93D CONGRESS
1ST SESSION

S. 1844

IN THE SENATE OF THE UNITED STATES
MAY 17,1973
Mr. ABOUREZK (for himself, Mr. BROCK, Mr. CASE, Mr. COOK, Mr. CRANSTON, Mr. FULBRIGHT, Mr. GRAVEL, Mr. HATFIELD, Mr. JOHNSTON, Mr. MCGEE, Mr. MCGOVERN, Mr. PERCY, Mr. RANDOLPH, and Mr. TALMADGE) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration

A BILL
To provide for the establishment of an American Folklife Center in the Library of Congress, and for other purposes.

1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as the "American Folklife
4 Preservation Act".
5 DECLARATION OF FINDINGS AND PURPOSE
6 SEC. 2. (a) The Congress hereby finds and declares-
7 (1) that the diversity inherent in American folk-
8 life has contributed greatly to the cultural richness of
9 the Nation and has fostered a sense of individuality and
10 identity among the American people;

VII-O


(page 2)
2

1 (2) that the history of the United States effectively
2 demonstrates that building a strong nation does not
3 require the sacrifice of cultural differences;
4 (3) that American folklife has a fundamental
5 influence on the desires, beliefs, values, and character
6 of the American people;
7 (4) that it is appropriate and necessary for the Fed-
8 eral Government to support research and scholarship in
9 American folklife in order to contribute to an under-
10 standing of the complex problems of the basic desires,
11 beliefs, and values of the American people in both rural
12 and urban areas;
13 (5) that the encouragement and support of Ameri-
14 can folklife, while primarily a matter for private and
15 local initiative, is also an appropriate matter of concern
16 to the Federal Government; and
17 (6) that it is in the interest of the general welfare
18 of the Nation to preserve, support, revitalize, and dis-
19 seminate American folklife traditions and arts.
20 (b) It is therefore the purpose of this Act to establish in
21 the Library of Congress an American Folklife Center to de-
22 velop, promote, and implement a program of support for
23 American folklife.
24 DEFINITIONS
25 SEC. 3. As used in this Act-


(page 3)
3

1 (1) the term "American folklife" means the tradi-
2 tional customs, beliefs, dances, songs, tales, sayings, art,
3 crafts, and other expressions of the spirit common to a
4 group of people within any area of the United States, and
5 includes music (vocal and instrumental), dance, drama,
6 lore, beliefs, language, humor, handicraft, painting, sculp-
7 ture, architecture, other forms of creative and artistic ex-
8 pression, and skills related to the preservation, presenta-
9 tion, performance, and exhibition of the cultural heritage
10 of any family, ethnic, religious, occupational, racial, re-
11 gional, or other grouping of American people;
12 (2) the term "Board" means the Board of Trustees
13 of the Center;
14 (3) the term "Center" means the American Folklife
15 Center established under this Act;
16 (4) the term "group" includes any State or public
17 agency or institution and any nonprofit society, institu-
18 tion, organization, association, or establishment in the
19 United States;
20 (5) the term "Librarian" means the Librarian of
21 Congress;
22 (6) the term "State" includes, in addition to the
23 several States of the Union, the Commonwealth of Puerto
24 Rico, the District of Columbia, Guam, American Samoa,
25 and the Virgin Islands; and


(page 4)
4

1 (7) the term "workshop" means an activity the pri-
2 mary purpose of which is to encourage the development
3 of skills, appreciation, or enjoyment of American folklife
4 among amateur, student, or nonprofessional participants,
5 or to promote scholarship or teaching among the
6 participants.
7 ESTABLISHMENT OF CENTER
8 SEC. 4. (a) There is hereby established in the Library
9 of Congress an American Folklife Center.
10 (b) The Center shall be subject to the supervision and
11 direction of a Board of Trustees. The Board shall be com-
12 posed as follows-
13 (1) four members appointed by the President from
14 among individuals who are officials of Federal depart-
15 ments and agencies concerned with some aspect of
16 American folklife traditions and arts;
17 (2) eight members appointed by the Librarian of
18 Congress from among individuals from private life who
19 are widely recognized by virtue of their scholarship,
20 experience, creativity, or interest in American folklife
21 traditions and arts;
22 (3) the Librarian of Congress;
23 (4) the Secretary of the Smithsonian Institution;
24 (5) the Chairman of the National Endowment for
25 the Arts;


(page 5)
5

1 (6) the Chairman of the National Endowment for
2 the Humanities; and
3 (7) the Director of the Center.
4 In making appointments from private life under clause 2,
5 the Librarian shall give due consideration to the appoint-
6 ment of individuals who collectively will provide appropri-
7 ate regional balance on the Board.
8 (c) The term of office of each appointed member of the
9 Board shall be six years; except that (1) (A) the members
10 first appointed under clause (1) of subsection (b) shall serve
11 as designated by the President, one for a term of two years,
12 two for a term of four years, and one for a term of six years,
13 and (B) the members first appointed under clause (2) of
14 subsection (b) shall serve as designated by the Librarian,
15 two for terms of two years, four for terms of four years,
16 and two for terms of six years; and (2) any member ap-
17 pointed to fill a vacancy occurring prior to the expiration
18 of the term to which his predecessor was appointed shall be
19 appointed for the remainder of such term.
20 (d) Members of the Board who are not regular full-
21 time employees of the United States shall be entitled, while
22 serving on business of the Center, to receive compensation
23 at rates fixed by the Librarian, but not exceeding $100 per
24 diem, including traveltime; and while so serving away from
25 their homes or regular places of business, they may be al-


(page 6)
6

1 lowed travel expenses, including per diem in lieu of subsist-
2 ence, as authorized by section 5703 of title 5, United States
3 Code, for persons in Government service employed intermit-
4 tently.
5 (e) (1) The Librarian shall call the first meeting of
6 the Board, at which the first order of business shall be the
7 election of a Chairman and a Vice Chairman, who shall
8 serve for a term of one year. Thereafter each Chairman and
9 Vice Chairman shall be elected for a term of two years. The
10 Vice Chairman shall perform the duties of the Chairman
11 in his absence. In case of a vacancy occurring in the chair-
12 manship or vice-chairmanship, the Board shall elect a mem-
13 ber to fill the vacancy for the remainder of the unexpired
14 term.
15 (2) A majority of the members of the Board shall con-
16 stitute a quorum.
17 (f) After consultation with the Board, the Librarian
18 shall appoint the Director of the Center. The basic pay of
19 the Director shall be at a per year rate equal to the rate
20 of pay provided for level V of the Executive Schedule
21 under section 5316 of title 5, United States Code. The Li-
22 ibrarian upon the recommendation of the Director shall
23 appoint a Deputy Director of the Center. The basic pay
24 of the Deputy Director shall be fixed at a rate not to exceed


(page 7)
7

1 GS-18 of the General Schedule under section 5332 of such
2 title.
3 (g) (1) The Director shall be the chief executive officer
4 of the Center. He shall carry out the programs of the Center
5 subject to the supervision and direction of the Board, and
6 shall carry out such functions as the Board may delegate
7 to him consistent with the provisions of this Act.
8 (2) The Deputy Director shall perform such functions
9 as the Director, with the approval of the Librarian, may
10 prescribe, and shall serve as Acting Director during the
11 absence or disability of the Director or in the event of a
12 vacancy in the office of the Director.
13 FUNCTIONS OF THE CENTER
14 SEC. 5. The Center and its director are authorized to-
15 (1) enter into, without regard to Federal procure-
16 ment statutes and regulations, contracts with, make
17 grants and loans to, and award scholarships to individuals
18 and groups for programs for the-
19 (A) initiation, encouragement, support, organi-
20 zation, and promotion of research, scholarship, and
21 training in American folklife;
22 (B) initiation, promotion, support, organiza-
23 tion, and production of live performances, festivals,


(page 8)
8

1 exhibits, and workshops related to American folk-
2 life;
3 (C) purchase, receipt, production, arrangement
4 for, and support of, the production of exhibitions.
5 displays, and presentations (including presentations
6 by still and motion picture films, and audio and vis-
7 ual magnetic tape recordings) which represent or
8 illustrate some aspect of American folklife; and
9 (D) purchase, production, arrangement for,
10 and support of, the production of exhibitions, proj-
11 ects, presentations, and materials specially designed
12 for classroom use representing or illustrating some
13 aspect of American folklife;
14 (2) establish and maintain in conjunction with any
15 Federal department, agency, or institution a national
16 archive and center for American folklife;
17 (3) procure, receive, purchase, and collect for pres-
18 ervation or retention in an appropriate archive creative
19 works, exhibitions, presentations, objects, materials, arti-
20 facts, and audio and visual records (including still and
21 motion picture film records, audio and visual magnetic
22 tape recordings, written records, and manuscripts) which
23 represent or illustrate some aspect of American folklife;
24 (4) loan, or otherwise make available, through


(page 9)
9

1 Library of Congress procedures, any item in the archive
2 established under this Act to any individual or group;
3 (5) present, display, exhibit, disseminate, commu-
4 nicate, and broadcast to local, regional, State, or Na-
5 tional audiences any exhibition, display, or presenta-
6 tion referred to in clause (3) of this section or any item
7 in the archive established pursuant to clause (2) of
8 this section, by making appropriate arrangements, in-
9 cluding contracts, loans, and grants with public, non-
10 profit, and private radio and television broadcasters,
11 museums, educational institutions, and such other indi-
12 viduals and organizations, including corporations, as the
13 Board deems appropriate;
14 (6) loan, lease, or otherwise make available to pub-
15 lic, private, and nonprofit educational institutions such
16 exhibitions, programs, presentations, and material de-
17 veloped pursuant to clause (1) (D) of this subsection
18 as the Board deems appropriate; and
19 (7) develop and implement other appropriate pro-
20 grams to preserve, support, revitalize, and disseminate
21 American folklife.
22 LIMITATIONS ON GRANTS
23 SEC. 6. (a) No payment shall be made pursuant to this
24 Act to carry out any research or training over a period in


(page 10)
10

1 excess of two years, except that with the concurrence of at
2 least two-thirds of the members of the Board of the Center
3 such research or training may be carried out over a period of
4 not to exceed five years.
5 (b) Assistance pursuant to this Act shall not cover the
6 cost of land acquisition, construction, building acquisitions,
7 or acquisition of major equipment.
8 (c) No individual formerly in the employment of the
9 Federal Government shall be eligible to receive any grant
10 or other assistance pursuant to this Act, or to serve as a
11 trustee of the Center in the two-year period following the
12 termination of such employment.
13 ADMINISTRATIVE PROVISIONS
14 SEC. 7. (a) In addition to any authority vested in it by
15 other provisions of this Act, the Center, and its Director, in
16 carrying out its functions, is authorized to-
17 (1) prescribe such regulations as it deems neces-
18 sary;
19 (2) receive money and other property donated,
20 bequeathed, or devised, without condition or restric-
21 tion other than that it be for the purposes of the Center
22 and to use, sell, or otherwise dispose of such property
23 for the purpose of carrying out its functions, without
24 reference to Federal property disposal statutes;
25 (3) in the discretion of the Center, receive (and


(page 11)
11

1 use, sell, or otherwise dispose of, in accordance with
2 clause (2) ) money and other property donated, be-
3 queathed, or devised to the Center with a condition or
4 restriction, including a condition that the Center use
5 other funds of the Center for the purpose of the gift;
6 (4) appoint and fix the compensation of such per-
7 sonnel as may be necessary to carry out the provisions
8 of the Act in accordance with the provisions of title 5,
9 United States Code, governing appointments in the
10 competitive service, and the provisions of chapter 51
11 and subchapter III of chapter 53 of such title relating
12 to classification and General Schedule pay rates, ex-
13 cept that the Center may appoint and fix the compen-
14 sation of a reasonable number of personnel without
15 regard to the provisions of title 5, United States Code,
16 governing appointments in the competitive service, and
17 without regard to the provisions of chapter 51 and sub-
18 chapter III of chapter 53 of such title relating to
19 classification and General Schedule pay rates, but no
20 individual so appointed shall receive compensation in
21 excess of the rate received by the Deputy Director of
22 the Center;
23 (5) obtain the services of experts and consultants in
24 accordance with the provisions of section 3109 of title 5,


(page 12)
12

1 United States Code, at rates for individuals not to ex-
2 ceed $100 per diem;
3 (6) accept and utilize the services of voluntary and
4 noncompensated personnel and reimburse them for travel
5 expenses, including per diem, as authorized by section
6 5703 of title 5, United States Code;
7 (7) enter into contracts, grants, or other arrange-
8 ments, or modifications thereof, to carry out the provi-
9 sions of the Act, and such contracts or modifications
10 thereof may, with the concurrence of two-thirds of the
11 members of the Board, be entered into without per-
12 formance or other bonds and without regard to sec-
13 tion 3709 of the Revised Statutes, as amended (41
14 U.S.C, 5); and
15 (8) make advances, progress, and other payments
16 which the Board deems necessary under this Act with-
17 out regard to the provisions of section 3648 of the Re-
18 vised Statutes, as amended (31 U.S.C. 529).
19 (b) The Center and its Director shall submit to the
20 Librarian for inclusion in the annual report of the Library of
21 Congress to the Congress an annual report of its operations
22 under this Act, which shall include a detailed statement of all
23 private and public funds received and expended by it, and
24 such recommendations as the Center deems appropriate.


(page 13)
13

1 AUTHORIZATION
2 SEC. 8. There are authorized to be appropriated to the
3 Center such sums as may be necessary to carry out the provi-
4 sions of this Act.


(page 14)
93D CONGRESS
1ST SESSION

S. 1844

A BILL
To provide for the establishment of an American Folklife Center in the Library of Congress, and for other purposes.

By Mr. ABOUREZK, Mr. BROCK, Mr. CASE, Mr. COOK, Mr. CRANSTON, Mr. FULBRIGHT, Mr. GRAVEL, Mr. HATFIELD, Mr. JOHNSTON, Mr. McGEE, Mr. McGOVERN, Mr. PERCY, Mr. RANDOLPH, and Mr. TALMADGE

MAY 17, 1973
Read twice and referred to the Committee on Rules and Administration