or property for the purpose specified, plus an amount from otherwise available nonappropriated funds not to exceed the value of the donation, bequest, or devise: Provided, That the recipient agrees to match the total value of the grant for such bicentennial program or project.

SEC. 10. (a) There is hereby established the American Revolution Bicentennial Board (hereinafter referred to as the "Board"). The Board shall be composed of eleven members as follows:

(1) the Administrator;

(2) two Members of the House of Representatives appointed by the Speaker of the House of Representatives. Members appointed under this paragraph shall not be of the same political party;

(3) two Members of the Senate appointed by the President of the Senate. Members appointed under this paragraph shall not be of the same political party;

(4) the Chairman and the Vice Chairman of the Council;
(5) the Secretary of the Interior; and

(6) three members appointed by the President from officers or staff of State bicentennial commissions or comparable State bodies.

(b) The members of the Board shall serve for the length of time the Board is in existence.

(c) Any person appointed to fill a vacancy on the Board shall be appointed in the same manner as the member whose vacancy he is filling.

(d) Members of the Board shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Board, but not exceeding the maximum amounts authorized under section 5703 (b) of title 5, United States Code, and, in addition thereto, each member of the Board shall receive $100 per day for each day he is engaged in the performance of duties vested in the Board, including traveltime; however, members of the Board who are officers or employees of the United States shall receive no additional compensation for their services.

(e) Four members of the Board shall constitute a quorum.

(f) The Chairman and Vice Chairman of the Board shall be elected by members of the Board from members of the Board other than the Administrator.

(g) The Board shall meet at least once each month and shall hold other meetings at the call of the Chairman, the Administrator, or a majority of its members.

(h) The Board shall be empowered to

(1) receive advice and information from the Council and the Administrator with respect to the development of policy and guidelines to carry out the purposes of this Act; and

(2) give final approval to grants to be made under the authority of section 9 of this Act;

(3) review, approve, disapprove, or ratify from time to time, all basic policy and guidelines, including the proposed annual budget to be presented by the Administrator, in carrying out the purposes of this Act. (i) It shall be a duty of the Board to make a continuing study of the activities of the American Revolution Bicentennial Administration. The Board shall, from time to time, but not less than every six months, report to the Committees on the Judiciary of the Senate and the House of Representatives. and to the Senate and the House of Representatives concerning the results of its studies, together with such recommendations as it may deem desirable. It shall make a final report thereon by June 30, 1977.

SEC. 11. At the request of the Board, the President may, when he determines it to be in furtherance of the purposes of this Act. direct that the functions authorized under this Act may be performed without regard to such provisions of law or limitations of authority regulating or relating to the making, performance, amendment. or modification of contracts, and the expenditure of Government funds as he may specify.

SEC. 12. Except for members of the Commission, the personnel. property, records, and unexpended balances of appropriations, allocations. and other funds employed, used, held available or to be made available to the American Revolution Bicentennial Commission, established by Public Law 89-491, ap. proved July 4, 1966, and the amendments thereto. shall be transferred to the Administration upon the effective date of this Act to be used for the purpose

of this Act and to liquidate any outstanding obligations of the American Revolution Bicentennial Commission.

SEC. 13. (a) The President may authorize any person, including any person who immediately prior to the effective date of this Act held a position in the executive branch of the Government, to act as Administrator during the sixtyday period referred to in subsection (b) of section 2 of this Act, or until the office of Administrator is for the first time filled pursuant to the provisions of this Act.

(b) The President may authorize any person who previously held a position in the executive branch of the Government who serves in an acting capacity under the provisions of subsection (a) of this section to receive the compensation attached to the office in respect of which he so serves. Such compensation, if authorized, shall be in lieu of, but not in addition to, other compensation from the United States to which such person may be entitled.

SEC. 14. The joint resolution entitled "Joint resolution to establish the American Revolution Bicentennial Commission, and for other purposes", Public Law 89-491, approved July 4, 1966, as amended, is hereby repealed, and the American Revolution Bicentennial Commission is hereby abolished.

SEC. 15. The Act entitled "An Act to provide for the striking of medals in commemoration of the bicentennial of the American Revolution", Public Law 92-228, approved February 15, 1972, is amended as follows:

(a) Section 1 of such Act is amended by striking out "American Revolution Bicentennial Commission (hereinafter referred to as the 'Commission')" and inserting in lieu thereof "American Revolution Bicentennial Administration (hereinafter referred to as the 'Administration')."

(b) Section 3 of such Act is amended—

(1) by striking out, in the first and second sentences, "Commission" and inserting in lieu thereof "Administration", and

(2) by striking out, in the second sentence, "December 31, 1983" and inserting in lieu thereof "June 30, 1977."

SEC. 16. The provisions of this Act shall become effective thirty days following the date of enactment.

Passed the House of Representatives June 7, 1973.
Attest:

W. PAT JENNINGS,

Clerk.

STATEMENT OF PAUL H. O'NEILL, ASSOCIATE DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET

Mr. Chairman and members of the subcommittee, I welcome this opportunity to appear before you to testify on H.R. 7446, to create the American Revolution Bicentennial Administration.

One of the President's major concerns has been and continues to be the effective organization and structure of government. Among the many units of the Federal Government which have been reviewed for structural effectiveness is the American Rvolution Bicentennial Commission.

The Commission was established nearly seven years ago by P.L. 89-491 with a two-fold purpose: first, to prepare a comprehensive overall program for commemorating the Bicentennial for submission to the President and to the Congress; and second, upon approval of such program, to plan, encourage, develop and coordinate appropriate observances and activities.

ARBC's proposed program was contained in a Report to the President dated July 4, 1969. In transmitting that report to the Congress, the President requested recommendations for an alternative Commission structure better equipped to deal with carrying out an action program.

Since that date, numerous independent evaluations of the ARBC have commented on the inappropriateness of its current structure for decisionmakining and recommended that authority and responsibility be focused more sharply. Subsequently, the General Accounting Office and the House Judiciary Committee staff reviewed the operations and organization of the Commission and were critical of its organizational structure. The House Judiciary staff recommended major revisions in the statutory organization of the Commission. The Administration reviewed these various studies and draft legislation was prepared and introduced in the House as H.R. 3695.

Following hearings by a House Judiciary Subcommittee and deliberately by the full committee, a revised bill, H.R. 7446 was passed by the House of Representatives.

Before highlighting the more important aspects of H.R. 7446, I think it is very important to stress that the present and past members of the Commission are dedicated and genuinely patriotic men and women who have generously donated their time to the Nation. They and their staff, the Commission's program committees and advisory panels, the State Bicentennial Commissions and countless public and private institutions and individual citizens, have already begun the very wide-ranging work of organizing our Bicentennial commemoration. The three program themes, Heritage '76, Festival USA and Horizons '76, have been well chosen and reflect the balance which should characterize a successful Bicentennial observance. The structural changes which this bill proposes would affect only the organization of the Commission; it will not impede or delay any of the development work which is now underway. In no sense are we starting again "from scratch." The Commission, having pointed the direction and laid the groundwork for a successful commemoration, would simply be superseded by an organization more appropriately structured to assure the coordinated implementation of Bicentennial activities.

In general, H.R. 7446 would establish a temporary, independent government agency headed by a full-time paid Administrator. The Administrator and the Deputy Administrator would be appointed by the President with the advice and consent of the Senate. A 25-member American Revolution Bicentennial Advisory Council would also be created, to be appointed by the President and to advise the Administrator who would be an ex officio member thereof. In addition, there would be created an 11-member American Revolution Bicentennial Board which would approve basic policy and guidelines, grants made by the Administration and the agency's budget. It is this provision which I believe poses problems for the effective administration of the new agency and which I would like to discuss in more detail. Both the Administration and Advisory Council and the Board would terminate on June 30, 1977.

In order to assure a balanced program for the Bicentennial commemoration, the bill provides that the primary function of the American Revolution Bicentennial Administration would be the preparation of a master calendar of local, State, national, and international events of significance to the Bicentennial, taking place between March 1975 and December 31, 1976. The Master Calendar would be both a tool for improved public information, and an invaluable management aid to assure a diversified commemoration worthy of our heritage. In its work to create such a calendar of events, the Administration itself would execute only those programs specifically authorized by the Congress. The majority of programs and events making up the Calendar would rightfully be reserved for appropriate public and private organizations. A major responsibility of the Administration would be to stimulate and encourage a wide variety of ideas and projects, with special emphasis always given, of course, to the ideas associated with the American Revolution, and the part they have played in the development of this country and in world affairs.

The bill would provide for annual reports from the Administration to the Congress. The bill also provides for authorization of appropriations, and for a program of matching grants-in-aid, financed exclusively by non-appropriated funds.

On a section-by-section basis, Section 2(a) establishes the agency and defines its overall mission as one of coordinating, facilitating, and scheduling. Section 2(b) provides for an Administrator to head the agency who would be appointed by the President with the advice and consent of the Senate. The Administrator would be paid at the Executive Level III rate of $40,000, and would serve at the pleasure of the President.

Section 2(c) provides for a Deputy Administrator appointed by the PresiIdent with the advice and consent of the Senate and paid at the Executive Level IV rate of $38,000. The Deputy Administrator would act for the Administrator in his absence or disability, or when there is a vacancy in the office of the Administrator.

⠀⠀ Under subsection 2(d), the Administrator, as head of the agency, would have the customary authority to appoint personnel and fix salaries within the normal Civil Service regulations.

The subsection provides for not to exceed five supergrades whose appointment would be made by the Administrator subject to normal Civil Service requirements. Such supergrade positions would be abolished on the terminal date of the Administration, June 30, 1977. Three Executive Level V positions presently available to the Commission are not continued under the new bill. This subsection also includes the customary provision for appointment of Advisory Committees as may be deemed necessary. Such committees would be able to provide expert advice to the Administrator on various categories of technical and specialized questions.

Section 2(e) continues the current authority of the ARBC to appoint consultants as otherwise authorized by law,

Section 2(f) authorizes procurement, expenditure of funds, receipt of donations, and so forth.

Section 2(g) provides, as does current ARBC legislation, that financial and administrative support be provided to the Administration by the Department of the Interior on a reimbursable basis. Services included are budgeting, accounting, financial reporting, personnel and procurement.

Section 2(h) provides for disposition of Administration property following its dissolution on June 30, 1977, by transfer to the Secretary of Interior for use or disposal as excess or surplus property in accordance with generallyapplicable provisions of law.

Section 2(i) authorizes the adoption of an official symbol for the Bicentennial. It further vests exclusive use in such symbol in the Administration and provides crimnal sanctions for unauthorized use.

Section 3(a) establishes a 25-member American Revolution Bicentennial Advisory Council composed of private citizens appointed by the President and chaired by the Administrator. The Council is similar to the private citizen representation on the Commission in terms of numbers and the requirements for broad representation from minorities, youth and other groups. The basic difference, as noted earlier, is that the proposed Council will be solely advisory, whereas the current Commission, in toto, including its 25 private citizen members, is vested with full operational authorities. Some of the administrative inefficiencies now evident in the current Commission arrangement are unfortunately continued by the creation of the Bicentennial Board in Section 10.

Section 4(a) establishes the development of the Master Calendar, as discussed earlier, as the Administration's primary task.

Section 4(b) provides for coordination of Bicentennial projects of Federal agencies, for recognition of Bicentennial programs, for competitions, and for continued distribution and sales of Bicentennial materials, such as cominemorative medals...

Section 4 (c) provides that 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. It should be noted that this provision is in accord with the Resolution of the ARBC last Fall to similarly define the scope of the Commission's appropriate operational responsibilities.

Section 4(d) provides that the Administration shall give special emphasis to the ideas associated with the Revolution which have been so important in the United States and throughout the world in man's quest for freedom.

Section 5 provides for the Administrator to consult and cooperate with all segments of American life with particular reference to the State Bicentennial Commissions. This section further calls upon Federal agencies to cooperate with the Administrator in carrying out his duties under the act. It is anticipated that representatives of Federal agencies besides those specifically mentioned will continue to be called upon to provide coordinative support as well as expert advice and assistance.

Section 6(a) authorizes the Administrator to accept donations of money, property or personal services on behalf of the Administration.

Section 6(b) authorizes the Administrator to deposit donated historical material for preservation in national, State or local libraries, archives, or

museums, or provide for other appropriate disposition, in consultation with appropriate officials.

Section 7(a) authorizes the appropriation of such sums as may be necessary to carry out the purposes of the act.

Section 7(b) requires an annual report to the Congress of the Administration's activities with a final report to be made no later than June 30, 1977, the terminal date of the Administration. The President is authorized to transfer to the Secretary of the Interior powers and functions deemed necessary for a continued commemoration of events relating to the American Revolution until December 31, 1983.

Section 8 authorizes the Administration to transfer funds to any Federal agency to carry out the purposes of the act.

Section 9(a) authorizes grants solely with non-appropriated funds to nonprofit entities to assist in developing or supporting Bicentennial programs or projects. Grants may be up to 50% of the total cost of the program to be assisted.

Section 9(b) authorizes grants from non-appropriated funds to non-profit recipients and the grant amount matched by an equivalent donation, with the grantee matching the aggregated amount made available to it. It should be noted that while these grant programs would be only as large as the Administration's revenues permit, other Federal agencies-notably the Arts and Humanities Endowments-will also be funding worthy projects for the Bicentennial within the scope of their respective appropriations and legislative authorities.

Section 10 creates an eleven-member American Revolution Bicentennial Board. The Board would be composed of the Administrator, 4 members of the Congress, the Chairman and the Vice Chairman of the Council, the Secretary of the Interior, and 3 members from State Bicentennial Commissions. The Administrator would be precluded from serving as Chairman of the Board. The Board is to meet at least monthly, study the activities of the ARBA and report at least monthly to the Congress. In addition to receiving advice and information from the Council and the Administrator, the Board is authorized to give final approval to grants authorized by the bill and to review, approve, disapprove or ratify all basic policy and guidelines, including the budget to be presented by the Administrator in carrying out the act.

This section poses some of the administrative problems which have hampered the operation of the current Bicentennial Commission which have led to the proposal to restructure the organization. Long experience with government organization has shown that collective administration is a cumbersome means of carrying out agency operating programs. The thrust of H.R. 7446 is to pinpoint accountability for the agency's programs in a single responsible administrator. Under such an arrangement, the President, the Congress, and the public can know whether the agency head is performing adequately. When responsibility is split between an Administrator and a group such as the Board, confusion over roles and slowing down of decision-making is likely to result. Empowering the Board to approve basic policy and to give final approval to grant decisions, would mean, in practice, that the Administrator could only make provisional decisions. Such split responsibility would, I am afraid, make it difficult to attract an outstading individual to assume the position of Administrator.

In the discussion of this question during the House deliberations, fears were expressed that a single Administrator would be a Bicentennial "czar." It is difficult to understand this fear since the ongoing institutional arrangements for Presidential supervision, plus Congressional oversight and appropriations action, combined with the agency's basic statutory framework all insure that no arbitrary or unilateral action would be undertaken by the Administrator.

In addition, advice and consultation from the representative Bicentennial Advisory Council are also established in the bill. In summary, all of these elements argue, at a minimum, for modification of Section 10 of the bill.

Section 10 (f) provides that the Administrator is ineligible to serve as Chairman of the Board. This provision bars completely the one thread of continuity which might help insure the agency's unified administration and prevent the problems of split responsibility which now inhibit the ARBC. If the Board is retained in the bill, I strongly urge that H.R. 7446 be amended