US (United States) Code. Title 36. Subtitle II. Part B. Chapter 1524: National recording preservation foundation

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Patriotic and national observances, ceremonies, and organizations

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-CITE-

36 USC CHAPTER 1524 - NATIONAL RECORDING PRESERVATION

FOUNDATION 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1524 - NATIONAL RECORDING PRESERVATION FOUNDATION

-HEAD-

CHAPTER 1524 - NATIONAL RECORDING PRESERVATION FOUNDATION

-MISC1-

Sec.

152401. Organization.

152402. Purposes.

152403. Board of directors.

152404. Officers and employees.

152405. Powers.

152406. Principal office.

152407. Provision and acceptance of support by Librarian of

Congress.

152408. Service of process.

152409. Civil action by Attorney General for equitable relief.

152410. Immunity of United States Government.

152411. Authorization of appropriations.

152412. Annual report.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 2 section 1704.

-End-

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36 USC Sec. 152401 01/06/03

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TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1524 - NATIONAL RECORDING PRESERVATION FOUNDATION

-HEAD-

Sec. 152401. Organization

-STATUTE-

(a) Federal Charter. - The National Recording Preservation

Foundation (in this chapter, the "corporation") is a federally

chartered corporation.

(b) Nature of Corporation. - The corporation is a charitable and

nonprofit corporation and is not an agency or establishment of the

United States Government.

(c) Perpetual Existence. - Except as otherwise provided, the

corporation has perpetual existence.

-SOURCE-

(Added Pub. L. 106-474, title II, Sec. 201(a), Nov. 9, 2000, 114

Stat. 2091.)

-End-

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36 USC Sec. 152402 01/06/03

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TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1524 - NATIONAL RECORDING PRESERVATION FOUNDATION

-HEAD-

Sec. 152402. Purposes

-STATUTE-

The purposes of the corporation are to -

(1) encourage, accept, and administer private gifts to promote

and ensure the preservation and public accessibility of the

nation's sound recording heritage held at the Library of Congress

and other public and nonprofit archives throughout the United

States; and

(2) further the goals of the Library of Congress and the

National Recording Preservation Board in connection with their

activities under the National Recording Preservation Act of 2000.

-SOURCE-

(Added Pub. L. 106-474, title II, Sec. 201(a), Nov. 9, 2000, 114

Stat. 2092.)

-REFTEXT-

REFERENCES IN TEXT

The National Recording Preservation Act of 2000, referred to in

par. (2), is Pub. L. 106-474, Nov. 9, 2000, 114 Stat. 2085, which

enacted this chapter and chapter 27 (Sec. 1701 et seq.) of Title 2,

The Congress. For complete classification of this Act to the Code,

see Short Title note set out under section 1701 of Title 2 and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 152409 of this title.

-End-

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36 USC Sec. 152403 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1524 - NATIONAL RECORDING PRESERVATION FOUNDATION

-HEAD-

Sec. 152403. Board of directors

-STATUTE-

(a) General. - The board of directors is the governing body of

the corporation.

(b) Members and Appointment. - (1) The Librarian of Congress

(hereafter in this chapter referred to as the "Librarian") is an ex

officio nonvoting member of the board. Not later than 90 days after

the date of the enactment of this chapter, the Librarian shall

appoint the directors to the board in accordance with paragraph

(2).

(2)(A) The board consists of nine directors.

(B) Each director shall be a United States citizen.

(C) At least six directors shall be knowledgeable or experienced

in sound recording production, distribution, preservation, or

restoration, including two who are sitting members of the National

Recording Preservation Board. These six directors shall, to the

extent practicable, represent diverse points of view from the sound

recording community.

(3) A director is not an employee of the Library of Congress and

appointment to the board does not constitute appointment as an

officer or employee of the United States Government for the purpose

of any law of the United States.

(4) The terms of office of the directors are 4 years. An

individual may not serve more than two consecutive terms.

(5) A vacancy on the board shall be filled in the manner in which

the original appointment was made.

(c) Chair. - The Librarian shall appoint one of the directors as

the initial chair of the board for a 2-year term. Thereafter, the

chair shall be appointed and removed in accordance with the bylaws

of the corporation.

(d) Quorum. - The number of directors constituting a quorum of

the board shall be established under the bylaws of the corporation.

(e) Meetings. - The board shall meet at the call of the Librarian

for regularly scheduled meetings.

(f) Reimbursement of Expenses. - Directors shall serve without

compensation but may receive travel expenses, including per diem in

lieu of subsistence, in accordance with sections 5702 and 5703 of

title 5.

(g) Liability of Directors. - Directors are not personally

liable, except for gross negligence.

-SOURCE-

(Added Pub. L. 106-474, title II, Sec. 201(a), Nov. 9, 2000, 114

Stat. 2092.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this chapter, referred to in subsec.

(b), is the date of enactment of Pub. L. 106-474, which was

approved Nov. 9, 2000.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 152407 of this title;

title 2 section 1725.

-End-

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36 USC Sec. 152404 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1524 - NATIONAL RECORDING PRESERVATION FOUNDATION

-HEAD-

Sec. 152404. Officers and employees

-STATUTE-

(a) Secretary of the Board. - (1) The Librarian shall appoint a

Secretary of the Board to serve as executive director of the

corporation. The Librarian may remove the Secretary.

(2) The Secretary shall be knowledgeable and experienced in

matters relating to -

(A) sound recording preservation and restoration activities;

(B) financial management; and

(C) fundraising.

(b) Appointment of Officers. - Except as provided in subsection

(a) of this section, the board of directors appoints, removes, and

replaces officers of the corporation.

(c) Appointment of Employees. - Except as provided in subsection

(a) of this section, the Secretary appoints, removes, and replaces

employees of the corporation.

(d) Status and Compensation of Employees. - Employees of the

corporation (including the Secretary) -

(1) are not employees of the Library of Congress;

(2) shall be appointed and removed without regard to the

provisions of title 5 governing appointments in the competitive

service; and

(3) may be paid without regard to chapter 51 and subchapter III

of chapter 53 of title 5, except that an employee may not be paid

more than the annual rate of basic pay for level 15 of the

General Schedule under section 5107 of title 5.

-SOURCE-

(Added Pub. L. 106-474, title II, Sec. 201(a), Nov. 9, 2000, 114

Stat. 2093.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (d)(2), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

The General Schedule, referred to in subsec. (d)(3), is set out

under section 5332 of Title 5, Government Organization and

Employees.

-End-

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36 USC Sec. 152405 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1524 - NATIONAL RECORDING PRESERVATION FOUNDATION

-HEAD-

Sec. 152405. Powers

-STATUTE-

(a) General. - The corporation may -

(1) adopt a constitution and bylaws;

(2) adopt a seal which shall be judicially noticed; and

(3) do any other act necessary to carry out this chapter.

(b) Powers as Trustee. - To carry out its purposes, the

corporation has 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

property or any income from or other interest in property;

(2) to acquire property or an interest in property by purchase

or exchange;

(3) unless otherwise required by an instrument of transfer, to

sell, donate, lease, invest, or otherwise dispose of any property

or income from property;

(4) to borrow money and issue instruments of indebtedness;

(5) to make contracts and other arrangements with public

agencies and private organizations and persons and to make

payments necessary to carry out its functions;

(6) to sue and be sued; and

(7) to do any other act necessary and proper to carry out the

purposes of the corporation.

(c) Encumbered or Restricted Gifts. - A gift, devise, or bequest

may be accepted by the corporation even though it is encumbered,

restricted, or subject to beneficial interests of private persons,

if any current or future interest is for the benefit of the

corporation.

-SOURCE-

(Added Pub. L. 106-474, title II, Sec. 201(a), Nov. 9, 2000, 114

Stat. 2093.)

-End-

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36 USC Sec. 152406 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1524 - NATIONAL RECORDING PRESERVATION FOUNDATION

-HEAD-

Sec. 152406. Principal office

-STATUTE-

The principal office of the corporation shall be in the District

of Columbia. However, the corporation may conduct business

throughout the States, territories, and possessions of the United

States.

-SOURCE-

(Added Pub. L. 106-474, title II, Sec. 201(a), Nov. 9, 2000, 114

Stat. 2094.)

-End-

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36 USC Sec. 152407 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1524 - NATIONAL RECORDING PRESERVATION FOUNDATION

-HEAD-

Sec. 152407. Provision and acceptance of support by Librarian of

Congress

-STATUTE-

(a) Provision by Librarian. - (1) The Librarian may provide

personnel, facilities, and other administrative services to the

corporation. Administrative services may include reimbursement of

expenses under section 152403(f).

(2) The corporation shall reimburse the Librarian for support

provided under paragraph (1) of this subsection. Amounts reimbursed

shall be deposited in the Treasury to the credit of the

appropriations then current and chargeable for the cost of

providing the support.

(b) Acceptance by Librarian. - The Librarian may accept, without

regard to chapters 33 and 51 and subchapter III of chapter 53 of

title 5 and related regulations, the services of the corporation

and its directors, officers, and employees as volunteers in

performing functions authorized under this chapter, without

compensation from the Library of Congress.

-SOURCE-

(Added Pub. L. 106-474, title II, Sec. 201(a), Nov. 9, 2000, 114

Stat. 2094.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 152411 of this title.

-End-

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36 USC Sec. 152408 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1524 - NATIONAL RECORDING PRESERVATION FOUNDATION

-HEAD-

Sec. 152408. Service of process

-STATUTE-

The corporation shall have a designated agent to receive service

of process for the corporation. Notice to or service on the agent,

or mailed to the business address of the agent, is notice to or

service on the corporation.

-SOURCE-

(Added Pub. L. 106-474, title II, Sec. 201(a), Nov. 9, 2000, 114

Stat. 2094.)

-End-

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36 USC Sec. 152409 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1524 - NATIONAL RECORDING PRESERVATION FOUNDATION

-HEAD-

Sec. 152409. Civil action by Attorney General for equitable relief

-STATUTE-

The Attorney General may bring a civil action in the United

States District Court for the District of Columbia for appropriate

equitable relief if the corporation -

(1) engages or threatens to engage in any act, practice, or

policy that is inconsistent with the purposes in section 152402

of this title; or

(2) refuses, fails, or neglects to carry out its obligations

under this chapter or threatens to do so.

-SOURCE-

(Added Pub. L. 106-474, title II, Sec. 201(a), Nov. 9, 2000, 114

Stat. 2094.)

-End-

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36 USC Sec. 152410 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1524 - NATIONAL RECORDING PRESERVATION FOUNDATION

-HEAD-

Sec. 152410. Immunity of United States Government

-STATUTE-

The United States Government is not liable for any debts,

defaults, acts, or omissions of the corporation. The full faith and

credit of the Government does not extend to any obligation of the

corporation.

-SOURCE-

(Added Pub. L. 106-474, title II, Sec. 201(a), Nov. 9, 2000, 114

Stat. 2094.)

-End-

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36 USC Sec. 152411 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1524 - NATIONAL RECORDING PRESERVATION FOUNDATION

-HEAD-

Sec. 152411. Authorization of appropriations

-STATUTE-

(a) Authorization. - There are authorized to be appropriated to

the corporation for each of the first 7 fiscal years beginning on

or after the date of the enactment of this chapter an amount not to

exceed the amount of private contributions (whether in currency,

services, or property) made to the corporation by private persons

and State and local governments.

(b) Limitation Related to Administrative Expenses. - Except as

permitted under section 152407, amounts authorized under this

section may not be used by the corporation for administrative

expenses of the corporation, including salaries, travel,

transportation, and overhead expenses.

-SOURCE-

(Added Pub. L. 106-474, title II, Sec. 201(a), Nov. 9, 2000, 114

Stat. 2094.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this chapter, referred to in subsec.

(a), is the date of enactment of Pub. L. 106-474, which was

approved Nov. 9, 2000.

-End-

-CITE-

36 USC Sec. 152412 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1524 - NATIONAL RECORDING PRESERVATION FOUNDATION

-HEAD-

Sec. 152412. Annual report

-STATUTE-

As soon as practicable after the end of each fiscal year, the

corporation shall submit a report to the Librarian for transmission

to Congress on the activities of the corporation during the prior

fiscal year, including a complete statement of its receipts,

expenditures, and investments.

-SOURCE-

(Added Pub. L. 106-474, title II, Sec. 201(a), Nov. 9, 2000, 114

Stat. 2095.)

-End-