[House Report 104-710]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-710
_______________________________________________________________________


 
              REPEAL OF AMERICAN FOLKLIFE PRESERVATION ACT

                                _______
                                

 July 26, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


   Mr. Thomas, from the Committee on House Oversight, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3491]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on House Oversight, to whom was referred the 
bill (H.R. 3491) to repeal the American Folklife Preservation 
Act, having considered the same, report favorably thereon with 
an amendment and recommend that the bill as amended do pass.
  The amendment (stated in terms of the page and line numbers 
of the introduced bill) is as follows:
  Page 3, line 5, strike out ``third'' and insert in lieu 
thereof ``second''.

                           General Discussion

  H.R. 3491 allows for the creation of the American Folklife 
Division at the Library of Congress by authorizing the 
Librarian of Congress to continue to provide the functions of 
collection, preservation, reference and archiving of an 
American folklife collection. It repeals the American Folklife 
Preservation Act and abolishes the American Folklife Center at 
the Library of Congress.
  The bill reflects the Librarian's proposal to integrate the 
American Folklife Center's collections into the general 
operations of the Library. The proposal, supported by the 
Committee, is outlined in a May 16, 1996 letter from Dr. James 
Billington, Librarian of Congress to the Chairman of the 
Committee. As presented to and approved by the Committee, the 
Librarian will--
          (1) restructure the folklife collection to focus on 
        core collection-based activities, such as acquisitions, 
        preservation, and reference assistance, which is 
        consistent with other special collection divisions in 
        the Library;
          (2) require any programmatic and outreach activities 
        associated with the collection to be supported by 
        private funding;
          (3) downsize the Center's staffing supported by 
        appropriated funds from 14 to 10 positions, with a 
        commensurate budget reduction of $150,000-$200,000;
          (4) replace the Center's Board of Trustees with a 
        ``Friends'' group to assist with fundraising efforts, 
        using the successful model of other special collection 
        divisions; and
          (5) change the name of the American Folklife Center 
        to the American Folklife Division to reflect the 
        restructuring.
  The Committee believes that this approach is the best method 
to preserve and strengthen the Library's extensive folklife 
collections and to achieve savings responsibly by reducing 
Federal funding for activities unrelated to the core 
collections-based library functions.

Preserving the American Folklife Collections

  The Library of Congress has maintained a collection of 
American folklife since 1928. The comprehensive collection, 
which now numbers over 1.5 million items, encompasses a broad 
range of folklife materials including photographs, recordings, 
film and manuscripts and covers all regions, states and 
cultural traditions in the United States. For example, the 
collections include wax cylinder recordings of music and 
stories of Passamaquoddy Indians in Maine, music and stories of 
migrant workers from the Depression, photographs of blues 
musicians, cowboy music and tales of pioneer life.
  The Library's Folklife Reading Room is the only reading room 
in the country that has full and complete public access to 
folklife collections and publications, together with formal 
public reference services. In 1994, the Reading Room was used 
by nearly 9,000 researchers.
  The Committee recognizes the importance of continuing to 
preserve and strengthen these unique and diverse resources and 
expects the Library to honor its commitment to establish and 
support an American Folklife Division. The Committee intends to 
review the status of the folklife collections as part of its 
ongoing oversight of Library operations.
  The Committee believes that integrating the folklife 
collections into the general operations of the Library offers 
the best assurance for preserving the collections. The 
legislation establishing the American Folklife Center at the 
Library required periodic congressional reauthorization. In 
recent years, congressional approval has been difficult to 
achieve, which is reflected in reauthorization legislation 
freezing funding levels for the Center since 1992 and the lack 
of reauthorization legislation since its expiration in 1995.

Achieving Responsible Savings

  While recognizing the importance of the folklife collections, 
the Committee also believes that savings can and should be 
realized at the Library. Rather than a wholesale elimination of 
the activities associated with the American Folklife Center, 
H.R. 3491 reflects a thoughtful, responsible approach to 
achieving savings.
  The American Folklife Center performed both collections-based 
activities, including acquisitions, processing, reference, 
preservation and archiving, and programmatic activities, such 
as conducting original field research and arranging concerts 
and exhibits. In examining areas to achieve savings, the 
Committee agreed with the Librarian's recommendation to 
differentiate between collections-based activities, which 
continue to be supported by taxpayer funds, and programmatic 
activities which are to be funded solely from private sources.
  By adopting this public-private partnership approach, the 
Library will be able to reduce staff paid by appropriated funds 
by four positions and achieve a commensurate budget reduction 
of up to $200,000. It is important to note that the Library has 
successfully used this model in other special collection areas 
of the Library. The Committee believes that the Library will be 
able to raise significant private funds to support additional 
outreach activities associated with the collection. This belief 
is fostered by the rapid increase in fundraising support for 
the American Folklife Center which has more than doubled since 
1993.

                            Committee Action

  On May 23, 1996, by voice vote, a quorum being present, the 
Committee agreed to a motion to report the bill favorably to 
the House, as amended. There was one technical amendment to the 
bill.

                             Rollcall Votes

  The Committee states, with respect to clause 2(l)(2)(B) of 
rule XI of the Rules of the House of Representatives, that 
there were no rollcall votes relating to the bill.

                      Committee Oversight Findings

  In compliance with clause 2(l)(3)(A) of rule XI of the Rules 
of the House of Representatives, the Committee states that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

            Statement on Budget Authority and Related Items

  The bill does not provide new budget authority, new spending 
authority, new credit authority, or an increase or decrease in 
revenues or tax expenditures and a statement under clause 
2(l)(3)(B) of rule XI of the Rules of the House of 
Representatives and section 308(a)(1) of the Congressional 
Budget Act of 1974 is not required.

               Congressional Budget Office Cost Estimate

  In compliance with clause 2(l)(3)(C) of rule XI of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, the following estimate and comparison 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 23, 1996.
Hon. William M. Thomas,
Chairman, Committee on House Oversight, U.S. House of Representatives, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 3491, as ordered reported by the Committee on 
House Oversight on May 23, 1996. H.R. 3491 would abolish the 
American Folklife Center in the Library of Congress and would 
repeal the American Folklife Preservation Act effective on 
October 1, 1996. Compared to current law, this bill would have 
no budgetary effects, because these programs are now authorized 
only through fiscal year 1996. The center received an 
appropriation of $891,800 in fiscal year 1996.
    Enhancement of H.R. 3491 would not affect direct spending 
or receipts. Therefore, pay-as-you-go procedures would not 
apply to the bill.
    H.R. 3491 contains no intergovernmental or private-sector 
mandates as defined by the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4) and would have no significant impact on the 
budgets of state, local, or tribal governments.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                         June E. O'Neill, Director.

   Oversight Findings of Committee on Government Reform and Oversight

  The Committee states, with respect to clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, that the 
Committee on Government Reform and Oversight did not submit 
findings or recommendations based on investigations under 
clause 4(c)(2) of rule X of the Rules of the House of 
Representatives.

                     Inflationary Impact Statement

  In compliance with clause 2(l)(4) of rule XI of the Rules of 
the House of Representatives, the Committee states that the 
bill will have no inflationary impact on prices and costs in 
the operation of the national economy.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, existing law in 
which no change is proposed is shown in roman):

                   AMERICAN FOLKLIFE PRESERVATION ACT

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 contributed greatly to the cultural richness of the 
        Nation and has fostered a sense of individuality and 
        identity among the American people;
          [(2) that the history of the United States 
        effectively demonstrates that building a strong nation 
        does not require the sacrifice of cultural differences;
          [(3) that American folklife has a fundamental 
        influence on the desires, beliefs, values, and 
        character of the American people;
          [(4) that it is appropriate and necessary for the 
        Federal Government to support research and scholarship 
        in American folklife in order to contribute to an 
        understanding of the complex problems of the basic 
        desires, beliefs, and values of the American people in 
        both rural and urban areas;
          [(5) that the encouragement and support of American 
        folklife, while primarily a matter for private and 
        local initiative, is also an appropriate matter of 
        concern to the Federal Government; and
          [(6) that it is in the interest of the general 
        welfare of the Nation to preserve, support, revitalize, 
        and disseminate American folklife traditions and arts.
  [(b) It is therefore the purpose of this 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 expressive culture shared within the 
        various groups in the United States: familial, ethnic, 
        occupational, religious, regional; expressive culture 
        includes a wide range of creative and symbolic forms 
        such as custom, belief, technical skill, language, 
        literature, art, architecture, music, play, dance, 
        drama, ritual, pageantry, handicraft; these expressions 
        are mainly learned orally, by imitation, or in 
        performance, and are generally maintained without 
        benefit of formal instruction or institutional 
        direction;
          [(2) the term ``Board'' means the Board of Trustees 
        of the Center;
          [(3) the term ``Center'' means the American Folklife 
        Center established under this Act;
          [(4) the term ``group'' includes any State or public 
        agency or institution and any nonprofit society, 
        institution, organization, association, or 
        establishment in the United States;
          [(5) the term ``Librarian'' means the Librarian of 
        Congress;
          [(6) the term ``State'' includes, in addition to the 
        several States of the Union, the Commonwealth of Puerto 
        Rico, the District of Columbia, Guam, American Samoa, 
        and the Virgin Islands; and
          [(7) the term ``workshop'' means an activity the 
        primary purpose of which is to encourage the 
        development of skills, appreciation, or enjoyment of 
        American folklife among amateur, student, or 
        nonprofessional participants, or to promote scholarship 
        or teaching among the participants.

                        [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, creativity, or interest 
        in American folklife traditions and arts, and four 
        members appointed by the Speaker of the House of 
        Representatives from among such individuals;
          [(3) the Librarian of Congress;
          [(4) the Secretary of the Smithsonian Institution;
          [(5) the Chairman of the National Endowment for the 
        Arts;
          [(6) the Chairman of the National Endowment for the 
        Humanities; and
          [(7) the Director of the Center.
In making appointments from private life under clause 2, the 
President pro tempore of the Senate and the Speaker of the 
House of Representatives shall give due consideration to the 
appointment of individuals who collectively will provide 
appropriate regional balance on the Board. Not more than three 
of the members appointed by the President pro tempore of the 
Senate or by the Speaker of the House of Representatives may be 
affiliated with the same political party.
  [(c) 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 
Representatives, two for terms of two years, four for terms of 
four years, and two for terms of six years; and (2) any member 
appointed to fill a vacancy occurring prior to the expiration 
of the term to which his predecessor was appointed shall be 
appointed for the remainder of such term. Members appointed by 
the President under clause (1) of subsection (b) shall serve 
only during the time they are officials of Federal departments 
and agencies concerned with some aspect of American folklife 
traditions and arts.
  [(d) 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 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. Thereafter each Chairman and Vice Chairman 
shall be elected for a term of two years. The Vice Chairman 
shall perform the duties of the Chairman in his absence. In 
case of a vacancy occurring in the chairmanship or vice-
chairmanship, the Board shall elect a member to fill the 
vacancy for the remainder of the unexpired term.
  [(2) A majority of the members of the Board shall constitute 
a quorum.
  [(f) 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 supervision of the Librarian, the Director shall have 
responsibility for carrying out functions of the Center, and 
shall have authority over all personnel and activities of the 
Center.
  [(2) The Deputy Director shall perform such functions as the 
Director, with the approval of the Librarian, may prescribe, 
and shall serve as Acting Director during the absence or 
disability of the Director or in the event of a vacancy in the 
office of the Director.

                        [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 programs for the--
                  [(A) initiation, encouragement, support, 
                organization, and promotion of research, 
                scholarship, and training in American folklife;
                  [(B) initiation, promotion, support, 
                organization, and production of live 
                performances, festivals, exhibits, and 
                workshops related to American folklife;
                  [(C) purchase, receipt, production, 
                arrangement for, and support of the production 
                of exhibitions, displays, publications, and 
                presentations (including presentations by still 
                and motion picture films, and audio and visual 
                magnetic tape recordings) which represent or 
                illustrate some aspect of American folklife; 
                and
                  [(D) purchase, production, arrangement for, 
                and support of the production of exhibitions, 
                projects, presentations, and materials 
                specially designed for classroom use 
                representing or illustrating some aspect of 
                American folklife;
          [(2) establish and maintain in conjunction with any 
        Federal department, agency, or institution a national 
        archive and center for American folklife;
          [(3) procure, receive, purchase, and collect for 
        preservation or retention in an appropriate archive 
        creative works, exhibitions, presentations, objects, 
        materials, artifacts, manuscripts, publications, and 
        audio and visual records (including still and motion 
        picture film records, audio and visual magnetic tape 
        recordings, written records, and manuscripts) which 
        represent or illustrate some aspect of American 
        folklife;
          [(4) loan, or otherwise make available, through 
        Library of Congress procedures, any item in the archive 
        established under this 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.

                       [administrative provisions

  [Sec. 7. (a) In addition to any authority vested in it by 
other provisions 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 dispose of 
        such property for the purpose of carrying out its 
        functions, without reference to Federal property 
        disposal statutes;
          [(3) in the discretion of the Board of Trustees, 
        receive (and use, sell, or otherwise dispose of, in 
        accordance with clause (2)) money and other property 
        donated, bequeathed, or devised to the Center with a 
        condition or restriction, including a condition that 
        the Center use other funds of the Center for the 
        purpose of the gift;
          [(4) appoint and fix the compensation of such 
        personnel as may be necessary to carry out the 
        provisions of 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 
        noncompensated 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).
  [(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, $349,000 
for the fiscal year 1978, $685,000 for the fiscal year ending 
September 30, 1979, $1,065,000 for the fiscal year ending 
September 30, 1980, $1,355,000 for the fiscal year ending 
September 30, 1981, $740,000 for the fiscal year ending 
September 30, 1982, $890,000 for the fiscal year ending 
September 30, 1983, $990,000 for the fiscal year ending 
September 30, 1984, $838,549 for the fiscal year ending 
September 30, 1985, $867,898 for the fiscal year ending 
September 30, 1986, $867,900 for the fiscal year ending 
September 30, 1987, $919,974 for the fiscal year ending 
September 30, 1988, $975,172 for the fiscal year ending 
September 30, 1989, $998,000 for the fiscal year ending 
September 30, 1990, $1,050,100 for the fiscal year ending 
September 30, 1991, $1,120,000 for the fiscal year ending 
September 30, 1992, $1,120,000 for the fiscal year ending 
September 30, 1993, $1,120,000 for the fiscal year ending 
September 30, 1994, and $1,120,000 for the fiscal year ending 
September 30, 1995.]

                            Federal Mandates

  The Committee states, with respect to section 423 of the 
Congressional Budget Act of 1974, that the bill does not 
include any Federal mandate.