### §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) nine 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;

(vii) the Director of the Center;

(viii) the Secretary of Veterans Affairs; and

(ix) the Director of the Institute of Museum 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 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) 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. 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.

#### (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 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 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, §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), substituted "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 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."

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 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, §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, §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 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, §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.

#### **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 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."