AMERICAN REVOLUTION BICENTENNIAL

ADMINISTRATION

WEDNESDAY, JULY 11, 1973

U.S. SENATE,

SUBCOMMITTEE ON FEDERAL CHARTERS,

HOLIDAYS, AND CELEBRATIONS,

OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C.

The subcommittee met, pursuant to recess, at 11 a.m., in room 2228, New Senate Office Building, Senator Roman L. Hruska (chairman), presiding.

Present: Senator Hruska (presiding).

Also present: Senator Mathias, Tom Collins, subcommittee counsel.

Senator HRUSKA. The subcommittee will come to order.

The chairman apologizes for the delay. We have three committees, subcommittee of this committee, meeting simultanously. Somehow or another, we cannot divide ourselves into two, each part going to a separate meeting.

The Subcommittee on Federal Charters, Holidays, and Celebrations of the Committee on the Judiciary commences hearings today on H.R. 7446.

This bill is designed to provide for a new organization to assume the functions and responsibilities of the present American Revolution Bicentennial Commission. This bill passed the House of Representatives on June 7.

Extensive oversight hearings on the American Revolution Bicentennial Commission were held by this subcommittee during August 1 and 2, 1972. On March 14 and 15 of this year, Subcommittee No. 2 of the House Judiciary Committee held hearings on proposals to restructure the Commission.

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These public hearings have provided Congress with an exhaustive background on the activities and progress of the Commission in fulfilling its mission to aid in the celebration of the American Revolution Bicentennial in 1976.

During the hearing today, we expect to have testimony as to the progress of the Bicentennial effort and the need for new legislation. This hearing will be an opportunity for those who have various and diverse ideas to comment on the merits of H.R. 7446.

The Commission has received wide acclaim and praise from many quarters for its achievements. It also has been the subject of considerable disagreement and controversy. Criticism is to be expected because of the very nature and scope of its important work.

(1)

I do believe that the record, taken as a whole including the audits of the survey and review by the General Accounting Office are documents and proof by and large of the vindication of the good faith and the efforts extended by the Commission in its past years of existence.

Now, we solicit opinions of those who advance different views. By proceeding in this manner, the record will provide a good work base on which the Senate can consider proposals for new legislation. As we approach the date for the national celebration, it is important that the Congress provide whatever assistance is necessary to assure that the Bicentennial effort will fulfill its promise to the people of this country.

By way of final comment, we all ought to constantly bear in mind that time is running, irrecoverable time, and it will behoove all of us to join in a cooperative effort to process this legislation so that the new administration may go forward and make the preparations for the celebration of the Bicentennial in a timely fashion. Senator Mathias of Maryland was supposed to have been here for this hearing. He had a previous official commitment, but he said that he would get here as soon as possible.

We will hear now from Paul H. O'Neill. He is Assistant Director of the Office of Management and Budget.

Would you come forward, Mr. O'Neill?

We will have Mr. Hugh Hall, and Mr. Eugene Skora sit at the counsel table so they will be available on short notice if there are any questions for them.

Mr. O'Neill, welcome to this committee. You have filed a statement on the subject of your testimony and you may proceed with your testimony.

Mr. O'NEILL. All right, thank you very much, Mr. Chairman. Senator HRUSKA. The statement will be placed in the record and you may either highlight it or read it. Also, at this time we will place a copy of the bill in the record.

[The full statement of Mr. O'Neill follows.]

A copy of H.R. 7446 precedes the prepared statement of Mr. O'Neill.]

[H.R. 7446, 93d Cong., First Sess.]

AN ACT To establish the American Revolution Bicentennial Administration, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That as this Nation approaches the bicentennial of its birth and the historic events preceding and associated with the American Revolution which are of such major significance in the development of our national heritage of individual liberty, representative government, and the attainment of equal and inalienable rights and which also had so profound an influence throughout the world, it is appropriate and desirable to provide for the observance and commemoration of this anniversary and for those activities of local, State, National, and international significance to be coordinated, scheduled, and facilitated by a governmental unit, drawing on the resources of public, private, civic, and other organizations for planning and implementation, to insure that the appropriate observances take place. SEC. 2. (a) There is hereby established an independent establishment to be known as the American Revolution Bicentennial Administration (hereinafter referred to as the "Administration") to coordinate, to facilitate, and to aid in the scheduling of events, activities, and projects of local, State, National, and international significance sponsored by both governmental and

nongovernmental entities in commemoration of the American Revolution Bicentennial.

(b) The Administration shall be headed by an Administrator (hereinafter referred to as the "Administrator") who shall be nominated by the President within sixty days after the effective date of this Act and appointed by and with advice and consent of the Senate. The Administrator shall serve at the pleasure of the President and shall be compensated at the rate now or hereafter prescribed for offices or positions at level III of the Executive Schedule. (c) The President shall appoint a Deputy Administrator by and with the advice and consent of the Senate who shall be compensated at the rate now or hereafter prescribed for offices or positions at level IV of the Executive Schedule. The Deputy Administrator shall perform such duties as the Administrator may prescribe. The Deputy Administrator shall act for and perform the functions of the Administrator during any absence or disability of the Administrator or during a vacancy in the office of the Administrator. (d) The Administrator shall have power to appoint and fix the compensation of such personnel as he deems advisable, however, not more than five such appointments may be placed in grades GS-16, GS-17, and GS-18, to carry out the functions of the Administration. The authority with reference to appointments in grades GS-16, GS-17, and GS-18 will be subject to the procedures prescribed under section 5108 of title 5 of the United States Code, and shall continue only for the duration of the exercise of functions of the Administration. The Administrator shall have power to appoint such advisory committees as he deems necessary.

(e) The Administrator may procure services as authorized by section 3109, of title 5, United States Code.

(f) The Administrator, to such extent as he deems necessary, may procure supplies, services, and personal property; make contracts; expend funds appropriated, donated, or received in pursuance of contracts hereunder in furtherance of the purposes of this Act; and exercise those powers that are necessary to enable him to carry out efficiently and in the public interest the purposes of this Act.

(g) Financial and administrative services (including those related to budgeting, accounting, financial reporting personnel, and procurement) shall be provided the Administration by the Department of the Interior, for which payment shall be made in advance, or by reimbursement, from funds of the Administration in such amounts as may be agreed upon by the Administrator and the Secretary of the Interior: Provided, That the regulations of the Department of the Interior for the collection of indebtedness of personnel resulting from erroneous payments made to or on behalf of an Administration employee and regulations of said Secretary for the administrative control of funds (31 U.S.C. 665 (g)) shall apply to appropriations of the Administration; And provided further. That the Administrator shall not be required to prescribe such regulations.

(h) Any property acquired by the Administration and which remains upon its termination shall be transferred to the Secretary of the Interior for use by him under section 7(b) of this Act, or shall be disposed of by the Secretary as excess or surplus property as otherwise provided by law.

(i) Whoever, except as authorized under rules and regulations issued by the Administrator, knowingly manufactures, reproduces, or uses any logos, symbols, or marks originated under authority of and certified by the Administrator for use in connection with the commemoration of the American Revolution Bicentennial, or any facsimile thereof, or holds out to the public objects in such a manner as to suggest any such logos. symbols, or marks not officially authorized by the Administrator, shall be fined not more than $250 or imprisoned not more than six months or both: Provided, That this section shall be applicable upon publication in the Federal Register of notification of certification hereunder by the Administrator with respect to each such logo, symbol, or mark.

SEC. 3. (a) There is hereby established an American Revolution Bicentennial Advisory Council (hereinafter referred to as the "Council") to be composed of twenty-five members appointed by the President, no more than fifteen of whom shall be appointed from the same political party. The members shall serve at the pleasure of the President, and their terms of office shall not extend beyond the termination date of the Administration. Members of the

Council shall be chosen from private life and shall be broadly representative of the Nation's people. In appointing persons to the Council, the President shall give due consideration to the contributions, among others, of the Nation's youth, women, elders, racial and ethnic minorities, artists and craftsmen, and learned professions. The Administrator shall serve as an ex officio member of the Council. The Council shall meet at least once every two months and shall hold other meetings at the call of the Chairman, the Administrator, or a majority of its members, and shall render advice to the Administrator on all matters relating to the purposes of this Act.

(b) Vacancies on the Council shall be filled in the same manner in which original appointments were made.

(c) The Members of the Council shall receive no compensation for their services as such, but shall be allowed such necessary travel expenses and per diem as are authorized for individuals serving without pay under section 5703, of title 5, United States Code.

(d) The chairman and vice chairman and other appropriate officers of the Council shall be elected by and from members of the Council other than the Administrator.

SEC. 4. (a) In order to assure a balanced program for the bicentennial commemoration, encompassing the themes of "Heritage '76", "Festival USA", and "Horizons '76", and in furtherance of the purposes outlined in section 2(a) of this Act, the Administration as a primary function shall prepare the master calendar of events of local, State, National, and international significance which will take place between March 1975 and December 31, 1976. In carrying out the purposes of this subsection, the Administrator shall

(1) provide for the bicentennial master calendar or register of programs and projects, and in other ways provide a central clearinghouse for information and coordination regarding dates, events, places, documents, artifacts, and personalities of bicentennial historical and commemorative significance; (2) coordinate, facilitate, and aid in the scheduling of events, programs, and projects of States and private citizens, and national and international programs, which commemorate the bicentennial; and

(3) develop standards for, and evaluate the feasibility, relevance, status, and desirability of various programs and projects associated with the bicentennial commemoration, acting in conjunction with the Office of Management and Budget in cases where Federal department or agency activities are involved.

(b) In addition the Administrator shall

(1) provide for the coordination of non-Federal bicentennial programs and projects with appropriate Federal programs and projects:

(2) provide recognition as deemed appropriate in connection with bicentennial related programs or projects:

(3) provide for competitions and similar projects relating to the bicentennial:

(4) provide for the preparation, distribution, dissemination, exhibition, and sale of commemorate medals and other historical, commemorative, and informational materials and objects which will contribute to public information. awareness, and interest in the bicentennial.

(c) In performing the duties set forth in subsections (a) and (b) of this section, the Administrator shall not operate any programs unless specifically authorized by law, but shall limit his functions to stimulating and encouraging appropriate public and private authorities and organizations to assume operational responsibility for particular programs.

(d) In the Administration's planning activities, the Administrator shall give special emphasis to the ideas associated with the Revolution which have been so important in the development of the United States in world affairs and in mankind's quest for freedom.

SEC. 5. (a) In fulfilling his responsibilities, the Administrator is authorized to consult. cooperate with, and seek advice and assistance from (1) the American Revolution Bicentennial Advisory Council and the American Revolution Bicentennial Board, (2) appropriate Federal departments and agencies. State and local public bodies, learned societies, and historical, patriotic, philanthropic, civle, professional, and related organizations, and (3) bicen tennial commissions of the several States, the District of Columbia, the

Commonwealth of Puerto Rico and the territories, either collectively or individually. The Administrator may authorize travel as he deems appropriate for representatives and staff of such bicentennial commissions and may pay travel expenses and per diem therefor as authorized for individuals serving without pay under section 5703 of title 5 of the United States Code. Federal departments and agencies are authorized and requested to cooperate with the Administrator in carrying out his duties under this Act.

(b) The Chairman of the Federal Council on the Arts and the Humanities, the Chairman of the National Endowment for the Arts, and the Chairman of the National Endowment for the Humanities are authorized and requested to cooperate with the Administrator, especially in the encouragement and coordination of scholarly works and presentations focusing on the history, culture, and political thought of the Revolutionary War period.

(c) The Librarian of Congress, the Secretary of the Smithsonian Institution, and the Archivist of the United States are authorized and requested to cooperate with the Administrator, especially in development and display of exhibits and collections and in the development of bibliographies, catalogs, and other material relevant to the period of the Revolutionary War.

SEC. 6. (a) The Administrator is authorized to accept on behalf of the Administration donations of money, property, or personal services.

(b) Any books, manuscripts, miscellaneous printed matter, memorabilia, relics, and other materials donated to the Administration may be deposited for preservation in National, State, or local libraries, archives, museums, or other public or nonprofit institutions or be otherwise disposed of by the Administrator in consultation with the Librarian of Congress, the Secretary of the Smithsonian Institution, the Archivist of the United States, and the Administrator of General Services.

SEC. 7. (a) There are hereby authorized to be appropriated annually such sums as the Congress may deem necessary to carry out the purposes of this Act.

(b) An annual report of the activities of the Administration, including an accounting of funds received and expended, shall be furnished by the Administrator to the Congress and a final report shall be made to the Congress no later than June 30, 1977. The Administration and the Board shall terminate on June 30, 1977, or on the date of the filing of the final report, whichever is sooner. In order to effect an orderly transfer, the President is authorized to transfer to the Secretary of the Interior on or after January 1, 1977, such powers and functions as he shall deem necessary for a continuation of appropriate commemoration of events relating to the American Revolution until December 31, 1983. All personnel, records, property, and appropriations of the Administration as relate to the transferred functions shall be transferred to the Secretary of the Interior and shall be available for carrying out such transferred functions.

SEC. 8. Appropriations or other funds available to the Administration for carrying out the purposes related to or in furtherance of the bicentennial commemoration may be transferred to another Federal department or agency as may be mutually agreed upon between the Administration and the Federal department or agency concerned. Funds so transferred may be used for direct expenditure or as a working fund, and any such expenditures may be made under the authorities governing the activities of the transferee department or agency or under the authorities of this Act, providing that the activities so funded come within the purposes of this Act.

SEC. 9. The Administrator is authorized to use nonappropriated funds to carry out a program of grants-in-aid in furtherance of the purposes of this Act. Subject to such regulations as he may prescribe, the Administrator may

(a) make grants to nonprofit entities, including States, territories, the District of Columbia, and the Commonwealth of Puerto Rico (or subdivisions thereof), to assist in developing or supporting bicentennial programs or projects. Such grants may be up to 50 per centum of the total cost of the program or project to he assisted:

(b) in any case where money or property is donated, bequeathed, or devised to the Administration, and accepted by it for the purpose of assisting a nonprofit entity, including States, territories, the District of Columbia, and the Commonwealth of Puerto Rico (or subdivision thereof), for a specific bicentennial program or project, make a grant of the money

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