[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1734 Introduced in House (IH)]
104th CONGRESS
1st Session
H. R. 1734
To reauthorize the National Film Preservation Board, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 25, 1995
Mr. Moorhead (for himself, Mr. Coble, and Mr. Bono) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on House Oversight, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
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
1995''.
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 established
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 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
conducted 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 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 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 criteria
established 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 copyrighted 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
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 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 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 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 Theatre, Film and Television
of the College of Fine Arts 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 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 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 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 5
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 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 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) 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, including 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 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 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 representing actors, directors, screenwriters,
cinematographers, 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 purpose of carrying
out its duties, hold such hearings, sit and act at such times
and places, take such testimony, 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 Librarian, and shall serve, as
Board members of the National 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 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 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 scholarly and research purposes.
SEC. 107. SEAL OF THE NATIONAL FILM REGISTRY.
(a) Use of the Seal.--
(1) Prohibition on distribution and exhibition.--No person
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 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 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, 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 appropriate 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 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 10 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
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
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 non-profit 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; and
(3) to undertake and conduct other activities, alone or in
cooperation with other film related institutions and
organizations, 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, distribution, preservation or
restoration, 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 archivists, historians, 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 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 5 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 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.--
(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 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 employees.--The following
limitations apply with respect to the appointment of employees
of the Foundation:
(A) Employees may not be appointed until the
Foundation has sufficient funds to pay them for their
services. 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 Schedule 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--
(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 may accept reimbursement 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
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 purposes 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 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 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
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 Foundation.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated to the
Library of Congress not to exceed $2,000,000 for each of the fiscal
years 1996 through 2005, 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 Foundation for administrative expenses
of the Foundation, including for salaries, travel, and transportation
expenses, and other overhead expenses.
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HR 1734 IH----2
HR 1734 IH----3