H. R. 1734—7
(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 Congress 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 institutions and organiza-
tions, as will further the preservation and public accessibility
of films made in the United States, particularly those not
protected by private interests, for the benefit of present and
future 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 United States citizen and at least 6 of whom
must be knowledgeable or experienced in film production, distribu-
tion, preservation, or restoration, including 2 who shall be sitting
members of the National Film Preservation Board. These 6 mem-
bers 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 archivists, histo-
rians, film critics, theater owners, and laboratory and university
personnel. The Librarian of Congress (hereafter in this title referred
to as the ‘‘Librarian’’) shall be an ex officio nonvoting member
of the Board. Appointment to the Board shall not constitute employ-
ment 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 Direc-
tors 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 Librar-
ian 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 Librar-
ian or the Chair at least once a year. If a Director 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 expenses incurred by them
in the performance of the duties of the Foundation.
(g) GENERAL POWERS.—
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(1) ORGANIZATION
OF
FOUNDATION.—The Board may
complete the organization of the Foundation by—
(A) appointing, removing, and replacing officers, 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
EMPLOYEES.—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 appointed, removed, and
replaced by the Secretary of the Board. All employees
(including the Secretary of the Board) shall be appointed
and removed 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 Sched-
ule pay rates, except that no individual so appointed 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,
including the Secretary of the Board, shall be construed
to be employees 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 Librarian.
(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 management, 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 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 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 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—
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(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 income 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, retain, 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 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 Foundation
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 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 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 services of the Founda-
tion, 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 purposes of the Act
entitled ‘‘An Act to provide for audit of accounts of private corpora-
tions established under Federal law.’’, approved August 30, 1964
(36 U.S.C. 1101–1103).
(b) REPORT.—The Foundation shall, as soon as practicable 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 invest-
ments.
(c) RELIEF WITH RESPECT TO CERTAIN FOUNDATION ACTS OR
FAILURE TO ACT.—If the Foundation—
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(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 petition
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 Founda-
tion.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION.—There are authorized to be appropriated
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 cur-
rency, 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 Foundation for administrative
expenses of the Foundation, including for salaries, travel, and
transportation expenses, and other overhead expenses.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.