36 U.S.C. § 152403: Board of directors

Summary

Creates a 12-member board to run the corporation. The Librarian of Congress is an automatic nonvoting member and must appoint the directors within 90 days after enactment. Every director must be a U.S. citizen. At least 8 directors must know about sound recording work (production, distribution, preservation, or restoration), and two of those must already sit on the National Recording Preservation Board. Those 8 should, when possible, show different views from the sound recording community. Directors serve four-year terms. Vacancies are filled the same way the original appointment was made. Directors are not employees of the Library of Congress or the U.S. government. The Librarian names the first chair for a two-year term; after that the board’s bylaws control how the chair is chosen or removed. The bylaws also set the quorum size. The board meets for regular meetings when the Librarian calls them. Directors are not paid but can get travel costs and per diem under sections 5702 and 5703 of title 5. Directors are not personally liable except for gross negligence.

Title 36, §152403

Patriotic and National Observances, Source: USLM XML via OLRC

(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 12 directors.

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

(C)At least 8 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 8 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.

(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 section 5702 and 5703 of title 5.

(g)Liability of Directors.—

Directors are not personally liable, except for gross negligence.

Notes & Related Subsidiaries

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), substituted “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 consecutive terms.”

§152403 Board of Directors