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1976/01/02 HR6673 American Folklife Preservation Act
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1976/01/02 HR6673 American Folklife Preservation Act
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The original documents are located in Box 38, folder "1/2/76 HR6673 American Folklife
Preservation Act" of the White House Records Office: Legislation Case Files at the Gerald
R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 38 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
signed
APPROVED
1/2/76
ACTION
THE WHITE HOUSE
WASHINGTON
Last Day: January 2
statement 176
January 2, 1975
issued
Poster 1/3/76
MEMORANDUM FOR
THE PRESIDENT
OARSHIVES
FROM:
JIM CANNO
1/5/76
SUBJECT:
H.R. 6673 - American Folklife
Preservation Act
Attached for your consideration is H.R. 6673, sponsored
by Representative Nedzi and five others, which would
establish in the Library of Congress an American Folklife
Center to preserve and present American folklife.
A discussion of the provisions of the enrolled bill is
provided in OMB's enrolled bill report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Lazarus) and
I recommend approval of the enrolled bill. Counsel's
Office recommends that you issue the attached signing
statement which points out several possible constitutional
problems raised by the bill. Max Friedersdorf and I
also recommend approval of the signing statement which
has been cleared by Paul Theis.
RECOMMENDATION
That you sign H.R. 6673 at Tab B.
That you approve the signing statement at Tab C.
Approve MRF
Disapprove
IN THE
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE
UNITED
OFFICE OF MANAGEMENT AND BUDGET
STATE
WASHINGTON, D.C. 20503
DEC 1975
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 6673 - American Folklife Pre-
servation Act
Sponsor - Rep. Nedzi (D) Michigan and 5 others
Last Day for Action
January 2, 1976 - Friday
Purpose
To establish an American Folklife Center in the Library of
Congress.
Agency Recommendations
Office of Management and Budget
Approval
Library of Congress
Approval
Smithsonian Institution
Approval
National Endowment for the Arts
Approval
National Endowment for the Humanities
No objection
Discussion
H.R. 6673 would establish in the Library of Congress an
American Folklife Center to preserve and present American
folklife.
The Center would be directed by a Board of Trustees com-
posed as follows: four members appointed by the President
from among Federal officials concerned with folklife; four
members appointed each by the President pro tempore of
the Senate and the Speaker of the House of Representatives
2
from among private individuals noted for their involvement
in folklife; the Librarian of Congress; the Secretary of
the Smithsonian; the Chairmen of the National Endowments for
the Arts and the Humanities and the Director of the Center.
The term of office would be six years. The Director of the
Center shall serve at a rate not to exceed GS-18 with a
Deputy serving at a rate not to exceed GS-16.
The Center would be authorized to enter into contracts for
activities including research, scholarship, training, per-
formances, publications, festivals, exhibits, displays,
presentations, and workshops; and the purchase, receipt, pro-
duction and support of educational projects for classroom
and general usage. Contracts would be limited to two years,
except that with the concurrence of two thirds of the Board,
the term could be extended to five years.
The Center would also establish and maintain a national
archive and center for American folklife, collect specific
types of works for preservation in the archive and loan
or otherwise make available such works to the public.
The Director would be required to submit an annual report of
the Center's operations to the Librarian for inclusion in
the annual report of the Library of Congress to the Congress.
Appropriations authorized by the bill would be $133,500
through September 30, 1976, $295,000 for FY 1977 and $349,000
for FY 1978.
In its letter on the enrolled bill, the Smithsonian Institution
expressed the need to coordinate the highly diverse efforts
being made by the National Endowments of the Arts and the
Humanities, the Library of Congress and the Smithsonian in
the study of American folk culture. It states: "we believe
that the potential (of the legislation) for the support of
research into and interpretation of American folklife tra-
ditions and arts can assist in the enrichment of the cultural
life of the Nation."
James Director m. Trey
for Legislative Reference
Enclosures
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 6673 - American Folklife Pre-
servation Act
Sponsor - Rep. Nedzi (D) Michigan and 5 others
Last Day for Action
January 2, 1976 - Friday
Purpose
To establish an American Folklife Center in the Library of
Congress.
Agency Recommendations
Office of Management and Budget
Approval
Library of Congress
Approval
Smithsonian Institution
Approval
National Endowment for the Arts
Approval
National Endowment for the Humanities
No objection
Discussion
H.R. 6673 would establish in the Library of Congress an
American Folklife Center to preserve and present American
folklife.
The Center would be directed by a Board of Trustees com-
posed as follows: four members appointed by the President
from among Federal officials concerned with folklife; four
members appointed each by the President pro tempore of
the Senate and the Speaker of the House of Representatives
Attached document was not scanned because it is duplicated elsewhere in the document
STATEMENT BY THE PRESIDENT
I have signed H.R. 6673, the "American Folklife
Preservation Act. "
H.R. 6673 establishes in the Library of Congress
an American Folklife Center to preserve and present
American folklife. The Center is to be directed by a
Board of Trustees composed as follows: four members
appointed by the President from among Federal officials
concerned with folklife; four members appointed each by
the President pro tempore of the Senate and the Speaker
of the House of Representatives from among private
individuals noted for their involvement in folklife;
the Librarian of Congress; the Secretary of the
Smithsonian; the Chairmen of the National Endowments
for the Arts and the Humanities and the Director of the
Center.
The Center is authorized to enter into contracts
for activities including research, scholarship, training,
publications, exhibits, workshops and educational projects
for classroom and general usage. It will also establish
and maintain a national archive and center for American
folklife, collect specific types of works for preservation
in the archive and loan such works to the public.
I have serious reservations concerning the constitutional
propriety of placing the functions to be performed by the
Center outside the Executive branch and the assignment of
executive duties to officers appointed by Congress. How-
ever, given historical practice and custom in the area of
cultural and educational affairs and the potential of
H.R. 6673 to enrich the cultural life of the nation, I
am granting my approval to the measure.
ASSISTANT ATTORNEY GENERAL
Department of Justice
Mashington, D.C. 20530
DEC 31 1975
MEMORANDUM FOR THE HONORABLE PHILIP W. BUCHEN
Counsel to the President
Re: Enrolled Bill H.R. 6673, 94th Cong., 1st
Sess., "To provide for the establishment
of an American Folklife Center in the
Library of Congress, and for other purposes.
This is in response to the telephone request of Mr. Barry
Roth of your staff for the views of the Department of Justice
on the constitutional aspects of the above-entitled enrolled
bill, with which the department has had no prior contact.
The bill contains findings to the effect that it is
appropriate and necessary for the Federal Government to support
research and scholarship in American folklife, and that the
encouragement and support of American folklife is an appro-
priate matter of concern to the Federal Government. Section 2.
The bill then sets up an American Folklife Center in the
Library of Congress. Section 4(a). The Center would be
under the direction of a Board of Trustees composed as follows:
Four members appointed by the President of the
United States;
Four members appointed by the President pro tempore
of the Senate;
Four members appointed by the Speaker of the House
of Representatives;
The Librarian of Congress;
The Secretary of the Smithsonian Institution;
The Chairman of the National Endowment for the Arts;
The Chairman of the National Endowment for the
Humanities; and
The Director of the Center. Section 4(b).
REVOLUTION
1776
1976
The Librarian of Congress is empowered to appoint a
Director of the Center after consultation with the Board.
Section 4(f). The Director would be the chief executive
officer of the Center, and would have responsibility for
carrying out the functions of the Center, subject to the
direction of the Board and the general supervision of the
Librarian. Section 4(g).
Section 5 sets forth the functions which the Librarian
of Congress is authorized to perform under the Act (subsec-
tion (a)) and provides that they are to be carried out
through the Center (subsection (b))
In our view the bill presents two important constitu-
tional problems: The first involves the doctrine of the
separation of powers, which requires that statutes assigning
executive duties must be administered by the Executive branch
and not by Congressional officers, such as the Librarian of
Congress; the second is the principle that functions of an
executive nature must be carried out by officers of the United
States appointed in compliance with the requirements of
Article II of the Constitution.
I.
Article I of the Constitution vests the legislative power
of the United States in the Congress. Article II vests the
Executive power of the United States in the President and
directs him to "take Care that the laws be faithfully executed."
This means that statutes creating functions of an executive
nature are to be carried out by the Executive branch of the
Government under the supervision of the President, and not by
Congressional agencies. This basic constitutional considera-
tion, of course, does not preclude the performance of internal
Congressional functions and of Congressional services by Con-
gressional officers. The bill, however, goes far beyond that.
Some of the functions to be performed by the Librarian of
Congress through the American Folklife Center have, it is
true, a substantial nexus with the Library of Congress (see,
e. g., section 5 (a) (2) (5)) though even as to these it is
open to question whether they truly come within the ambit of
- 2 -
an institution whose primary purpose is to give library and
reference service to Congress. This, however, cannot under
any circumstances be said of the contract authority set forth
in section 5 (a) (1), empowering the Librarian 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 folk-
life;
"(B) initiation, promotion, support,
organization, and production of live per-
formances, festivals, exhibits, and work-
shops related to American folklife;
"(c) purchase, receipt, production, arrange-
ment 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 repre-
senting or illustrating some aspect of American
folklife."
- 3 -
These activities do not appear to be related to any
internal Congressional function or service. While it is true
that a few other functions of the Library, such as the provi-
sion of books and sound production records to the blind and
other physically handicapped persons, 2 U.S.C. 135 (a), are
not directly so related either, they are at least a logical
adjunct of the historical library function which the venerable
institution has provided. While one may permit this for
reasons of practicality and historical prescription, the
extension of the institution's activities into the entirely
unrelated field of funding folklife training and performances
is a change of qualitative nature. The extension would thus
have been made first, from an institution which serves the
Congress as a library to one which serves the public in the
same capacity; and finally, to one which serves the public in
capacities entirely unrelated either to Congressional service
or to libraries. This last extension moves the Library of
Congress into areas now occupied by the National Endowment
for the Arts, and the National Endowment for the Humanities
(both Executive agencies).
II.
The second constitutional problem in the bill concerns
the manner in which ten members of the Board of Trustees of
the American Folklife Center are to be appointed.
Under the bill, the Board would perform important functions
in the administration of the statutory program; its responsi-
bilities would not be limited to advice. For example, it
would give direction, not merely advice, to the Director of
the Center, an official appointed by the Librarian (section
4(f)); and certain functions of the Center could be undertaken
only if the Board considers them "appropriate." Sections 5(b),
6. Again, certain types of contracts may be entered into only
with the concurrence of the Board. See, e.g., sections 6(a),
7 (a) (2), (8). Under section 7 (a) (7) a majority of two-thirds
of the members of the Board may even waive otherwise applicable
bonding requirements.
The Board therefore performs functions of an executive
nature. Its activities are not merely of an advisory nature
or limited to a single task of limited duration, as is the
- 4 -
case with so-called "ad hoc" officers. See The Constitution
of the United States, Analysis and Interpretation, Sen. Doc.
92-82, p. 523 (1973).
It follows that the functions of the members of the Board
of Trustees can be performed only by persons who are officers
of the United States and appointed in the manner prescribed
by Article II, section 2, clause 2 of the Constitution, namely,
by the President by and with the advice of the Senate, or
with Congressional authorization by the President alone, or
the courts of law, or the heads of departments.
The bill fails to comply with these constitutional re-
quirements with respect to the following members of the Board:
(a) The eight members appointed by the President pro
tempore of the Senate and the Speaker of the House, respec-
tively;
(b) The Secretary of the Smithsonian Institution, who
is appointed by the Board of Regents of the Smithsonian
Institution (20 U.S.C. 44), which cannot be viewed as the
equivalent of a department head within the meaning of Article
II; and
(c) The Director of the Center who would be appointed by
the Librarian of Congress who similarly does not have the
status of a department head within the meaning of Article II
of the Constitution.
A similar problem arose in connection with the legislation
establishing the Japan-United States Friendship Commission
(Public Law 94-118) and in the Arts and Artifacts Indemnity
Act (Public Law 94-158). There, as indicated in the President's
signing statements, it was possible to obviate the difficulty
by considering the members appointed by the President pro
tempore and the Speaker to be advisory-nonvoting members. This
approach does not appear to be available here, because the
improperly appointed members would constitute ten out of
seventeen of the Board's membership.
- 5 -
For the above reasons, it is our view that the provisions
of this legislation are contrary to the strict provisions of
the Constitution. It must be acknowledged, however, that in
the area of cultural and educational affairs, the separation
of powers may not have been strictly observed. Despite the
fact that they do not constitute as drastic a departure from
the constitutional requirements as the present bill, those
provisions of the Library of Congress Act which authorize
the provision of specific services to the public must be con-
sidered a technical anomaly. Indeed, it is probably demon-
strable that from an early date the primary function of the
Library of Congress has been public service rather than
Congressional assistance. Similarly, the makeup of the Smith-
sonian Institution--if that is to be regarded as a Federal
agency, a point which is subject to some dispute--contravenes
the constitutional text.
Complete acceptance of this historical practice runs the
risk of inviting further transfers to the Library of Congress
of cultural and educational functions; and perhaps of en-
couraging more serious encroachments upon Executive preroga-
tives through the assignment of entirely different functions
to the General Accounting Office. Moreover, it appears from
our experience with the Japan-United States Friendship Com-
mission and the Arts and Artifacts Indemnity Act, discussed
above, that only a Presidential veto directed at this practice
will suffice to call the attention of Congress to the problem
involved. Given the very nature of all of these cultural
and educational proposals, it may be vain to await an
occasion for a Presidential veto more propitious than the
present. Nonetheless, in light of the historical practice
we think the President can responsibly sign the present legis-
lation with expression of his serious reservation concerning
the constitutional propriety of placing such functions outside
the Executive branch.
Antonin Scalia
Assistant Attorney General
Office of Legal Counsel
- 6 -
STATEMENT BY THE PRESIDENT
I have today signed H. R. 6673, the "American Folklife
Preservation Act. "
H. R. 6673 establishes in the Library of Congress an
American Folklife Center to preserve and present American
folklife. The Center is to be directed by a Board of Trustees
composed as follows: four members appointed by the President
from among Federal officials concerned with folklife; four
members appointed each by the President pro tempore of the
Senate and the Speaker of the House of Representatives from
among private individuals noted for their involvement in folklife;
the Librarian of Congress; the Secretary of the Smithsonian;
the Chairman of the National Endowments for the Arts and the
Humanities and the Director of the Center.
The Center is authorized to enter into contracts for
activities including research, scholarship, training, publications,
exhibits, workshops and educational projects for classroom and
general usage. It will also establish and maintain a national
archive and center for American folklife, collect specific types
of works for preservation in the archive and loan such works to
the public.
- 2 -
I have serious reservations concerning the constitutional
propriety of placing the functions to be performed by the Center
outside the Executive branch and the assignment of executive
duties to officers appointed by Congress. However, given
historical practice and custom in the area of cultural and
educational affairs and the potential of H. R. 6673 to enrich the
cultural life of the nation, I am granting my approval to the
measure.
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
1546
Date:
Time:
December 29
1030am
FOR ACTION: Kathy Ryan on
CC (for information): Jack Marsh
Max Friedersdorf
oh
Jim Cavanaugh
Ken Lazarus
Warren Hendriks
FROM THE STAFF SECRETARY
DUE: Date: December 30
Time: 600pm
SUBJECT:
H.R. 6673 - American Folklife Preservation Act
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please retitum to Judy Johnston, Ground Floor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE LIBRARY OF CONGRESS
WASHINGTON, D.C. 20540
OFFICE OF THE
ASSISTANT LIBRARIAN OF CONGRESS
December 24, 1975
Dear Mr. Frey:
This is in response to your request for our views on
the enrolled bill H.R. 6673 to establish an American Folklife
Center in the Library of Congress.
The progress of this bill has been followed by the
Librarian of Congress and Library staff during the legislative
process and many of our recommendations have been incorporated
in the bill as finally passed. The creation of a Center for
the preservation of American folklife and for research and
presentation through cooperative programs is consistent with
the interests of the Library of Congress. The proposed Board of
Trustees (Section 4) and the cooperation with many other agencies
and institutions (Section 5) should assure programs representative
of many interests and widely available throughout the Nation.
The Library of Congress supports this legislation and
recommends signature by the President.
Sincerely yours,
Elezabeth Hamer 1009
(Mrs.) Elizabeth Hamer Kegan
Assistant Librarian of Congress
Mr. James M. Frey
Assistant Director for
Legislative Reference
Executive Office of the President
Office of Management and Budget
Washington, D. C. 20503
SMITHSONIAN INSTITUTION
Washington, D. 20560
U.S.A.
December 24, 1975
Mr. James M. Frey
Assistant Director for
Legislative Reference
Office of Management and Budget
Washington, D. C. 20503
Dear Mr. Frey:
Thank you for referring to the Smithsonian Institution for
comment the enrolled bill H.R. 6673, "To provide for the establish-
ment of an American Folklife Center in the Library of Congress, and
for other purposes. "
The legislation provides for the establishment in the Library
of Congress of an American Folklife Center under the direction of a
seventeen member Board of Trustees. Four members are to be
appointed by the President from among Federal officials concerned
with folklife; four each by the Speaker of the House and the President
pro tempore of the Senate from among individuals in private life; and
there are five statutory members: the Librarian of Congress, the
Secretary of the Smithsonian Institution, the Chairmen of the Endow-
ments, and the Director of the Center, who is appointed by the Librarian
after consultation with the Board.
The Center has broad authority which includes the ability to
enter into contracts; establish a national archive in conjunction with any
Federal entity; acquire and loan objects; disseminate exhibitions; and
develop programs to preserve American folklife.
The Librarian is vested with conventional administrative powers,
and must include in his annual report to Congress on the Library a
report on the Center. Appropriations are authorized through fiscal
year 1978.
-2-
The Smithsonian Institution believes there is a need to
coordinate the highly diverse efforts in the study of American
folk culture because the field crosses so many disciplines.
Within the United States Government there are three principal
organizations which presently concern themselves with folklife:
the National Endowment for the Arts, which has granting authority
to support folklife studies in all these aspects; the Library of
Congress, which over the years has developed an excellent archival
capability in this field; and the Smithsonian Institution, which has
demonstrated its ability over the past ten years to undertake the
collections, applied research, and performance functions, and to
act as a living laboratory for folklife. Because of the placement
and organization of the Folklife Center in the legislation, and the
provision for representation of the Endowments, the Library, and
the Smithsonian on its Board of Trustees, we believe that the legis-
lation is a useful step in achieving coordination and that its potential
for the support of research into and interpretation of American
exhibitions,
folklife traditions and arts can assist in the enrichment of the cultural
life of the Nation.
The Smithsonian Institution respectfully recommends endorse-
ment by the President of H. R. 6673.
Sincerely yours,
S Diela Replay
micluding tours,
S. Dillon Ripley
Secretary
NATIONAL
WASHINGTON
ENDOWMENT
D.C. 20506
FOR
THE ARTS
A Federal agency advised by the
National Council on the Arts
December 23, 1975
Mr. James M. Frey
Assistant Director for
Legislative Reference
Office of Management and Budget
Washington, DC 20506
Dear Mr. Frey:
This is in response to your request for our views and
recommendations on H.R. 6673, a bill to provide for the
establishment of an American Folklife Center in the
Library of Congress, and for other purposes.
The National Endowment for the Arts strongly supports this
legislation. Substantial revision of the earlier versions
of the bill has been made. In the present form, it would
authorize the establishment in the Library of Congress of
an American Folklife Center for the preservation and pre-
sentation of American folklife. The Center will operate
under the general supervision of the Librarian of Congress.
The Board of Trustees will be composed of members appointed
by the President, the President pro tempore of the Senate,
and the Speaker of the House. Also on the Board ex officio
will be the Librarian of Congress, the Secretary of the
Smithsonian Institution, the Chairmen of the National
Endowment for the Arts and the National Endowment for the
Humanities, and the Director of the Center. The Center
would carry out a variety of activities involving American
folklife, including preservation, loan, dissemination,
workshop, festival, and exhibition activities. The Center
would not have authority to make grants, but would have
contractual authority, which of course the Library of
Congress already has.
Mr. James M. Frey
- 2 -
December 23, 1975
It should be noted that the granting provisions included in
earlier versions of this bill have been removed in this
version, after mutual agreement among sponsors of the bill
and officials at the Library of Congress that authority
for grants more properly resided in the National Endowment
for the Arts and the National Endowment for the Humanities.
This significant modification removes the objection, pre-
viously expressed by the Arts Endowment, that the bill
provided for functions to be carried out by the Folklife
Center which duplicated those of the Arts Endowment. The
Arts Endowment thus regards this bill as complementary to,
rather than duplicative of, it own efforts, and welcomes
the prospect of cooperation with the Folklife Center.
Another major revision in this bill is the reduction of
the authorized funding level. It provides $133,500 for the
remainder of Fiscal 1976 and the Transition Quarter, and
modest increments through Fiscal 1978. This is certainly a
reasonable level of funding for the purposes set forth in
the legislation.
A number of hearings were held by the Congress for this
bill in its various forms, and they demonstrated sustained
interest and support for the bill in the Congress, among
experts in the field of folklore and folk cultural studies,
and from the public generally. Now that all the differences
among sponsors and involved agencies have been resolved, and
a productive and cooperative agency approach to the nation's
folk cultural needs has been firmly established, it is an
opportune time for implementing the legislation. Indeed,
the advent of the Nation's Bicentennial year offers a most
propitious moment for signing the legislation, for it is
hard to imagine a finer federal gesture to inaugurate the
Bicentennial than the signing of a bill addressing itself
to the rich variety of our folk cultural heritage.
Mr. James M. Frey
- 3 -
December 23, 1975
The National Endowment for the Arts strongly supports this
legislation and recommends approval of H.R. 6673 by the
President.
Sincerely,
Nogth
Nancy Hanks
Chairman
NATIONAL ENDOWMENT FOR THE HUMANITIES
WASHINGTON, D.C. 20506
December 23, 1975
Mr. James M. Frey
Assistant Director for Legislative
Reference
Room 7201 New Executive Office
Building
Office of Management and Budget
Washington, D.C. 20503
Dear Mr. Frey:
This is in response to your request of December 22nd for
the views of the National Endowment for the Humanities on H.R.
6673 The American Folklife Preservation Act.
This Endowment has no objection to approval of this legis-
lation by the President. However the National Endowment for the
Humanities is already authorized to provide support for this area.
Sincerely,
Ronald Berman
Chairman
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
1546
Date: December 29
Time:
1030am
FOR ACTION: Kathy Ryan
CC (for information):. Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
Warren Hendriks
FROM THE STAFF SECRETARY
DUE: Date: December 30
Time: 600pm
SUBJECT:
H.R. 6673 - American Folklife Preservation Act
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
- becommend Approval-
athleen lyan
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submiding the required material, please
Just President
U.S. GOVERNMENT PRINTING OFFICE: 1959-339.156
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
1546
Date: December 29
Time:
1030am
FOR ACTION: Kathy Ryan
cc (for information) :. Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
Warren Hendriks
FROM THE STAFF SECRETARY
DUE: Date: December 30
Time:
600pm
SUBJECT:
H.R. 6673 - American Folklife Preservation Act
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
No objection. Draft signing
Statement attached which points
to Constitutional problems raind
by the hire.
Kl.
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
(resident
STATEMENT BY THE PRESIDENT
I have today signed H. R. 6673, the "American Folklife
Preservation Act. "
H.R. 6673 establishes in the Library of Congress an
American Folklife Center to preserve and present American
folklife. The Center is to be directed by a Board of Trustees
composed as follows: four members appointed by the President
from among Federal officials concerned with folklife; four
members appointed each by the President pro tempore of the
Senate and the Speaker of the House of Representatives from
among private individuals noted for their involvement in folklife;
the Librarian of Congress; the Secretary of the Smithsonian;
the Chairman of the National Endowments for the Arts and the
Humanities and the Director of the Center.
The Center is authorized to enter into contracts for
activities including research, scholarship, training, publications,
exhibits, workshops and educational projects for classroom and
general usage. It will also establish and maintain a national
archive and center for American folklife, collect specific types
of works for preservation in the archive and loan such works to
the public.
- 2 -
I have serious reservations concerning the constitutional
propriety of placing the functions to be performed by the Center
outside the Executive branch and the assignment of executive
duties to officers appointed by Congress. However, given
historical practice and custom in the area of cultural and
educational affairs and the potential of H. R. 6673 to enrich the
cultural life of the nation, I am granting my approval to the
measure.
STATEMENT BY THE PRESIDENT
I have today signed H. R. 6673, the "American Folklife
Preservation Act. "
H.R. 6673 establishes in the Library of Congress an
American Folklife Center to preserve and present American
folklife. The Center is to be directed by a Board of Trustees
composed as follows: four members appointed by the President
from among Federal officials concerned with folklife; four
members appointed each by the President pro tempore of the
Senate and the Speaker of the House of Representatives from
among private individuals noted for their involvement in folklife;
the Librarian of Congress; the Secretary of the Smithsonian;
the Chairman of the National Endowments for the Arts and the
Humanities and the Director of the Center.
The Center is authorized to enter into contracts for
activities including research, scholarship, training, publications,
exhibits, workshops and educational projects for classroom and
general usage. It will also establish and maintain a national
archive and center for American folklife, collect specific types
of works for preservation in the archive and loan such works to
the public.
- 2 -
I have serious reservations concerning the constitutional
propriety of placing the functions to be performed by the Center
outside the Executive branch and the assignment of executive
the
duties to officers appointed by Congress. However, given
historical practice and custom in the area of cultural and
educational affairs and the potential of H. R. 6673 to enrich the
cultural life of the nation, I am granting my approval to the
measure.
STATEMENT BY THE PRESIDENT
I have signed H.R. 6673, the "American Folklife
Preservation Act."
H.R. 6673 establishes in the Library of Congress
an American Folklife Center to preserve and present
American folklife. The Center is to be directed by a
Board of Trustees composed as follows: four members
appointed by the President from among Federal officials
concerned with folklife; four members appointed each by
the President pro tempore of the Senate and the Speaker
of the House of Representatives from among private
individuals noted for their involvement in folklife;
the Librarian of Congress; the Secretary of the
Smithsonian; the Chairmen of the National Endowments
for the Arts and the Humanities and the Director of the
Center.
The Center is authorized to enter into contracts
for activities including research, scholarship, training,
publications, exhibits, workshops and educational projects
for classroom and general usage. It will also establish
and maintain a national archive and center for American
folklife, collect specific types of works for preservation
in the archive and loan such works to the public.
I have serious reservations concerning the constitutional
propriety of placing the functions to be performed by the
Center outside the Executive branch and the assignment of
executive duties to officers appointed by Congress. How-
ever, given historical practice and custom in the area of
cultural and educational affairs and the potential of
H.R. 6673 to enrich the cultural life of the nation, I
am granting my approval to the measure.
JP
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STATEMENT BY THE PRESIDENT
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I have today signed H. R. 6673, the "American Folklife
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Preservation Act. "
12/27/75
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H.R. 6673 establishes in the Library of Congress an
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American Folklife Center to preserve and present American
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folklife. The Center is to be directed by a Board of Trustees
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composed as follows: four members appointed by the President
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from among Federal officials concerned with folklife; four
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members appointed each by the President pro tempore of the
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Senate and the Speaker of the House of Representatives from
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among private individuals noted for their involvement in folklife;
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the Librarian of Congress; the Secretary of the Smithsonian;
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the Chairman of the National Endowments for the Arts and the
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Humanities and the Director of the Center.
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The Center is authorized to enter into contracts for
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activities including research, scholarship, training, publications,
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exhibits, workshops and educational projects for classroom and
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of
general usage. It will also establish and maintain a national
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archive and center for American folklife, collect specific types
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of works for preservation in the archive and loan such works to
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the public.
- 2 -
I have serious reservations concerning the constitutional
propriety of placing the functions to be performed by the Center
G.S.O. Style
Manual
outside the X Executive branch and the assignment of executive
X
p.44
the
duties to officers appointed by Congress. However, given
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historical practice and custom in the area of cultural and
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educational affairs, and the potential of H. R. 6673 to enrich the
X
cultural life of the nation, I am granting my approval to the
measure,
94TH CONGRESS
~
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-273
PROVIDING FOR THE ESTABLISHMENT OF AN AMERICAN FOLKLIFE
CENTER IN THE LIBRARY OF CONGRESS, AND FOR OTHER
PURPOSES
JUNE 10, 1975.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. NEDZI, from the Committee on House Administration,
submitted the following
REPORT
[To accompany H.R. 6673]
The Committee on House Administration, to whom was referred
the bill (H.R. 6673) having considered the same, report favorably
thereon with amendments and recommend that the bill as amended
do pass.
On May 14, 1975, a quorum being present, the committee, by a vote
of 18 to 5, adopted a motion to report H.R. 6673, amended.
AMENDMENTS
On page 4, line 18, strike the word "eight" and insert in lieu thereof
the word "four" and strike the word "Librarian".
On page 4, line 19, strike the words "of Congress" and insert in lieu
thereof the words "President pro tempore of the Senate".
On page 4, line 23, strike the word "arts" and insert in lieu thereof
"arts, and four members appointed by the Speaker of the House of
Representatives from among such individuals;"
On page 5, line 8, strike the word "Librarian" and insert in lieu
thereof "President pro tempore of the Senate and the Speaker of the
House of Representatives".
On page 5, line 11, following the word "Board.", add the follow-
ing: "Not more than three of the members appointed by the President
pro tempore of the Senate or by the Speaker of the House of Repre-
sentatives may be affiliated with the same political party."
On page 5, line 22, following the word "as", insert the word
"jointly".
On page 5, lines 22 and 23, strike the word "Librarian," and add
the following: "President pro tempore of the Senate and the Speaker
of the House of Representatives,".
38-006
2
3
PURPOSE
The Librarian, and the Board, would appoint the Director and
H.R. 6673 would establish in the Library of Congress an American
Deputy Director of the Center. The basic pay of these individuals
Folklife Center, under the direction of a Board of Trustees. The Board
would not exceed, respectively, GS-18 and GS-16 of the General
would be composed as follows: Four members appointed by the Presi-
Schedule.
dent from among officials of Federal agencies concerned with some
In carrying out the functions of the Center, the Librarian would be
aspect of folklife; four members appointed by the President pro
authorized to Promulgate regulations; accept donations of money and
tempore of the Senate and four members appointed by the Speaker of
other property, and use, sell, or otherwise dispose thereof; appoint
the House of Representatives from among individuals in private life
such personnel as may be necessary; obtain the services of experts and
who are recognized for their scholarship, experience, creativity, or
consultants at rates not to exceed $100 per diem accept and utilize the
Smithsonian Institution; the Chairman of the National Endowment
interest in folklife; the Librarian of Congress; the Secretary of the
services of voluntary personnel; enter into contracts, grants or other
arrangements; and make advances and other payments with the ap-
for the Arts; the Chairman of the National Endowment for the Hu-
proval of the Board.
manities; and the Director of the Center. The term of office of each
The Center and its Director would be required to submit to the
appointed member would be 6 years, except that the terms of the
Librarian for inclusion in the annual report of the Library of Con-
original appointees would be staggered. In making appointments,
gress to the Congress an annual summary of its operations. That sub-
the President Pro Tempore. and the Speaker would be required to
mission shall include a detailed accounting of all public and private
strive for appropriate regional balance, as well as to insure that no
funds received and expended, and such other matter deemed appro-
more than three of each of their four appointees would be from the
priate by the Center.
same political party.
The bill would authorize to be appropriated to the Center to earry
For the purposes of the bill, the term "American Folklife" is defined
out the provisions therein: $167,750 for the fiscal year ending Sep-
as follows:
tember 30, 1976; $710,000 for the fiscal year ending September 30,
1977; $1,716,000 for the fiscal year ending September 30, 1978. These
"American Folklife" means the traditional customs, beliefs,
amounts include grant-making authority and were recommended by
dances, songs, tales, sayings, art crafts, and other expressions
the Librarian who indicated that these funding levels were minimums
of the spirit common to a group of people within any area of
necessary to establish and operate the Center.
the United States, and includes music (vocal and instru-
mental), dance, drama, lore, beliefs, language, humor, handi-
BACKGROUND
craft, painting, sculpture, architecture, other forms of
creative and artistic expression, and skills related to the pres-
Measures to increase the role of the Federal Government in pre-
ervation, presentation, performance. and exhibition of the
serving folklife have been pending in the Congress for more than 5
cultural heritage of any family, ethnic, religious, occupa-
years. Although the initial impetus came from individuals and groups
tional, people. racial, regional, or other groupings of American
concerned with the cultures of the Appalachian region, and native
Americans. They were soon joined by proponents of the so-called
The Center would be authorized to enter into contracts, make grants
"ethnic," black, and Hispanic cultures as well as by individuals and
and loans, and award scholarships to individuals and groups for
groups from every section of the country. Whatever their backgrounds
activities including research, scholarship, training, exhibits, perform-
or areas of interest, they are agreed that Americans' cultural diversity
ances, and workshops; and the purchase, production, and support of
is a valuable national asset and is well worth preserving in the face
educational projects for classroom and general usage. Additionally, the
of increasing homogenization of American life. They have called for
Center would be directed to establish and maintain in conjunction with
an intensified Federal commitment in this area. This point of view has
any Federal agency a national archive and center for American folk-
grown to the extent that in the 94th Congress over 230 Members of
life. Materials for this archive would be purchased, procured or other-
the House and more than half the Senate have cosponsored bills similar
ance with Library of Congress procedures.
wise received, and could be loaned, exhibited or displayed in accord-
to H.R. 6673.
HEARINGS
tion, except that with the concurrence of at least two-thirds of the
Grants made pursuant to the bill would be limited to 2 years' dura-
On May 9 and 10, 1974, the Subcommittee on Library and Memo-
Board, such term could be extended to not more than 5 years. No
rials held comprehensive hearings on legislation to establish an Amer-
grants, loans, or other assistance could be used for purposes of land
ican Folklife Center in the Library of Congress. Testimony was taken
acquisition, construction, building acquisition, or acquisition of major
from the Librarian of Congress, the Smithsonian Institution, the
equipment. No former Federal employee would be eligible to serve
National Endowment for the Arts, and several other witnesses includ-
a trustee of the Center or to receive any grants or other assistance for as a
ing distinguished scholars and representatives of folk and ethnic or-
period of 2 years following the termination of such employment.
ganizations. A consensus was reached that the Federal Government
H.R. 273
H.R. 27'
4
5
has an appropriate role in the fostering and preservation of folk and
the private sector, would be appointed in such a manner that the
ethnic traditions, and that the Federal Government's effort thus far
President Pro Tempore of the Senate would appoint four members,
in this regard has been clearly inadequate.
and the Speaker of the House would appoint four members. The pro-
posal was also amended to provide that as to each of these appoint-
COMMITTEE ACTION
ments by the President Pro Tempore of the Senate and Speaker of
The Committee on House Administration is agreed that a serious
the House, that no more than three of the four appointees could rep-
Federal effort should be made to make possible the preservation of the
resent the same political party. The remaining amendments are
folk and ethnic cultures of Americans. The committee is aware that
conforming in nature.
O
the National Endowments' enabling legislation permits activities in
the folklife area; nonetheless, the committee has opted for a separate
Folklife Center in the Library of Congress for these reasons: (1) To
date, the Endowments have shown little inclination to make a genuine
commitment in this area, apparently preferring instead to focus on
"high culture." The Endowments have acknowledged that only a tiny
fraction of total grant outlays have gone to the folk and ethnic areas,
and admit that their efforts have been "inadequate." The committee
agrees; (2) the nature of folk and ethnic cultural preservation efforts
requires an archival function as well as a grant-making capability.
The Endowments are not authorized to conduct archival activities;
(3) given the relatively embryonic nature of folk and ethnic preser-
vation programs, a Center should itself have the ability to produce
and develop related activities for which a capability does not now
exist in the private sector. The Endowments regard their mission as
grant-making only and reject an operative role in programs; (4) a
separate Center could become a focal point for Federal efforts and for
private participation in this area.
The Library of Congress is an ideal place in which to locate this
Center. The Library's Archive of Folk Song, established in 1928, has
one of the most extensive collections of American folk music in the
United States. In addition, large collections of other relevant folklife
materials are housed by various divisions of the Library in the form
of manuscripts, photographs, motion pictures, and other materials.
The Library also has an extensive collection of published works relat-
ing to folklife.
The committee endorses the limitation on authorizations in H.R.
6673 in lieu of an open-ended provision. In authorizing funding of the
Center through 1978, the committee believes that the Center will have
sufficient time to establish itself as a viable force in the folklife area.
At the end of the authorization period, the Congress would have the
opportunity to evaluate the Center's performance and determine
whether institutional adjustments are in order. The bill's authorization
of minimum operating expenses will insure optimum organizational
flexibility.
COST OF H. R. 6673
H.R. 6673 authorizes appropriations to the Center in the following
amounts: $167,750 for fiscal year 1976; $710,000 for fiscal year 1977;
$1,716,000 for fiscal year 1978.
AMENDMENTS TO H.R. 6673
The committee agreed to amend the proposal in order to provide
that the eight members of the Board of Trustees who are to come from
H.R. 273
H.R. 273
Calendar No. 507
94TH CONGRESS
SENATE
REPORT
1st Session
No. 94-527
PROVIDING FOR THE ESTABLISHMENT OF AN AMER-
ICAN FOLKLIFE CENTER IN THE LIBRARY OF CON-
GRESS, AND FOR OTHER PURPOSES
DECEMBER 10, 1975.-Ordered to be printed
Mr. CANNON, from the Committee on Rules and Administration,
submitted the following
REPORT
[To accompany H.R. 6673]
The Committee on Rules and Administration, to which was referred
the bill (H.R. 6673) to provide for the establishment of an American
Folklife Center in the Library of Congress, and for other purposes,
having considered the same, reports favorably thereon with amend-
ments and recommends that the bill as amended do pass.
H.R. 6673 would establish within the Library of Congress an Amer-
ican Folklife Center to develop, promote, and implement a program
of support for American folklife.
BACKGROUND
Measures to increase the role of the Federal Government in preserv-
ing folklife have been pending in the Congress for more than 6 years.
Although the initial impetus came from individuals and groups con-
cerned with the cultures of the Appalachian regions, and native Ameri-
cans, they were soon joined by proponents of the so-called "ethnic,"
black, and Hispanic cultures as well as by individuals and groups from
every section of the country.
Whatever their background or areas of interest, they are all agreed
that Americans' cultural diversity is a valuable national asset and is
well worth preserving in the face of increasing homogenization of
American life. They have called for an intensified Federal commitment
is this area. This point of view has grown to the extent that in the 94th
Congress more than 230 Members of the House and more than half the
Senate have cosponsored bills similar to H.R. 6673, reflecting growing
concern and sentiment in succeeding Congresses for Federal support
for American folklife.
57-010
2
H.R. 6673, which passed the House September 8, 1975, has been sub-
3
stituted for S. 1618 for Senate consideration. Both bills are similar
and seek to achieve the same purposes.
or to initiate a formal folklore program. In short, the Committee finds
Bills concerning Federal support for American folklife have been
the Endowments' support for American folklife has been woefully
introduced in the Senate in the past four Congresses. Three hearings
inadequate.
have been held on Senate bills, including an initial joint hearing on
"The Committee believes the endowments should see the Bicentennial
July 2, 1971, a field hearing on December 4, 1971 at the Grand Old
year as an opportunity to expand dramatically their commitment to
Opry in Nashville, Tennessee, and the last on May 8, 1974. In addition,
the simple beauty and natural expression of tens of millions of citizens
there were hearings on a House bill May 9 and 10, 1974. House bills
to whom the avenues of high culture are not open. The mandate which
have been introduced in the past two Congresses, including H.R. 6673.
stands behind the National Foundation for the Arts and Humanities
the one now before the Senate. A report, S. Rept. 91-1274. was issued
is a charge that the culture of all Americans is intrinsically worthy of
by the Committee on Labor and Public Welfare on October 6, 1970,
support.
to accompany S. 1591, the first Senate bill concerned with American
"Congress expects the administrators of arts and humanities policy
folklife.
to act responsibly and imaginatively in the area of folk culture. The
The most recent Senate hearing held on May 8, 1974, to establish an
two endowments, in particular, should expand and improve their
American Folklife Center in the Library of Congress was before the
programs in support of American folk culture."
Subcommittee on the Library of the Committee on Rules and Adminis-
SECTION-BY-SECTION ANALYSIS
tration, when a number of witnesses were heard and letters and state-
ments in support of the measure were submitted for the record. Those
Section 1. Short Title
in support included several U.S. Senators, the Librarian of Congress,
This bill is cited as the "American Folklife Preservation Act". It
the National Endownment of the Arts, the National Endowment of the
would provide for the establishment of an American Folklife Center
Humanities, the Secretary of the Smithsonian, folksingers, and aca-
in the Library of Congress, and for other purposes.
demic leaders in the field.
There was a consensus that the Federal Government has an appro-
Section 2. Declaration of Findings and Purposes
priate role in the fostering and preservation of folk and ethnic tradi-
The Congress believes that the diversity of culture and the sense
tions and that the Federal Government's efforts thus far in this regard
of individuality and identity among the American people have con-
have not been enough.
tributed toward the building of our nation, rather than requiring
The Library of Congress is considered an ideal place in which to
the cacrifice of cultural differences, and that all of this rich diversity
locate the Center. The Library's Archive of Folk Song, established in
of American folklife in turn has had a great influence on us as a
1928, has one of the most extensive collections of American folk music
people.
in the United States. In addition, large collections of other relevant
Therefore, it is believed that it is appropriate for the Federal
folklife materials are housed in various divisions of the Library in the
Government to encourage and support American folklife, even though
form of manuscripts, photographs, motion pictures, and other mate-
it may primarily be a matter for private and local initiative, and that
rials. The Library also has an extensive collection of published works
the general welfare of the Nation is enhanced by the preservation,
relating to folklife.
support, revitalization, and dissemination of American folklife tra-
There has been and is concern that the two endowments, particularly
ditions and arts.
the Arts, have not taken sufficient initiative in American folklife and
It is the purpose of this Act to establish in the Library of Congress
that, in fact, too little has been done up to this time. It is hoped that
an American Folklife Center to preserve and present American folk-
belated and greater effort will be exerted in this regard. The Congress
life.
has an oversight obligation to make sure more is done by the endow-
Section 3. Definitions
ments.
The term "American folklife" means the traditional expressive cul-
A similar concern was expressed recently in Senate Report No. 94-
462 by Senator Robert C. Byrd, a member of the Committee on Rules
ture shared within the various groups in the United States- familial,
ethnic, occupational, religious, regional-and that such expressive cul-
and Administration, who was reporting from the Committee on Ap-
propriations on the Department of the Interior and Related Agencies
ture includes a wide range of creative and symbolic forms such as cus-
Appropriation Bill, 1976, as follows:
tom, belief, technical skill, language, literature, art, architecture, mus-
"In passing the National Foundation on the Arts and Humanities
ic, play, dance, drama, ritual, pageantry, handicraft-and that these
Act of 1965, the Congress intended that the two granting Endowments
expressions are mainly learned orally by imitation, or in performance,
and are generally maintained without benefit of formal instruction or
provided by the Act support the study and presentation of folk cul-
institutional direction.
ture. The National Endowment for the Arts established its formal Folk
The term "Group" includes any State or public agency or institu-
Arts programs only as recently as 1975. The National Endowment for
tion and any nonprofit society, institution, organization, association,
the Humanities, although granting some funds over the years to folk-
or establishment in the United States.
loric study, has not yet seen fit to add trained folklorists to its staff
The term "State" includes. in addition to the states, the Common-
S.R. 527
wealth of Puerto Rico, the District of Columbia, Guam, American
Samoa, and the Virgin Islands.
S.R. 527
5
4
3. Receive, buy, and collect for preservation or retention creative
The term "workshop" means an activity the primary purpose of
works, exhibitions, presentations, objects, materials, artifacts, manu-
which is to encourage the development of skills, appreciation, or en-
scripts, publications, and audio and visual records which represent or
joyment of American folklife among amateur, student, or nonpro-
illustrate some aspect of American folklife.
fessional participants, or to promote scholarship or teaching among
4. Loan and make available through the Library of Congress any
the participants.
item in the archive to any individual or group.
Section 4. Establishment of Center
5. Disseminate to local, regional, State, or National audiences
Such a Center would be under the direction of a Board of Trustees,
through contracts or other arrangements any exhibition, display or
whose members would be appointed to terms of six years each, with
presentation with public, nonprofit and private radio and television
broadcasters, museums, educational institutions, and individuals and
the exception that the first appointees to the Board would serve
organizations, including corporations, as deemed appropriate by the
staggered terms.
Board.
The Board would be comprised of seventeen members. Four would
be named by the President from officials of Federal departments and
6. Loan, lease, and make available to public, private and nonprofit
agencies concerned with some aspect of American folklife traditions
educational insfitutions and State arts councils such exhibitions, pro-
grams, exhibits, and materials designed for classroom use on folklife.
and arts, and four each would be named by the President pro tempore
of the Senate and the Speaker of the House of Representatives from
7. Develop ánd implement other appropriate programs to preserve,
support, revitalize, and disseminate American folklife.
among private individuals recognized by virtue of their scholarship,
In entering into contracts, the Librarian could:
experience. creativity, or interest in American folklife traditions and
arts. The Board members would also include the Librarian of Con-
A. Initiate and promote research, scholarship, and training in Amer-
ican folklife.
gress, the Secretary of the Smithsonian Institution, the Chairmen of
B. Initiate and promote productions of live performances, festivals,
the National Endowments for the Arts and the Humanities, and the
exhibits, and workshops.
Director of the Center.
C. Purchase or produce or help support exhibitions, displays, publi-
Appointments by the President pro tempore of the Senate and the
cations, and presentations, including still and movie films as well as
Speaker of the House of Representatives would be such that the in-
recordings representing folklife.
dividuals would collectively provide appropriate regional balance on
D. Purchase and produce exhibitions, projects. presentations, and
the Board. Not more than three of anv of the members appointed by
materials specifically designed for classroom use in illustrating folk-
either one of them could be affiliated with the same political party.
life.
Board members not regularly full-time Federal employes would be
entitled to receive compensation at rates fixed by the Librarian not to
Section 6. Limitations on Contracts
exceed $100 per diem. along with travel expenses.
No payments for research or training could be authorized in excess
The Librarian of Congress would call the first meeting of the board,
of 2 years, except with the concurrence of at least two-thirds of the
which in turn would elect a chairman and a vice chairman for two
Board members. and then only for a period not to exceed 5 years.
year terms. except for a initial one year term.
The Act would not cover cost of land acquisition, construction,
A majority of Board members would constitute a quorum.
building acquisitions, or acquisitions of major equipment.
A director of the Center. who would be paid at a rate not to exceed
No individual formerly in the employ of the Federal Government
GS-18, would be appointed by the Librarian after consultation with
would be eligible to receive assistance or to serve as a trustee in the
the Board. A deputy director to serve at a rate not to exceed GS-16
two year period following termination of such employment.
would be named by the Librarian upon recommendation of the
Section 7. Administrative Provisions
director.
The director would be the chief executive officer of the Center.
The Librarian would be authorized in carrying out the Center's
function to:
subject to the direction of the Board and the general supervision of
1. Prescribe such regulations he deems necessary.
the Librarian. The deputy director would perform such functions as
prescribed by the director with the approval of the Librarian, and in
2. Receive money and other property donated or bequeathed, and to
use. sell, or otherwise dispose of such property.
the absence of the director would serve as acting director.
3. Receive in the discretion of the Board money and property given
Section 5. Functions of the Center
to the Center with restrictions.
The Center under the Librarian would have a wide variety of activ-
4. Fix pay rates for Center personnel.
ities and functions, as follows:
5. Hire experts and consultants.
1. Enter into contracts with individuals and groups.
6. Utilize the services of voluntary and noncompensated personnel
2. Establish and maintain in conjunction with any Federal depart-
and reimburse them for travel expenses, including per diem.
ment, agency, or institution, a national archive and center for Ameri-
7. Enter into contracts, and such contracts could, with the concur-
can folklife.
rence of two-thirds of the Board members, be entered into without
S.R. 527
S.R. 527
7
6
language has been added in several places. It is believed that the
performance or other bonds and in conformity with section 3709 of
Center, while maintaining its own identity, should at the same time
the Revised Statutes, as amended (41 U.S.C.5).
as part of the Library be directly responsible to the Librarian through
8. Make advances and other payments which the Board deems nec-
its director and that the Librarian should have a stronger role.
essary under this Act in conformity with the provisions of section
In this regard, amendments appear in Section 4(g) (1), at the
3648 of the Revised Statutes, as amended (31 U.S.C. 529).
beginning of Section 5, at the end of Section 5 and in Section 7(b).
The director would be required to submit to the Librarian for in-
Several other amendments of a minor nature have to do with the
clusion in the annual report of the Library of Congress to the Con-
expansion of activities and programs of the Center with the additions
gress an annual report of the Center, including a detailed statement
of "literature" in Section 3(1) "publications" in Section 5(1) (C)
of all private and public funds received and expended, and such rec-
"manuscripts and publications" in Section 5 (3) "State arts councils"
ommendations as the Center thinks appropriate.
in Section 5(6), and a technical amendment for the hearing of ex-
Section 8. Authorization
perts and consultants in accordance with provisions of section 3109 of
Proposed for the first 3 years are $133,500 for the fiscal year 1976
title 5, United States Code, in Section (5).
and for the period from July 1 through September 30, 1976; $295,000
A description of the specific amendments proposed by the Committee
for the fiscal year 1977, and $349,000 for the fiscal year 1978. (See copy
on Rules and Administration, which have been generally discussed
of breakdown of estimated budgets for those years for establishment
above, is as follows:
and operation of the Center attached to this report.)
In Section 3(1) strike the whole paragraph which reads as follows:
(1) the term "American folklife" means the traditional
AMENDMENTS RECOMMENDED BY THE COMMITTEE ON RULES AND
customs, beliefs, dances, songs, tales, sayings, art, crafts, and
ADMINISTRATION
other expressions of the spirit common to a group of people,
within any area of the United States, and includes music
Two major amendments proposed to H.R, 6673, both related, con-
(vocal and instrumental), dance, drama, lore, beliefs, lam-
cern divorcing authority from the Center and its director in making
guage, humor, handicraft, painting, sculpture, architectur
grants and loans and awarding scholarships for folklife, and, at the
other forms of creative and artistic expression, and skills
same time, decreasing drastically the proposed appropriations for
related to the preservation, presentation, performance, and
three years for the Center because of the change.
exhibition of the cultural heritage of any family, ethnic, reli-
These amendments in no way otherwise restrict the Center as such.
gious, occupational, racial, regional, or other grouping of
What it does is eliminate the establishment of expensive procedures
American people;
within the Center to supervise, oversee, and award grants, loans, and
scholarships.
and substitute the following:
It is believed there are more than sufficient ways and means and
(1) the term "American folklife" means the tra/litional
money available through the National Endowment for the Arts for
expressive culture shared within the various groups in the
the purposes of grants, loans, and scholarships in the folklife field.
United States: familial, ethnic, occupational, religious, re-
The Arts Endowment has supported the concept of a Folklife Center,
gional; expressive culture includes a wide range of creative
but been opposed to any grant authority as being duplicative of the
and symbolic forms such as custom, belief, technical skill,
work of the Endowment.
language, literature, art, architecture, music, play, dance,
At the time of the Senate hearing on May 8, 1974. on folklife legis-
drama, ritual, pageantry handicraft; these expressions are
lation, Dr. L. Quincy Mumford, then Librarian of Congress. said the
mainly learned orally by imitation, or in performance, and
Library while supporting the establishment of a Folklife Center at
are generally maintained without benefit of formal instruc-
the Library was opposed to having authority to make grants as it felt
tion or institutional direction.
such activity was better located in the National Endowment for the
In Section (g) (1) strike the whole sentence, as follows:
Arts.
It was brought out at the hearing that giving the Library such au-
He shall carry out the programs of the Center subject to the
thority would duplicate the work of the Arts Endowment, and would
supervision and direction of the Board, and shall carry out
be unnecessarily costly.
such functions as the Board may delegate to him consistent
Areas of H.R. 6673 to be amended to strike out grant, loan and
with the provisions of this Act.
scholarship authority are Section 5 (1) and (5) Section 6(c) and
and substitute the following:
Section 7(7), while Section 8 is concerned with amending of the
appropriation.
Subject to the direction of the Board and the general super-
The definition of "American folklife" as contained in the Senate
vision of the Librarian, the Director shall have responsibility
version, S. 1618, would be substituted for that contained in H.R. 6673.
for carrying out functions of the Center, and shall have au-
This change would be in Section 3(1).
thority over all personnel and activities of the Center.
So that there would be a more direct line of authority for the
Section 5 strike the words "The Center and Its Director are" and
Librarian of Congress over the Center and its director, substitute
substitute the following (a) The Librarian is"
S.R. 527
S.R. 527
8
9
Section 5(1) after the word "contracts" strike words "with, make
grants and loans to, and award scholarships to" and insert instead word
The letter referred to above, addressed to Senator Howard W. Can-
with"
non, Chairman, Committee on Rules and Administration, by Daniel J.
Sections (1) (C) after word "display" insert word "publications,"
Boorstin, Librarian of Congress, is as follows:
publications," Section 5(3) after word "artifacts," insert words "manuscripts,
LIBRARIAN OF CONGRESS,
Washington, D.C., November 26, 1975.
Section 5(5) after word "including" strike words "contracts, loans,
Hon. HOWARD W. CANNON,
and grants" and insert instead word "contracts"
Section 5 (6) after word "institutions" insert the following: "and
Chairman, Committee on Rules and Administration,
State arts councils, established pursuant to the National Foundation
U.S. Senate, Washington, D.C.
on the Arts and the Humanities Act of 1965,"
DEAR SENATOR CANNON: In response to a request from your Com-
Section 5 after paragraph (7) insert by itself "(b) The Librarian
mittee, I am enclosing revised figures for funding for an American
shall carry out his functions under this Act through the Center."
Folklife Center in the Library of Congress. These figures are based
Section 6 in heading "LIMITATIONS ON GRANTS" strike word
on the assumption that the Library of Congress would not handle
"GRANTS" and substitute word "CONTRACTS"
the grant-making functions as authorized in H.R. 6673, which was
Section 6(c) after word "any" strike words "grant or other"
approved by the U.S. House of Representatives. Inflationary factors,
Section 7(5) after word "States" strike words "Code, at rates for
including the government pay raises and increased personnel benefits,
individuals not to exceed $100 per diem" and substitute word "Code"
have been built into the funding levels.
Section 7(7) after words "enter into" strike words "contracts,
If we can provide your Committee with any additional information,
grants, or other arrangements, or modifications thereof, to" and sub-
please let us know.
stitute words "contracts to"
Sincerely yours,
Section 7 after "(b)" strike words "The Center and its Director"
DANIEL J. BOORSTIN,
and substitute words "The Director"
Librarian of Congress.
Section 7(b) after words "annual report of" strike word "its" and
AMERICAN FOLKLIFE CENTER
substitute word "the"
Section 7(b) after word "operations" insert words "of the Center"
Proposed budget 1-without grant authority-Nov. 26, 1975
Section 8 after word "Act" strike figures and words as follows:
Fiscal 1976 and 1976 transition (9 months)
$167,730 for the fiscal year ending September 30, 1976;
Salaries and benefits
$72, 000
Travel
7, 500
$710,000 for the fiscal year ending September 30, 1977: and
Communications, postage, etc
2, 250
$1,716,000 for the fiscal year ending September 30, 1978.
Printing and publications
3, 750
Other contractual services
37,500
And substitute the following:
Supplies
1, 500
$133,500 for the fiscal year 1976 and for the period from
Equipment
9, 000
July 1 through September 30. 1976; $295,000 for the fiscal
Total
133,500
year 1977, and $349,000 for the fiscal year 1978.
Fiscal 1977
Salaries and benefits
191,000
COST ESTIMATE
Travel
6, 000
Communications, postage, etc
3, 000
If amended in the Senate, H.R. 6673 would authorize appropriations
Printing and publications
12,000
to the Center in the following amounts: Fiscal 1976 and 1976 Transi-
Other contractual services
75,000
$349,000. tion (nine months), $133,500; Fiscal 1977, $295,000; and Fiscal 1978,
Supplies
3,000
Equipment
5, 000
The amount proposed in the Senate amendment for the three year
Total
295, 500
program is vastly lower than in the original House version. This is
because another amendment is proposed elsewhere in the bill which
Fiscal 1978
Salaries and benefits
206,000
would eliminate authority to give grants, loans and scholarships.
Travel
000
As passed by the House, the figures for the three years respectively
Communications, postage, etc
3, 000
would have been $167,750; $710,000 and $1,716,000.
Printing and publications
25,000
In addition, although not included in this bill. it is estimated that
Other contractual services
100,000
Supplies
additional funding in the future for the Center would be Fiscal 1979,
3, 000
Equipment
5,000
$400,000; fiscal 1980, $420,000, and fiscal 1981, $445,000.
The figures for the 6-year period are those furnished by the Library
Total
349,000
of Congress as to estimated needs. Copies of these estimates from the
1 These figures reflect current salary rates and a rate of 9½ percent for personnel
Library are attachments to this report.
benefits, as well as additional salary increases of 5 percent in October 1976 and October
1977.
S.R. 527
S.R. 527
10
AMERICAN FOLKLIFE CENTER
Projected budgets 1 -without grant authority-Dec. 5, 1975
Fiscal 1979
Salaries and benefits.
$255, 000
Travel
7, 000
Communications, postage, etc
3,000
Printing and publications
30,000
Other contractual services
100,000
Supplies
3, 000
Equipment
2, 000
Total
400,000
Fiscal 1980
Salaries and benefits
270,000
Travel
7, 000
Communications, postage, etc
3, 000
Printing and publications
35,000
Other contractual services
100,000
Supplies
3, 000
Equipment
2,000
Total
420, 000
Fiscal 1981
Salaries and benefits
285,000
Travel
7, 000
Communications, postage, etc
3,000
Printing and publications
35,000
Other contractual services
110,000
Supplies
3,000
Equipment
2,000
Total
445,000
1 These figures reflect current rates for salaries and personnel benefits, as well as addi-
tional salary increases of 5 percent each fiscal year.
S.R. 527
H. R. 6673
Ainety-fourth Congress of the United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday, the fourteenth day of January,
one thousand nine hundred and seventy-five
An Act
To provide for the establishment of an American Folklife Center in the Library
of Congress, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the American Folklife Preservation Act".
DECLARATION OF FINDINGS AND PURPOSE
SEC. 2. (a) The Congress hereby finds and declares—
(1) that the diversity inherent in American folklife has con-
tributed 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 demon-
strates 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 Gov-
ernment to support research and scholarship in American folk-
life 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 folk-
life traditions and arts.
(b) It is therefore the purpose of this Act to establish in the
Library of Congress an American Folklife Center to preserve and
present American folklife.
DEFINITIONS
SEC. 3. As used in this Act-
(1) the term "American folklife" means the traditional expres-
sive culture shared within the various groups in the United
States: familial, ethnic, occupational, religious, regional; expres-
sive 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, handi-
craft; 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 Act;
H. R. 6673-2
(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 pur-
pose of which is to encourage the development of skills, appre-
ciation, or enjoyment of American folklife among amateur,
student, or nonprofessional participants, or to promote scholar-
ship or teaching among the participants.
ESTABLISHMENT OF CENTER
SEC. 4. (a) There is hereby established in the Library of Congress
an American Folklife Center.
(b) 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, crea-
tivity, or interest in American folklife traditions and arts, and
four members appointed by the Speaker of the House of Repre-
sentatives 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 Presi-
dent pro tempore of the Senate and the Speaker of the House of Rep-
resentatives 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) 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 Repre-
sentatives, 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.
(d) 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
H. R. 6673-3
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, United States Code, for persons
in Government service employed intermittently.
(e) (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. There-
after 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 chair-
manship 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) 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, United States Code. 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) (1) The Director shall be the chief executive officer of the
Center. Subject to the direction of the Board and the general super-
vision 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.
FUNCTIONS OF THE CENTER
SEC. 5. (a) The Librarian is authorized to-
(1) enter into, in conformity with Federal procurement statutes
and regulations, contracts with individuals and groups for pro-
grams for the-
(A) initiation, encouragement, support, organization, and
promotion of research, scholarship, and training in American
folklife;
(B) initiation, promotion, support, organization, and pro-
duction of live performances, festivals, exhibits, and work-
shops related to American folklife;
(C) purchase, receipt, production, arrangement for, and
support of the production of exhibitions, displays, publica-
tions, 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;
H. R. 6673-4
(3) procure, receive, purchase, and collect for preservation or
retention in an appropriate archive creative works, exhibitions,
presentations, objects, materials, artifacts, manuscripts, publica-
tions, 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 Act 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 Act
through the Center.
LIMITATIONS ON CONTRACTS
SEC. 6. (a) No payment shall be made pursuant to this Act 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) Assistance pursuant to this Act shall not cover the cost of land
acquisition, construction, building acquisitions, or acquisition of major
equipment.
(c) No individual formerly in the employment of the Federal
Government shall be eligible to receive any assistance pursuant to
this Act, or to serve as a trustee of the Center in the two-year period
following the termination of such employment.
H. R. 6673-5
ADMINISTRATIVE PROVISIONS
SEC. 7. (a) In addition to any authority vested in it by other pro-
visions of this Act, 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 dis-
pose 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 the Act in accordance
with the provisions of chapter 51 and subchapter III of chapter
53 of such title 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, United States Code, 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, United States Code;
(6) accept and utilize the services of voluntary and noncom-
pensated personnel and reimburse them for travel expenses,
including per diem, as authorized by section 5703 of title 5,
United States Code;
(7) enter into contracts to carry out the provisions of the Act,
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 3709 of the Revised
Statutes, as amended (41 U.S.C. 5) ; and
(8) make advances, progress, and other payments which the
Board deems necessary under this Act in conformity with the
provisions of section 3648 of the Revised Statutes, as amended
(31 U.S.C. 529).
H. R. 6673-6
(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 Act, 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.
AUTHORIZATION
SEC. 8. There are authorized to be appropriated to the Center to
carry out the provisions of this Act $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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
FOR IMMEDIATE RELEASE
JANUARY 3, 1976
Office of the White House Press Secretary
THE WHITE HOUSE
STATEMENT BY THE PRESIDENT
I have signed H.R. 6673, the "American Folklife
Preservation Act."
H.R. 6673 establishes in the Library of Congress
an American Folklife Center to preserve and present
American folklife. The Center is to be directed by a
Board of Trustees composed as follows: four members
appointed by the President from among Federal officials
concerned with folklife; four members appointed each by
the President pro tempore of the Senate and the Speaker
of the House of Representatives from among private
individuals noted for their involvement in folklife;
the Librarian of Congress; the Secretary of the
Smithsonian; the Chairmen of the National Endowments
for the Arts and the Humanities and the Director of the
Center.
The Center is authorized to enter into contracts
for activities including research, scholarship, training,
publications, exhibits, workshops and educational projects
for classroom and general usage. It will also establish
and maintain a national archive and center for American
folklife, collect specific types of works for preservation
in the archive and loan such works to the public.
I have serious reservations concerning the constitutional
propriety of placing the functions to be performed by the
Center outside the Executive branch and the assignment of
executive duties to officers appointed by Congress. How-
ever, given historical practice and custom in the area of
cultural and educational affairs and the potential of
H.R. 6673 to enrich the cultural life of the nation, I
am granting my approval to the measure.
#
#
#
#
December 22, 1975
Dear Mr. Director:
The following bills were received at the White
House on December 22nd:
H.J. Res.
749
M.R. 8304
H.R. 11184
H.R. 4016
H.R. 9968
S.J. Bes. 157
H.R. 4287
H.R. 10035
8. 95
H.R. 4573
H.R. 10284
S. 322
H.R. 5900
H.R. 10355
8. 1469
H.R. 6673
H.R. 10727
S. 2327
Please let the President have reports and
recommendations as to the approval of these bills
as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D. C.