20 U.S.C. § 2103 — American Folklife Center

Page 1045 TITLE 20—EDUCATION § 2103 passing legislation to reauthorize the Center eight times since its creation in 1976. ‘‘(E) The American Folklife Center is the only unit in the Library of Congress which is not permanently authorized. Since its establishment in 1976, the Cen- ter’s collections and activities have been fully and successfully integrated into the Library of Congress. It is useful to statutorily conform the American Folklife Center with the rest of the Library of Con- gress. ‘‘(2) PURPOSE.—It is the purpose of this section [amending sections 2103, 2106, and 2107 of this title and enacting provisions set out as a note under section 2103 of this title] to authorize permanently the American Folklife Center in the Library of Congress to preserve and present American Folklife.’’ § 2102. Definitions As used in this subchapter— (1) the term ‘‘American folklife’’ means the traditional expressive culture shared within the various groups in the United States: famil- ial, ethnic, occupational, religious, regional; expressive culture includes a wide range of creative and symbolic forms such as custom, belief, technical skill, language, literature, art, architecture, music, play, dance, drama, ritual, pageantry, handicraft; these expres- sions are mainly learned orally, by imitation, or in performance, and are generally main- tained without benefit of formal instruction or institutional direction; (2) the term ‘‘Board’’ means the Board of Trustees of the Center; (3) the term ‘‘Center’’ means the American Folklife Center established under this sub- chapter; (4) the term ‘‘group’’ includes any State or public agency or institution and any nonprofit society, institution, organization, association, or establishment in the United States; (5) the term ‘‘Librarian’’ means the Librar- ian of Congress; (6) the term ‘‘State’’ includes, in addition to the several States of the Union, the Common- wealth of Puerto Rico, the District of Colum- bia, Guam, American Samoa, and the Virgin Islands; and (7) the term ‘‘workshop’’ means an activity the primary purpose of which is to encourage the development of skills, appreciation, or en- joyment of American folklife among amateur, student, or nonprofessional participants, or to promote scholarship or teaching among the participants. (Pub. L. 94–201, § 3, Jan. 2, 1976, 89 Stat. 1129.) § 2103. American Folklife Center (a) Establishment There is hereby established in the Library of Congress an American Folklife Center. (b) Board of Trustees; composition; regional bal- ance (1) The Center shall be under the direction of a Board of Trustees. The Board shall be com- posed as follows: (A) four members appointed by the President from among individuals who are officials of Federal departments and agencies concerned with some aspect of American Folklife tradi- tions and arts; (B) four members appointed by the President pro tempore of the Senate from among indi- viduals from private life who are widely recog- nized by virtue of their scholarship, experi- ence, creativity, or interest in American Folklife traditions and arts, and four members appointed by the Speaker of the House of Rep- resentatives from among such individuals; (C) four members appointed by the Librarian of Congress from among individuals who are widely recognized by virtue of their scholar- ship, experience, creativity, or interest in American folklife traditions and arts; and (D) nine ex officio members including— (i) the Librarian of Congress; (ii) the Secretary of the Smithsonian In- stitution; (iii) the Chairman of the National Endow- ment for the Arts; (iv) the Chairman of the National Endow- ment for the Humanities; (v) the President of the American Folklore Society; (vi) the President of the Society for Ethnomusicology; (vii) the Director of the Center; (viii) the Secretary of Veterans Affairs; and (ix) the Director of the Institute of Mu- seum and Library Services. (2) In making appointments from private life under paragraph (1)(B) and (C), the President pro tempore of the Senate, the Speaker of the House of Representatives, and the Librarian of Con- gress shall give due consideration to the ap- pointment of individuals who collectively will provide appropriate diversity and regional bal- ance on the Board. Not more than three of the members appointed by the President pro tem- pore of the Senate or by the Speaker of the House of Representatives may be affiliated with the same political party. (3) In making appointments under paragraph (1)(C), the Librarian of Congress shall include at least two members who direct or are members of the boards of major American folklife organiza- tions other than the American Folklore Society and the Society for Ethnomusicology. (c) Term of office The term of office of each appointed member of the Board shall be six years; except that (1)(A) the members first appointed under clause (1) of subsection (b) shall serve as designated by the President, one for a term of two years, two for a term of four years, and one for a term of six years, and (B) the members first appointed under clause (2) of subsection (b) shall serve as jointly designated by the President pro tempore of the Senate and the Speaker of the House of Representatives, two for terms of two years, four for terms of four years, and two for terms of six years; and (2) any member appointed to fill a vacancy occurring prior to the expiration of the term to which his predecessor was ap- pointed shall be appointed for the remainder of such term. Members appointed by the President under clause (1) of subsection (b) shall serve only during the time they are officials of Fed- eral departments and agencies concerned with some aspect of American folklife traditions and arts. 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—