20 U.S.C. § 2104 — Functions of Center

Page 1046 TITLE 20—EDUCATION § 2104 (d) Reimbursement for expenses Members of the Board shall serve without pay, but members who are not regular full-time em- ployees of the United States may, at the discre- tion of the Librarian, be reimbursed for the ac- tual and necessary traveling and subsistence ex- penses incurred by them in the performance of the duties of the Board. (e) Chairman; Vice Chairman; election; vacan- cies; quorum; annual meeting (1) The Librarian shall call the first meeting of the Board, at which the first order of business shall be the election of a Chairman and a Vice Chairman, who shall serve for a term of one year. Thereafter each Chairman and Vice Chair- man shall be elected for a term of two years. The Vice Chairman shall perform the duties of the Chairman in his absence. In case of a va- cancy occurring in the chairmanship or vice- chairmanship, the Board shall elect a member to fill the vacancy for the remainder of the unex- pired term. (2) A majority of the members of the Board currently serving shall constitute a quorum. (3) The Board shall meet at least once each fis- cal year. (f) Director; appointment and compensation After consultation with the Board, the Librar- ian shall appoint the Director of the Center. The rate of basic pay of the Director shall be fixed in accordance with section 5376(b) of title 5. (g) Duties of Director The Director shall be the chief executive offi- cer of the Center. Subject to the direction of the Board and the general supervision of the Librar- ian, the Director shall have responsibility for carrying out functions of the Center, and shall have authority over all personnel and activities of the Center. (Pub. L. 94–201, § 4, Jan. 2, 1976, 89 Stat. 1130; Pub. L. 95–259, § 2, Apr. 17, 1978, 92 Stat. 196; Pub. L. 105–275, title III, § 312(b)(1), Oct. 21, 1998, 112 Stat. 2458; Pub. L. 116–94, div. P, title XIV, § 1402, Dec. 20, 2019, 133 Stat. 3206.) Editorial Notes AMENDMENTS 2019—Subsec. (b)(1)(D). Pub. L. 116–94, § 1402(1)(A), sub- stituted ‘‘nine’’ for ‘‘seven’’ in introductory provisions. Subsec. (b)(1)(D)(viii), (ix). Pub. L. 116–94, § 1402(1)(B)–(D), added cls. (viii) and (ix). Subsec. (f). Pub. L. 116–94, § 1402(2), substituted ‘‘The rate of basic pay of the Director shall be fixed in ac- cordance with section 5376(b) of title 5.’’ for ‘‘The basic pay of the Director shall be at an annual rate that is not less than an amount equal to 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule nor more than an amount equal to the pay payable under level IV of the Executive Sched- ule under section 5315 of title 5.’’ 1998—Subsec. (b). Pub. L. 105–275, § 312(b)(1)(A), added subsec. (b) and struck out former subsec. (b) which read as follows: ‘‘The Center shall be under the direction of a Board of Trustees. The Board shall be composed as follows— ‘‘(1) four members appointed by the President from among individuals who are officials of Federal de- partments and agencies concerned with some aspect of American folklife traditions and arts; ‘‘(2) four members appointed by the President pro tempore of the Senate from among individuals from private life who are widely recognized by virtue of their scholarship, experience, creativity, or interest in American folklife traditions and arts, and four members appointed by the Speaker of the House of Representatives from among such individuals; ‘‘(3) the Librarian of Congress; ‘‘(4) the Secretary of the Smithsonian Institution; ‘‘(5) the Chairman of the National Endowment for the Arts; ‘‘(6) the Chairman of the National Endowment for the Humanities; and ‘‘(7) the Director of the Center. In making appointments from private life under clause 2, the President pro tempore of the Senate and the Speaker of the House of Representatives shall give due consideration to the appointment of individuals who collectively will provide appropriate regional balance on the Board. Not more than three of the members ap- pointed by the President pro tempore of the Senate or by the Speaker of the House of Representatives may be affiliated with the same political party.’’ Subsec. (d). Pub. L. 105–275, § 312(b)(1)(B), added sub- sec. (d) and struck out former subsec. (d) which read as follows: ‘‘Members of the Board who are not regular full-time employees of the United States shall be enti- tled, while serving on business of the Center, to receive compensation at rates fixed by the Librarian, but not exceeding $100 per diem, including traveltime; and while so serving away from their homes or regular places of business, they may be allowed travel ex- penses, including per diem in lieu of subsistence, as au- thorized by section 5703 of title 5 for persons in Govern- ment service employed intermittently.’’ Subsec. (e)(2). Pub. L. 105–275, § 312(b)(1)(C)(i), inserted ‘‘currently serving’’ after ‘‘Board’’. Subsec. (e)(3). Pub. L. 105–275, § 312(b)(1)(C)(ii), added par. (3). Subsec. (f). Pub. L. 105–275, § 312(b)(1)(D), added sub- sec. (f) and struck out former subsec. (f) which read as follows: ‘‘After consultation with the Board, the Li- brarian shall appoint the Director of the Center. The basic pay of the Director shall be at a per year rate not to exceed GS–18 of the General Schedule under section 5332 of title 5. The Librarian upon the recommendation of the Director shall appoint a Deputy Director of the Center. The basic pay of the Deputy Director shall be fixed at a rate not to exceed GS–16 of the General Schedule under section 5332 of such title.’’ Subsec. (g). Pub. L. 105–275, § 312(b)(1)(E), struck out ‘‘(1)’’ before ‘‘The Director’’ and struck out par. (2) which read as follows: ‘‘The Deputy Director shall per- form such functions as the Director, with the approval of the Librarian, may prescribe, and shall serve as Act- ing Director during the absence or disability of the Di- rector or in the event of a vacancy in the office of the Director.’’ 1978—Subsec. (c). Pub. L. 95–259 inserted provision limiting time of service of members appointed by the President to the time they are officials of Federal de- partments and agencies concerned with some aspect of American folklife traditions and arts. Statutory Notes and Related Subsidiaries BOARD OF TRUSTEES, TRANSITION PERIOD Pub. L. 105–275, title III, § 312(d), Oct. 21, 1998, 112 Stat. 2460, provided that: ‘‘The term of office of members of the Board of Trustees appointed by the Librarian of Congress under the amendments made by subsection (b)(1) [amending this section] shall be 6 years, except that of the four members first appointed by the Librar- ian, one shall serve for a term of 2 years, two for a term of 4 years, and one for a term of 6 years.’’ § 2104. Functions of Center (a) Contracts; national archive and center for American folklife; loan of items in archive; procurement, display, etc., of items in ar- chive; miscellaneous programs The Librarian is authorized to— Page 1047 TITLE 20—EDUCATION § 2106 (1) enter into, in conformity with Federal procurement statutes and regulations, con- tracts with individuals and groups for pro- grams for the— (A) initiation, encouragement, support, or- ganization, and promotion of research, scholarship, and training in American folklife; (B) initiation, promotion, support, organi- zation, and production of live performances, festivals, exhibits, and workshops related to American folklife; (C) purchase, receipt, production, arrange- ment for, and support of the production of exhibitions, displays, publications, and pres- entations (including presentations by still and motion picture films, and audio and vis- ual magnetic tape recordings) which rep- resent or illustrate some aspect of American folklife; and (D) purchase, production, arrangement for, and support of the production of exhibitions, projects, presentations, and materials spe- cially designed for classroom use rep- resenting or illustrating some aspect of American folklife; (2) establish and maintain in conjunction with any Federal department, agency, or insti- tution a national archive and center for Amer- ican folklife; (3) procure, receive, purchase, and collect for preservation or retention in an appropriate ar- chive creative works, exhibitions, presen- tations, objects, materials, artifacts, manu- scripts, publications, and audio and visual records (including still and motion picture film records, audio and visual magnetic tape recordings, written records, and manuscripts) which represent or illustrate some aspect of American folklife; (4) loan, or otherwise make available, through Library of Congress procedures, any item in the archive established under this sub- chapter to any individual or group; (5) present, display, exhibit, disseminate, communicate, and broadcast to local, re- gional, State, or National audiences any exhi- bition, display, or presentation referred to in clause (3) of this section or any item in the ar- chive established pursuant to clause (2) of this section, by making appropriate arrangements, including contracts with public, nonprofit, and private radio and television broadcasters, mu- seums, educational institutions, and such other individuals and organizations, including corporations, as the Board deems appropriate; (6) loan, lease, or otherwise make available to public, private, and nonprofit educational institutions, and State arts councils estab- lished pursuant to the National Foundation on the Arts and the Humanities Act of 1965 [20 U.S.C. 951 et seq.], such exhibitions, programs, presentations, and material developed pursu- ant to clause (1)(D) of this subsection as the Board deems appropriate; and (7) develop and implement other appropriate programs to preserve, support, revitalize, and disseminate American folklife. (b) Functions carried out through Center The Librarian shall carry out his functions under this subchapter through the Center. (Pub. L. 94–201, § 5, Jan. 2, 1976, 89 Stat. 1131.) Editorial Notes REFERENCES IN TEXT The National Foundation on the Arts and the Human- ities Act of 1965, referred to in subsec. (a)(6), is Pub. L. 89–209, Sept. 29, 1965, 79 Stat. 845, which is classified principally to subchapter I (§ 951 et seq.) of chapter 26 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 951 of this title and Tables. § 2105. Limitations on contracts (a) Time No payment shall be made pursuant to this subchapter to carry out any research or training over a period in excess of two years, except that with the concurrence of at least two-thirds of the members of the Board of the Center such re- search or training may be carried out over a pe- riod of not to exceed five years. (b) Items excluded Assistance pursuant to this subchapter shall not cover the cost of land acquisition, construc- tion, building acquisitions, or acquisition of major equipment. (c) Former Government employees No individual formerly in the employment of the Federal Government shall be eligible to re- ceive any assistance pursuant to this sub- chapter, or to serve as a trustee of the Center in the two-year period following the termination of such employment. (Pub. L. 94–201, § 6, Jan. 2, 1976, 89 Stat. 1132.) § 2106. Administration (a) Regulations; receipt of money and other property; compensation of personnel; serv- ices of experts and consultants; contracts; payments In addition to any authority vested in it by other provisions of this subchapter, the Librar- ian of Congress, in carrying out the Center’s functions, is authorized to— (1) prescribe such regulations as he deems necessary; (2) receive money and other property do- nated, bequeathed, or devised, without condi- tion or restriction other than that it be for the purposes of the Center and to use, sell, or oth- erwise dispose of such property for the purpose of carrying out its functions, without ref- erence to Federal property disposal statutes; (3) in the discretion of the Board of Trustees, receive (and use, sell, or otherwise dispose of, in accordance with clause (2)) money and other property donated, bequeathed, or de- vised to the Center with a condition or restric- tion, including a condition that the Center use other funds of the Center for the purpose of the gift; (4) appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this subchapter in accord- ance with the provisions of chapter 51 and sub- chapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates, except that the Librarian of Congress may ap-