didates previously submitted by the organization or
organizations involved. Any member appointed to fill
a vacancy before the expiration of the term for
which his or her predecessor was appointed shall be
appointed for the remainder of such term.
(d) QUORUM.—11 members of the Board shall con-
stitute 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 ex-
penses 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 Li-
brarian.
(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 nomina-
tions 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 sig-
nificant.
(b) NOMINATION OF FILMS.—The Board shall con-
sider, for inclusion in the National Film Registry, nomina-
tions submitted by the general public as well as represent-
atives of the film industry, such as the guilds and societies
representing actors, directors, screenwriters, cinematog-
raphers, 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 pur-
pose of carrying out its duties, hold such hearings,
sit and act at such times and places, take such testi-
mony, 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 Li-
brarian, and shall serve, as Board members of the
National Film Preservation Foundation, in accord-
ance 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. When-
ever 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 preserva-
tion purposes of this Act, to provide preprint and other
archival elements to the Library of Congress.
(b) ADDITIONAL MATERIALS.—The Librarian shall
endeavor to obtain, for educational and research purposes,
additional materials related to each film included in the
National Film Registry, such as background materials,
production reports, shooting scripts (including continuity
scripts) and other similar materials.
(c) PROPERTY OF UNITED STATES.—All copies of
films on the National Film Registry that are received as
gifts or bequests by the Librarian and other materials re-
ceived 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 re-
ceived 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, pro-
vide 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 EXHI-
BITION.—No person shall knowingly distribute or ex-
hibit 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 Reg-
istry, 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 Reg-
ister, 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 Na-
tional 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 ex-
clusive remedies under this title, or any other Federal or
State law, regarding the use of the seal described in sec-
tion 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 appro-
priate to carry out this title.
(b) EXPERTS AND CONSULTANTS.—The Librarian
may, in carrying out this title, procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not to
exceed the daily equivalent of the maximum rate of basic
pay payable for GS–15 of the General Schedule. In no case
may a member of the Board or an alternate be paid as
an expert or consultant under this section.
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 re-
spect 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 archi-
vist other than the Librarian, or the copyright owner
can compile in those cases where the original mate-
rial has been irretrievably lost.
SEC. 112. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Li-
brarian 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 Preserva-
tion 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 Preser-
vation Foundation Act’’.
SEC. 202. ESTABLISHMENT AND PURPOSE OF FOUNDATION.
(a) ESTABLISHMENT.—There is established the Na-
tional Film Preservation Foundation (hereafter in this
title referred to as the ‘‘Foundation’’). The Foundation
is a charitable and nonprofit corporation and is not an
agency or establishment of the United States.
(b) PURPOSES.—The purposes of the Foundation
are—
(1) to encourage, accept, and administer private
gifts to promote and ensure the preservation and
public accessibility of the nation’s film heritage held
at the Library of Congress and other public and
nonprofit archives throughout the United States;
(2) to further the goals of the Library of Con-
gress 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 insti-
tutions and organizations, as will further the preser-
vation and public accessibility of films made in the
United States, particularly those not protected by
private interests, for the benefit of present and fu-
ture 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 Unit-
ed States citizen and at least 6 of whom must be knowl-
edgeable or experienced in film production, distribution,
preservation, or restoration, including 2 who shall be sit-
ting members of the National Film Preservation Board.
These 6 members of the Board shall, to the extent prac-
ticable, 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 per-
sonnel. The Librarian of Congress (hereafter in this title
referred to as the ‘‘Librarian’’) shall be an ex officio non-
voting 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 consecu-
tive 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 re-
moved 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 Direc-
tor 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 ex-
penses incurred by them in the performance of the duties
of the Foundation.
(g) GENERAL POWERS.—
(1) ORGANIZATION
OF
FOUNDATION.—The
Board may complete the organization of the Foun-
dation by—
(A) appointing, removing, and replacing of-
ficers, 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 EMPLOY-
EES.—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 ap-
pointed, removed, and replaced by the Secretary
of the Board. All employees (including the Sec-
retary of the Board) shall be appointed and re-
moved 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 ap-
pointed 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, includ-
ing the Secretary of the Board, shall be con-
strued to be employees of the Library of Con-
gress.
(B) The first employee appointed shall be
the Secretary of the Board. The Secretary shall
be appointed, and may be removed by, the Li-
brarian.
(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 man-
agement, 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 Dis-
trict 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 busi-
ness 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 sec-
tion 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 Co-
lumbia, including the power—
(1) to accept, receive, solicit, hold, administer,
and use any gift, devise, or bequest, either absolutely
or in trust, of real or personal property or any in-
come 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, re-
tain, or otherwise dispose of any property or income
therefrom;
(4) to borrow money and issue bonds, deben-
tures, or other debt instruments;
(5) to sue and be sued, and complain and de-
fend itself in any court of competent jurisdiction, ex-
cept that the Directors of the Board shall not be
personally liable, except for gross negligence;
(6) to enter into contracts or other arrange-
ments 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 Founda-
tion 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 Founda-
tion.
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 ex-
ceed the current per diem rates for the Federal Govern-
ment, 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 serv-
ices 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 pur-
poses 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 prac-
ticable 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 FOUNDA-
TION ACTS OR FAILURE TO ACT.—If the Foundation—
(1) engages in, or threatens to engage in, any
act, practice, or policy that is inconsistent with its
purposes set forth in section 202(b), or
(2) refuses, fails, or neglects to discharge its
obligations under this title, or threatens to do so,
the Attorney General of the United States may file a peti-
tion 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 ap-
propriated 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 Founda-
tion for administrative expenses of the Foundation, includ-
ing for salaries, travel, and transportation expenses, and
other overhead expenses.
Passed the House of Representatives July 29, 1996.
Attest:
Clerk.