USC Subchapter I

in effect

20 U.S.C. § 2101 Congressional declaration of findings and purpose

(a) The Congress hereby finds and declares—(1) that the diversity inherent in American folklife has contributed greatly to the cultural richness of the Nation and has fostered a sense of individuality and identity among the American people; (2) that the history of the United States effectively demonstrates that building a strong nation does not require the sacrifice of cultural differences; (3) that American folklife has a fundamental influence on the desires, beliefs, values, and character of the American people; (4) that it is appropriate and necessary for the Federal Government to support research and scholarship in American folklife in order to contribute to an understanding of the complex problems of the basic desires, beliefs, and values of the American people in both rural and urban areas; (5) that the encouragement and support of American folklife, while primarily a matter for private and local initiative, is also an appropriate matter of concern to the Federal Government; and (6) that it is in the interest of the general welfare of the Nation to preserve, support, revitalize, and disseminate American folklife traditions and arts. (b) It is therefore the purpose of this subchapter to establish in the Library of Congress an American Folklife Center to preserve and present American folklife.

20 U.S.C. § 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: familial, 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 expressions are mainly learned orally, by imitation, or in performance, and are generally maintained 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 subchapter; (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 Librarian of Congress; (6) the term “State” includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, 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 enjoyment of American folklife among amateur, student, or nonprofessional participants, or to promote scholarship or teaching among the participants.

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

(a) EstablishmentThere 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 officeThe 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 expensesMembers 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 compensationAfter 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 DirectorThe 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.

20 U.S.C. § 2104 Functions of Center

(a) Contracts; national archive and center for American folklife; loan of items in archive; procurement, display, etc., of items in archive; miscellaneous programsThe Librarian is authorized to—(1) enter into, in conformity with Federal procurement statutes and regulations, contracts with individuals and groups for programs for the—(A) initiation, encouragement, support, organization, and promotion of research, scholarship, and training in American folklife; (B) initiation, promotion, support, organization, and production of live performances, festivals, exhibits, and workshops related to American folklife; (C) purchase, receipt, production, arrangement for, and support of the production of exhibitions, displays, publications, and presentations (including presentations by still and motion picture films, and audio and visual magnetic tape recordings) which represent or illustrate some aspect of American folklife; and (D) purchase, production, arrangement for, and support of the production of exhibitions, projects, presentations, and materials specially designed for classroom use representing or illustrating some aspect of American folklife; (2) establish and maintain in conjunction with any Federal department, agency, or institution a national archive and center for American folklife; (3) procure, receive, purchase, and collect for preservation or retention in an appropriate archive creative works, exhibitions, presentations, objects, materials, artifacts, manuscripts, publications, and audio and visual records (including still and motion picture film records, audio and visual magnetic tape recordings, written records, and manuscripts) which represent or illustrate some aspect of American folklife; (4) loan, or otherwise make available, through Library of Congress procedures, any item in the archive established under this subchapter to any individual or group; (5) present, display, exhibit, disseminate, communicate, and broadcast to local, regional, State, or National audiences any exhibition, display, or presentation referred to in clause (3) of this section or any item in the archive established pursuant to clause (2) of this section, by making appropriate arrangements, including contracts with public, nonprofit, and private radio and television broadcasters, museums, educational institutions, and such other individuals and organizations, including corporations, as the Board deems appropriate; (6) loan, lease, or otherwise make available to public, private, and nonprofit educational institutions, and State arts councils established pursuant to the National Foundation on the Arts and the Humanities Act of 1965 [20 U.S.C. 951 et seq.], such exhibitions, programs, presentations, and material developed pursuant to clause (1)(D) of this subsection as the Board deems appropriate; and (7) develop and implement other appropriate programs to preserve, support, revitalize, and disseminate American folklife. (b) Functions carried out through CenterThe Librarian shall carry out his functions under this subchapter through the Center.

20 U.S.C. § 2105 Limitations on contracts

(a) TimeNo payment shall be made pursuant to this subchapter to carry out any research or training over a period in excess of two years, except that with the concurrence of at least two-thirds of the members of the Board of the Center such research or training may be carried out over a period of not to exceed five years. (b) Items excludedAssistance pursuant to this subchapter shall not cover the cost of land acquisition, construction, building acquisitions, or acquisition of major equipment. (c) Former Government employeesNo individual formerly in the employment of the Federal Government shall be eligible to receive any assistance pursuant to this subchapter, or to serve as a trustee of the Center in the two-year period following the termination of such employment.

20 U.S.C. § 2106 Administration

(a) Regulations; receipt of money and other property; compensation of personnel; services of experts and consultants; contracts; paymentsIn addition to any authority vested in it by other provisions of this subchapter, the Librarian of Congress, in carrying out the Center’s functions, is authorized to—(1) prescribe such regulations as he deems necessary; (2) receive money and other property donated, bequeathed, or devised, without condition or restriction other than that it be for the purposes of the Center and to use, sell, or otherwise dispose of such property for the purpose of carrying out its functions, without reference to Federal property disposal statutes; (3) in the discretion of the Board of Trustees, receive (and use, sell, or otherwise dispose of, in accordance with clause (2)) money and other property donated, bequeathed, or devised to the Center with a condition or restriction, including a condition that the Center use other funds of the Center for the purpose of the gift; (4) appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this subchapter in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates, except that the Librarian of Congress may appoint and fix the compensation of a reasonable number of personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates; (5) obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5; (6) accept and utilize the services of voluntary and noncompensated personnel and reimburse them for travel expenses, including per diem, as authorized by section 5703 of title 5; (7) enter into contracts to carry out the provisions of this subchapter, and such contracts may, with the concurrence of two-thirds of the members of the Board, be entered into without performance or other bonds and in conformity with section 6101 of title 41; and (8) make advances, progress, and other payments which the Board deems necessary under this subchapter in conformity with the provisions of section 3324(a) and (b) of title 31. (b) Annual report to CongressThe Director shall submit to the Librarian for inclusion in the annual report of the Library of Congress to the Congress an annual report of the operations of the Center under this subchapter, which shall include a detailed statement of all private and public funds received and expended by it, and such recommendations as the Center deems appropriate.

20 U.S.C. § 2107 Authorization of appropriations

There are authorized to be appropriated to the Center to carry out this subchapter such sums as may be necessary for each fiscal year.