FULL TEXT OF BILLS
104TH CONGRESS; 1ST SESSION
IN THE HOUSE OF REPRESENTATIVES
AS INTRODUCED IN THE HOUSE
H. R. 1734
1995 H.R. 1734; 104 H.R. 1734
Retrieve Bill Tracking Report
SYNOPSIS: A BILL To reauthorize the National Film Preservation Board, and for other purposes.
DATE OF INTRODUCTION: MAY 25, 1995
DATE OF VERSION: MAY 31, 1995 -- VERSION: 1
SPONSOR(S):Mr. MOORHEAD (for himself, Mr. COBLE, and Mr. BONO) introduced the
following bill; which was referred to the Committee on the Judiciary, and
in addition to the Committee on House Oversight, for a period to be
subsequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee
concerned
TEXT:* Be it enacted by the Senate and House of Representatives of the United*
*States of America in Congress assembled,*
TITLE I-REAUTHORIZATION OF THE NATIONAL FILM PRESERVATION BOARD
SEC. 101. SHORT TITLE.
This title may be cited as the "National Film Preservation Act of
1995".
SEC. 102. NATIONAL FILM REGISTRY OF THE LIBRARY OF CONGRESS.
The Librarian of Congress (hereafter in this Act referred to as the
"Librarian") shall continue the National Film Registry established and
maintained under the National Film Preservation Act of 1988 (Public Law
100-446), and the National Film Preservation Act of 1992 (Public Law
102-307) pursuant to the provisions of this title, for the purpose of
maintaining and preserving films that are culturally, historically, or
aesthetically significant.
SEC. 103. DUTIES OF THE LIBRARIAN OF CONGRESS.
(a) POWERS.-
(1) IN GENERAL.-THE LIBRARIAN SHALL, AFTER CONSULTATION WITH THE
BOARD ESTABLISHED PURSUANT TO SECTION 104-
(A) CONTINUE THE IMPLEMENTATION OF THE COMPREHENSIVE NATIONAL
FILM PRESERVATION PROGRAM FOR MOTION PICTURES ESTABLISHED UNDER
THE NATIONAL FILM PRESERVATION ACT OF 1992, IN CONJUNCTION WITH
OTHER FILM ARCHIVISTS, EDUCATORS AND HISTORIANS, COPYRIGHT
OWNERS, FILM INDUSTRY REPRESENTATIVES, AND OTHERS INVOLVED IN
ACTIVITIES RELATED TO FILM PRESERVATION, TAKING INTO ACCOUNT THE
OBJECTIVES OF THE NATIONAL FILM PRESERVATION STUDY AND THE
COMPREHENSIVE NATIONAL PLAN CONDUCTED UNDER THE NATIONAL FILM
PRESERVATION ACT OF 1992. THIS PROGRAM SHALL-
(I) COORDINATE ACTIVITIES TO ASSURE THAT EFFORTS OF
ARCHIVISTS AND COPYRIGHT OWNERS, AND OTHERS IN THE PUBLIC AND
PRIVATE SECTOR, ARE EFFECTIVE AND COMPLEMENTARY;
(II) GENERATE PUBLIC AWARENESS OF AND SUPPORT FOR THESE
ACTIVITIES;
(III) INCREASE ACCESSIBILITY OF FILMS FOR EDUCATIONAL
PURPOSES; AND
(IV) UNDERTAKE STUDIES AND INVESTIGATIONS OF FILM
PRESERVATION ACTIVITIES AS NEEDED, INCLUDING THE EFFICACY OF
NEW TECHNOLOGIES, AND RECOMMEND SOLUTIONS TO IMPROVE THESE
PRACTICES;
(B) ESTABLISH CRITERIA AND PROCEDURES UNDER WHICH FILMS MAY BE
INCLUDED IN THE NATIONAL FILM REGISTRY, EXCEPT THAT NO FILM SHALL
BE ELIGIBLE FOR INCLUSION IN THE NATIONAL FILM REGISTRY UNTIL 10
YEARS AFTER SUCH FILM'S FIRST PUBLICATION;
(C) ESTABLISH PROCEDURES UNDER WHICH THE GENERAL PUBLIC MAY
MAKE RECOMMENDATIONS TO THE BOARD REGARDING THE INCLUSION OF
FILMS IN THE NATIONAL FILM REGISTRY; AND
(D) determine which films satisfy the criteria established
under subparagraph (B) and qualify for inclusion in the National
Film Registry, except that the Librarian shall not select more
than 25 films each year for inclusion in the Registry.
(2) PUBLICATION OF FILMS IN REGISTRY.-THE LIBRARIAN SHALL PUBLISH
IN THE FEDERAL REGISTER THE NAME OF EACH FILM THAT IS SELECTED FOR
INCLUSION IN THE NATIONAL FILM REGISTRY.
(3) SEAL.-THE LIBRARIAN SHALL PROVIDE A SEAL TO INDICATE THAT A
FILM HAS BEEN INCLUDED IN THE NATIONAL FILM REGISTRY AND IS THE
REGISTRY VERSION OF THAT FILM. THE LIBRARIAN SHALL ESTABLISH
GUIDELINES FOR APPROVAL OF THE USE OF THE SEAL IN ACCORDANCE WITH
SUBSECTION (B).
(B) USE OF SEAL.-THE SEAL PROVIDED UNDER SUBSECTION (A)(3) MAY ONLY BE
USED ON FILM COPIES OF THE REGISTRY VERSION OF A FILM. SUCH SEAL MAY BE
USED ONLY AFTER THE LIBRARIAN HAS GIVEN APPROVAL TO THOSE PERSONS SEEKING
TO APPLY THE SEAL IN ACCORDANCE WITH THE GUIDELINES UNDER SUBSECTION
(A)(3). IN THE CASE OF COPYRIGHTED WORKS, ONLY THE COPYRIGHT OWNER OR AN
AUTHORIZED LICENSEE OF THE COPYRIGHT OWNER MAY PLACE OR AUTHORIZE THE
PLACEMENT OF THE SEAL ON ANY FILM COPY OF A REGISTRY VERSION OF A FILM
SELECTED FOR INCLUSION IN THE NATIONAL FILM REGISTRY, AND THE LIBRARIAN
MAY PLACE THE SEAL ON ANY FILM COPY OF THE REGISTRY VERSION OF ANY FILM
THAT IS MAINTAINED IN THE NATIONAL FILM REGISTRY COLLECTION IN THE
LIBRARY OF CONGRESS. ANYONE AUTHORIZED TO PLACE THE SEAL ON ANY FILM COPY
OF ANY REGISTRY VERSION OF A FILM MAY ACCOMPANY SUCH SEAL WITH THE
FOLLOWING LANGUAGE: "THIS FILM WAS SELECTED FOR INCLUSION IN THE NATIONAL
FILM REGISTRY BY THE NATIONAL FILM PRESERVATION BOARD OF THE LIBRARY OF
CONGRESS BECAUSE OF ITS CULTURAL, HISTORICAL, OR AESTHETIC
SIGNIFICANCE.".
SEC. 104. NATIONAL FILM PRESERVATION BOARD.
(a) NUMBER AND APPOINTMENT.-
(1) MEMBERS.-THE LIBRARIAN SHALL ESTABLISH IN THE LIBRARY OF
CONGRESS A NATIONAL FILM PRESERVATION BOARD TO BE COMPRISED OF 20
MEMBERS, WHO SHALL BE SELECTED BY THE LIBRARIAN IN ACCORDANCE WITH
THIS SECTION. SUBJECT TO SUBPARAGRAPHS (C) AND (N), THE LIBRARIAN
SHALL REQUEST EACH ORGANIZATION LISTED IN SUBPARAGRAPHS (A) THROUGH
(Q) TO SUBMIT A LIST OF 3 CANDIDATES QUALIFIED TO SERVE AS A MEMBER
OF THE BOARD. EXCEPT FOR THE MEMBERS-AT-LARGE APPOINTED UNDER
SUBPARAGRAPH (2), THE LIBRARIAN SHALL APPOINT ONE MEMBER FROM EACH
SUCH LIST SUBMITTED BY SUCH ORGANIZATIONS, AND SHALL DESIGNATE FROM
THAT LIST AN ALTERNATE WHO MAY ATTEND AT BOARD EXPENSE THOSE MEETINGS
TO WHICH THE INDIVIDUAL APPOINTED TO THE BOARD CANNOT ATTEND. THE
ORGANIZATIONS ARE THE FOLLOWING:
(A) THE ACADEMY OF MOTION PICTURE ARTS AND SCIENCES.
(B) THE DIRECTORS GUILD OF AMERICA.
(C) THE WRITERS GUILD OF AMERICA. THE WRITERS GUILD OF AMERICA
EAST AND THE WRITERS GUILD OF AMERICA WEST SHALL EACH NOMINATE
THREE CANDIDATES, AND A REPRESENTATIVE FROM ONE ORGANIZATION
SHALL BE SELECTED AS THE MEMBER AND A REPRESENTATIVE FROM THE
OTHER ORGANIZATION AS THE ALTERNATE.
(D) THE NATIONAL SOCIETY OF FILM CRITICS.
(E) THE SOCIETY FOR CINEMA STUDIES.
(F) THE AMERICAN FILM INSTITUTE.
(G) THE DEPARTMENT OF THEATRE, FILM AND TELEVISION OF THE
COLLEGE OF FINE ARTS AT THE UNIVERSITY OF CALIFORNIA, LOS
ANGELES.
(H) THE DEPARTMENT OF FILM AND TELEVISION OF THE TISCH SCHOOL
OF THE ARTS AT NEW YORK UNIVERSITY.
(I) THE UNIVERSITY FILM AND VIDEO ASSOCIATION.
(J) THE MOTION PICTURE ASSOCIATION OF AMERICA.
(K) THE ALLIANCE OF MOTION PICTURE AND TELEVISION PRODUCERS.
(L) THE SCREEN ACTORS GUILD OF AMERICA.
(M) THE NATIONAL ASSOCIATION OF THEATER OWNERS.
(N) THE AMERICAN SOCIETY OF CINEMATOGRAPHERS AND THE
INTERNATIONAL PHOTOGRAPHERS GUILD, WHICH SHALL JOINTLY SUBMIT ONE
LIST OF 3 CANDIDATES FROM WHICH A MEMBER AND ALTERNATE WILL BE
SELECTED.
(O) THE UNITED STATES MEMBERS OF THE INTERNATIONAL FEDERATION
OF FILM ARCHIVES.
(P) THE ASSOCIATION OF MOVING IMAGE ARCHIVISTS.
(Q) THE SOCIETY OF COMPOSERS AND LYRICISTS.
(2) MEMBERS-AT-LARGE.-IN ADDITION TO THE MEMBERS APPOINTED UNDER
PARAGRAPH (1), THE LIBRARIAN SHALL APPOINT UP TO 3 MEMBERS-AT-LARGE.
THE LIBRARIAN SHALL ALSO SELECT AN ALTERNATE FOR EACH MEMBER
AT-LARGE, WHO MAY ATTEND AT BOARD EXPENSE THOSE MEETINGS WHICH THE
MEMBER AT-LARGE CANNOT ATTEND.
(b) CHAIR.-THE LIBRARIAN SHALL APPOINT ONE MEMBER OF THE BOARD TO SERVE
AS CHAIR.
(C) TERM OF OFFICE.-
(1) TERMS.-THE TERM OF EACH MEMBER OF THE BOARD SHALL BE 5 YEARS,
EXCEPT THAT THERE SHALL BE NO LIMIT TO THE NUMBER OF TERMS THAT ANY
INDIVIDUAL MEMBER MAY SERVE.
(2) REMOVAL OF MEMBER OR ORGANIZATION.-THE LIBRARIAN SHALL HAVE THE
AUTHORITY TO REMOVE ANY MEMBER OF THE BOARD, OR THE ORGANIZATION
LISTED IN SUBSECTION (A) SUCH MEMBER REPRESENTS, IF THE MEMBER, OR
ORGANIZATION, OVER ANY CONSECUTIVE 2-YEAR PERIOD, FAILS TO ATTEND AT
LEAST ONE REGULARLY SCHEDULED BOARD MEETING.
(3) VACANCIES.-A VACANCY IN THE BOARD SHALL BE FILLED IN THE MANNER
IN WHICH THE ORIGINAL APPOINTMENT WAS MADE UNDER SUBSECTION (A),
EXCEPT THAT THE LIBRARIAN MAY FILL THE VACANCY FROM A LIST OF
CANDIDATES PREVIOUSLY SUBMITTED BY THE ORGANIZATION OR ORGANIZATIONS
INVOLVED. ANY MEMBER APPOINTED TO FILL A VACANCY BEFORE THE
EXPIRATION OF THE TERM FOR WHICH HIS OR HER PREDECESSOR WAS APPOINTED
SHALL BE APPOINTED FOR THE REMAINDER OF SUCH TERM.
(D) QUORUM.-11 MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM BUT A
LESSER NUMBER MAY HOLD HEARINGS.
(E) BASIC PAY.-MEMBERS OF THE BOARD SHALL SERVE WITHOUT PAY. WHILE AWAY
FROM THEIR HOME OR REGULAR PLACES OF BUSINESS IN THE PERFORMANCE OF
FUNCTIONS OF THE BOARD, MEMBERS OF THE BOARD SHALL BE ALLOWED TRAVEL
EXPENSES, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE, IN THE SAME MANNER
AS PERSONS EMPLOYED INTERMITTENTLY IN GOVERNMENT SERVICE ARE ALLOWED
EXPENSES UNDER SECTION 5701 OF TITLE 5, UNITED STATES CODE.
(F) MEETINGS.-THE BOARD SHALL MEET AT LEAST ONCE EACH FISCAL YEAR.
MEETINGS SHALL BE AT THE CALL OF THE LIBRARIAN.
(G) CONFLICT OF INTEREST.-THE LIBRARIAN SHALL ESTABLISH RULES AND
PROCEDURES TO ADDRESS ANY POTENTIAL CONFLICT OF INTEREST BETWEEN A MEMBER
OF THE BOARD AND RESPONSIBILITIES OF THE BOARD.
SEC. 105. RESPONSIBILITIES AND POWERS OF BOARD.
(a) IN GENERAL.-THE BOARD SHALL REVIEW NOMINATIONS OF FILMS SUBMITTED
TO IT FOR INCLUSION IN THE NATIONAL FILM REGISTRY AND CONSULT WITH THE
LIBRARIAN, AS PROVIDED IN SECTION 103, WITH RESPECT TO THE INCLUSION OF
SUCH FILMS IN THE REGISTRY AND THE PRESERVATION OF THESE AND OTHER FILMS
THAT ARE CULTURALLY, HISTORICALLY, OR AESTHETICALLY SIGNIFICANT.
(B) NOMINATION OF FILMS.-THE BOARD SHALL CONSIDER, FOR INCLUSION IN THE
NATIONAL FILM REGISTRY, NOMINATIONS SUBMITTED BY THE GENERAL PUBLIC AS
WELL AS REPRESENTATIVES OF THE FILM INDUSTRY, SUCH AS THE GUILDS AND
SOCIETIES REPRESENTING ACTORS, DIRECTORS, SCREENWRITERS,
CINEMATOGRAPHERS, AND OTHER CREATIVE ARTISTS, PRODUCERS, AND FILM
CRITICS, ARCHIVES AND OTHER FILM PRESERVATION ORGANIZATIONS, AND
REPRESENTATIVES OF ACADEMIC INSTITUTIONS WITH FILM STUDY PROGRAMS. THE
BOARD SHALL NOMINATE NOT MORE THAN 25 FILMS EACH YEAR FOR INCLUSION IN
THE REGISTRY.
(C) POWERS.-
(1) IN GENERAL.-THE BOARD MAY, FOR THE PURPOSE OF CARRYING OUT ITS
DUTIES, HOLD SUCH HEARINGS, SIT AND ACT AT SUCH TIMES AND PLACES,
TAKE SUCH TESTIMONY, AND RECEIVE SUCH EVIDENCE, AS THE LIBRARIAN AND
THE BOARD CONSIDER APPROPRIATE.
(2) SERVICE ON FOUNDATION.-TWO SITTING MEMBERS OF THE BOARD SHALL
BE APPOINTED BY THE LIBRARIAN, AND SHALL SERVE, AS BOARD MEMBERS OF
THE NATIONAL FILM PRESERVATION FOUNDATION, IN ACCORDANCE WITH SECTION
203.
SEC. 106. NATIONAL FILM REGISTRY COLLECTION OF THE LIBRARY OF CONGRESS.
(a) ACQUISITION OF ARCHIVAL QUALITY COPIES.-THE LIBRARIAN SHALL
ENDEAVOR TO OBTAIN, BY GIFT FROM THE OWNER, AN ARCHIVAL QUALITY COPY OF
THE REGISTRY VERSION OF EACH FILM INCLUDED IN THE NATIONAL FILM REGISTRY.
WHENEVER POSSIBLE, THE LIBRARIAN SHALL ENDEAVOR TO OBTAIN THE BEST
SURVIVING MATERIALS, INCLUDING PREPRINT MATERIALS. COPYRIGHT OWNERS AND
OTHERS POSSESSING COPIES OF SUCH MATERIALS ARE STRONGLY ENCOURAGED, TO
FURTHER THE PRESERVATION PURPOSES OF THIS ACT, TO PROVIDE PREPRINT AND
OTHER ARCHIVAL ELEMENTS TO THE LIBRARY OF CONGRESS.
(B) ADDITIONAL MATERIALS.-THE LIBRARIAN SHALL ENDEAVOR TO OBTAIN, FOR
EDUCATIONAL AND RESEARCH PURPOSES, ADDITIONAL MATERIALS RELATED TO EACH
FILM INCLUDED IN THE NATIONAL FILM REGISTRY, SUCH AS BACKGROUND
MATERIALS, PRODUCTION REPORTS, SHOOTING SCRIPTS (INCLUDING CONTINUITY
SCRIPTS) AND OTHER SIMILAR MATERIALS.
(C) PROPERTY OF UNITED STATES.-ALL COPIES OF FILMS ON THE NATIONAL FILM
REGISTRY THAT ARE RECEIVED AS GIFTS OR BEQUESTS BY THE LIBRARIAN AND
OTHER MATERIALS RECEIVED BY THE LIBRARIAN UNDER SUBSECTION (B), SHALL
BECOME THE PROPERTY OF THE UNITED STATES GOVERNMENT, SUBJECT TO THE
PROVISIONS OF TITLE 17, UNITED STATES CODE.
(D) NATIONAL FILM REGISTRY COLLECTION.-ALL COPIES OF FILMS ON THE
NATIONAL FILM REGISTRY THAT ARE RECEIVED BY THE LIBRARIAN UNDER
SUBSECTION (A), AND OTHER MATERIALS RECEIVED BY THE LIBRARIAN UNDER
SUBSECTION (B), SHALL BE MAINTAINED IN THE LIBRARY OF CONGRESS AND BE
KNOWN AS THE "NATIONAL FILM REGISTRY COLLECTION OF THE LIBRARY OF
CONGRESS". THE LIBRARIAN SHALL, BY REGULATION,
and in accordance with title 17, United States Code, provide for
reasonable access to the films and other materials in such collection for
scholarly and research purposes.
SEC. 107. SEAL OF THE NATIONAL FILM REGISTRY.
(a) USE OF THE SEAL.-
(1) PROHIBITION ON DISTRIBUTION AND EXHIBITION.-NO PERSON SHALL
KNOWINGLY DISTRIBUTE OR EXHIBIT TO THE PUBLIC A VERSION OF A FILM OR
ANY COPY OF A FILM WHICH BEARS THE SEAL DESCRIBED IN SECTION
103(A)(3) IF SUCH FILM-
(A) IS NOT INCLUDED IN THE NATIONAL FILM REGISTRY; OR
(B) IS INCLUDED IN THE NATIONAL FILM REGISTRY, BUT SUCH FILM OR
FILM COPY HAS NOT BEEN APPROVED FOR USE OF THE SEAL BY THE
LIBRARIAN PURSUANT TO SECTION 103(A)(1)(D).
(2) PROHIBITION ON PROMOTION.-NO PERSON SHALL KNOWINGLY USE THE
SEAL DESCRIBED IN SECTION 103(A)(3) TO PROMOTE ANY VERSION OF A FILM
OR FILM COPY OTHER THAN A REGISTRY VERSION.
(B) EFFECTIVE DATE OF THE SEAL.-THE USE OF THE SEAL DESCRIBED IN
SECTION 103(A)(3) SHALL BE EFFECTIVE FOR EACH FILM AFTER THE LIBRARIAN
PUBLISHES IN THE FEDERAL REGISTER, IN ACCORDANCE WITH SECTION 103(A)(2),
THE NAME OF THAT FILM AS SELECTED FOR INCLUSION IN THE NATIONAL FILM
REGISTRY.
SEC. 108. REMEDIES.
(a) JURISDICTION.-THE SEVERAL DISTRICT COURTS OF THE UNITED STATES
SHALL HAVE JURISDICTION, FOR CAUSE SHOWN, TO PREVENT AND RESTRAIN
VIOLATIONS OF SECTION 107(A).
(B) RELIEF.-
(1) REMOVAL OF SEAL.-EXCEPT AS PROVIDED IN PARAGRAPH (2), RELIEF
FOR VIOLATION OF SECTION 107(A) SHALL BE LIMITED TO THE REMOVAL OF
THE SEAL OF THE NATIONAL FILM REGISTRY FROM THE FILM INVOLVED IN THE
VIOLATION.
(2) FINE AND INJUNCTIVE RELIEF.-IN THE CASE OF A PATTERN OR
PRACTICE OF THE WILLFUL VIOLATION OF SECTION 107(A), THE UNITED
STATES DISTRICT COURTS MAY ORDER A CIVIL FINE OF NOT MORE THAN
$10,000 AND APPROPRIATE INJUNCTIVE RELIEF.
SEC. 109. LIMITATIONS OF REMEDIES.
The remedies provided in section 108 shall be the exclusive remedies
under this title, or any other Federal or State law, regarding the use of
the seal described in section 103(a)(3).
SEC. 110. STAFF OF BOARD; EXPERTS AND CONSULTANTS.
(a) STAFF.-THE LIBRARIAN MAY APPOINT AND FIX THE PAY OF SUCH PERSONNEL
AS THE LIBRARIAN CONSIDERS APPROPRIATE TO CARRY OUT THIS TITLE.
(B) EXPERTS AND CONSULTANTS.-THE LIBRARIAN MAY, IN CARRYING OUT THIS
TITLE, PROCURE TEMPORARY AND INTERMITTENT SERVICES UNDER SECTION 3109(B)
OF TITLE 5, UNITED STATES CODE, BUT AT RATES FOR INDIVIDUALS NOT TO
EXCEED THE DAILY EQUIVALENT OF THE MAXIMUM RATE OF BASIC PAY PAYABLE FOR
GS-15 OF THE GENERAL SCHEDULE. IN NO CASE MAY A MEMBER OF THE BOARD OR AN
ALTERNATE BE PAID AS AN EXPERT OR CONSULTANT UNDER THIS SECTION.
SEC. 111. DEFINITIONS.
As used in this title-
(1) the term "Librarian" means the Librarian of Congress;
(2) the term "Board" means the National Film Preservation Board;
(3) the term "film" means a "motion picture" as defined in section
101 of title 17, United States Code, except that such term does not
include any work not originally fixed on film stock, such as a work
fixed on videotape or laser disk;
(4) the term "publication" means "publication" as defined in
section 101 of title 17 United States Code; and
(5) the term "Registry version" means, with respect to a film, the
version of a film first published, or as complete a version as bona
fide preservation and restoration activities by the Librarian, an
archivist other than the Librarian, or the copyright owner can
compile in those cases where the original material has been
irretrievably lost.
SEC. 112. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Librarian such sums as
may be necessary to carry out the purposes of this title, but in no
fiscal year shall such sum exceed $250,000.
SEC. 113. EFFECTIVE DATE.
The provisions of this title shall be effective for 10 years beginning
on the date of the enactment of this Act. The provisions of this title
shall apply to any copy of any film, including those copies of films
selected for inclusion in the National Film Registry under the National
Film Preservation Act of 1988 and the National Film Preservation Act of
1992, except that any film so selected under either Act shall be deemed
to have been selected for the National Film Registry under this title.
SEC. 114. REPEAL.
The National Film Preservation Act of 1992
(2 U.S.C. 179 and following)
is repealed.
TITLE II-THE NATIONAL FILM PRESERVATION FOUNDATION ACT
SEC. 201. SHORT TITLE.
This title may be cited as the "National Film Preservation Foundation
Act".
SEC. 202. ESTABLISHMENT AND PURPOSE OF FOUNDATION.
(a) ESTABLISHMENT.-THERE IS ESTABLISHED THE NATIONAL FILM PRESERVATION
FOUNDATION (HEREAFTER IN THIS TITLE REFERRED TO AS THE "FOUNDATION"). THE
FOUNDATION IS A CHARITABLE AND NONPROFIT CORPORATION AND IS NOT AN AGENCY
OR ESTABLISHMENT OF THE UNITED STATES.
(B) PURPOSES.-THE PURPOSES OF THE FOUNDATION ARE-
(1) TO ENCOURAGE, ACCEPT, AND ADMINISTER PRIVATE GIFTS TO PROMOTE
AND ENSURE THE PRESERVATION AND PUBLIC ACCESSIBILITY OF THE NATION'S
FILM HERITAGE HELD AT THE LIBRARY OF CONGRESS AND OTHER PUBLIC AND
NON-PROFIT ARCHIVES THROUGHOUT THE UNITED STATES;
(2) TO FURTHER THE GOALS OF THE LIBRARY OF CONGRESS AND THE
NATIONAL FILM PRESERVATION BOARD IN CONNECTION WITH THEIR ACTIVITIES
UNDER THE NATIONAL FILM PRESERVATION ACT; AND
(3) TO UNDERTAKE AND CONDUCT OTHER ACTIVITIES, ALONE OR IN
COOPERATION WITH OTHER FILM RELATED INSTITUTIONS AND ORGANIZATIONS,
AS WILL FURTHER THE PRESERVATION AND PUBLIC ACCESSIBILITY OF FILMS
MADE IN THE UNITED STATES, PARTICULARLY THOSE NOT PROTECTED BY
PRIVATE INTERESTS, FOR THE BENEFIT OF PRESENT AND FUTURE GENERATIONS
OF AMERICANS.
SEC. 203. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) ESTABLISHMENT AND MEMBERSHIP.-THE FOUNDATION SHALL HAVE A GOVERNING
BOARD OF DIRECTORS (HEREAFTER IN THIS TITLE REFERRED TO AS THE "BOARD"),
WHICH SHALL CONSIST OF 9 DIRECTORS, EACH OF WHOM SHALL BE A UNITED STATES
CITIZEN AND AT LEAST 6 OF WHOM MUST BE KNOWLEDGEABLE OR EXPERIENCED IN
FILM PRODUCTION, DISTRIBUTION, PRESERVATION OR RESTORATION, INCLUDING 2
WHO SHALL BE SITTING MEMBERS OF THE NATIONAL FILM PRESERVATION BOARD.
THESE 6 MEMBERS OF THE BOARD SHALL, TO THE EXTENT PRACTICABLE, REPRESENT
DIVERSE POINTS OF VIEWS FROM THE FILM COMMUNITY, INCLUDING MOTION PICTURE
PRODUCERS, CREATIVE ARTISTS, NONPROFIT AND PUBLIC ARCHIVISTS, HISTORIANS,
FILM CRITICS, THEATER OWNERS, AND LABORATORY AND UNIVERSITY PERSONNEL.
THE LIBRARIAN OF CONGRESS (HEREAFTER IN THIS TITLE REFERRED TO AS THE
"LIBRARIAN") SHALL BE AN EX OFFICIO NON-VOTING MEMBER OF THE BOARD.
APPOINTMENT TO THE BOARD SHALL NOT CONSTITUTE EMPLOYMENT BY, OR THE
HOLDING OF AN OFFICE OF, THE UNITED STATES FOR THE PURPOSE OF ANY FEDERAL
LAW.
(B) APPOINTMENT AND TERMS.-WITHIN 90 DAYS AFTER THE DATE OF THE
ENACTMENT OF THIS ACT, THE LIBRARIAN SHALL APPOINT THE DIRECTORS OF THE
BOARD. EACH DIRECTOR SHALL BE APPOINTED FOR A TERM OF 5 YEARS. A VACANCY
ON THE BOARD SHALL BE FILLED, WITHIN 60 DAYS AFTER THE VACANCY OCCURS, IN
THE MANNER IN WHICH THE ORIGINAL APPOINTMENT WAS MADE. NO INDIVIDUAL MAY
SERVE MORE THAN 2 CONSECUTIVE TERMS AS A DIRECTOR.
(C) CHAIR.-THE INITIAL CHAIR SHALL BE APPOINTED BY THE LIBRARIAN FROM
THE MEMBERSHIP OF THE BOARD FOR A 2-YEAR TERM, AND THEREAFTER SHALL BE
APPOINTED AND REMOVED IN ACCORDANCE WITH THE FOUNDATION'S BYLAWS.
(D) QUORUM.-A MAJORITY OF THE CURRENT MEMBERSHIP OF THE BOARD SHALL
CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS.
(E) MEETINGS.-THE BOARD SHALL MEET AT THE CALL OF THE LIBRARIAN OR THE
CHAIR AT LEAST ONCE A YEAR. IF A DIRECTOR MISSES 3 CONSECUTIVE REGULARLY
SCHEDULED MEETINGS, THAT INDIVIDUAL MAY BE REMOVED FROM THE BOARD BY THE
LIBRARIAN, AND THAT VACANCY SHALL BE FILLED IN ACCORDANCE WITH SUBSECTION
(B).
(F) REIMBURSEMENT OF EXPENSES.-MEMBERS OF THE BOARD SHALL SERVE WITHOUT
PAY, BUT MAY BE REIMBURSED FOR THE ACTUAL AND NECESSARY TRAVELING AND
SUBSISTENCE EXPENSES INCURRED BY THEM IN THE PERFORMANCE OF THE DUTIES OF
THE FOUNDATION.
(G) GENERAL POWERS.-
(1) ORGANIZATION OF FOUNDATION.-THE BOARD MAY COMPLETE THE
ORGANIZATION OF THE FOUNDATION BY-
(A) APPOINTING, REMOVING, AND REPLACING OFFICERS, EXCEPT AS
PROVIDED FOR IN PARAGRAPH (2)(B);
(B) ADOPTING A CONSTITUTION AND BYLAWS CONSISTENT WITH THE
PURPOSE OF THE FOUNDATION AND THE PROVISIONS OF THIS TITLE; AND
(C) UNDERTAKING SUCH OTHER ACTS AS MAY BE NECESSARY TO CARRY
OUT THE PROVISIONS OF THIS TITLE.
(2) LIMITATION ON APPOINTMENT OF EMPLOYEES.-THE FOLLOWING
LIMITATIONS APPLY WITH RESPECT TO THE APPOINTMENT OF EMPLOYEES OF THE
FOUNDATION:
(A) EMPLOYEES MAY NOT BE APPOINTED UNTIL THE FOUNDATION HAS
SUFFICIENT FUNDS TO PAY THEM FOR THEIR SERVICES. EXCEPT AS
PROVIDED IN SUBPARAGRAPH (B), EMPLOYEES OF THE FOUNDATION SHALL
BE APPOINTED, REMOVED, AND REPLACED BY THE SECRETARY OF THE
BOARD. ALL EMPLOYEES (INCLUDING THE SECRETARY OF THE BOARD) SHALL
BE APPOINTED AND REMOVED WITHOUT REGARD TO THE PROVISIONS OF
TITLE 5, UNITED STATES CODE, GOVERNING APPOINTMENTS IN THE
COMPETITIVE SERVICE, AND MAY BE PAID WITHOUT REGARD TO THE
PROVISIONS OF CHAPTER 51 AND SUBCHAPTER III OF CHAPTER 53 OF SUCH
TITLE RELATING TO CLASSIFICATION AND GENERAL SCHEDULE PAY RATES,
EXCEPT THAT NO INDIVIDUAL SO APPOINTED MAY RECEIVE PAY IN EXCESS
OF THE ANNUAL RATE OF BASIC PAY IN EFFECT FOR GRADE GS-15 OF THE
GENERAL SCHEDULE. NEITHER THE BOARD, NOR ANY OF THE EMPLOYEES OF
THE FOUNDATION, INCLUDING THE SECRETARY OF THE BOARD, SHALL BE
CONSTRUED TO BE EMPLOYEES OF THE LIBRARY OF CONGRESS.
(B) THE FIRST EMPLOYEE APPOINTED SHALL BE THE SECRETARY OF THE
BOARD. THE SECRETARY SHALL BE APPOINTED, AND MAY BE REMOVED BY,
THE LIBRARIAN.
(C) THE SECRETARY OF THE BOARD SHALL-
(I) SERVE AS ITS EXECUTIVE DIRECTOR, AND
(II) BE KNOWLEDGEABLE AND EXPERIENCED IN MATTERS RELATING
TO FILM PRESERVATION AND RESTORATION ACTIVITIES, FINANCIAL
MANAGEMENT, AND FUND-RAISING.
SEC. 204. RIGHTS AND OBLIGATIONS OF THE FOUNDATION
(a) GENERAL.-THE FOUNDATION-
(1) SHALL HAVE PERPETUAL SUCCESSION;
(2) MAY CONDUCT BUSINESS IN THE SEVERAL STATES, THE DISTRICT OF
COLUMBIA, AND ANY COMMONWEALTH, TERRITORY, OR POSSESSION OF THE
UNITED STATES;
(3) SHALL HAVE ITS PRINCIPAL OFFICES IN THE DISTRICT OF COLUMBIA;
AND
(4) SHALL AT ALL TIMES MAINTAIN A DESIGNATED AGENT AUTHORIZED TO
ACCEPT SERVICE OF PROCESS FOR THE FOUNDATION.
THE SERVING OF NOTICE TO, OR SERVICE OF PROCESS UPON, THE AGENT REQUIRED
UNDER PARAGRAPH (4), OR MAILED TO THE BUSINESS ADDRESS OF SUCH AGENT,
SHALL BE DEEMED AS SERVICE UPON OR NOTICE TO THE FOUNDATION.
(B) SEAL.-THE FOUNDATION SHALL HAVE AN OFFICIAL SEAL SELECTED BY THE
BOARD WHICH SHALL BE JUDICIALLY NOTICED.
(C) POWERS.-TO CARRY OUT ITS PURPOSES UNDER SECTION 202, THE FOUNDATION
SHALL HAVE, IN ADDITION TO THE POWERS OTHERWISE GIVEN IT UNDER THIS
TITLE, THE USUAL POWERS OF A CORPORATION ACTING AS A TRUSTEE IN THE
DISTRICT OF COLUMBIA, INCLUDING THE POWER-
(1) TO ACCEPT, RECEIVE, SOLICIT, HOLD, ADMINISTER, AND USE ANY
GIFT, DEVISE, OR BEQUEST, EITHER ABSOLUTELY OR IN TRUST, OF REAL OR
PERSONAL PROPERTY OR ANY INCOME THEREFROM OR OTHER INTEREST THEREIN;
(2) TO ACQUIRE BY PURCHASE OR EXCHANGE ANY REAL OR PERSONAL
PROPERTY OR INTEREST THEREIN;
(3) UNLESS OTHERWISE REQUIRED BY THE INSTRUMENT OF TRANSFER, TO
SELL, DONATE, LEASE, INVEST, REINVEST, RETAIN, OR OTHERWISE DISPOSE
OF ANY PROPERTY OR INCOME THEREFROM;
(4) TO BORROW MONEY AND ISSUE BONDS, DEBENTURES, OR OTHER DEBT
INSTRUMENTS;
(5) TO SUE AND BE SUED, AND COMPLAIN AND DEFEND ITSELF IN ANY COURT
OF COMPETENT JURISDICTION, EXCEPT THAT THE DIRECTORS OF THE BOARD
SHALL NOT BE PERSONALLY LIABLE, EXCEPT FOR GROSS NEGLIGENCE;
(6) TO ENTER INTO CONTRACTS OR OTHER ARRANGEMENTS WITH PUBLIC
AGENCIES AND PRIVATE ORGANIZATIONS AND PERSONS AND TO MAKE SUCH
PAYMENTS AS MAY BE NECESSARY TO CARRY OUT ITS FUNCTIONS; AND
(7) TO DO ANY AND ALL ACTS NECESSARY AND PROPER TO CARRY OUT THE
PURPOSES OF THE FOUNDATION.
A GIFT, DEVISE, OR BEQUEST MAY BE ACCEPTED BY THE FOUNDATION EVEN THOUGH
IT IS ENCUMBERED, RESTRICTED, OR SUBJECT TO BENEFICIAL INTERESTS OF
PRIVATE PERSONS, IF ANY CURRENT OR FUTURE INTEREST THEREIN IS FOR THE
BENEFIT OF THE FOUNDATION.
SEC. 205. ADMINISTRATIVE SERVICES AND SUPPORT.
The Librarian may provide personnel, facilities, and other
administrative services to the Foundation, including reimbursement of
expenses under section 203, not to exceed the current per diem rates for
the Federal Government, and may accept reimbursement therefor. Amounts so
reimbursed shall be deposited in the Treasury to the credit of the
appropriations then current and chargeable for the cost of providing such
services.
SEC. 206. VOLUNTEER STATUS.
The Librarian may accept, without regard to the civil service
classification laws, rules, or regulations, the services of the
Foundation, the Board, and other officers and employees of the Board,
without compensation from the Library of Congress, as volunteers in the
performance of the functions authorized in this title.
SEC. 207. AUDITS, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL,
FOR EQUITABLE RELIEF.
(a) AUDITS.-THE FOUNDATION SHALL BE TREATED AS A PRIVATE CORPORATION
ESTABLISHED UNDER FEDERAL LAW FOR PURPOSES OF THE ACT ENTITLED "AN ACT TO
PROVIDE FOR AUDIT OF ACCOUNTS OF PRIVATE CORPORATIONS ESTABLISHED UNDER
FEDERAL LAW.", APPROVED AUGUST 30, 1964
(36 U.S.C. 1101-1103).
(B) REPORT.-THE FOUNDATION SHALL, AS SOON AS PRACTICABLE AFTER THE END
OF EACH FISCAL YEAR, TRANSMIT TO THE CONGRESS A REPORT OF ITS PROCEEDINGS
AND ACTIVITIES DURING SUCH YEAR, INCLUDING A FULL AND COMPLETE STATEMENT
OF ITS RECEIPTS, EXPENDITURES, AND INVESTMENTS.
(C) RELIEF WITH RESPECT TO CERTAIN FOUNDATION ACTS OR FAILURE TO
ACT.-IF THE FOUNDATION-
(1) ENGAGES IN, OR THREATENS TO ENGAGE IN, ANY ACT, PRACTICE, OR
POLICY THAT IS INCONSISTENT WITH ITS PURPOSES SET FORTH IN SECTION
202(B), OR
(2) REFUSES, FAILS, OR NEGLECTS TO DISCHARGE ITS OBLIGATIONS UNDER
THIS TITLE, OR THREATENS TO DO SO,
THE ATTORNEY GENERAL OF THE UNITED STATES MAY FILE A PETITION IN THE
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA FOR SUCH
EQUITABLE RELIEF AS MAY BE NECESSARY OR APPROPRIATE.
SEC. 208. UNITED STATES RELEASE FROM LIABILITY.
The United States shall not be liable for any debts, defaults, acts, or
omissions of the Foundation, nor shall the full faith and credit of the
United States extend to any obligation of the Foundation.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION.-THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE
LIBRARY OF CONGRESS NOT TO EXCEED $2,000,000 FOR EACH OF THE FISCAL YEARS
1996 THROUGH 2005, TO BE MADE AVAILABLE TO THE FOUNDATION TO MATCH
PRIVATE CONTRIBUTIONS (WHETHER IN CURRENCY, SERVICES, OR PROPERTY) MADE
TO THE FOUNDATION BY PRIVATE PERSONS AND STATE AND LOCAL GOVERNMENTS.
(B) ADMINISTRATIVE EXPENSES.-NO FEDERAL FUNDS AUTHORIZED UNDER THIS
SECTION MAY BE USED BY THE FOUNDATION FOR ADMINISTRATIVE EXPENSES OF THE
FOUNDATION, INCLUDING FOR SALARIES, TRAVEL, AND TRANSPORTATION EXPENSES,
AND OTHER OVERHEAD EXPENSES.
HR 1734 IH--2
HR 1734 IH--3
SUBJECT: APPOINTMENTS (79%); ENTERTAINMENT & ARTS (59%); SPECIAL LIBRARIES (59%); MOVIE & VIDEO PRODUCTION (59%); NATIONAL LIBRARIES (59%); LIBRARIES (59%); LEGISLATION (59%); COPYRIGHT (59%); BONDS (59%); FILM DIRECTORS (59%); FILM (59%); ARTISTS & PERFORMERS (59%); LIBRARIANS (59%); TRUST ARRANGEMENTS (59%); APPROPRIATIONS (59%); LEGISLATIVE BODIES (59%); NONPROFIT ORGANIZATIONS (59%); MOVIE REVIEWS (59%); MOVIE & VIDEO INDUSTRIES (59%); BOARD CHANGES (59%); MOVIE INDUSTRY (59%); US FEDERAL GOVERNMENT (59%);
LOAD-DATE: June 1, 1995
