Pub. L. 105-275, tit. III, sec. 312

American Folklife Center.

EnactedYear: 1998Length: 1,104 wordsOfficial source
Sec. 312. American Folklife Center. (a) Findings and Purpose.— (1) Findings.— Congress makes the following findings: (A) The American Folklife Center in the Library of Congress was created by Congress in 1976, building on the vast expertise and archival material existing at the Library since 1928. (B) As an instrumentality of the Congress, it is fitting that the American Folklife Center should have a direct and close relationship with the representatives of the people, who are best able to oversee the ongoing activities of the Center to preserve and promote the cultural traditions of the people, and to ensure that the resources of the Center be readily available to all Americans. (C) In over 20 years since its creation, the American Folklife Center in the Library of Congress has— (i) increased the size of the Archive of Folk Culture from 500,000 to 1,500,000 multi-format ethnographic items; 112 STAT. 2458 (ii) engaged in 15 cultural surveys and field documentation projects in all regions of the country; (iii) provided publications, documentary equipment on loan, and advisory and reference service to persons and institutions in all 50 States; (iv) produced exhibitions and other educational programs on American Folklife at the Library and around the country; (v) begun sharing its unique collections in digital form via the Internet; and (vi) served as a national center for the professions of folklore, ethnomusicology, and cultural studies. (D) Congress has consistently provided encouragement and support of American Folklife as an appropriate matter of concern to the Federal Government, passing legislation to reauthorize the Center eight times since its creation in 1976. (E) The American Folklife Center is the only unit in the Library of Congress which is not permanently authorized. Since its establishment in 1976, the Center’s collections and activities have been fully and successfully integrated into the Library of Congress. It is useful to statutorily conform the American Folklife Center with the rest of the Library of Congress. (2) Purpose.— It is the purpose of this section to authorize permanently the American Folklife Center in the Library of Congress to preserve and present American Folklife. (b) Reauthorization and Amendment.— (1) Board of trustees; appointment and compensation of director; elimination of deputy director position.— Section 4 of the American Folklife Preservation Act (20 U.S.C. 2103) is amended— (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 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”. 112 STAT. 2459 “(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.”; (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.”; (C) in subsection (e)— (i) in paragraph (2), by inserting “currently serving” after “Board”; and (ii) by adding at the end the following: “(3) The Board shall meet at least once each fiscal year.”; (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 (E) in subsection (g)— (i) in paragraph (1), by striking the paragraph designation; and (ii) by striking paragraph (2). (2) Administrative provisions.— Section 7(a)(4) of the American Folklife Preservation Act (20 U.S.C. 2106(a)(4)) is amended by striking “, but no individual so appointed shall receive compensation in excess of the rate received by the Deputy Director of the Center”. (c) Permanent Authorization of Appropriations.— Section 8 of the American Folklife Preservation Act (20 U.S.C. 2107) is amended to read as follows: “SEC. 8. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated to the Center to carry out this Act such sums as may be necessary for each fiscal year.”. 112 STAT. 2460 (d) Board of Trustees, Transition Period.— 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) 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.
Pub. L. 105-275, tit. III, sec. 312: American Folklife Center. | Justis AI