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may adopt rules and regulations in regard to its procedure and the conduct of its business. (As amended Feb. 18, 1992, Pub. L. 102-246, $$ 1, 2, 106 Stat. 31.)

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8 142j. John C. Stennis Center for Public Service

Training and Development; disbursement of funds, computation and disbursement of basic pay, and provision of financial management serv. ices and support by Library of Congress; pay

ment for services From and after October 1, 1988, the Library of Congress is authorized to

(1) disburse funds appropriated for the John C. Stennis Center for Public Service Training and Development;

(2) compute and disburse the basic pay for all personnel of the John C. Stennis Center for Public Service Training and Development;

(3) provide financial management services and support to the John C. Stennis Center for Public Service Training and Development, in the same manner as provided with respect to the Office of Technology Assessment under section 142f of this title; and

(4) collect from the funds appropriated for the John C. Stennis Center for Public Service Training and Development the full costs of providing the services specified in (1), (2), and (3) above, as provided under an agreement for services ordered under 31 U.S.C. 1535 and

1536. (Pub. L. 101-163, title II, $ 205, Nov. 21, 1989, 103 Stat. 1060.)

AMENDMENTS 1992-Pub. L. 102-246 struck out "and" after “Li. brarian of Congress," inserted “, four persons appointed by the Speaker of the House of Representatives (in consultation with the minority leader of the House of Representatives) for a term of five years each (the first appointments being for two, three, four, and five years, respectively), and four persons appointed by the majority leader of the Senate (in consultation with the minority leader of the Senate) for a term of five years each (the first appointments being for two, three, four, and five years, respectively)” after “respectively)”, and substituted “Nine" for "Three".

Lat. 715 14 Stat ant and ch

8 156. Gifts, etc., to Library of Congress Trust Fund

Board

abunge ment of anage

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 158a, 160 of this title.

8 157. Funds of Library of Congress Trust Fund

Board; management of

E2j of

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 158a, 160 of this title.

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8 158a. Temporary possession of gifts of money or se

curities to Library of Congress; investment In the case of a gift of money or securities of. fered to the Library of Congress, if, because of conditions attached by the donor or similar considerations, expedited action is necessary, the Librarian of Congress may take temporary possession of the gift, subject to approval under section 156 of this title. The gift shall be receipted for and invested, reinvested, or retained as provided in section 157 of this title, except that

(1) a gift of securities may not be invested or reinvested; and

(2) any investment or reinvestment of a gift of money shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest

by the United States. If the gift is not so approved within the 12month period after the Librarian so takes possession, the principal of the gift shall be returned to the donor and any income earned during that period shall be available for use with respect to the Library of Congress as provided by law. (Mar. 3, 1925, ch. 423, $ 2(par.), as added Feb. 18, 1992, Pub. L. 102-246, § 3, 106 Stat. 31.)

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8 154. Library of Congress Trust Fund Board; mem

bers; quorum; seal; rules and regulations A board is created and established, to be known as the “Library of Congress Trust Fund Board” (hereinafter referred to as the board), which shall consist of the Secretary of the Treasury (or an Assistant Secretary designated in writing by the Secretary of the Treasury), the chairman of the Joint Committee on the Library, the Librarian of Congress, two persons appointed by the President for a term of five years each (the first appointments being for three and five years, respectively), four persons appointed by the Speaker of the House of Representatives (in consultation with the minority leader of the House of Representatives) for a term of five years each (the first appointments being for two, three, four, and five years, respectively), and four persons appointed by the majority leader of the Senate (in consultation with the minority leader of the Senate) for a term of five years each (the first appointments being for two, three, four, and five years, respectively). Nine members of the board shall constitute a quorum for the transaction of business, and the board shall have an official seal, which shall be judicially noticed. The board

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8 166. Congressional Research Service

REFERENCES IN OTHER LAWS to GS-16, 17, OR 18 PAY

RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I,

$ 101(c)(1)] of Pub. L. 101-509, set out in a note under in Pub. L. 101-520, $ 205(a), and Pub. L. 101-562, $ 1, section 5376 of Title 5.

see section 205(e) of Pub. L. 101-520 and former sec

tion 2(d) of Pub. L. 101-562, set out as a Special FaciliCOMPENSATION OF DIRECTOR OF CONGRESSIONAL

ties Center; Acquisition note under section 141 of this RESEARCH SERVICE

title. Pub. L. 103-69, title I, Aug. 11, 1993, 107 Stat. 703, provided in part: “That, notwithstanding any other

SECTION REFERRED TO IN OTHER SECTIONS provision of law, the compensati of the Director of the Congressional Research Service, Library of Con

This section is referred to in section 141 of this title;

title 40 section 136. gress, shall be at an annual rate which is equal to the annual rate of basic pay for positions at level IV of the Executive Schedule under section 5315 of title 5,

88 178 to 1781. Repealed. Pub. L. 102-307, title II, United States Code."

8 214, June 26, 1992, 106 Stat. 272 Similar provisions were contained in the following prior appropriation acts:

Section 178, Pub. L. 100-446, title I, § 1, Sept. 27, Pub. L. 102-392, title I, Oct. 6, 1992, 106 Stat. 1715.

1988, 102 Stat. 1782, related to Congressional findings Pub. L. 102-90, title I, Aug. 14, 1991, 105 Stat. 460.

on national film preservation. Pub. L. 101-520, title I, Nov. 5, 1990, 104 Stat. 2269.

Section 178a, Pub. L. 100-446, title I, § 2, Sept. 27, Pub. L. 101-163, title I, Nov. 21, 1989, 103 Stat. 1057.

1988, 102 Stat. 1782, related to establishment of a Na.

tional Film Registry. 8 167g. Prosecution and punishment of offenses in Li

Section 178b, Pub. L. 100-446, title I, § 3, Sept. 27, brary buildings and grounds

1988, 102 Stat. 1782, related to the duties of Librarian

of Congress with respect to the National Film RegisWhoever violates any provision of sections try. 167a to 167e of this title, or of any regulation

Section 178c, Pub. L. 100-446, title I, § 4, Sept. 27, prescribed under section 167f of this title, com

1988, 102 Stat. 1784, related to film labeling requiremits a Class B misdemeanor, prosecution for

ments. such offenses to be had in the Superior Court

Section 178d, Pub. L. 100-446, title I, 85, Sept. 27,

1988, 102 Stat. 1785, related to misuse of National Film of the District of Columbia upon information

Registry seal. by the United States attorney or any of his as- Section 178e, Pub. L. 100-446, title I, $ 6, Sept. 27, sistants: Provided, That in any case where, in 1988, 102 Stat. 1785, related to remedies for film labelthe commission of any such offense, public ing violations or for misusing the National Film Regisproperty is damaged in an amount exceeding try seal. $100, the person commits a Class D felony.

Section 178f, Pub. L. 100-446, title I, 87, Sept. 27,

1988, 102 Stat. 1785, related to exclusivity of remedies (As amended Nov. 15, 1990, Pub. L. 101-562, $ 3,

provided in former section 178e of this title. 104 Stat. 2781.)

Section 178g, Pub. L. 100-446, title I, § 8, Sept. 27,

1988, 102 Stat. 1785; Pub. L. 102-378, $ 5(c), Oct. 2, AMENDMENTS

1992, 106 Stat. 1358, related to establishment of Na1990--Pub. L. 101-562 substituted "commits a Class tional Film Preservation Board. B misdemeanor" for "shall be fined not more than Section 178h, Pub. L. 100-446, title I, 89, Sept. 27, $100 or imprisoned not more than sixty days, or both” 1988, 102 Stat. 1787, related to staff of National Film and “the person commits a Class D felony” for “the Registry Board and authority of Board to procure period of imprisonment for the offense may not be services of experts and consultants. more than five years".

Section 178i, Pub. L. 100-446, title I, $ 10, Sept. 27,

1988, 102 Stat. 1787, related to powers of National 8 1673. Area comprising Library of Congress grounds; Film Registry Board. "buildings and grounds" defined

Section 178j, Pub. L. 100-446, title I, § 11, Sept. 27,

1988, 102 Stat. 1787, contained definitions. [See main edition for text of (a) and (6)]

Section 178k, Pub. L. 100-446, title I, § 12, Sept. 27,

1988, 102 Stat. 1788, authorized appropriations. (c) For the purpose of sections 167 to 167j of

Section 1781, Pub. L. 100-446, title I, $ 13, Sept. 27, this title, the term “Library of Congress build

1988, 102 Stat. 1788, provided effective date, sunset, ings and grounds” shall include (1) all real

and savings provisions for former sections 178 to 1781 property in lot 51 in square 869 in the District of this title. of Columbia, as that lot appears on the records For similar provisions, see section 179 et seq. of this in the office of the Surveyor of the District of title. Columbia on August 1, 1990, extending to the outer face of the curbs of the square in which it

SHORT TITLE is located and including all alleys or parts of Pub. L. 100-446, title I, § 1, Sept. 27, 1988, 102 Stat. alleys and streets within the lot lines and curb 1782, which provided that sections 178 to 1781 of this lines surrounding such real property, and (2) title were to be cited as the “National Film Preservaimprovements to such real property.

tion Act of 1988" was repealed by Pub. L. 102-307, title

III, $ 214, June 26, 1992, 106 Stat. 272. (As amended Nov. 5, 1990, Pub. L. 101-520, title II, § 205(d), 104 Stat. 2272; Nov. 15, 1990, Pub. 8 179. National Film Registry of Library of Congress L. 101-562, § 2(c), 104 Stat. 2780.)

The Librarian of Congress (hereinafter in secAMENDMENTS

tions 179 to 179k of this title referred to as the 1990–Subsec. (c). Pub. L. 101-520 and Pub. L. "Librarian") shall establish a National Film 101-562 made substantively identical amendments, Registry pursuant to the provisions of sections adding subsec. (c).

179 to 179k of this title, for the purpose of EFFECTIVE DATE OF 1990 AMENDMENTS

maintaining and preserving films that are cul

turally, historically, or aesthetically significant. Amendment by Pub. L. 101-520 and Pub. L. 101-562 effective on date (Nov. 6, 1991) Architect of the Cap- (Pub. L. 102-307, title II, $ 202, June 26, 1992, Itol acquires the property and improvements described 106 Stat. 267.)

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TERMINATION OF SECTION For termination of section, see section 179k of this title.

REFERENCES IN TEXT Sections 179 to 179k of this title, referred to in text, was in the original "this title", meaning title II of Pub. L. 102-307, June 26, 1992, 106 Stat. 267, which is classified principally to sections 179 to 179k of this title. For complete classification of title II to the Code, see Short Title note below and Tables.

PRIOR PROVISIONS Prior provisions similar to sections 179 to 179k of this title were contained in former section 178 et seq. of this title.

title II

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SHORT TITLE Section 201 of title II of Pub. L. 102-307 provided that: “This title (enacting sections 179 to 179k of this title and repealing sections 178 to 1781 of this title and provisions set out as a note under section 178 of this title) may be cited as the 'National Film Preservation Act of 1992'."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 179g, 179h, 1791, 179j, 179k of this title.

duire

and others in the public and private sector, are effective and complementary;

(ii) generating public awareness of and support for those activities; and

(iii) increasing accessibility of films for educational purposes, and improving nationwide activities in the preservation of works in other media such as videotape.

(B) The Librarian shall establish guidelines 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) The Librarian shall establish procedures under which the general public may make recommendations to the Board regarding the inclusion of films in the National Film Registry.

(D) The Librarian shall establish procedures for the examination by the Librarian of prints of films named for inclusion in the National Film Registry to determine their eligibility for the use of the seal of the National Film Registry under paragraph (3).

(E) The Librarian shall 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) The Librarian shall publish in the Federal Register the name of each film that is selected for inclusion in the National Film Registry.

(3) 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.

(4) The Librarian shall publish in the Federal Register the criteria used to determine the Registry version of a film.

(5) The Librarian shall submit to the Congress a report, not less than once every two years, listing films included in the National Film Registry and describing the activities of the Board.

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8 179a. Duties of Librarian of Congress (a) Study of film preservation

(1) The Librarian shall, after consultation with the Board established pursuant to section 179b of this title, conduct a study on the current state of film preservation and restoration activities, including the activities of the Library of Congress and the other major film archives in the United States. The Librarian shall, in conducting the study

(A) take into account the objectives of the national film preservation program set forth in clauses (i) through (iii) of subsection (b)(1)(A) of this section; and

(B) consult with film archivists, educators and historians, copyright owners, film industry representatives, including those involved in the preservation o. film, and others involved in activities related to film preserva

tion. The study shall include an examination of the concerns of private organizations and individuals involved in the collection and use of abandoned films such as training, educational, and other historically important films.

(2) Not later than 1 year after June 26, 1992, the Librarian shall submit to the Congress a report containing the results of the study conducted under paragraph (1). (b) Powers

(1) The Librarian shall, after consultation with the Board, do the following:

(A) After completion of the study required by subsection (a) of this section, the Librarian shall, taking into account the results of the study, establish a comprehensive national film preservation program for motion pictures, in conjunction with other film archivists and copyright owners. The objectives of such a program shall include

(1) coordinating activities to assure that efforts of archivists and copyright owners,

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(c) Seal

The seal provided under subsection (b)(3) of this section may be used on any copy of the Registry version of a film. Such seal may be used only after the Librarian has examined and approved the print from which the copy was made. In the case of copyrighted works, only the copyright owner or an authorized licensee of the copyright may place or authorize the placement of the seal on a copy of a film selected for inclusion in the National Film Registry, and the Librarian may place the seal on any print or copy of the film that is maintained in the National Film Registry Collection of the Library of Congress. The person authorized to place the seal on a copy of a film selected for inclusion in the National Film Registry may accompany such seal with the following language: “This film is included in the National Film Reg. istry, which is maintained by the Library of Congress, and was preserved under the National Film Preservation Act of 1992.".

(d) Development of standards

(M) The Screen Actors Guild of America. The Librarian shall develop standards or

(N) The National Association of Theater guidelines by which to assess the preservation

Owners. or restoration of films that will qualify films

(0) The American Society of Cinematografor use of the seal under this section.

phers and the International Photographers

Guild, which shall jointly submit 1 list of can(Pub. L. 102-307, title II, $ 203, June 26, 1992,

didates from which a member and alternate 106 Stat. 267.)

will be selected. TERMINATION OF SECTION

(P) The United States members of the For termination of section, see section

International Federation of Film Archives. 179k of this title.

(2) In addition to the Members appointed REFERENCES IN TEXT

under paragraph (1), the Librarian shall ap

point up to 2 members-at-large. The Librarian The National Film Preservation Act of 1992, referred to in subsec. (c), is title II of Pub. L. 102-307,

shall select the at-large members from names June 26, 1992, 106 Stat. 267, which is classified princi

submitted by organizations in the film industry, pally to sections 179 to 179k of this title. For complete creative artists, producers, film critics, film classification of this Act to the Code, see Short Title preservation organizations, academic institunote set out under section 179 of this title and Tables. tions with film study programs, and others with SECTION REFERRED TO IN OTHER SECTIONS

knowledge of copyright law and of the impor

tance, use, and dissemination of films. The LiThis section is referred to in sections 179, 179c, 179e, 179g, 179h, 1791, 179j, 179k of this title.

brarian shall, in selecting 1 such member-at

large, give preference to individuals who are re8 179b. National Film Preservation Board

sponsible for commercial film libraries. The Li

brarian shall also select from the names sub(a) Number and appointment

mitted under this paragraph an alternate for (1) The Librarian shall establish in the Li- each member-at-large, who may attend those brary of Congress a National Film Preservation meetings to which the member-at-large cannot Board to be comprised of up to 18 members, attend. who shall be selected by the Librarian in accordance with the provisions of this section.

(b) Chairperson Subject to subparagraphs (C) and (O), the Li- The Librarian shall appoint 1 member of the brarian shall request each organization listed in Board to serve as Chairperson. subparagraphs (A) through (P) to submit to the Librarian a list of not less than 3 candidates

(c) Term of office qualified to serve as a member of the Board. (1) The term of each member of the Board Except for the members-at-large appointed shall be 3 years, except that there shall be no under paragraph (2), the Librarian shall ap- limit to the number of terms that any individpoint 1 member from each such list submitted ual member may serve. by such organizations, and shall designate from (2) A vacancy in the Board shall be filled in that list an alternate who may attend those the manner in which the original appointment meetings to which the individual appointed to was made under subsection (a) of this section, the Board cannot attend. The organizations are except that the Librarian may fill the vacancy the following:

from a list of candidates previously submitted (A) The Academy of Motion Pictures Arts by the organization or organizations involved. and Sciences.

Any member appointed to fill a vacancy before (B) The Directors Guild of America.

the expiration of the term for which his or her (C) The Writers Guild of America. The

predecessor was appointed shall be appointed Writers Guild of America East and the Writ

only for the remainder of such term. ers Guild of America West shall each nomi. nate not less than 3 candidates, and a repre

(d) Quorum sentative from 1 such organization shall be

9 members of the Board shall constitute a selected as the member and a representative quorum but a lesser number may hold hearings. from the other such organization as the alternate.

(e) Basic pay (D) The National Society of Film Critics.

Members of the Board shall serve without (E) The Society for Cinema Studies.

pay. While away from their home or regular (F) The American Film Institute.

places of business in the performance of func(G) The Department of Theatre, Film and

tions of the Board, members of the Board shall Television of the College of Fine Arts at the

be allowed travel expenses, including per diem University of California, Los Angeles.

in lieu of subsistence, in the same manner as (H) The Department of Film and Television

persons employed intermittently in Governof the Tisch School of the Arts at New York

ment service are allowed expenses under secUniversity.

tion 5701 of title 5. (I) The University Film and Video Association.

(1) Meetings (J) The Motion Picture Association of

The Board shall meet at least once each calAmerica.

endar year. Meetings shall be at the call of the (K) The National Association of Broadcast

Librarian. ers.

(L) The Alliance of Motion Picture and Television Producers.

So in original. Probably should not be capitalized.

Page 49

TITLE 2–THE CONGRESS

8 179e

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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.

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(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 the responsibilities of the Board. (Pub. L. 102-307, title II, $ 204, June 26, 1992, 106 Stat. 268.)

TERMINATION OF SECTION For termination of section, see section 179k of this title.

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SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 179, 179a, 179g, 179h, 1791, 179j, 179k of this title.

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(c) Property of United States

All copies of films on the National Film Registry that are received by the Librarian and other materials received by the Librarian under subsection (b) of this section shall become the property of the United States Government, subject to the provisions of title 17. (d) National Film Registry Collection

All copies of films on the National Film Registry that are received by the Librarian and other materials received by the Librarian under subsection (b) of this section shall be maintained in a special collection in the Library of Congress to be known as the "National Film Registry Collection of the Library of Congress”. The Librarian shall, by regulation, and in accordance with title 17, provide for reasonable access to films in such collection for schol. arly and research purposes. (Pub. L. 102-307, title II, § 206, June 26, 1992, 106 Stat. 270.)

he

TERMINATION OF SECTION For termination of section, see section 179k of this title.

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8 179c. 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 shall consult with the Librarian, as provided in section 179a of this title, 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, film critics, 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) General powers

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 considers appropriate. (Pub. L. 102-307, title II, $ 205, June 26, 1992, 106 Stat. 270.)

TERMINATION OF SECTION For termination of section, see section 179k of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 179, 1798, 179h, 1791, 179j, 179k of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 179, 179g, 179h, 1791, 179j, 179k of this title.

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8 179e. Seal of National Film Registry

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(a) Use of seal

(1) No person shall knowingly distribute or exhibit to the public a version of a film which bears the seal described in section 179a(b)(3) of this title if such film

(A) is not included in the National Film Registry; or

(B) is included in the National Film Registry, but such copy was not made from a print that was camined and approved for the use of the seal by the Librarian under section 179a(c) of this title.

(2) No person shall knowingly use the seal described in section 179a(b)(3) of this title to promote any version of a film other than a Registry version.

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