(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 Uni-
versity.
(I) The University Film and Video Associa-
tion.
(J) The Motion Picture Association of
America.
(K) The Alliance of Motion Picture and Tel-
evision 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 Archi-
vists.
(Q) The Society of Composers and Lyricists.
(2) MEMBERS-AT-LARGE.—In addition to the
Members appointed under paragraph (1), the Librar-
ian shall appoint up to 3 members-at-large. The Li-
brarian 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 ORGANIZATION.—
The Librarian shall have the authority to remove 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-
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 ap-
pointed 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) BASIC PAY.—Members of the Board shall serve
without pay. While away from their home or regular places
of business in the performance of functions of the Board,
members of the Board shall be allowed travel expenses, in-
cluding per diem in lieu of subsistence, in the same manner
as persons employed intermittently in Government service
are allowed expenses under section 5701 of title 5, United
States Code.
(f) MEETINGS.—The Board shall meet at least once
each fiscal year. Meetings shall be at the call of the Librar-
ian.
(g) CONFLICT OF INTEREST.—The Librarian shall es-
tablish rules and procedures to address any potential con-
flict of interest between a member of the Board and respon-
sibilities 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 significant.
(b) NOMINATION OF FILMS.—The Board shall consider,
for inclusion 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 rep-
resenting actors, directors, screenwriters, cinematographers,
and other creative artists, producers, and film critics, ar-
chives and other film preservation organizations, and rep-
resentatives 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 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 Na-
tional Film Preservation Foundation, 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 sur-
viving 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 en-
deavor to obtain, for educational and research purposes, ad-
ditional materials related to each film included in the Na-
tional Film Registry, such as background materials, pro-
duction 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 cop-
ies 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 ac-
cordance with title 17, United States Code, provide for rea-
sonable access to the films and other materials in such col-
lection 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 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 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 sec-
tion 107(a), the United States district courts may
order a civil fine of not more than $10,000 and ap-
propriate 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 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 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 mem-
ber 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 material
has been irretrievably lost.
SEC. 112. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Librar-
ian such sums as may be necessary to carry out the pur-
poses 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 pro-
visions 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 Preserva-
tion 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 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 char-
itable 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 pub-
lic accessibility of the nation’s film heritage held at
the Library of Congress and other public and non-
profit 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; 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 pri-
vate interests, for the benefit of present and future
generations of Americans.
SEC. 203. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) ESTABLISHMENT AND MEMBERSHIP.—The Foun-
dation 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 United States citizen
and at least 6 of whom must be knowledgeable or experi-
enced in film production, distribution, preservation or res-
toration, including 2 who shall be sitting members of the
National Film Preservation Board. These 6 members of the
Board shall, to the extent practicable, represent diverse
points of views from the film community, including motion
picture producers, creative artists, nonprofit and public ar-
chivists, historians, film critics, theater owners, and labora-
tory and university personnel. The Librarian of Congress
(hereafter in this title referred to as the ‘‘Librarian’’) shall
be an ex officio non-voting member of the Board. Appoint-
ment 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 consecutive 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 removed
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 Librar-
ian, 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 expenses
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 Foundation
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 purpose 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 sub-
chapter III of chapter 53 of such title relating to
classification and General Schedule pay rates,
except that no individual so appointed may re-
ceive 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 em-
ployees of the Foundation, including the Sec-
retary of the Board, shall be construed to be em-
ployees of the Library of Congress.
(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 manage-
ment, 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, ter-
ritory, or possession of the United States;
(3) shall have its principal offices in the District
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 business ad-
dress of such agent, shall be deemed as service upon or no-
tice 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 section
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 Columbia,
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, debentures,
or other debt instruments;
(5) to sue and be sued, and complain and defend
itself in any court of competent jurisdiction, except
that the Directors of the Board shall not be personally
liable, except for gross negligence;
(6) to enter into contracts or other arrangements
with public agencies and private organizations and
persons and to make such payments as may be nec-
essary 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 Foundation
even though it is encumbered, restricted, or subject to bene-
ficial interests of private persons, if any current or future
interest therein is for the benefit of the Foundation.
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 exceed
the current per diem rates for the Federal Government, and
may accept reimbursement therefor. Amounts so reimbursed
shall be deposited in the Treasury to the credit of the appro-
priations then current and chargeable for the cost of provid-
ing such services.
SEC. 206. VOLUNTEER STATUS.
The Librarian may accept, without regard to the civil
service classification laws, rules, or regulations, the services
of the Foundation, the Board, and other officers and em-
ployees of the Board, without compensation from the Li-
brary 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 RE-
LIEF.
(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 Con-
gress 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 FOUNDATION
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 obli-
gations 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 obli-
gation 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 pri-
vate contributions (whether in currency, services, or prop-
erty) 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.
(c) NATIONAL FILM PRESERVATION BOARD FUNDS.—
Notwithstanding subsection (b), the Librarian is authorized
to use any funds not expended under title I for any of the
purposes of this title.