Page:United States Statutes at Large Volume 110 Part 5.djvu/310

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110 STAT. 3384 PUBLIC LAW 104-285—OCT. 11, 1996 (1) ORGANIZATION OF FOUNDATION. —The Board may complete the orgginization of the Foundation by— (A) appointing, removing, and replacing officers, except as provided for in paragraph (2)(B); (B) adopting a constitution and bylaws consistent with the purposes of the Foundation and the provisions of this title; and (C) undertaking such other acts as may be necessary to carry out the provisions of this title. (2) LIMITATION ON APPOINTMENT OF EMPLOYEES.— The following limitations apply with respect to the appointment of employees of the Foundation: (A) Except as provided in subparagraph (B), employees of the Foundation shall be appointed, removed, and replaced by the Secretary of the Board. All employees (including the Secretary of the Board) shall be appointed and removed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and OenersQ Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay in effect for grade GS-15 of the General Schedule. Neither the Board, nor any of the employees of the Foundation, including the Secretary of the Board, shall be construed to be employees of the Library of Congress. (B) The first employee appointed shall be the Secretary of the Board. The Secretary shall be appointed, and may be removed by, the Librarian. (C) The Secretary of the Board shall— (i) serve as its executive director, and (ii) be knowledgeable and experienced in matters relating to film preservation and restoration activities, financial management, and fund-raising. 36 USC 5703. SEC. 204. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. (a) GENERAL.— The Foundation^ (1) shall have perpetual succession; (2) may conduct business in the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States; (3) shall have its principal offices in the District of Columbia; and (4) shall at all times maintain a designated agent authorized to accept service of process for the Foundation. The serving of notice to, or service of process upon, the agent required under paragraph (4), or mailed to the business adchess of such agent, shall be deemed as service upon or notice to the Foundation. (b) SEAL. —The Foundation shall have an officied seal selected by the Board which shall be judicially noticed. (c) POWERS. —To carry out its purposes under section 202, the Foundation shall have, in addition to the powers otherwise given it under this title, the usual powers of a corporation acting as a trustee in the District of Columbia, including the power—