§ 142j. John C. Stennis Center for Public Service Training and Development; disbursement of funds, computation and disbursement of besic pay, and provision of financial management services and support by Library of Congress; payment 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.)

§ 142k. Library of Congress disbursing office; payroll processing functions

From and after October 1, 1989, the Librarian of Congress shall take appropriate action to assure that no legislative branch employee whose salary is disbursed by the Library of Congress disbursing office is adversely affected by alternative ways of performing the personnel/payroll processing function.

(Pub. L. 101-163, title II, § 206, Nov. 21, 1989, 103 Stat. 1060.)

§ 154. Library of Congress Trust Fund Board; members; 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

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.)

AMENDMENTS

1992-Pub. L. 102-246 struck out "and" after "Librarian 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".

§ 156. Gifts, etc., to Library of Congress Trust Fund Board

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 158a, 160 of this title.

8157. Funds of Library of Congress Trust Fund Board; management of

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

§ 158a. Temporary possession of gifts of money or securities to Library of Congress; investment

In the case of a gift of money or securities offered 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.)

§ 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,

COMPENSATION OF DIRECTor of CongrESSIONAL RESEARCH SERVICE

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 102-392, title I, Oct. 6, 1992, 106 Stat. 1715. Pub. L. 102-90, title I, Aug. 14, 1991, 105 Stat. 460. Pub. L. 101-520, title I, Nov. 5, 1990, 104 Stat. 2269. Pub. L. 101-163, title I, Nov. 21, 1989, 103 Stat. 1057.

§ 167g. Prosecution and punishment of offenses in Library buildings and grounds

Whoever violates any provision of sections 167a to 167e of this title, or of any regulation prescribed under section 167f of this title, commits a Class B misdemeanor, prosecution for such offenses to be had in the Superior Court of the District of Columbia upon information by the United States attorney or any of his assistants: Provided, That in any case where, in the commission of any such offense, public property is damaged in an amount exceeding $100, the person commits a Class D felony.

(As amended Nov. 15, 1990, Pub. L. 101-562, § 3, 104 Stat. 2781.)

AMENDMENTS

1990-Pub. L. 101-562 substituted "commits a Class B misdemeanor" for "shall be fined not more than $100 or imprisoned not more than sixty days, or both" and "the person commits a Class D felony" for "the period of imprisonment for the offense may not be more than five years".

§ 167j. Area comprising Library of Congress grounds; "buildings and grounds" defined

[See main edition for text of (a) and (b)]

(c) For the purpose of sections 167 to 167j of this title, the term "Library of Congress buildings and grounds" shall include (1) all real property in lot 51 in square 869 in the District of Columbia, as that lot appears on the records in the office of the Surveyor of the District of Columbia on August 1, 1990, extending to the outer face of the curbs of the square in which it is located and including all alleys or parts of alleys and streets within the lot lines and curb lines surrounding such real property, and (2) improvements to such real property.

(As amended Nov. 5, 1990, Pub. L. 101-520, title II, § 205(d), 104 Stat. 2272; Nov. 15, 1990, Pub. L. 101-562, § 2(c), 104 Stat. 2780.)

AMENDMENTS

1990-Subsec. (c). Pub. L. 101-520 and Pub. L. 101-562 made substantively identical amendments, adding subsec. (c).

EFFECTIVE DATE OF 1990 AMENDMENTS

Amendment by Pub. L. 101-520 and Pub. L. 101-562 effective on date [Nov. 6, 1991] Architect of the Capitol acquires the property and improvements described

in Pub. L. 101-520, § 205(a), and Pub. L. 101-562, § 1, see section 205(e) of Pub. L. 101-520 and former section 2(d) of Pub. L. 101-562, set out as a Special Facilities Center; Acquisition note under section 141 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 141 of this title; title 40 section 136.

§§ 178 to 1781. Repealed. Pub. L. 102-307, title II, § 214, June 26, 1992, 106 Stat. 272

Section 178, Pub. L. 100-446, title I, § 1, Sept. 27, 1988, 102 Stat. 1782, related to Congressional findings on national film preservation.

Section 178a, Pub. L. 100-446, title I, § 2, Sept. 27, 1988, 102 Stat. 1782, related to establishment of a National Film Registry.

Section 178b, Pub. L. 100-446, title I, § 3, Sept. 27, 1988, 102 Stat. 1782, related to the duties of Librarian of Congress with respect to the National Film Registry.

Section 178c, Pub. L. 100-446, title I, § 4, Sept. 27, 1988, 102 Stat. 1784, related to film labeling requirements.

Section 178d, Pub. L. 100-446, title I, § 5, Sept. 27, 1988, 102 Stat. 1785, related to misuse of National Film Registry seal.

Section 178e, Pub. L. 100-446, title I, § 6, Sept. 27, 1988, 102 Stat. 1785, related to remedies for film labeling violations or for misusing the National Film Registry seal.

Section 178f, Pub. L. 100-446, title I, § 7, Sept. 27, 1988, 102 Stat. 1785, related to exclusivity of remedies provided in former section 178e of this title.

Section 178g, Pub. L. 100-446, title I, § 8, Sept. 27, 1988, 102 Stat. 1785; Pub. L. 102-378, § 5(c), Oct. 2, 1992, 106 Stat. 1358, related to establishment of National Film Preservation Board.

Section 178h, Pub. L. 100-446, title I, § 9, Sept. 27, 1988, 102 Stat. 1787, related to staff of National Film Registry Board and authority of Board to procure services of experts and consultants.

Section 1781, Pub. L. 100-446, title I, § 10, Sept. 27, 1988, 102 Stat. 1787, related to powers of National Film Registry Board.

Section 178j, Pub. L. 100-446, title I, § 11, Sept. 27, 1988, 102 Stat. 1787, contained definitions.

Section 178k, Pub. L. 100-446, title I, § 12, Sept. 27, 1988, 102 Stat. 1788, authorized appropriations.

Section 1781, Pub. L. 100-446, title I, § 13, Sept. 27, 1988, 102 Stat. 1788, provided effective date, sunset, and savings provisions for former sections 178 to 1781 of this title.

For similar provisions, see section 179 et seq. of this title.

SHORT TITLE

Pub. L. 100-446, title I, § 1, Sept. 27, 1988, 102 Stat. 1782, which provided that sections 178 to 1781 of this title were to be cited as the "National Film Preservation Act of 1988" was repealed by Pub. L. 102-307, title III, § 214, June 26, 1992, 106 Stat. 272.

§ 179. National Film Registry of Library of Congress

The Librarian of Congress (hereinafter in sections 179 to 179k of this title referred to as the "Librarian") shall establish a National Film Registry pursuant to the provisions of sections 179 to 179k of this title, for the purpose of maintaining and preserving films that are culturally, historically, or aesthetically significant. (Pub. L. 102-307, title II, § 202, June 26, 1992, 106 Stat. 267.)

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.

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.

§ 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 of film, and others involved in activities related to film preservation.

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

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

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.

(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 Registry, which is maintained by the Library of Congress, and was preserved under the National Film Preservation Act of 1992.".

(Pub. L. 102-307, title II, § 203, June 26, 1992, 106 Stat. 267.)

TERMINATION OF SECTION

For termination of section, see section 179k of this title.

REFERENCES IN TEXT

The National Film Preservation Act of 1992, referred to in subsec. (c), is 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 this Act to the Code, see Short Title note set out under section 179 of this title and Tables.

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

§ 179b. National Film Preservation Board

(a) Number and appointment

(1) The Librarian shall establish in the Library of Congress a National Film Preservation Board to be comprised of up to 18 members, who shall be selected by the Librarian in accordance with the provisions of this section. Subject to subparagraphs (C) and (O), the Librarian shall request each organization listed in subparagraphs (A) through (P) to submit to the Librarian a list of not less than 3 candidates qualified to serve as a member of the Board. Except for the members-at-large appointed under paragraph (2), the Librarian shall appoint 1 member from each such list submitted by such organizations, and shall designate from that list an alternate who may attend those meetings to which the individual appointed to the Board cannot attend. The organizations are the following:

(A) The Academy of Motion Pictures Arts and Sciences.

(M) The Screen Actors Guild of America. (N) The National Association of Theater Owners.

(O) The American Society of Cinematographers and the International Photographers Guild, which shall jointly submit 1 list of candidates from which a member and alternate will be selected.

(P) The United States members of the International Federation of Film Archives.

(2) In addition to the Members appointed under paragraph (1), the Librarian shall appoint up to 2 members-at-large. The Librarian shall select the at-large members from names submitted by organizations in the film industry, creative artists, producers, film critics, film preservation organizations, academic institutions with film study programs, and others with knowledge of copyright law and of the importance, use, and dissemination of films. The Librarian shall, in selecting 1 such member-atlarge, give preference to individuals who are responsible for commercial film libraries. The Librarian shall also select from the names submitted under this paragraph an alternate for each member-at-large, who may attend those meetings to which the member-at-large cannot attend.

1

(d) Quorum

9 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.

(f) Meetings

The Board shall meet at least once each calendar year. Meetings shall be at the call of the Librarian.

1 So in original. Probably should not be capitalized.

Page 49

(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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 179, 179a, 179g, 179h, 1791, 179j, 179k of this title.

§ 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, 179g, 179h, 1791, 179j, 179k of this title.

§ 179d. 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.

(b) Additional materials

The Librarian shall endeavor to obtain, for educational and research purposes, additional

§ 179e

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 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 scholarly and research purposes.

(Pub. L. 102-307, title II, § 206, 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, 179g, 179h, 1791, 179j, 179k of this title.

§ 179e. Seal of National Film Registry

(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 examined 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.

(b) Effective date of seal

The use of the seal described in section 179a(b)(3) of this title shall be effective for each film after the Librarian publishes in the Federal Register the name of that film as selected for inclusion in the National Film Registry.

(Pub. L. 102-307, title II, § 207, June 26, 1992, 106 Stat. 271.)

TERMINATION OF SECTION

For termination of section, see section 179k of this title.