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junction with other film archivists, educators
and historians, copyright owners, film industry
representatives, and others involved in activities
related to film preservation, taking into account
the objectives of the national film preservation
study and the comprehensive national plan con-
ducted under the National Film Preservation
Act of 1992. This program shall—
(i) coordinate activities to assure that
efforts of archivists and copyright owners,
and others in the public and private sector,
are effective and complementary;
(ii) generate public awareness of and
support for these activities;
(iii) increase accessibility of films for
educational purposes; and
(iv) undertake studies and investiga-
tions of film preservation activities as
needed, including the efficacy of new tech-
nologies, and recommend solutions to im-
prove these practices;
(B) establish criteria and procedures under
which films may be included in the National
Film Registry, except that no film shall be eligi-
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ble for inclusion in the National Film Registry
until 10 years after such film’s first publication;
(C) establish procedures under which the
general public may make recommendations to
the Board regarding the inclusion of films in
the National Film Registry; and
(D) determine which films satisfy the cri-
teria established under subparagraph (B) and
qualify for inclusion in the National Film Reg-
istry, 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 Na-
tional 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 sub-
section (a)(3) may only be used on film copies of the Reg-
istry version of a film. Such seal may be used only after
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the Librarian has given approval to those persons seeking
to apply the seal in accordance with the guidelines under
subsection (a)(3). In the case of copyrighted works, only
the copyright owner or an authorized licensee of the copy-
right owner may place or authorize the placement of the
seal on any film copy of a Registry version of a film se-
lected for inclusion in the National Film Registry, and the
Librarian may place the seal on any film copy of the Reg-
istry version of any film that is maintained in the National
Film Registry Collection in the Library of Congress. Any-
one 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 inclu-
sion in the National Film Registry by the National Film
Preservation Board of the Library of Congress because of
its cultural, historical, or aesthetic significance.’’.
SEC. 104. NATIONAL FILM PRESERVATION BOARD.
(a) NUMBER AND APPOINTMENT.—
(1) MEMBERS.—The Librarian shall establish
in the Library of Congress a National Film Preser-
vation 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
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of 3 candidates qualified to serve as a member of the
Board. Except for the members-at-large appointed
under subparagraph (2), the Librarian shall appoint
one member from each such list submitted by such
organizations, and shall designate from that list an
alternate who may attend at Board expense those
meetings to which the individual appointed to the
Board cannot attend. The organizations are the fol-
lowing:
(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 organiza-
tion 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 Tele-
vision of the School of Theater, Film and Tele-
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vision at the University of California, Los An-
geles.
(H) The Department of Film and Tele-
vision of the Tisch School of the Arts at New
York University.
(I) The University Film and Video Asso-
ciation.
(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 Cinematog-
raphers and the International Photographers
Guild, which shall jointly submit one list of 3
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 Ar-
chivists.
(Q) 
The 
Society 
of 
Composers 
and
Lyricists.
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(2) MEMBERS-AT-LARGE.—In addition to the
Members appointed under paragraph (1), the Li-
brarian shall appoint up to 3 members-at-large. The
Librarian shall also select an alternate for each
member at-large, who may attend at Board expense
those meetings which the member at-large cannot
attend.
(b) CHAIR.—The Librarian shall appoint one member
of the Board to serve as Chair.
(c) TERM OF OFFICE.—
(1) TERMS.—The term of each member of the
Board shall be 4 years, except that there shall be no
limit to the number of terms that any individual
member may serve.
(2) REMOVAL
OF
MEMBER
OR
ORGANIZA-
TION.—The Librarian shall have the authority to re-
move any member of the Board, or the organization
listed in subsection (a) such member represents, if
the member, or organization, over any consecutive 2-
year period, fails to attend at least one regularly
scheduled Board meeting.
(3) VACANCIES.—A vacancy in the Board shall
be filled in the manner in which the original appoint-
ment was made under subsection (a), except that the
Librarian may fill the vacancy from a list of can-
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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
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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.
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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-
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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.
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(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
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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;
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(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.
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(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
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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
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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
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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—
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(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;