[Congressional Record Volume 142, Number 113 (Monday, July 29, 1996)]
[House]
[Pages H8609-H8613]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 NATIONAL FILM PRESERVATION ACT OF 1996

  Mr. MOORHEAD. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1734) to reauthorize the National Film Preservation Board, 
and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 1734

       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.

[[Page H8610]]

       (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

[[Page H8611]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California [Mr. Moorhead] and the gentleman from Virginia [Mr. Scott] 
each will control 20 minutes.
  The Chair recognizes the gentleman from California [Mr. Moorhead].
  Mr. MOORHEAD. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 1734, the National Film 
Preservation Act of 1996, as amended.
  This bill authorizes an existing program first established in 1988, 
that developed a national strategy to deal with the problem of 
preserving film for educational and historical purposes. The purpose of 
H.R. 1734 is to reauthorize a program that is saving firms which, but 
for preservation efforts, will be lost forever. Film is currently 
celebrating its bittersweet 100th anniversary. The seminal study on the 
film preservation problem which we authorized in the 1992 act 
documented that for films produced before 1950, over 50

[[Page H8612]]

percent no longer survive; and, of films made before 1920, fewer than 
10 percent still exist. More recent films face no less danger--from 
color fading, vinegar syndrome, and a host of other colorfully named 
but equally destructive maladies. The 1992 authorization ended last 
month. Without the reauthorization provided by H.R. 1734 and the 
support and intervention of the Federal Government, many of the 
remaining materials will be irretrievably lost.
  In 1988, Congress created the National Film Preservation Board within 
the Library of Congress which recognized the importance and fragile 
nature of our film heritage. In the 1992 reauthorization, the program 
was redefined with a mission to identify the technical and policy 
problems related to preserving film in this country, and to coordinate 
the development of a public and private sector plan to address the 
problems so identified.
  The 1992 legislation created a methodical two-step program, 
coordinated by the Librarian of Congress and the Film Board. The first 
step was the completion in 1993 of a comprehensive study conducted 
under the auspices of the Library of Congress to take a snap shot of 
the film preservation problem in the United States. Public hearings and 
public witnesses from Government and private entities including film 
studios, independent film producers, creative artists, educators and 
other users of film materials described the technical and policy 
problems that must be addressed to save film from disintegration and to 
make them more readily available to the public. Following the study was 
the development in 1994 of a second document known as ``the national 
plan'' to fix the problem via a public/private partnership with very 
realistic and specific implementation steps.
  Both pubic documents were very well received and in fact, other 
countries are modeling their film preservation efforts on our 
methodology. Implementation of the plan is now underway. H.R. 1734 will 
authorize the continued implementation of the national plan by the 
Librarian of Congress, since that authorization expired in June.

  The materials that are the focus of H.R. 1734 are not the Hollywood 
films but films which are vital for educational, rather than commercial 
reasons, and which will not survive without public intervention. 
Examples of such films include documentaries and newsreels, independent 
films, animation and short subjects, silent films, films by and/or 
documenting minority or ethnic groups, films of historical, educational 
or regional importance, and films that are no longer under copyright 
protection. These films are held and maintained by public and nonprofit 
archives, State and local historical societies, university and public 
libraries and similar institutions in all 50 States.
  Our bill, crafted with bipartisan support, will help save our film 
heritage, with a very minimal amount of Federal spending, that is, 
$250,000 per year, which is the current authorized rate, increasing 
moderately after fiscal year 1999. Title I will continue the work of 
the coordinating body within the Library of Congress, the National Film 
Preservation Board, to enable the continued implementation of the 
national plan developed by the 1992 act. H.R. 1734 picks up the work 
already completed by the Library of Congress and the National Film 
Preservation Board and takes it to the next logical step by partnering 
the private sector with the public sector, creating a 501(c) 
organization known as the National Film Preservation Foundation. The 
Foundation (title II) is modeled on similar entities created by 
Congress and will give grants to archives and libraries that are 
preserving films.
  The libraries and archives with film collections must spend $10,000 
to $100,000 or more per film to preserve, restore, catalog and/or store 
the materials properly. The Foundation needs to raise a considerable 
sum of private money from within and outside the film community. 
Examples of the diversity of institutions with such films holdings that 
will be eligible for Foundation grants include: the George Eastman 
House, the Library of Congress, the Museum of Modern Art, UCLA Film and 
Television Archive, the National Center for Jewish Film, Anthology Film 
Archives, Pacific Film Archives, Northeast Historic Film, the Oregon 
Historical Society, the Japanese American National Museum, the Black 
Film Center at Indiana University, and many similar institutions large 
and small, including for example, those supporting and promoting film 
preservation, such as the American Film Institute. All of these 
entities are in full support of H.R. 1734.
  H.R. 1734 fulfills the Government's role in film preservation of 
facilitator or coordinator of the work already being done in hundreds 
of archives, libraries, laboratories, and film studios nationwide and 
to add some public funds where needed. Via the Foundation the 
Government will provide the seed money to raise private funds to save 
the so-called orphan films. It will enable information about technology 
to be more readily shared, and to coordinate lab efforts and solve 
storage problems. The Government will not spend its money on Hollywood 
feature films but will encourage the studios to continue to share 
information and coordinate efforts with the archives and independent 
filmmakers and others.
  I wish to thank the ranking member of the Subcommittee on Courts and 
Intellectual Property, Mrs. Schroeder, for her work on H.R. 1734. I 
also wish to thank my colleagues who cosponsored this legislation, Mr. 
Coble, Mr. Bono, and Mr. Conyers, and my colleague on the Committee on 
House Oversight, Mr. Thomas, for working with Judiciary to craft a 
responsible bill in these lean financial times that will allow this 
important work to continue. I would also like to commend the Librarian 
and his staff, especially Steve Leggett, and the Film Board for the 
work they have done to date.
   Mr. Speaker, I urge the passage of H.R. 1734.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SCOTT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 1734. This bill takes two 
critical steps toward preserving America's very rich but threatened 
heritage of culturally, historically, and aesthetically significant 
films.
  The first is the reauthorization of the National Film Preservation 
Board. Congress established this board in 1988 tasking it with the 
annual selection of 25, ``culturally, historically or aesthetically 
significant,'' films to the National Film Registry and the development 
of labeling guidelines for films that have been ``materially altered.''
  In 1992, when Congress reauthorized the board, our focus was on film 
preservation. The labeling guideline provision was dropped in the 1992 
reauthorization because it had proved to be too contentious and 
problematic with little likelihood of consensus among the interested 
stakeholders.
  Two significant accomplishments result from this 1992 reauthorization 
act. First, the 1-year study completed in 1993 persuasively 
demonstrated that the American film heritage was at risk. It found that 
fewer than 20 percent of the feature films from the 1920's survive in 
complete form. For features from the 1910's, the survival rate falls to 
about 10 percent. Only about half of the films made before 1950 
survive. The study found that many lost American films can only be 
found in foreign archives. This study accomplished the important step 
of assessing the nature and scope of the threat to our film heritage.
  The second major achievement was the development of a national 
consensus plan for film preservation, representing 6 months of 
negotiations and consensus building among archivists, educators, film 
makers, and film industry executives.
  Today, by reauthorizing the Film Preservation Board for 7 years, we 
can ensure that these efforts to preserve our historical and cultural 
film heritage will continue. By creating a new federally chartered 
nonprofit foundation, the National Film Preservation Foundation, this 
bill creates an important new mechanism to further these efforts.
  These two provisions will increase film availability for educational 
and public exhibition. They will spur the development of public-private 
partnerships to restore key films, share preservation information and 
repatriate lost American films that are now found only in foreign 
archives. The foundation will be able to raise money for the 
preservation of newsreels, documentaries, independent and avant garde

[[Page H8613]]

films, socially significant amateur footage, regional historical films 
and other features of cultural and historical importance that otherwise 
could not survive.
  All of this is done with an extremely modest authorization level. The 
film board is kept at $250,000, and the foundation authorized for no 
funds until the fiscal year 2000 when an annual ceiling of $250,000 
takes effect. While Hollywood films have the commercial value which 
will ensure their preservation, the same cannot be said for much of our 
film heritage, which nonetheless has enormous cultural and historical 
significance.
  It is for these latter works, the public domain or educational films, 
historical footage, documentaries, and other films that this bill is so 
vitally important.
  Let me mention one example of a film now available to the American 
public because of the efforts of the Film Preservation Board. A film 
entitled ``Within Our Gates,'' the oldest film directed by an African-
American, was selected and preserved by the film board. It was a film 
that very few people had seen because so few copies were available.
  A copy of this important but essential lost work, a 1920 film 
directed by Oscar Micheau, was found in the Spanish film archives as a 
result of the preservation board efforts. The Library of Congress has 
been able to release this film on video and make it widely available to 
the public. But for the existence of the film board, this important bit 
of African-American cultural heritage would be languishing, unseen in 
the Spanish film archives.
  H.R. 1734 uses creative and collaborative approaches to ensure that 
America's rich film heritage is preserved for future generations. I 
urge my colleagues to support it.
  Mr. Speaker, I yield back the balance of my time.
  Mr. MOORHEAD. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California [Mr. Moorhead] that the House suspend the 
rules and pass the bill, H.R. 1734, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill as amended, was passed.
  A motion to reconsider was laid on the table.

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