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Title 2 — The Congress

Chapter 5 — Library of Congress

§ 179n. National Film Preservation Board

Statutory text

(a)

Number and appointment

(1)

Members

The Librarian shall establish in the Library of Congress a National Film Preservation Board to be comprised of 22 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 three candidates qualified to serve as a member of the Board. Except for the members-at-large appointed under subparagraph 1 (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 and Media Studies.

(F)

The American Film Institute.

(G)

The Department of Film, Television, and Digital Media of the School of Theater, Film and Television at the University of California, Los Angeles.

(H)

The Department of Cinema Studies 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)

Screen Actors Guild.

(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 three 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 5 members-at-large. The Librarian shall also select an alternate for each member 2 at-large, who may attend at Board expense those meetings which the member 2 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.

(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

12 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 receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5.

(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.

Footnotes

  1. 1 So in original. Probably should be “paragraph”.
  2. 2 So in original. Probably should be followed by a hyphen.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Film Preservation Act of 1996

    Pub. L. 104–285 title I § 104 · 110 Stat. 3377

    Enacted · 2 U.S.C. § 179n

    Pub. L. 104–285, title I, § 104, Oct. 11, 1996, 110 Stat. 3378

    Source evidence

    Code source credit
    Pub. L. 104–285, title I, § 104, Oct. 11, 1996, 110 Stat. 3378

    Enacted provision · exact public law section
    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 three 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 three 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 three 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 can-not 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. (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.

  2. National Film Preservation Act of 2005

    Pub. L. 109–9 § 302(b)(1) · 119 Stat. 218

    Substituted · 2 U.S.C. § 179n(a)(1)

    Pub. L. 109–9, § 302(b)(1), substituted “22” for “20” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 109–9, § 302(b)(1), substituted “22” for “20” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a)(1) by striking “20” and inserting “22”;

  3. National Film Preservation Act of 2005

    Pub. L. 109–9 § 302(b)(2) · 119 Stat. 218

    Substituted · 2 U.S.C. § 179n(a)(2)

    Pub. L. 109–9, § 302(b)(2), substituted “5” for “three”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 109–9, § 302(b)(2), substituted “5” for “three”.

    Enacted provision · exact public law section
    (2) in subsection (a)(2) by striking “three” and inserting “5”;

  4. National Film Preservation Act of 2005

    Pub. L. 109–9 § 302(b)(3) · 119 Stat. 218

    Substituted · 2 U.S.C. § 179n(d)

    Pub. L. 109–9, § 302(b)(3), substituted “12” for “11”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–9, § 302(b)(3), substituted “12” for “11”.

    Enacted provision · exact public law section
    (3) in subsection (d) by striking “11” and inserting “12”; and

  5. National Film Preservation Act of 2005

    Pub. L. 109–9 § 302(b)(4) · 119 Stat. 218

    1. Added · 2 U.S.C. § 179n(e)

      Pub. L. 109–9, § 302(b)(4), added subsec. (e)

    2. Struck · 2 U.S.C. § 179n(e)

      Pub. L. 109–9, § 302(b)(4), struck out heading and text of former subsec. (e). Text read as follows: “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.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 109–9, § 302(b)(4), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “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.”

    Enacted provision · exact public law section
    (4) by striking subsection (e) and inserting the following: “(e) Reimbursement of Expenses.— Members of the Board shall serve without pay, but may receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.” .

  6. Library of Congress Sound Recording and Film Preservation Programs Reauthorization Act of 2008

    Pub. L. 110–336 § 3(a)(3)(A) · 122 Stat. 3726

    Substituted · 2 U.S.C. § 179n(a)(1)(E)

    Pub. L. 110–336, § 3(a)(3)(A), substituted “Cinema and Media” for “Cinema”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(E). Pub. L. 110–336, § 3(a)(3)(A), substituted “Cinema and Media” for “Cinema”.

    Enacted provision · exact public law section
    (A) in subparagraph (E), by striking “Cinema” and inserting “Cinema and Media”;

  7. Library of Congress Sound Recording and Film Preservation Programs Reauthorization Act of 2008

    Pub. L. 110–336 § 3(a)(3)(B) · 122 Stat. 3726

    Substituted · 2 U.S.C. § 179n(a)(1)(G)

    Pub. L. 110–336, § 3(a)(3)(B), substituted “Department of Film, Television, and Digital Media” for “Department of Film and Television”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(G). Pub. L. 110–336, § 3(a)(3)(B), substituted “Department of Film, Television, and Digital Media” for “Department of Film and Television”.

    Enacted provision · exact public law section
    (B) in subparagraph (G), by striking “Department of Film and Television” and inserting “Department of Film, Television, and Digital Media”;

  8. Library of Congress Sound Recording and Film Preservation Programs Reauthorization Act of 2008

    Pub. L. 110–336 § 3(a)(3)(C) · 122 Stat. 3726

    Substituted · 2 U.S.C. § 179n(a)(1)(H)

    Pub. L. 110–336, § 3(a)(3)(C), substituted “Cinema Studies” for “Film and Television”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(H). Pub. L. 110–336, § 3(a)(3)(C), substituted “Cinema Studies” for “Film and Television”.

    Enacted provision · exact public law section
    (C) in subparagraph (H), by striking “Film and Television” and inserting “Cinema Studies”; and

  9. Library of Congress Sound Recording and Film Preservation Programs Reauthorization Act of 2008

    Pub. L. 110–336 § 3(a)(3)(D) · 122 Stat. 3726

    Amended · 2 U.S.C. § 179n(a)(1)(L)

    Pub. L. 110–336, § 3(a)(3)(D), amended subpar. (L) generally. Prior to amendment, subpar. (L) read as follows: “The Screen Actors Guild of America.”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(L). Pub. L. 110–336, § 3(a)(3)(D), amended subpar. (L) generally. Prior to amendment, subpar. (L) read as follows: “The Screen Actors Guild of America.”

    Enacted provision · exact public law section
    (D) by amending subparagraph (L) to read as follows: “(L) Screen Actors Guild.” .

10 of 10 references resolved to an enrolled provision

Editorial Notes

Amendments2005–2008 · 2 rounds

2008

Subsec. (a)(1)(E). Pub. L. 110–336, § 3(a)(3)(A), substituted “Cinema and Media” for “Cinema”.

Subsec. (a)(1)(G). Pub. L. 110–336, § 3(a)(3)(B), substituted “Department of Film, Television, and Digital Media” for “Department of Film and Television”.

Subsec. (a)(1)(H). Pub. L. 110–336, § 3(a)(3)(C), substituted “Cinema Studies” for “Film and Television”.

Subsec. (a)(1)(L). Pub. L. 110–336, § 3(a)(3)(D), amended subpar. (L) generally. Prior to amendment, subpar. (L) read as follows: “The Screen Actors Guild of America.”

2005

Subsec. (a)(1). Pub. L. 109–9, § 302(b)(1), substituted “22” for “20” in introductory provisions.

Subsec. (a)(2). Pub. L. 109–9, § 302(b)(2), substituted “5” for “three”.

Subsec. (d). Pub. L. 109–9, § 302(b)(3), substituted “12” for “11”.

Subsec. (e). Pub. L. 109–9, § 302(b)(4), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “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.”

Credits

1996–2008 · 3 acts
  1. 1996Pub. L. 104–285, title I, § 104, , 110 Stat. 3378
  2. 2005Pub. L. 109–9, title III, § 302(b), , 119 Stat. 225
  3. 2008Pub. L. 110–336, § 3(a)(3), , 122 Stat. 3727.
Show as published

(Pub. L. 104–285, title I, § 104, , 110 Stat. 3378; Pub. L. 109–9, title III, § 302(b), , 119 Stat. 225; Pub. L. 110–336, § 3(a)(3), , 122 Stat. 3727.)

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USLM identifier /us/usc/t2/s179n