(8) rent office space in the District of Columbia; and

(9) make other necessary expenditures. (b) The Foundation shall submit to the President and to the Congress an annual report of its operations under this chapter. (Pub. L. 93-642, § 13, Jan. 4, 1975, 88 Stat. 2280.)

§ 2013. Authorization of appropriations.

There are authorized to be appropriated $30,000,000 to the fund. (Pub. L. 93-642, § 14, Jan. 4, 1975, 88 Stat. 2280.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2009 of this title.

(b) Items excluded.

(c) Former government employees.

2106. Administration; annual report. 2107. Authorization of appropriations.

§ 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 chapter to establish in the Library of Congress an American Folklife Center to preserve and present American folklife. (Pub. L. 94-201, § 2, Jan. 2, 1976, 89 Stat. 1129.)

SHORT TITLE

Section 1 of Pub. L. 94-201 provided: "That this Act [enacting this chapter] may be cited as the 'American Folklife Preservation Act'."

§ 2102. Definitions.

As used in this chapter

(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, pagentry, 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 chapter;

(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. (Pub. L. 94-201, § 3, Jan. 2, 1976, 89 Stat. 1129.) § 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 bal

ance.

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.

(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) of this section 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) of this section 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 precedessor was appointed shall be appointed for the remainder of such term.

(d) Compensation of Board members; travel expenses.

Members of the Board who are not regular fulltime 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.

(e) Chairman; Vice Chairman; election; vacancies; quorum.

(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 shall constitute a quorum.

(f) Director; Deputy Director; appointment and compensation.

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. (g) Duties of Director and Deputy Director.

(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. (Pub. L. 94-201, § 4, Jan. 2, 1976, 89 Stat. 1130.)

§ 2104. Functions of the Center.

(a) The 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 chapter 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, 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) The Librarian shall carry out his functions under this chapter through the Center. (Pub. L. 94201, § 5, Jan. 2, 1976, 89 Stat. 1131.)

REFERENCE IN TEXT

The National Foundation on the Arts and the Humanities Act of 1965, referred to in par. (a) (6), is classified to sections 951 et seq. of this title.

§ 2105. Limitations on contracts. (a) Time.

No payment shall be made pursuant to this chapter 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 excluded.

Assistance pursuant to this chapter shall not cover the cost of land acquisition, construction, building acquisitions, or acquisition of major equipment. (c) Former government employees.

No individual formerly in the employment of the Federal Government shall be eligible to receive any assistance pursuant to this chapter, or to serve as a trustee of the Center in the two-year period following the termination of such employment. (Pub. L. 94-201, § 6, Jan. 2, 1976, 89 Stat. 1132.)

§ 2106. Administration; annual report.

(a) In addition to any authority vested in it by other provisions of this chapter, 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 re

striction 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 chapter 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, but no individual so appointed shall receive compensation in excess of the rate received by the Deputy Director of the Center;

(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 chapter, 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 5 of Title 41; and

(8) make advances, progress, and other payments which the Board deems necessary under this chapter in conformity with the provisions of section 529 of Title 31.

(b) The 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 chapter, 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. (Pub. L. 94-201, § 7, Jan. 2, 1976, 89 Stat. 1133.)

§ 2107. Authorization of appropriations.

There are authorized to be appropriated to the Center to carry out the provisions of this chapter $133,500 for the fiscal year 1976 and for the period from July 1 through September 30, 1976, $295,000 for the fiscal year 1977, and $349,000 for the fiscal year 1978. (Pub. L. 94-201, § 8, Jan. 2, 1976, 89 Stat. 1134.)

Chap.

13. Drug Abuse Prevention and Control.............. 16. Drug Abuse Prevention and Treatment [New]

Sec.

801

1101

Chapter 4.-ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

§§ 101 to 105.

SECTIONS REFERRED TO IN OTHER SECTIONS These sections are referred to in title 16 section 1540.

§§ 111 to 114a-1.

SECTIONS REFERRED TO IN OTHER SECTIONS These sections are referred to in title 16 section 1540.

§ 114b. Cooperation with Western Hemisphere countries in animal disease control.

The Secretary of Agriculture is authorized to cooperate with the Governments of Mexico, Guatemala, El Salvador, Costa Rica, Honduras, Nicaragua, British Honduras, Panama, Colombia, and Canada in carrying out operations or measures to eradicate, suppress, or control, or to prevent or retard, any communicable disease of animals, including but not limited to foot-and-mouth disease, rinderpest, or screw-worm in such countries where he deems such action necessary to protect the livestock, poultry, and related industries of the United States. In performing the operations or measures authorized in sections 114b to 114d-1 of this title, the Governments of such countries shall be responsible for the authority necessary to carry out such operations or measures on all lands and properties therein and for such other facilities and means as in the discretion of the Secretary of Agriculture are necessary. The measure and character of cooperation carried out under said sections on the part of the United States and on the part of the Governments of such countries, including the expenditure or use of funds appropriated pursuant to said sections, shall be such as may be prescribed by the Secretary of Agriculture. Arrangements for the cooperation authorized by said sections shall be made through and in consultation with the Secretary of State. The authority contained in said sections is in addition to and not in substitution for the authority of existing law. (As amended Nov. 5, 1971, Pub. L. 92-152, § 1, 85 Stat. 418.)

AMENDMENTS

1971-Pub. L. 92-152 made the provisions applicable to and authorized cooperation of Secretary of Agriculture with Governments of Guatemala, El Salvador, Costa Rica, Honduras, Nicaragua, British Honduras, Panama, Columbia, and Canada, directed operations and measures to be taken against communicable diseases of animals, and included protection of poultry within its scope.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 114c, 114d-1, 129 of this title; title 16 section 1540.

Page 1717

§114c. Same; use of funds for purchase or hire of vehicles and airplanes, printing, and employment of personnel.

For purposes of sections 114b to 114d-1 and section 114a of this title, insofar as sections 114b to 114d-1 of this title relate to diseases which in the opinion of the Secretary constitute an emergency and threaten the livestock industry of the country, funds appropriated pursuant thereto may also be used for the purchase or hire of passenger motor vehicles and aircraft, for printing and binding without regard to section 501 of Title 44, for personal services in the District of Columbia and elsewhere without regard to the limitations contained in section 947(g) of Title 5, including the employment of civilian nationals of Mexico, Guatemala, El Salvador, Costa Rica, Honduras, Nicaragua, British Honduras, Panama, Columbia, and Canada, and for the construction and operation of research laboratories, quarantine stations and other buildings and facilities. (As amended Nov. 5, 1971, Pub. L. 92–152, § 2, 85 Stat. 419.)

REFERENCES IN TEXT

Reference to "section 501 of Title 44" was substituted for "section 11 of the Act of Mar. 1, 1919 (U.S.C., title 44, sec. 111)" on authority of section 2(b) of Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1305, section 1 of which enacted Title 44, Public Printing and Documents.

Section 947 (g) of title 5, referred to in the text, was repealed by act Sept. 12, 1950, ch. 946, title III, § 301 (85), 64 Stat. 843.

AMENDMENTS

1971-Pub. L. 92-152 provided for use of funds for employment of civilian nationals of Guatemala, El Salvador, Costa Rica, Honduras, Nicaragua, British Honduras, Panama, Columbia, and Canada.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 114b, 114d-1, 129 of this title; title 16 section 1540.

§ 114d-1. Cooperation with public and private organizations and individuals in control and eradication of foot-and-mouth disease, rinderpest, and screwwork.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 114b, 114c of this title; title 16 section 1540.

§§ 114d-2 to 114d-6. Repealed. Pub. L. 92-152, § 3, Nov. 5, 1971, 85 Stat. 419.

Sections, Pub. L. 90-388, §§ 1-5, July 6, 1968, 82 Stat. 294, provided for:

section 114d-2, cooperation with Central America in control and eradication of foot-and-mouth disease or rinderpest, now covered in section 114b of this title; section 114d-3, uses of funds, now covered in section 114c of this title;

section 114d-4, definition of governments of Central America, now listed in sections 114b and 114c of this title;

section 114d-5, cooperation with public and private organizations and individuals, now covered in section 114d-1 of this title; and

section 114d-6, authorization of appropriations, now covered in Appropriations note, set out under section 114b of this title.

§§ 114e to 128.

SECTION REFERRED TO IN OTHER SECTIONS

These sections are referred to in title 16 section 1540.

§ 129. Expenses for arrest and eradication of contagious or infectious diseases of animals; transfer of appropriations.

The Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as he may deem necessary, to be available only in emergencies for the arrest and eradication of foot-and-mouth disease, rinderpest, contagious pleuropneumonia, or other contagious or infectious diseases of animals, or European fowl pests and similar diseases in poultry, and for expenses in accordance with sections 114b and 114c of this title, and any unexpended balances of funds transferred for such emergency purposes in the fiscal year 1975 shall be merged with such transferred amounts. (Pub. L. 94-122, title I, § 101, Oct. 21, 1975, 89 Stat. 645.)

SIMILAR PROVISIONS

Section is from the Agriculture and Related Agencies Appropriation Act, 1976, Pub. L. 94-122. Similar provisions were contained in the following prior appropriations acts:

1974-Dec. 31, 1974, Pub. L. 93-563, title I, § 101, 88 Stat. 1824.

1973-Oct. 24, 1973, Pub. L. 93-135, title I, § 101, 87 Stat. 472.

1972-Aug. 22, 1972, Pub. L. 92-399, Title I, § 101, 86 Stat. 594.

1971-Aug. 10, 1971, Pub. L. 92-73, title I, § 101, 85 Stat. 185.

CHAPTER REFERRED TO IN D.C. CODE This chapter is referred to in section 22-3422 of the District of Columbia Code.

SUBCHAPTER II.-DEFINITIONS

§ 321. Definitions; generally.

For the purposes of this chapter

(q) The term "pesticide chemical" means any substance which, alone, in chemical combination or in formulation with one or more other substances, is "a pesticide" within the meaning of the Federal Insecticide, Fungicide, and Rodenticide Act as now in force or as hereafter amended, and which is used in the production, storage, or transportation of raw agricultural commodities.

(As amended Oct. 21, 1972, Pub. L. 92-516, § 3(3), 86 Stat. 998.)

REFERENCES IN TEXT

The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in the text, is classified to subchapter II (section 136 et seq.) of chapter 6 of Title 7, Agriculture.

AMENDMENTS

1972 Subsec. (q). Pub. L. 92-516 substituted reference to pesticide for reference to economic poison.

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-516 effective at the close of Oct. 21, 1972, except if regulations are necessary for the implementation of any provision that becomes effective on Oct. 21, 1972, and continuation in effect of subchapter I of chapter 6 of Title 7, and regulations thereunder, relating to the control of economic poisons, as in existence prior to Oct. 21, 1972, until superseded by provisions of Pub. L. 92-516 and regulations thereunder, see section 4 of Pub. L. 92-516, set out as a note under section 136 of Title 7, Agriculture.

SAVINGS PROVISIONS

Section 702 of Pub. L. 91-513, as amended by Pub. L. 93-481, § 2, Oct. 26, 1974, 88 Stat. 1455, provided that:

"(d) Notwithstanding subsection (a) of this section or section 1103 [of Pub. L. 91-513, set out as a note under section 174 of this title], section 4202 of title 18, United States Code, shall apply to any individual convicted under any of the laws repealed by this title or title III [Subchapter I or Subchapter II of Chapter 13 of this title] without regard to the terms of any sentence imposed on such individual under such law."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 346b, 352, 376, 802, 825 of this title; title 7 section 136; title 15 sections 1454, 1456, 1471, 2052; title 18 sections 842, 922.

SUBCHAPTER III.-PROHIBITED ACTS AND PENALTIES

§ 331. Prohibited acts.

The following acts and the causing thereof are prohibited:

(p) The failure to register in accordance with section 360 of this title, the failure to provide any information required by section 360 (j) of this title, or the failure to provide a notice required by section 360 (j) (2) of this title. (As amended Aug. 16, 1972, Pub. L. 92-387, § 4(e), 86 Stat. 562.)