CHAPTER 1517 —NATIONAL FILM PRESERVATION FOUNDATION
§151701. Organization
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 151701(a) | 36:5701(a) (1st sentence). | Oct. 11, 1996, |
| 151701(b) | 36:5701(a) (last sentence). | |
| 151701(c) | 36:5703(a)(1). |
Subsection (a) is substituted for "There is established the National Film Preservation Foundation (hereafter in this chapter referred to as the 'Foundation')" for consistency in the revised title.
In subsection (c), the words "Except as otherwise provided" are added, and the word "existence" is substituted for "succession", for consistency in the revised title.
§151702. Purposes
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 film heritage held at the Library of Congress and other public and nonprofit archives throughout the United States and the repatriation of American films from foreign archives;
(2) further the goals of the Library of Congress and the National Film Preservation Board in connection with their activities under the National Film Preservation Act of 1996 (
(3) conduct activities, alone or in cooperation with other film related institutions and organizations, to further the preservation and public accessibility of films made in the United States, particularly films not protected by private interests, for the benefit of present and future generations of Americans.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 151702 | 36:5701(b). | Oct. 11, 1996, |
Editorial Notes
References in Text
The National Film Preservation Act of 1996, referred to in par. (2), is title I of
Amendments
2008—Par. (1).
§151703. Board of directors
(a)
(b)
(2)(A) The board consists of 12 directors.
(B) Each director must be a United States citizen.
(C) At least six directors must be knowledgeable or experienced in film production, distribution, preservation, or restoration, including two who are sitting members of the National Film Preservation Board. These six directors must, to the extent practicable, represent diverse points of view from the film community, including motion picture producers, creative artists, nonprofit and public archivists, historians, film critics, theater owners, and laboratory and university personnel.
(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. There shall be no limit to the number of terms to which any individual may be appointed.
(5) A vacancy on the board shall be filled within 120 days in the manner in which the original appointment was made.
(c)
(d)
(e)
(f)
(g)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 151703(a) | 36:5702(a) (1st sentence words before 1st comma). | Oct. 11, 1996, |
| 151703(b)(1) | 36:5702(a) (3d sentence), (b) (1st sentence). | |
| 151703(b)(2) | 36:5702(a) (1st sentence words after 1st comma, 2d sentence). | |
| 151703(b)(3) | 36:5702(a) (last sentence), (g)(2)(A) (last sentence related to board of directors). | |
| 151703(b)(4) | 36:5702(b) (2d, last sentences). | |
| 151703(b)(5) | 36:5702(b) (3d sentence). | |
| 151703(c)–(f) | 36:5702(c)–(f). | |
| 151703(g) | 36:5703(c)(5) (words after 2d comma). |
Subsection (a) is substituted for "The Foundation shall have a governing Board of Directors (hereafter in this title referred to as the 'Board')" for consistency in the revised title and to eliminate unnecessary words.
In subsection (b)(1), the words "(hereafter in this chapter referred to as the 'Librarian')" in 36:5702(a) are omitted as unnecessary. The words "Within 90 days after October 11, 1996" in 36:5702(b) are omitted as obsolete.
In subsection (b)(3), the words "is not an employee" are substituted for "nor . . . shall be construed to be employees" in 36:5702(g)(2)(A) (last sentence related to the board of directors), and the words "appointment to the board does not constitute appointment as an officer or employee" are substituted for "Appointment to the Board shall not constitute employment by, or the holding of an office of" in 36:5702(a), for clarity.
In subsection (d), the words "for the transaction of business" are omitted as unnecessary.
Editorial Notes
Amendments
2008—Subsec. (b)(5).
2005—Subsec. (b)(2)(A).
Subsec. (b)(4).
§151704. Officers and employees
(a)
(2) The Secretary must be knowledgeable and experienced in matters relating to—
(A) film preservation and restoration activities;
(B) financial management; and
(C) fundraising.
(b)
(c)
(d)
(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
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 151704(a) | 36:5702(g)(2)(B), (C). | Oct. 11, 1996, |
| 151704(b) | 36:5702(g)(1)(A). | |
| 151704(c) | 36:5702(g)(2)(A) (1st sentence). | |
| 151704(d) | 36:5702(g)(2)(A) (2d sentence, last sentence related to employees). |
In subsection (a)(1), the words "The first employee appointed shall be the Secretary of the Board" in 36:5702(g)(2)(B) are omitted as unnecessary. The words "executive director of the corporation" are substituted for "its executive director" in 36:5702(g)(2)(C)(i) for clarity.
In subsection (b), the words "the board of directors appoints, removes, and replaces officers of the corporation" are substituted for "The Board may complete the organization of the Foundation by . . . appointing, removing, and replacing officers" for clarity.
In subsection (d)(1), the words "are not employees" are substituted for "nor . . . shall be construed to be employees" in 36:5702(g)(2)(A) (last sentence related to employees) for clarity.
Editorial Notes
References in Text
The General Schedule, referred to in subsec. (d)(3), is set out under
§151705. Powers
(a)
(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)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 151705(a) | 36:5702(g)(1)(B), (C). | Oct. 11, 1996, |
| 36:5703(b). | ||
| 151705(b) | 36:5703(c)(1)–(4), (5) (words before 2d comma), (6), (7). | |
| 151705(c) | 36:5703(c) (last par.). |
Subsection (a)(1) is substituted for 36:5702(g)(1)(B) for consistency in the revised title. The words "consistent with the purposes of the Foundation and the provisions of this chapter" are omitted as unnecessary.
Subsection (a)(2) is substituted for 36:5703(b) for consistency in the revised title.
Subsection (a)(3) is substituted for 36:5702(g)(1)(C) for consistency in the revised title.
In subsection (b), before clause (1), the words "under
Editorial Notes
Amendments
2014—Subsec. (b).
2005—Subsec. (b).
§151706. 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 151706 | 36:5703(a)(2), (3). | Oct. 11, 1996, |
This section is substituted for the source provisions for consistency in the revised title.
Editorial Notes
Amendments
2005—
§151707. Provision and acceptance of support by Librarian of Congress
(a)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 151707(a) | 36:5704. | Oct. 11, 1996, |
| 151707(b) | 36:5705. |
In subsection (b), the words "chapters 33 and 51 and subchapter III of
§151708. 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 151708 | 36:5703(a)(4), (a) (last par.). | Oct. 11, 1996, |
The words "at all times" are omitted as unnecessary. The word "have" is substituted for "maintain", 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 as service upon or notice to", for consistency in the revised title.
§151709. 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
(2) refuses, fails, or neglects to carry out its obligations under this chapter or threatens to do so.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 151709 | 36:5706(c). | Oct. 11, 1996, |
Before clause (1), the words "bring a civil action" are substituted for "file a petition" for consistency in the revised title and with other titles of the United States Code. The words "appropriate equitable relief" are substituted for "such equitable relief as may be necessary or appropriate" to eliminate unnecessary words.
§151710. 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 151710 | 36:5707. | Oct. 11, 1996, |
§151711. Authorization of appropriations
(a)
(1)
(A) $530,000 for each of the fiscal years 2005 through 2009;
(B) $750,000 for each of the fiscal years 2010 through 2011; and
(C) $1,000,000 for each of the fiscal years 2012 through 2026.
(2)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 151711 | 36:5708. | Oct. 11, 1996, |
Editorial Notes
References in Text
The Internal Revenue Code of 1986, referred to in subsec. (b), is classified generally to Title 26, Internal Revenue Code.
Amendments
2016—Subsec. (a)(1)(C).
2008—Subsec. (a).
2005—
"(a)
"(b)
2004—Subsec. (a).
§151712. Annual report
As soon as practicable after the end of each fiscal year, the corporation shall submit a report to Congress on the activities of the corporation during the prior fiscal year, including a complete statement of its receipts, expenditures, and investments.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 151712 | 36:5706(b). | Oct. 11, 1996, |
The word "proceedings" is omitted for consistency in the revised title.