36 U.S.C. § 152404 — Officers and employees

Page 241 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 152405 Board in connection with their activities under the National Recording Preservation Act of 2000. (Added Pub. L. 106–474, title II, § 201(a), Nov. 9, 2000, 114 Stat. 2092.) Editorial Notes REFERENCES IN TEXT The National Recording Preservation Act of 2000, re- ferred to in par. (2), is Pub. L. 106–474, Nov. 9, 2000, 114 Stat. 2085, which enacted this chapter and chapter 27 (§ 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. § 152403. Board of directors (a) GENERAL.—The board of directors is the governing body of the corporation. (b) MEMBERS AND APPOINTMENT.—(1) The Li- brarian of Congress (hereafter in this chapter re- ferred 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 direc- tors to the board in accordance with paragraph (2). (2)(A) The board consists of 12 directors. (B) Each director shall be a United States cit- izen. (C) At least 8 directors shall be knowledgeable or experienced in sound recording production, distribution, preservation, or restoration, in- cluding two who are sitting members of the Na- tional Recording Preservation Board. These 8 di- rectors shall, to the extent practicable, rep- resent diverse points of view from the sound re- cording community. (3) A director is not an employee of the Li- brary 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. (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 ap- pointed and removed in accordance with the by- laws of the corporation. (d) QUORUM.—The number of directors consti- tuting a quorum of the board shall be estab- lished 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 re- ceive 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. (Added Pub. L. 106–474, title II, § 201(a), Nov. 9, 2000, 114 Stat. 2092; amended Pub. L. 110–336, § 2(b)(2), Oct. 2, 2008, 122 Stat. 3727; Pub. L. 114–217, § 2(b)(2), July 29, 2016, 130 Stat. 840.) Editorial Notes 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. AMENDMENTS 2016—Subsec. (b)(2)(A). Pub. L. 114–217, § 2(b)(2)(A), substituted ‘‘12 directors’’ for ‘‘nine directors’’. Subsec. (b)(2)(C). Pub. L. 114–217, § 2(b)(2)(B), sub- stituted ‘‘8 directors’’ for ‘‘six directors’’ in two places. 2008—Subsec. (b)(4). Pub. L. 110–336 struck out at end ‘‘An individual may not serve more than two consecu- tive terms.’’ § 152404. Officers and employees (a) SECRETARY OF THE BOARD.—(1) The Librar- ian 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 res- toration activities; (B) financial management; and (C) fundraising. (b) APPOINTMENT OF OFFICERS.—Except as pro- vided in subsection (a) of this section, the board of directors appoints, removes, and replaces offi- cers of the corporation. (c) APPOINTMENT OF EMPLOYEES.—Except as provided in subsection (a) of this section, the Secretary appoints, removes, and replaces em- ployees of the corporation. (d) STATUS AND COMPENSATION OF EMPLOY- EES.—Employees of the corporation (including the Secretary)— (1) are not employees of the Library of Con- gress; (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, ex- cept 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. (Added Pub. L. 106–474, title II, § 201(a), Nov. 9, 2000, 114 Stat. 2093.) Editorial Notes REFERENCES IN TEXT The General Schedule, referred to in subsec. (d)(3), is set out under section 5332 of Title 5, Government Orga- nization and Employees. § 152405. Powers (a) GENERAL.—The corporation may— (1) adopt a constitution and bylaws; (2) adopt a seal which shall be judicially no- ticed; and (3) do any other act necessary to carry out this chapter. (b) POWERS AS TRUSTEE.—To carry out its pur- poses, the corporation has the usual powers of a corporation acting as a trustee in the jurisdic-