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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.

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.".

(d) Development of standards

The Librarian shall develop standards or guidelines by which to assess the preservation or restoration of films that will qualify films for use of the seal under this section.

(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.

(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 not less than 3 candidates, and a representative from 1 such organization shall be selected as the member and a representative from the other such 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 National Association of Broadcasters.

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

(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.

(b) Chairperson

The Librarian shall appoint 1 member of the Board to serve as Chairperson.

(c) Term of office

(1) The term of each member of the Board shall be 3 years, except that there shall be no limit to the number of terms that any individual member may serve.

(2) A vacancy in the Board shall be filled in the manner in which the original appointment was made under subsection (a) of this section, 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 only for the remainder of such term. (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.

(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

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.

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

§ 179f. Remedies

(a) Jurisdiction

The several district courts of the United States shall have jurisdiction, for cause shown, to prevent and restrain violations of section 179e(a) of this title.

(b) Relief

(1) Except as provided in paragraph (2), relief for a violation of section 179e(a) of this title shall be limited to the removal of the seal of the National Film Registry from the film involved in the violation.

(2) In the case of a pattern or practice of the willful violation of section 179e(a) of this title, the United States district courts may order a civil fine of not more than $10,000 and appropriate injunctive relief.

(Pub. L. 102-307, title II, § 208, June 26, 1992, 106 Stat. 271.)

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.

§ 179g. Limitations of remedies

The remedies provided in section 179f of this title shall be the exclusive remedies under sections 179 to 179k of this title, or any other Federal or State law, regarding the use of the seal described in section 179a(b)(3) of this title. (Pub. L. 102-307, title II, § 209, June 26, 1992, 106 Stat. 271.)

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, 179h, 179i, 179j, 179k of this title.

§ 179h. 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 sections 179 to 179k of this title.

(b) Experts and consultants

The Librarian may, in carrying out sections 179 to 179k of this title, procure temporary and intermittent services under section 3109(b) of title 5, 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 be paid as an expert or consultant under such section.

(Pub. L. 102-307, title II, § 210, June 26, 1992, 106 Stat. 271.)

TERMINATION OF SECTION

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

REFERENCES IN TEXT

The General Schedule, referred to in subsec. (b), is set out under section 5332 of Title 5, Government Organization and Employees.

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

§ 1791. Definitions

As used in sections 179 to 179k of 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, except that such term does not include any work not originally fixed on film stock, such as a work fixed on videotape or laser disks;

(4) the term "publication" means "publication" as defined in section 101 of title 17; and

(5) the term "Registry version" means, with respect to a film, the version of the film first published, or as complete a version as the 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.

(Pub. L. 102-307, title II, § 211, June 26, 1992, 106 Stat. 271.)

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, 179j, 179k of this title.

§ 179j. Authorization of appropriations

There are authorized to be appropriated to the Librarian such sums as are necessary to carry out the provisions of sections 179 to 179k of this title, but in no fiscal year shall such sum exceed $250,000.

(Pub. L. 102-307, title II, § 212, June 26, 1992, 106 Stat. 272.)

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, 179k of this title.

§ 179k. Effective date

The provisions of sections 179 to 179k of this title shall be effective for four years beginning on June 26, 1992. The provisions of sections 179 to 179k 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, except that any film so selected under such Act shall be deemed to have been selected for the National Film Registry under sections 179 to 179k of this title.

(Pub. L. 102-307, title II, § 213, June 26, 1992, 106 Stat. 272.)

REFERENCES IN TEXT

The National Film Preservation Act of 1988, referred to in text, is Pub. L. 100-446, title I, §§ 1-13, Sept. 27, 1988, 102 Stat. 1782-1788, which was classified to sections 178 to 1781 of this title and was repealed by Pub. L. 102-307, title II, § 214, June 26, 1992, 106 Stat. 272.

SECTION REFERRED TO IN OTHER SECTIONS

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

CHAPTER 6-CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

§ 192. Refusal of witness to testify or produce papers SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 194 of this title; title 18 section 3401.

§ 194. Certification of failure to testify or produce; grand jury action

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 288d, 288g of this title.

CHAPTER 8A-REGULATION OF LOBBYING

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 352 of this title. CHAPTER 9D-OFFICE OF SENATE LEGAL COUNSEL

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 1203 of this title.

CHAPTER 10-CLASSIFICATION OF EMPLOYEES OF HOUSE OF REPRESENTATIVES

§ 292. Positions affected

TRANSFER OF FUNCTIONS; ABOLITION OF OFFICE OF

POSTMASTER

Certain functions of Recording Studio and Officers of House of Representatives transferred to Director of Non-legislative and Financial Services and Office of Postmaster abolished by sections 2 and 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992.

§ 293. Compensation schedules

TRANSFER OF FUNCTIONS; ABOLITION OF OFFICE OF

POSTMASTER

Certain functions of Officers of House of Representatives transferred to Director of Non-legislative and Financial Services and Office of Postmaster abolished by sections 2 and 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992.

8294. Position standards and descriptions

TRANSFER OF FUNCTIONS; ABOLITION OF OFFICE OF

POSTMASTER

Certain functions of Officers of House of Representatives transferred to Director of Non-legislative and

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