[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1734 Referred in Senate (RFS)]







104th CONGRESS
  2d Session
                                H.R. 1734


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 1996

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 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 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 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 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 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) 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 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 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 
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 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 
        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 nonvoting 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 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 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 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 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 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 
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 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 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.

            Passed the House of Representatives July 29, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.