§ 2103. American Folklife Center

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1976

   American Folklife Preservation Act

   Pub. L. 94–201 § 4 · 89 Stat. 1129

   Enacted · 20 U.S.C. § 2103

   Pub. L. 94–201, § 4, Jan. 2, 1976, 89 Stat. 1130

   Source evidence

   Code source credit
   Pub. L. 94–201, § 4, Jan. 2, 1976, 89 Stat. 1130

   Enacted provision · exact public law section
   Sec. 4. establishment of center (a) There is hereby established in the Library of Congress an American Folklife Center. (b) 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. Regional balance. 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. (c) 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 appointed shall be appointed for the remainder of such term. (d) Members of the Board who are not regular full-time employees of the United States shall be entitled, while serving on business or 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, United States Code, for persons in Government service employed intermittently. (e) (1) The Librarian shall call the first meeting of the Board, at Chairman. 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. There after 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 Vacancies. 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 shall constitute a Quorum. quorum. (f) After consultation with the Board, the Librarian shall appoint Director. 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, United States Code. The Librarian upon the 5 USC 5332 note. 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. (g) (1) 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. (2) 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.

2. 1978

   Pub. L. 95–259 § 2 · 92 Stat. 196

   Inserted · 20 U.S.C. § 2103(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 2. Section 4(c) of such Act (20 U.S.C. 2103(c)) is amended by adding at the end thereof the following new sentence: “Members appointed by the President under clause (1) of subsection (b) shall serve only during the time they are officials of Federal departments and agencies concerned with some aspect of American folklife traditions and arts.”

3. 1998

   Legislative Branch Appropriations Act, 1999

   Pub. L. 105–275 § 312(b)(1)(A) · 112 Stat. 2430

   1. Added · 20 U.S.C. § 2103(b)

      Pub. L. 105–275, § 312(b)(1)(A), added subsec. (b)

   2. Struck · 20 U.S.C. § 2103(b)

      Pub. L. 105–275, § 312(b)(1)(A), 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—

   Source evidence

   Code amendment note
   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 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.”

   Enacted provision · exact public law section
   (A) by striking subsection (b) and inserting the following: “(b) (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 President. 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; *Note: In the fifth line of Sec. 312(b)(1)(A), which begins “(A) four members . . .” the word “President” has been added after “the” and before “from”. “(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.”;

4. 1998

   Legislative Branch Appropriations Act, 1999

   Pub. L. 105–275 § 312(b)(1)(B) · 112 Stat. 2430

   1. Added · 20 U.S.C. § 2103(d)

      Pub. L. 105–275, § 312(b)(1)(B), added subsec. (d)

   2. Struck · 20 U.S.C. § 2103(d)

      Pub. L. 105–275, § 312(b)(1)(B), 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.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 105–275, § 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.”

   Enacted provision · exact public law section
   (B) by striking subsection (d) and inserting the following: “(d) 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.”;

5. 1998

   Legislative Branch Appropriations Act, 1999

   Pub. L. 105–275 § 312(b)(1)(C)(i) · 112 Stat. 2430

   Inserted · 20 U.S.C. § 2103(e)(2)

   Pub. L. 105–275, § 312(b)(1)(C)(i), inserted “currently serving” after “Board”

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 105–275, § 312(b)(1)(C)(i), inserted “currently serving” after “Board”.

   Enacted provision · exact public law section
   (i) in paragraph (2), by inserting “currently serving” after “Board”; and

6. 1998

   Legislative Branch Appropriations Act, 1999

   Pub. L. 105–275 § 312(b)(1)(C)(ii) · 112 Stat. 2430

   Added · 20 U.S.C. § 2103(e)(3)

   Pub. L. 105–275, § 312(b)(1)(C)(ii), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (e)(3). Pub. L. 105–275, § 312(b)(1)(C)(ii), added par. (3).

   Enacted provision · exact public law section
   (ii) by adding at the end the following: “(3) The Board shall meet at least once each fiscal year.”;

7. 1998

   Legislative Branch Appropriations Act, 1999

   Pub. L. 105–275 § 312(b)(1)(D) · 112 Stat. 2430

   1. Added · 20 U.S.C. § 2103(f)

      Pub. L. 105–275, § 312(b)(1)(D), added subsec. (f)

   2. Struck · 20 U.S.C. § 2103(f)

      Pub. L. 105–275, § 312(b)(1)(D), 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.”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 105–275, § 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.”

   Enacted provision · exact public law section
   (D) by striking subsection (f) and inserting the following: “(f) 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, United States Code.”; and

8. 1998

   Legislative Branch Appropriations Act, 1999

   Pub. L. 105–275 § 312(b)(1)(E) · 112 Stat. 2430

   1. Struck · 20 U.S.C. § 2103(g)

      Pub. L. 105–275, § 312(b)(1)(E), struck out “(1)” before “The Director”

   2. Struck · 20 U.S.C. § 2103(g)

      Pub. L. 105–275, § 312(b)(1)(E), 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.”

   Source evidence

   Code amendment note
   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 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.”

   Enacted provision · exact public law section
   (E) in subsection (g)— (i) in paragraph (1), by striking the paragraph designation; and (ii) by striking paragraph (2).

9. 2019

   Library of Congress Technical Corrections Act of 2019

   Pub. L. 116–94 § 1402(1)(A) · 133 Stat. 2534

   Substituted · 20 U.S.C. § 2103(b)(1)(D)

   Pub. L. 116–94, § 1402(1)(A), substituted “nine” for “seven” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(1)(D). Pub. L. 116–94, § 1402(1)(A), substituted “nine” for “seven” in introductory provisions.

   Enacted provision · exact public law section
   (A) in the matter preceding clause (i), by striking “seven” and inserting “nine”;

10. 2019

    Library of Congress Technical Corrections Act of 2019

    Pub. L. 116–94 § 1402(1)(B) · 133 Stat. 2534

    Added · 20 U.S.C. § 2103(b)(1)(D)(viii); 20 U.S.C. § 2103(b)(1)(D)(ix)

    Pub. L. 116–94, § 1402(1)(B)–(D), added cls. (viii) and (ix)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(D)(viii), (ix). Pub. L. 116–94, § 1402(1)(B)–(D), added cls. (viii) and (ix).

    Enacted provision · exact public law section
    (B) in clause (vi), by striking “and” after the semicolon;

11. 2019

    Library of Congress Technical Corrections Act of 2019

    Pub. L. 116–94 § 1402(2) · 133 Stat. 2534

    Substituted · 20 U.S.C. § 2103(f)

    Pub. L. 116–94, § 1402(2), substituted “The rate of basic pay of the Director shall be fixed in accordance 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 Schedule under section 5315 of title 5.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 116–94, § 1402(2), substituted “The rate of basic pay of the Director shall be fixed in accordance 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 Schedule under section 5315 of title 5.”

    Enacted provision · exact public law section
    (2) in subsection (f), by striking the second sentence and inserting the following: “The rate of basic pay of the Director shall be fixed in accordance with section 5376(b) of title 5, United States Code.”.

15 of 15 references resolved to an enrolled provision