights under section 106 of this title, or to 

16 have any effect on defenses or limitations on rights grant17 ed under any other section of this title or under any other 

18 paragraph of this section.’’. 

19 (b) EXEMPTION FROM TRADEMARK INFRINGE20 MENT.—Section 32 of the Trademark Act of 1946 (15 

21 U.S.C. 1114) is amended by adding at the end the fol22 lowing: 

23 ‘‘(3)(A) Any person who engages in the conduct de24 scribed in paragraph (11) of section 110 of title 17, 

25 United States Code, and who complies with the require-
16 

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1 ments set forth in that paragraph is not liable on account 

2 of such conduct for a violation of any right under this Act. 

3 This subparagraph does not preclude liability, nor shall 

4 it be construed to restrict the defenses or limitations on 

5 rights granted under this Act, of a person for conduct not 

6 described in paragraph (11) of section 110 of title 17, 

7 United States Code, even if that person also engages in 

8 conduct described in paragraph (11) of section 110 of 

9 such title. 

10 ‘‘(B) A manufacturer, licensee, or licensor of tech11 nology that enables the making of limited portions of 

12 audio or video content of a motion picture imperceptible 

13 as described in subparagraph (A) is not liable on account 

14 of such manufacture or license for a violation of any right 

15 under this Act, if such manufacturer, licensee, or licensor 

16 ensures that the technology provides a clear and con17 spicuous notice at the beginning of each performance that 

18 the performance of the motion picture is altered from the 

19 performance intended by the director or copyright holder 

20 of the motion picture. The limitations on liability in sub21 paragraph (A) and this subparagraph shall not apply to 

22 a manufacturer, licensee, or licensor of technology that 

23 fails to comply with this paragraph. 

24 ‘‘(C) The requirement under subparagraph (B) to 

25 provide notice shall apply only with respect to technology 
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1 manufactured after the end of the 180-day period begin2 ning on the date of the enactment of the Family Movie 

3 Act of 2005. 

4 ‘‘(D) Any failure by a manufacturer, licensee, or li5 censor of technology to qualify for the exemption under 

6 subparagraphs (A) and (B) shall not be construed to cre7 ate an inference that any such party that engages in con8 duct described in paragraph (11) of section 110 of title 

9 17, United States Code, is liable for trademark infringe10 ment by reason of such conduct.’’. 

11 (c) DEFINITION.—In this section, the term ‘‘Trade12 mark Act of 1946’’ means the Act entitled ‘‘An Act to 

13 provide for the registration and protection of trademarks 

14 used in commerce, to carry out the provisions of certain 

15 international conventions, and for other purposes’’, ap16 proved July 5, 1946 (15 U.S.C. 1051 et seq.). 

17 TITLE III—NATIONAL FILM 

18 PRESERVATION 

19 Subtitle A—Reauthorization of the 

20 National Film Preservation Board 

21 SEC. 301. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘National Film 

23 Preservation Act of 2005’’. 
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1 SEC. 302. REAUTHORIZATION AND AMENDMENT. 

2 (a) DUTIES OF THE LIBRARIAN OF CONGRESS.—Sec3 tion 103 of the National Film Preservation Act of 1996 

4 (2 U.S.C. 179m) is amended— 

5 (1) in subsection (b)— 

6 (A) by striking ‘‘film copy’’ each place that 

7 term appears and inserting ‘‘film or other ap8 proved copy’’; 

9 (B) by striking ‘‘film copies’’ each place 

10 that term appears and inserting ‘‘film or other 

11 approved copies’’; and 

12 (C) in the third sentence, by striking 

13 ‘‘copyrighted’’ and inserting ‘‘copyrighted, mass 

14 distributed, broadcast, or published’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(c) COORDINATION OF PROGRAM WITH OTHER

17 COLLECTION, PRESERVATION, AND ACCESSIBILITY AC18 TIVITIES.—In carrying out the comprehensive national 

19 film preservation program for motion pictures established 

20 under the National Film Preservation Act of 1992, the 

21 Librarian, in consultation with the Board established pur22 suant to section 104, shall— 

23 ‘‘(1) carry out activities to make films included 

24 in the National Film registry more broadly acces25 sible for research and educational purposes, and to 

26 generate public awareness and support of the Reg-
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1 istry and the comprehensive national film preserva2 tion program; 

3 ‘‘(2) review the comprehensive national film 

4 preservation plan, and amend it to the extent nec5 essary to ensure that it addresses technological ad6 vances in the preservation and storage of, and access 

7 to film collections in multiple formats; and 

8 ‘‘(3) wherever possible, undertake expanded ini9 tiatives to ensure the preservation of the moving 

10 image heritage of the United States, including film, 

11 videotape, television, and born digital moving image 

12 formats, by supporting the work of the National 

13 Audio-Visual Conservation Center of the Library of 

14 Congress, and other appropriate nonprofit archival 

15 and preservation organizations.’’. 

16 (b) NATIONAL FILM PRESERVATION BOARD.—Sec17 tion 104 of the National Film Preservation Act of 1996 

18 (2 U.S.C. 179n) is amended— 

19 (1) in subsection (a)(1) by striking ‘‘20’’ and 

20 inserting ‘‘22’’; 

21 (2) in subsection (a) (2) by striking ‘‘three’’ 

22 and inserting ‘‘5’’; 

23 (3) in subsection (d) by striking ‘‘11’’ and in24 serting ‘‘12’’; and 
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1 (4) by striking subsection (e) and inserting the 

2 following: 

3 ‘‘(e) REIMBURSEMENT OF EXPENSES.—Members of 

4 the Board shall serve without pay, but may receive travel 

5 expenses, including per diem in lieu of subsistence, in ac6 cordance with sections 5702 and 5703 of title 5, United 

7 States Code.’’. 

8 (c) NATIONAL FILM REGISTRY.—Section 106 of the 

9 National Film Preservation Act of 1996 (2 U.S.C. 179p) 

10 is amended by adding at the end the following: 

11 ‘‘(e) NATIONAL AUDIO-VISUAL CONSERVATION CEN12 TER.—The Librarian shall utilize the National Audio-Vis13 ual Conservation Center of the Library of Congress at 

14 Culpeper, Virginia, to ensure that preserved films included 

15 in the National Film Registry are stored in a proper man16 ner, and disseminated to researchers, scholars, and the 

17 public as may be appropriate in accordance with— 

18 ‘‘(1) title 17, United States Code; and 

19 ‘‘(2) the terms of any agreements between the 

20 Librarian and persons who hold copyrights to such 

21 audiovisual works.’’. 

22 (d) USE OF SEAL.—Section 107 (a) of the National 

23 Film Preservation Act of 1996 (2 U.S.C. 179q(a)) is 

24 amended— 
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1 (1) in paragraph (1), by inserting ‘‘in any for2 mat’’ after ‘‘or any copy’’; and 

3 (2) in paragraph (2), by striking ‘‘or film copy’’ 

4 and inserting ‘‘in any format’’. 

5 (e) EFFECTIVE DATE.—Section 113 of the National 

6 Film Preservation Act of 1996 (2 U.S.C. 179w) is amend7 ed by striking ‘‘7’’ and inserting ‘‘12’’. 

8 Subtitle B—Reauthorization of the 

9 National Film Preservation 

10 Foundation 

11 SEC. 311. SHORT TITLE. 

12 This subtitle may be cited as the ‘‘National Film 

13 Preservation Foundation Reauthorization Act of 2005’’. 

14 SEC. 312. REAUTHORIZATION AND AMENDMENT. 

15 (a) BOARD OF DIRECTORS.—Section 151703 of title 

16 36, United States Code, is amended— 

17 (1) in subsection (b)(2)(A), by striking ‘‘nine’’ 

18 and inserting ‘‘12’’; and 

19 (2) in subsection (b)(4), by striking the second 

20 sentence and inserting ‘‘There shall be no limit to 

21 the number of terms to which any individual may be 

22 appointed.’’. 

23 (b) POWERS.—Section 151705 of title 36, United 

24 States Code, is amended in subsection (b) by striking 
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1 ‘‘District of Columbia’’ and inserting ‘‘the jurisdiction in 

2 which the principal office of the corporation is located’’. 

3 (c) PRINCIPAL OFFICE.—Section 151706 of title 36, 

4 United States Code, is amended by inserting ‘‘, or another 

5 place as determined by the board of directors’’ after ‘‘Dis6 trict of Columbia’’. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

8 151711 of title 36, United States Code, is amended by 

9 striking subsections (a) and (b) and inserting the fol10 lowing: 

11 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Library of Con13 gress amounts necessary to carry out this chapter, not to 

14 exceed $530,000 for each of the fiscal years 2005 through 

15 2009. These amounts are to be made available to the cor16 poration to match any private contributions (whether in 

17 currency, services, or property) made to the corporation 

18 by private persons and State and local governments. 

19 ‘‘(b) LIMITATION RELATED TO ADMINISTRATIVE EX20 PENSES.—Amounts authorized under this section may not 

21 be used by the corporation for management and general 

22 or fundraising expenses as reported to the Internal Rev23 enue Service as part of an annual information return re24 quired under the Internal Revenue Code of 1986.’’. 
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1 TITLE IV—PRESERVATION OF 

2 ORPHAN WORKS 

3 SEC. 401. SHORT TITLE. 

4 This title may be cited as the ‘‘Preservation of Or5 phan Works Act’’. 

6 SEC. 402. REPRODUCTION OF COPYRIGHTED WORKS BY LI7 BRARIES AND ARCHIVES. 

8 Section 108(i) of title 17, United States Code, is 

9 amended by striking ‘‘(b) and (c)’’ and inserting ‘‘(b), (c), 

10 and (h)’’. 

Æ