II

105TH CONGRESS

2D SESSION S. 1971

To amend the American Folklife Preservation Act to permanently authorize

the American Folklife Center of the Library of Congress.

IN THE SENATE OF THE UNITED STATES

APRIL 23, 1998

Mr. COCHRAN introduced the following bill; which was read twice and referred

to the Committee on Rules and Administration

A BILL

To amend the American Folklife Preservation Act to permanently authorize the American Folklife Center of the

Library of Congress.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS AND PURPOSE.

4 (a) FINDINGS.—Congress makes the following find5 ings:

6 (1) The American Folklife Center in the Li7 brary of Congress was created by Congress in 1976,

8 building on the vast expertise and archival material

9 existing at the Library since 1928.
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1 (2) As an instrumentality of the Congress, it is

2 fitting that the American Folklife Center should

3 have a direct and close relationship with the rep4 resentatives of the people, who are best able to over5 see the ongoing activities of the Center to preserve

6 and promote the cultural traditions of the people,

7 and to ensure that the resources of the Center be

8 readily available to all Americans.

9 (3) In over 20 years since its creation, the

10 American Folklife Center in the Library of Congress

11 has—

12 (A) increased the size of the Archive of

13 Folk Culture from 500,000 to 1,500,000 multi14 format ethnographic items;

15 (B) engaged in 15 cultural surveys and

16 field documentation projects in all regions of

17 the country;

18 (C) provided publications, documentary

19 equipment on loan, and advisory and reference

20 service to persons and institutions in all 50

21 States;

22 (D) produced exhibitions and other edu23 cational programs on American Folklife at the

24 Library and around the country;
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1 (E) begun sharing its unique collections in

2 digital form via the Internet; and

3 (F) served as a national center for the pro4 fessions of folklore, ethnomusicology, and cul5 tural studies.

6 (4) Congress has consistently provided encour7 agement and support of American Folklife as an ap8 propriate matter of concern to the Federal Govern9 ment, passing legislation to reauthorize the Center 8

10 times since its creation in 1976.

11 (5) The American Folklife Center is the only

12 unit in the Library of Congress which is not perma13 nently authorized. Since its establishment in 1976,

14 the Center’s collections and activities have been fully

15 and successfully integrated into the Library of Con16 gress. It is useful to statutorily conform the Amer17 ican Folklife Center with the rest of the Library of

18 Congress.

19 (b) PURPOSE.—It is the purpose of this Act to au20 thorize permanently the American Folklife Center in the

21 Library of Congress to preserve and present American

22 Folklife.

23 SEC. 2. REAUTHORIZATION AND AMENDMENT.

24 (a) BOARD OF TRUSTEES; APPOINTMENT AND COM25 PENSATION OF DIRECTOR; ELIMINATION OF DEPUTY DI-
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1 RECTOR POSITION.—Section 4 of the American Folklife

2 Preservation Act (20 U.S.C. 2103) is amended—

3 (1) by striking subsection (b) and inserting the

4 following:

5 ‘‘(b)(1) The Center shall be under the direction of

6 a Board of Trustees. The Board shall be composed as fol7 lows—

8 ‘‘(A) four members appointed by the President

9 from among individuals who are officials of Federal

10 departments and agencies concerned with some as11 pect of American Folklife traditions and arts;

12 ‘‘(B) four members appointed by the President

13 pro tempore of the Senate from among individuals

14 from private life who are widely recognized by virtue

15 of their scholarship, experience, creativity, or inter16 est in American Folklife traditions and arts, and

17 four members appointed by the Speaker of the

18 House of Representatives from among such individ19 uals;

20 ‘‘(C) four members appointed by the Librarian

21 of Congress from among individuals who are widely

22 recognized by virtue of their scholarship, experience,

23 creativity, or interest in American folklife traditions

24 and arts;

25 ‘‘(D) the Librarian of Congress;
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1 ‘‘(E) the Secretary of the Smithsonian Institu2 tion;

3 ‘‘(F) the Chairman of the National Endowment

4 for the Arts;

5 ‘‘(G) the Chairman of the National Endowment

6 for the Humanities;

7 ‘‘(H) the President of the American Folklore

8 Society;

9 ‘‘(I) the President of the Society for

10 Ethnomusicology; and

11 ‘‘(J) the Director of the Center.

12 ‘‘(2) In making appointments from private life under

13 paragraph (1)(B), the President pro tempore of the Sen14 ate and the Speaker of the House of Representatives shall

15 give due consideration to the appointment of individuals

16 who collectively will provide appropriate diversity and re17 gional balance on the Board. Not more than 3 of the mem18 bers appointed by the President pro tempore of the Senate

19 or by the Speaker of the House of Representatives may

20 be affiliated with the same political party.

21 ‘‘(3) In making appointments under paragraph

22 (1)(C), the Librarian of Congress shall include at least

23 2 members who direct or are members of the boards of

24 major American folklife organizations other than the
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1 American Folklore Society and the Society for

2 Ethnomusicology.’’;

3 (2) by striking subsection (d) and inserting the

4 following:

5 ‘‘(d) Members of the Board shall serve without pay,

6 but members who are not regular full-time employees of

7 the United States may, at the discretion of the Librarian,

8 be reimbursed for the actual and necessary traveling and

9 subsistence expenses incurred by them in the performance

10 of the duties of the Board.’’;

11 (3) in subsection (e)—

12 (A) in the fourth sentence of paragraph

13 (1), by inserting ‘‘currently serving’’ after

14 ‘‘Board’’; and

15 (B) by adding at the end the following:

16 ‘‘(3) The Board shall meet at least once each fiscal

17 year.’’;

18 (4) by striking subsection (f) and inserting the

19 following:

20 ‘‘(f) After consultation with the Board, the Librarian

21 shall appoint the Director of the Center. The basic pay

22 of the Director shall be at an annual rate that is not less

23 than an amount equal to 120% of the minimum rate of

24 basic pay payable for GS–15 of the General Schedule nor

25 more than an amount equal to the pay payable under level
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1 IV of the Executive Schedule under section 5315 of title

2 5.’’; and

3 (5) in subsection (g)—

4 (A) in paragraph (1), by striking the para5 graph designation; and

6 (B) by striking paragraph (2).

7 (b) ADMINISTRATIVE PROVISIONS.—Section 7(a)(4)

8 of the American Folklife Preservation Act (20 U.S.C.

9 2106(a)(4)) is amended by striking ‘‘, but no individual

10 so appointed shall receive compensation in excess of the

11 rate received by the Deputy Director of the Center’’.

12 SEC. 3. PERMANENT AUTHORIZATION OF APPROPRIA13 TIONS.

14 Section 8 of the American Folklife Preservation Act

15 (20 U.S.C. 2107) is amended to read as follows:

16 ‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

17 ‘‘There are authorized to be appropriated to the Cen18 ter to carry out this Act such sums as may be necessary

19 for each fiscal year.’’.

20 SEC. 4. BOARD OF TRUSTEES, TRANSITION PERIOD.

21 The term of office of members of the Board of Trust22 ees appointed by the Librarian of Congress under the

23 amendments made by section 2(a) shall be 6 years, except

24 that—
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1 (1) of the 4 members first appointed by the Li2 brarian, 1 shall serve for a term of 2 years, 2 for

3 a term of 4 years, and 1 for a term of 6 years;

4 (2) any member appointed to fill a vacancy oc5 curring prior to expiration of the term to which his

6 or her predecessor was appointed shall be appointed

7 for the remainder of such term; and

8 (3) the terms of the Presidents of the American

9 Folklore Society and the Society for

10 Ethnomusicology shall be coterminous with their

11 terms of office.

Æ