[Congressional Record Volume 142, Number 137 (Saturday, September 28, 1996)]
[Senate]
[Pages S11771-S11773]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 NATIONAL FILM PRESERVATION ACT OF 1996

  Mr. NICKLES. Mr. President, I ask unanimous consent that the 
Judiciary Committee be discharged from further consideration of H.R. 
1734 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 1734) to reauthorize the National Film 
     Preservation Board, and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.
  Mr. LEAHY. Mr. President, I am pleased that the Senate is today 
passing and sending to the President for his signature, the National 
Film Preservation Act of 1996 to reauthorize and extend the National 
Film Preservation

[[Page S11772]]

Act. I thank Mr. Moorhead, Mr. Conyers and the other House sponsors for 
successfully bringing this matter through the House of Representatives. 
I also commend two retiring Senators who have always been champions of 
the arts, libraries and the public--Senator Alan Simpson and Senator 
Paul Simon. Without their support this Senate action, which I have been 
seeking since January, would not be taking place today.
  I have been a sponsor and supporter of the National Film Preservation 
Board since 1988 when we first took action to authorize the Board 
within the Library of Congress. We acted then to recognize the 
educational, cultural, and historical importance and the fragile nature 
of our film heritage. Motion pictures are an important part of the 
American experience and an extraordinary record of our history, our 
mores, and our aspirations. While there is currently a political 
penchant for chastising American filmmakers for the sex, violence and 
drugs seen on screen, we should not lose sight of the contributions of 
filmmaking to our cultural life and our life as a nation.
  Before Congress acted in 1988, we had lost more than half of the 
feature films produced in the United States before 1951 and 80 percent 
of our silent films to deterioration. With the efforts of the National 
Film Preservation Board and those of such private groups as the Film 
Foundation, Turner Entertainment Co. and others we have made 
significant progress.
  Since 1988 we have maintained a National Film Registry wherein 
classic movies like ``Casablanca'', ``Citizen Kane'', and ``High Noon'' 
have been maintained and orphan films, which no studio had an interest 
in preserving, were rescued from oblivion. The scientists have found 
better ways to preserve the images that were decaying on celluloid and 
studios have discovered that film libraries retain economic value and 
viewer interest.
  In 1991, I joined with Senator Stevens, Senator Pell, and Senator 
DeConcini to reauthorize and extend the National Film Preservation Act 
and we succeeded in doing so in June 1992. We acted at a time when 
there were growing film preservation efforts around the country but 
little coordination. The Librarian and the National Film Preservation 
Board were charged with the responsibility for conducting an extensive 
study of film preservation in American. It is that authorization that 
expired this summer and which we now renew.
  The Library of Congress houses the largest film collection in the 
world. I am glad that those film treasures are being preserved there 
and at the UCLA film archive, at the Museum of Modern Art and at the 
George Eastman House. I am delighted that those films are now being 
exhibited to the public with the cooperation of their copyright 
holders. I am happy that they are available to scholars and 
researchers.
  I am encouraged that we have an agreed-upon system for ensuring the 
integrity of the National Film Registry Collection of the Library of 
Congress and a certification process to ensure that National Registry 
films distributed or exhibited to the public that bear the National 
Registry seal are the genuine article. That seal verifies that they are 
the registry version. While this is not a full-blown guarantee of moral 
rights of those involved in the creation of the work, this system is 
consistent with a recognition of the first-published version as the 
original or true version of the work.
  The comprehensive study conducted by the Librarian and the Board 
included extensive public hearings and public participation. I am glad 
to see the Library and the Board taking seriously their mandate to 
raise public awareness and to increase public involvement. The study 
further documents the problems that even recent films face, including 
color-fading, vinegar syndrome and the like. While new technology may 
hold some prospect for greater stability of the film elements, we still 
need extensive efforts if we are to preserve our art and respect our 
history.
  This legislation signals the next phase in our coordinated national 
and local efforts. The bill will reauthorize a program for the 
preservation of educational and historical films held by libraries, 
archives, universities, historical societies, and filmmakers in every 
State. The materials that are at the center of concern are not 
Hollywood feature films but the orphan films of little commercial value 
that will not survive without public intervention. These include 
independent films, newsreels and documentaries, films of historical, 
educational, and regional importance, films by and about ethnic and 
minority groups, silent films, short subject films, early animation and 
films no longer protected by copyright and now part of the public 
domain.
  This action should help preserve important resource materials for 
scholars and teachers like Denise Youngblood in the History Department, 
Frank Manchel and Ted Lyman in Arts and Sciences and Kenneth Rothwell 
in English at the University of Vermont; Ted Perry at Middlebury 
College; and Kenneth Peck at Burlington College. It is important to the 
special collection at the Bailey/Howe Library at the University of 
Vermont and the Vermont Historical Society.
  Film preservation, film history and filmmaking matter. They matter to 
the Vermont Independent Media Artists, the Vermont International Film 
Foundation, the Savoy Theatre, the Flaherty family in Putney, Barbara 
VanDyke, the increasing number of creative film artists in Vermont, 
Vermont's growing film industry, our new film commission and to us all 
as audience and Americans.
  Two film archives in our region should be among the beneficiaries of 
the preservation program authorized by this legislation. They have 
worked closely with the Board and encouraged my continued involvement 
in this effort. The Northeast Historic Film archive is dedicated to 
preserving motion pictures of northern New England. I know that many 
saw and enjoyed their exhibition, ``Going to the Movies: A Century of 
Motion Picture Audiences in Northern New England'' last May in 
Burlington and that more than 1,000 participating in a screening of 
Charlie Chaplin's ``The Circus.'' In addition, I have heard from the 
National Center for Jewish Film, which works to preserve America's film 
heritage and a glimpse of the cultural heritage of the Jewish people.
  I have also heard from the Association of Moving Image Archivists and 
ask that letters from these organizations be printed in the Record 
following my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. LEAHY. This bill will reauthorize the National Film Preservation 
Board to continue to bring parties together to implement the realistic 
program outlined in the 1993 national plan. To help fund these 
activities over the long-term, the bill creates a nonprofit 
organization to be known as the National Film Preservation Foundation 
to combine public and private resources and leverage the Federal seed 
money with private fundraising. The bill we consider and pass today 
retains only 5 percent of the authorized funds that were initially 
requested. I urge the private section and those interested in 
preserving our heritage to rise to the challenge, contribute to the 
National Film Preservation Foundation and make it a success.
  I thank all those who have served on the National Film Preservation 
Board for their contributions to this important effort. I want to 
commend Eric Schwartz of the Proskauer Rose law firm for his dedicated 
commitment as pro bono counsel to the National Film Preservation Board. 
Finally, I know that our Librarian of Congress strongly supports this 
legislation and want to thank Jim Billington and the Library staff for 
their help and for making our National Registry films available to the 
public.

                               Exhibit 1


                                      Northeast Historic Film,

                                   Bucksport, ME, August 30, 1996.
     Hon. Patrick J. Leahy,
     Russell Building, U.S. Senate, Washington, DC.
       Dear Senator Leahy: On behalf of the board, staff and 
     members of Northeast Historic Film, we ask for your strong 
     support of THE NATIONAL FILM PRESERVATION ACT of 1996 (H.R. 
     1734). This bill has already passed the House of 
     Representatives without controversy or opposition. Now we 
     hope you will help the Senate to pass H.R. 1734 quickly so 
     that libraries, educators and archives can benefit from the 
     legislation as soon as possible.
       The passage of this act will mean a great deal to our 
     survival as a cultural organization. Northeast Historic Film 
     is a nonprofit

[[Page S11773]]

     organization preserving film and videotape from Vermont, 
     Maine and New Hampshire.
       We spent most of May in Burlington with our history 
     exhibition, ``Going to the Movies: A Century of Motion 
     Picture Audiences in Northern New England.'' The culmination 
     of this educational and cultural series--in which scholars 
     and filmmakers from the University of Vermont, Middlebury 
     College, and other institutions, spoke to the public--was a 
     screening of Charlie Chaplin's classic film The Circus with 
     live orchestra at The Flynn to 1,100 people of all ages.
       After the screening we received letters from people around 
     Vermont, such as a letter from Hinesburg saying, ``It would 
     be an awful shame to lose this and other such cultural 
     treasures to neglect.'' Film preservation needs your support.
       The National Film Preservation Board, which is up for 
     reauthorization, has been a significant force in making 
     people aware of our film heritage nationally. The 
     establishment of a new National Film Preservation Foundation, 
     as recommended by the Librarian of Congress and the Film 
     Board, is essential to the continued preservation and 
     presentation of our film heritage.
       While the amount of federal matching funds authorized by 
     H.R. 1734 has been reduced by 95% from the original request, 
     we are all too aware of the frugality of the present period. 
     We still enthusiastically support the bill, seeing it is an 
     important start for a preservation effort that will grow in 
     size and energy as we turn the century.
       We are members of the Association of Moving Image 
     Archivists, the professional group representing our field. I 
     enclose testimony to the House by Edward Richmond, AMIA's 
     president at the time of the hearings, in support of this 
     legislation.
       The National Film Preservation Act will give the field a 
     way to seek matching funds--an important source of leverage--
     with a very investment by the federal government.
       Archives like this one preserve images and sound that 
     record the changes to our social history, the changes in our 
     landscape, the way we relate to each other. The work we do is 
     very important to the education of young people. We saw 
     first-hand how compelling this experience is to Vermont 
     people.
       Please help the many organizations working to save our 
     history by supporting the Senate passage of H.R. 1734.
           Sincerely,
     Karan Sheldon,
     David Weiss.
                                                                    ____

                                           The National Center for


                                                  Jewish Film,

                                     Waltham, MA, August 30, 1996.
     Re National Film Preservation Act (H.R. 1734).

     Hon. Edward M. Kennedy,
     U.S. Senate, Senate Russell Office Building, Washington, DC.
       Dear Senator Kennedy: On behalf of the National Center for 
     Jewish Film, located at Brandais University, we are writing 
     to ask you to support the NATIONAL FILM PRESERVATION ACT 
     (H.R. 1734).
       The passage of this act will accomplish two goals which are 
     critically important to the nationwide effort to preserve 
     America's film heritage and make it available to educators, 
     students, scholars and the public. First, it will reauthorize 
     the National Film Preservation Board, which has provided 
     valuable leadership in helping the film archive community 
     develop a coordinated national preservation plan, and which 
     has done much to raise the public's awareness of the need for 
     film preservation.
       Second, it will establish the National Film Preservation 
     Foundation, which will allow the nation's film archives to 
     raise private sector funding on a national level, with the 
     need for only a minimum investment by the federal government 
     in matching funds. In Massachusetts and throughout America, 
     archives everyday are facing mountains of deteriorating film 
     which they cannot afford to preserve. These films, often 
     called ``orphans'' because they are no longer owned by 
     commercial entities--including documentaries, newsreels, 
     actuality footage, independent and avant-garde films, films 
     of local and regional interest, socially significant amateur 
     footage, and films which have fallen into public domain.
       The National Center for Jewish Film was the recipient of 
     uninterrupted grants from the National Endowment for the 
     Arts/American Film Institute Film Preservation for 19 years 
     until that invaluable program was eradicated last year. The 
     preservation funds provided by that program were crucial in 
     assisting our Center save a number of classic Yiddish feature 
     films including: THE DYBBUK, TEVYE, GREEN FIELDS and UNCLE 
     MOSES. Our Center holds thousands of cans of film in dire 
     need of preservation. Each can preserved saves a small 
     glimpse of the rich cultural heritage of the Jewish people.
       Important collections of films exist in each of the fifty 
     states--in local archives, museums, historical societies, 
     libraries, universities and other non-profit institutions. 
     Taken together they constitute an amazingly rich and very 
     endangered cultural legacy.
       The National Film Preservation Foundation represents our 
     best hope for saving this legacy on behalf of the American 
     people. Please help us in this effort by supporting H.R. 
     1734.
           Sincerely,
                                               Sharon Pucker Rivo,
     Executive Director.
                                                                    ____

                                             Association of Moving


                                             Image Archivists,

                               Los Angeles, CA, September 4, 1996.
     Re National Film Preservation Act (H.R. 1734).

     Hon. Patrick J. Leahy,
     U.S. Senate, Washington, DC.
       Dear Senator Leahy: On behalf of the Association of Moving 
     Image Archivists (AMIA), I am writing to ask you to support 
     the NATIONAL FILM PRESERVATION ACT (H.R. 1734).
       AMIA is a professional organization established in 1991 to 
     provide a means for cooperation among individuals concerned 
     with the preservation and use of moving image materials. It 
     currently represents over 300 professional archivists working 
     at more than 100 institutions in both the public and private 
     sectors, most of the working professionals in the film 
     archive field.
       AMIA strongly endorses H.R. 1734. This Act has but one 
     purpose--to preserve American films, especially educational 
     and historical materials, which are deteriorating at an 
     alarming rate. The need to act immediately was documented by 
     Film Preservation 1993, a study completed by the Library of 
     Congress and the National Film Preservation Board. H.R. 1734 
     will reauthorize the Board and establish a separate 
     Foundation to coordinate fundraising efforts to save films. 
     The Act is almost entirely dependent on private funds.
       We believe passage of H.R. 1734 is critically important to 
     preserving our nation's history, and insuring that educators, 
     students, scholars, and the public will have access to the 
     most vivid records of our past for teaching, research and 
     enjoyment. The focus of the Act is not Hollywood feature 
     films, but so-called ``orphan films'' which are not owned by 
     commercial entities. These films include newsreels, 
     documentaries, actuality footage, educational films, socially 
     significant amateur footage, films documenting local and 
     regional history, and films which have fallen into the public 
     domain with no copyright owner to insure their survival.
       H.R. 1734 will help preserve such films by accomplishing 
     two related and vital goals. First, it will reauthorize the 
     National Film Preservation Board, originally established in 
     1988. The Board consists of representatives from all 
     important constituencies within the film and academic 
     communities, and operates under the direction of the 
     Librarian of Congress. During the past eight years, the Board 
     has proven invaluable in raising the public's awareness of 
     the need for film preservation and in working with archives 
     throughout the country to develop a coordinated national 
     plan. Reauthorizing the Board will enable it to carry on the 
     work of implementing this plan and providing leadership for 
     the nationwide effort to preserve America's film heritage.
       Secondly, H.R. 1734 will establish the National Film 
     Preservation Foundation, as strongly recommended by the Film 
     Board and the Librarian of Congress. The Foundation will work 
     with the nation's film archives to raise private sector 
     funding on a national level, with no investment of federal 
     funds until the year 2000, and after then limited to a 
     maximum allocation of $250,000 in annual matching funds. All 
     funds raised by the Foundation will be used by non-profit 
     archives to preserve and make available historical, 
     educational and cultural films of local, regional and 
     national interest which will otherwise be lost forever.
       Important collections of such films exist in each of the 
     fifty states. They are housed in local archives, museums, 
     historical societies, libraries, universities, and non-profit 
     associations. Everyday these institutions face vaults full of 
     deteriorating films which they cannot afford to preserve. 
     These are not Hollywood films, belonging to the film studios 
     and production companies, but orphan films comprising an 
     amazingly rich and valuable national resource.
       H.R. 1734 is a non-controversial proposal. It has already 
     passed the House of Representatives by voice vote with 
     complete bi-partisan support and no opposition. It focuses 
     exclusively on films held in the public trust, that are not 
     owned or protected by commercial entities. In recognition of 
     these frugal times, the amount of federal matching funds it 
     authorizes has been reduced by a full 95%. It simply and for 
     the first time gives the nation's archives the tool they need 
     to save the nation's film heritage--a federally chartered 
     National Film Preservation Foundation.
       We hope the Senate will act quickly to pass H.R. 1734, so 
     its benefits can be felt as soon as possible. Your help is 
     very much appreciated. Please give the nation's archives a 
     chance to do their job for the benefit of the American 
     people.
           Sincerely,
                                            Maxine Fleckner Ducey,
                                                        President.

  Mr. NICKLES. Mr. President, I ask unanimous consent that the bill be 
deemed read a third time and passed, the motion to reconsider be laid 
upon the table, and any statements relating to the bill appear at the 
appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 1734) was deemed read the third time and passed.
  
                            ____________________