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 estab-
lished 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 representa-
tives, 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 Preserva-
tion 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 complemen-
tary;
(ii) generate public awareness of and support for
these activities;
(iii) increase accessibility of films for educational
purposes; and
H. R. 1734—2
(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 publica-
tion;
(C) establish procedures under which the general pub-
lic may make recommendations to the Board regarding
the inclusion of films in the National Film Registry; and
(D) determine which films satisfy the criteria estab-
lished 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 copy-
righted 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 cul-
tural, 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 can-
didates 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
H. R. 1734—3
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 can-
not 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 rep-
resents, 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 aestheti-
cally significant.
(b) NOMINATION OF FILMS.—The Board shall consider, for inclu-
sion 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, screen-
writers, cinematographers, and other creative artists, producers,
and film critics, archives and other film preservation organizations,
and representatives of academic institutions with film study pro-
grams. 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 carry-
ing out its duties, hold such hearings, sit and act at such
times and places, take such testimony, and receive such evi-
dence, 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 Founda-
tion, 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 schol-
arly and research purposes.
SEC. 107. SEAL OF THE NATIONAL FILM REGISTRY.
(a) USE OF THE SEAL.—
(1) PROHIBITION ON DISTRIBUTION AND EXHIBITION.—No per-
son 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 know-
ingly 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, regard-
ing 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 carry-
ing 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 begin-
ning 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 cor-
poration and is not an agency or establishment of the United
States.
(b) PURPOSES.—The purposes of the Foundation are—