dreamproit/uscode huggingface dataset:
36 U.S.C. § 152403 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152403. Board of directors
(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.
(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.
(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.)
heading: References in Text
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.
heading: Amendments
text: 2008—Subsec. (b)(4). Pub. L. 110–336 struck out at end “An individual may not serve more than two consecutive terms.”
36 U.S.C. § 152404 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152404. Officers and employees
(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.
(Added Pub. L. 106–474, title II, § 201(a), Nov. 9, 2000, 114 Stat. 2093.)
heading: References in Text
text: The General Schedule, referred to in subsec. (d)(3), is set out under section 5332 of Title 5, Government Organization and Employees.
36 U.S.C. § 152405 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152405. Powers
(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 jurisdiction in which the principal office of the corporation is located, 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.
(Added Pub. L. 106–474, title II, § 201(a), Nov. 9, 2000, 114 Stat. 2093; amended Pub. L. 110–336, § 2(b)(3)(B), Oct. 2, 2008, 122 Stat. 3727.)
heading: Amendments
text: 2008—Subsec. (b). Pub. L. 110–336 substituted “jurisdiction in which the principal office of the corporation is located,” for “District of Columbia,” in introductory provisions.
36 U.S.C. § 152406 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152406. Principal office
The principal office of the corporation shall be in the District of Columbia or another place as determined by the Board of Directors. However, the corporation may conduct business throughout the States, territories, and possessions of the United States.
(Added Pub. L. 106–474, title II, § 201(a), Nov. 9, 2000, 114 Stat. 2094; amended Pub. L. 110–336, § 2(b)(3)(A), Oct. 2, 2008, 122 Stat. 3727.)
heading: Amendments
text: 2008—Pub. L. 110–336 substituted “District of Columbia or another place as determined by the Board of Directors” for “District of Columbia”.
36 U.S.C. § 152407 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152407. Provision and acceptance of support by Librarian of Congress
(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.
(Added Pub. L. 106–474, title II, § 201(a), Nov. 9, 2000, 114 Stat. 2094.)
36 U.S.C. § 152408 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152408. Service of process
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.
(Added Pub. L. 106–474, title II, § 201(a), Nov. 9, 2000, 114 Stat. 2094.)
36 U.S.C. § 152409 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152409. Civil action by Attorney General for equitable relief
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.
(Added Pub. L. 106–474, title II, § 201(a), Nov. 9, 2000, 114 Stat. 2094.)
36 U.S.C. § 152410 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152410. Immunity of United States Government
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.
(Added Pub. L. 106–474, title II, § 201(a), Nov. 9, 2000, 114 Stat. 2094.)
36 U.S.C. § 152411 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152411. Authorization of appropriations
(a) Authorization.—
There are authorized to be appropriated to the corporation for the first fiscal year beginning on or after the date of the enactment of this chapter and each succeeding fiscal year through fiscal year 2016 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.—
Amounts authorized under this section may not be used by the corporation for management and general or fundraising expenses as reported to the Internal Revenue Service as part of an annual information return required under the Internal Revenue Code of 1986.
(Added Pub. L. 106–474, title II, § 201(a), Nov. 9, 2000, 114 Stat. 2094; amended Pub. L. 110–336, § 2(b)(1)(A), (4), Oct. 2, 2008, 122 Stat. 3726, 3727.)
heading: References in Text
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.
The Internal Revenue Code of 1986, referred to in subsec. (b), is classified generally to Title 26, Internal Revenue Code.
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–336, § 2(b)(1)(A), substituted “for the first fiscal year beginning on or after the date of the enactment of this chapter and each succeeding fiscal year through fiscal year 2016” for “for each of the first 7 fiscal years beginning on or after the date of the enactment of this chapter”.
Subsec. (b). Pub. L. 110–336, § 2(b)(4), amended subsec. (b) generally. Prior to amendment, text read as follows: “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.”
heading: Effective Date of 2008 Amendment
text: Pub. L. 110–336, § 2(b)(1)(B), Oct. 2, 2008, 122 Stat. 3726, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of the National Recording Preservation Act of 2000 [Pub. L. 106–474].”
36 U.S.C. § 152412 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152412. Annual report
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.
(Added Pub. L. 106–474, title II, § 201(a), Nov. 9, 2000, 114 Stat. 2095.)
36 U.S.C. § 152501 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152501. Organization
(a) Federal Charter.—
National Safety Council (in this chapter, the “corporation”) is a federally chartered corporation.
(b) Perpetual Existence.—
Except as otherwise provided, the corporation has perpetual existence.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1415.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
152501
36:461.
Aug. 13, 1953, ch. 429, §§ 1, 2, 67 Stat. 569.
36:462.
This section is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary and executed words.
36 U.S.C. § 152502 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152502. Purposes
The purposes of the corporation are—
(1) to further, encourage, and promote methods and procedures leading to increased safety, protection, and health among employees, employers, and children in industries, on farms, in schools and colleges, in homes, on streets and highways, in recreation, and in other public and private places;
(2) to collect, correlate, publish, and disseminate educational and informative reports and all other data related to safety methods and procedures;
(3) to arouse and maintain the interest of the people of the United States and its territories and possessions in safety and accident prevention, and to encourage the adoption and institution of safety methods by all individuals, corporations, and other organizations;
(4) to organize, establish, and conduct programs, lectures, conferences, and other activities for the education of all individuals, corporations, and other organizations in safety methods and procedures;
(5) to organize and aid in organizing local safety chapters throughout the United States and its territories and possessions, and to provide organizational guidance and materials to promote the national safety;
(6) to cooperate with, enlist, and develop the cooperation of and among all individuals, corporations, and other organizations and agencies, public and private, engaged in, interested in, or in any manner connected with, any of these purposes; and
(7) to do any lawful acts necessary, useful, suitable, desirable, and proper for the furtherance and accomplishment of any of these purposes.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1415.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
152502
36:463.
Aug. 13, 1953, ch. 429, § 3, 67 Stat. 569.
Before clause (1), the word “object” is omitted as included in “purposes”.
In clause (2), the words “distribute” and “data” (the first time appearing) are omitted as unnecessary.
36 U.S.C. § 152503 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152503. Membership
(a) Eligibility.—
Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.
(b) Voting.—
Each member (except an honorary or sustaining member) has one vote on each matter submitted to a vote at a meeting of the members. The corporation may provide in its constitution and bylaws for additional voting rights based on dues paid.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1415.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
152503
36:466.
Aug. 13, 1953, ch. 429, § 6, 67 Stat. 571.
36 U.S.C. § 152504 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152504. Governing body
(a) Board of Directors.—
(1) The board of directors is the governing body of the corporation. Between meetings of the corporation, the board is responsible for the general policies and program of the corporation. Except as provided in subsection (c) of this section, the board is responsible for all funds of the corporation.
(2) The board shall consist of at least 15 directors. Their manner of selection (including the filling of vacancies) and term of office are as provided in the constitution and bylaws of the corporation.
(b) Officers.—
(1) The officers of the corporation are a chairman of the board of directors, a president, three or more vice presidents as provided in the constitution and bylaws, a secretary, a treasurer, and an executive vice president. Their duties are as provided in the constitution and bylaws.
(2) Except for the executive vice president, the officers shall be elected at the annual meeting of the corporation. The executive vice president shall be elected by the board of directors in the manner provided in the constitution and bylaws.
(c) Trustees.—
The corporation shall have at least 15 trustees. Their manner of selection and term of office are as provided in the constitution and bylaws. The trustees have full power and control over contributed funds that they raise.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1416.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
152504(a)
36:467.
Aug. 13, 1953, ch. 429, §§ 7–9, 67 Stat. 571.
152504(b)
36:468.
152504(c)
36:469.
In subsection (a), the text of 36:467(a) is omitted as obsolete. In paragraph (1), the word “funds” is substituted for “finance” for consistency in the revised title.
36 U.S.C. § 152506 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152506. Exclusive right to name, seals, emblems, and badges
The corporation and its subordinate divisions and regional, State, and local chapters have the exclusive right to use the name “National Safety Council”. The corporation has the exclusive right to use and to allow others to use seals, emblems, and badges the corporation adopts. This section does not affect any vested rights.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1417.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
152506
36:477.
Aug. 13, 1953, ch. 429, § 17, 67 Stat. 574.
The words “and such emblems, seals, and badges as have heretofore been used by the Illinois corporation referred to in section 478 of this title in carrying out its program” are omitted as unnecessary. The words “This section does not affect any vested rights” are substituted for “it being distinctly understood, however, that nothing in this chapter shall interfere or conflict with established or vested rights” to eliminate unnecessary words.
36 U.S.C. § 152507 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152507. Restrictions
(a) Stock and Dividends.—
The corporation may not issue stock or declare or pay a dividend.
(b) Political Activities.—
The corporation or a director, officer, or agent as such may not contribute to, support, or assist a political party or candidate for public office.
(c) Distribution of Income or Assets.—
The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member except on dissolution or final liquidation of the corporation. This subsection does not prevent the payment of compensation to an officer in an amount approved by the board of directors.
(d) Loans.—
The corporation may not make a loan to a director, officer, or employee. Directors who vote for or assent to making a loan to a director, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1417.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
152507(a)
36:473.
Aug. 13, 1953, ch. 429, §§ 10, 11, 13, 67 Stat. 572, 573.
152507(b)
36:471.
152507(c)
36:470(a).
152507(d)
36:470(b).
In subsection (a), the words “any shares of” are omitted as unnecessary.
In subsection (b), the word “public” is added for consistency in the revised title.
In subsection (c), the words “inure to the benefit of” are substituted for “inure to” for consistency in the revised title. The words “as provided in section 476 of this title” are omitted as unnecessary. The words “This subsection does not prevent” are substituted for “Nothing in this subsection, however, shall be construed to prevent” to eliminate unnecessary words. The words “board of directors” are substituted for “executive committee” because the source provisions for this chapter do not mention an executive committee and, under section 152504 of this title, the governing body of the corporation is the board of directors.
36 U.S.C. § 152508 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152508. Principal office
The principal office of the corporation shall be in Chicago, Illinois, or another place decided by the board of directors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1417.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
152508
36:465(a).
Aug. 13, 1953, ch. 429, § 5(a), 67 Stat. 570.
The word “various” is omitted as unnecessary.
36 U.S.C. § 152509 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152509. Records and inspection
(a) Records.—
The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and
(3) at its principal office, a record of the names and addresses of its members entitled to vote.
(b) Inspection.—
A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1417.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
152509
36:474.
Aug. 13, 1953, ch. 429, § 14, 67 Stat. 573.
In this section, the word “records” is substituted for “books and records” for consistency in the revised title and with other titles of the United States Code.
36 U.S.C. § 152510 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152510. Service of process
The corporation shall have a designated agent in the District of Columbia 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.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1417.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
152510
36:465(b).
Aug. 13, 1953, ch. 429, § 5(b), 67 Stat. 571.
The word “have” is substituted for “maintain” for consistency in the revised title. The words “at all times” are omitted as unnecessary. The words “to receive” are substituted for “authorized to accept”, and the words “is notice to or service on” are substituted for “shall be deemed notice or service upon”, for consistency in the revised title.
36 U.S.C. § 152511 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 152511. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within the scope of their authority.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1418.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
152511
36:472.
Aug. 13, 1953, ch. 429, § 12, 67 Stat. 573.