[104th Congress Public Law 285]
[From the U.S. Government Printing Office]
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[DOCID: f:publ285.104]
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Public Law 104-285
104th Congress
An Act
To reauthorize the National Film Preservation Board, and for other
purposes. <<NOTE: Oct. 11, 1996 - [H.R. 1734]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I <<NOTE: National Film Preservation Act of 1996.>> --
REAUTHORIZATION OF THE NATIONAL FILM PRESERVATION BOARD
SEC. 101. <<NOTE: 2 USC 179l note.>> SHORT TITLE.
This title may be cited as the ``National Film Preservation Act of
1996''.
SEC. 102. <<NOTE: 2 USC 179l.>> 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. <<NOTE: 2 USC 179m.>> 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
[[Page 110 STAT. 3378]]
(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.-- <<NOTE: Federal
Register, publication.>> 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. <<NOTE: 2 USC 179n.>> NATIONAL FILM PRESERVATION BOARD.
(a) Number and Appointment.--
(1) Members.-- <<NOTE: Establishment.>> 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 three 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
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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 three 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 three
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
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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. <<NOTE: 2 USC 179o.>> 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. <<NOTE: 2 USC 179p.>> 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
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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. <<NOTE: 2 USC 179q.>> 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. <<NOTE: 2 USC 179r.>> REMEDIES.
(a) Jurisdiction.-- <<NOTE: Courts.>> 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. <<NOTE: 2 USC 179s.>> 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. <<NOTE: 2 USC 179t.>> 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
[[Page 110 STAT. 3382]]
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. <<NOTE: 2 USC 179u.>> 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. <<NOTE: 2 USC 179v.>> 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. <<NOTE: 2 USC 179w.>> 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. <<NOTE: 36 USC 5701 note.>> SHORT TITLE.
This title may be cited as the ``National Film Preservation
Foundation Act''.
SEC. 202. <<NOTE: 36 USC 5701.>> 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--
[[Page 110 STAT. 3383]]
(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. <<NOTE: 36 USC 5702.>> 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.--
[[Page 110 STAT. 3384]]
(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. <<NOTE: 36 USC 5703.>> 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--
[[Page 110 STAT. 3385]]
(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. <<NOTE: 36 USC 5704.>> 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. <<NOTE: 36 USC 5705.>> 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. <<NOTE: 36 USC 5706.>> 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--
[[Page 110 STAT. 3386]]
(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. <<NOTE: 36 USC 5707.>> 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. <<NOTE: 36 USC 5708.>> 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.
Approved October 11, 1996.
LEGISLATIVE HISTORY--H.R. 1734:
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HOUSE REPORTS: No. 104-558, Pt. 1 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 142 (1996):
July 29, considered and passed House.
Sept. 28, considered and passed Senate.
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