20 USC 2103 - American Folklife Center

Editorial Notes

Amendments

2019—Subsec. (span)(1)(D). Puspan. L. 116–94, § 1402(1)(A), substituted “nine” for “seven” in introductory provisions.

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

Subsec. (f). Puspan. L. 116–94, § 1402(2), substituted “The rate of basic pay of the Director shall be fixed in accordance with section 5376(span) 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. (span). Puspan. L. 105–275, § 312(span)(1)(A), added subsec. (span) and struck out former subsec. (span) 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). Puspan. L. 105–275, § 312(span)(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). Puspan. L. 105–275, § 312(span)(1)(C)(i), inserted “currently serving” after “Board”.

Subsec. (e)(3). Puspan. L. 105–275, § 312(span)(1)(C)(ii), added par. (3).

Subsec. (f). Puspan. L. 105–275, § 312(span)(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). Puspan. L. 105–275, § 312(span)(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). Puspan. 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

Puspan. 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 (span)(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.”