§ 2103. — American Folklife Center.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC2103]
TITLE 20--EDUCATION
CHAPTER 43--AMERICAN FOLKLIFE PRESERVATION
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 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 balance
(1) The Center shall be under the direction of a Board of Trustees.
The Board shall be composed 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 traditions and arts;
(B) 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;
(C) four members appointed by the Librarian of Congress from
among individuals who are widely recognized by virtue of their
scholarship, experience, creativity, or interest in American
folklife traditions and arts; and
(D) seven ex officio members including--
(i) the Librarian of Congress;
(ii) the Secretary of the Smithsonian Institution;
(iii) the Chairman of the National Endowment for the Arts;
(iv) the Chairman of the National Endowment for the
Humanities;
(v) the President of the American Folklore Society;
(vi) the President of the Society for Ethnomusicology; and
(vii) the Director of the Center.
(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 Congress shall give due
consideration to the appointment of individuals who collectively will
provide appropriate diversity and regional balance on the Board. Not
more than three of the members appointed 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.
(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 organizations 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) of this section 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) of this section 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 appointed shall be appointed
for the remainder of such term. Members appointed by the President under
clause (1) of subsection (b) of this section shall serve only during the
time they are officials of Federal departments and agencies concerned
with some aspect of American folklife traditions and arts.
(d) Reimbursement for expenses
Members of the Board shall serve without pay, but members who are
not regular full-time employees of the United States may, at the
discretion of the Librarian, be reimbursed for the actual and necessary
traveling and subsistence expenses incurred by them in the performance
of the duties of the Board.
(e) Chairman; Vice Chairman; election; vacancies; 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 Chairman 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 vacancy occurring in the chairmanship or vice-
chairmanship, the Board shall elect a member to fill the vacancy for the
remainder of the unexpired 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 fiscal year.
(f) Director; appointment and compensation
After consultation with the Board, the Librarian shall appoint the
Director of the Center. 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 Schedule under section 5315 of title 5.
(g) Duties of Director
The Director shall be the chief executive officer of the Center.
Subject to the direction of the Board and the general supervision of the
Librarian, 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, Sec. 4, Jan. 2, 1976, 89 Stat. 1130; Pub. L. 95-259,
Sec. 2, Apr. 17, 1978, 92 Stat. 196; Pub. L. 105-275, title III,
Sec. 312(b)(1), Oct. 21, 1998, 112 Stat. 2458.)
References in Text
The General Schedule, referred to in subsec. (f), is set out under
section 5332 of Title 5, Government Organization and Employees.
Amendments
1998--Subsec. (b). Pub. L. 105-275, Sec. 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 departments 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 appointed 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, Sec. 312(b)(1)(B), added subsec. (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 entitled, 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 expenses,
including per diem in lieu of subsistence, as authorized by section 5703
of title 5 for persons in Government service employed intermittently.''
Subsec. (e)(2). Pub. L. 105-275, Sec. 312(b)(1)(C)(i), inserted
``currently serving'' after ``Board''.
Subsec. (e)(3). Pub. L. 105-275, Sec. 312(b)(1)(C)(ii), added par.
(3).
Subsec. (f). Pub. L. 105-275, Sec. 312(b)(1)(D), added subsec. (f)
and struck out former subsec. (f) which read as follows: ``After
consultation with the Board, the Librarian 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, Sec. 312(b)(1)(E), struck out ``(1)''
before ``The Director'' and struck out par. (2) which read as follows:
``The Deputy Director shall perform such functions as the Director, with
the approval of the Librarian, may prescribe, and shall serve as Acting
Director during the absence or disability of the Director 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 departments and agencies concerned with some aspect
of American folklife traditions and arts.
Board of Trustees, Transition Period
Pub. L. 105-275, title III, Sec. 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 Librarian, one
shall serve for a term of 2 years, two for a term of 4 years, and one
for a term of 6 years.''
