[Congressional Record Volume 142, Number 113 (Monday, July 29, 1996)]
[House]
[Pages H8609-H8613]
From the Congressional Record Online through the Government Printing 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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