and qualified persons to assist the Council in making its studies from among those recommended to him by the Council. SEC. 4. Members of the Council, and persons appointed to assist the Council in making its studies, while attending meetings of the Council or while engaged in the conduct of studies authorized by this Act, shall receive compensation at a rate to be fixed by the Secretary, but not exceeding $50 per diem, and shall be paid travel expenses, including per diem in lieu of subsistence, so authorized by law (5 U.S.C. 73b-2) for persons in the Government service employed intermittently. SEC. 5. (a) Any member of the Council appointed under this Act, any person appointed to assist the Council in making its studies, and any other person appointed, employed, or utilized in an advisory or consultative capacity under this Act is hereby exempted, with respect to such appointment, employment, or utilization, from the operation of sections 281, 283, 284, and 1914 of title 18 of the United States Code, except as otherwise specified in subsection (b) of this section. (b) (1) The exemption granted by subsection (a) of this section shall not extend to the following acts performed as an officer or employee of the United States by any person so appointed, employed, or utilized: (A) The negotiation or execution of, or (B) the making of any recommendation with respect to, or (C) the taking of any other action with respect to, any individual contract or other arrangement under this Act with the private employer of such person or any corporation, joint stock company, association, firm, partnership, or other business entity in the pecuniary profits or contracts of which such person has any direct or indirect interest. (2) The exemption granted by subsection (a) of this section shall not, during the period of such appointment, employment, or utilization and the further period of two years after the termination thereof, extend to the prosecution or participation in the prosecution, by any person so appointed, employed, or utilized, of any claim against the Government involving any individual contract or other arrangement entered into pursuant to this Act concerning which the appointee had any responsibility during the period of such appointment, employment, or utilization. SEC. 6. There are hereby authorized to be appropriated to the Department of Health, Education, and Welfare such sums as may be necessary to carry out this Act, including expenses of professional, clerical, and stenographic assistance. Such appropriations shall be available for services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a). SEC. 7. This Act shall not be deemed to invalidate any provision in any Act of Congress or Executive order vesting authority in the Commisison of Fine Arts. [S. 741, 87th Cong., 1st sess.] A BILL To provide for the establishment of a Federal Advisory Council on the Arts to assist in the growth and development of the fine arts in the United States Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress hereby finds and declares (1) that the growth and flourishing of the arts depend upon freedom, imagination, and individual initiative; (2) that the encouragement of creative activity in the performance and practice of the arts, and of a widespread participation in and appreciation of the arts, is essential to the general welfare and the national interest; (3) that as workdays shorten and life expectancy lengthens, the arts will play an evermore important role in the lives of our citizens; and (4) that the encouragement of the arts, while primarily a matter for private and local initiative, is an appropriate matter of concern to the United States Government. SEC. 2. (a) There is hereby established in the Department of Health, Education, and Welfare a Federal Advisory Council on the Arts (hereafter in this Act referred to as the "Council"). The Council shall be composed of one members appointed by the President, by and with the advice a of the Senate, from among pri recognized for their knowle in, one or more of the itizens of the United States whe balance of representation among the major art fields including music, drama, dance, literature, architecture and allied arts, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, and television. The President is requested in the making of such appointments to give consideration to such recommendations as may from time to time be submitted to him by leading national organizations in these fields. Each member of the Council shall hold office for a term of six years, except that (1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (2) the terms of the members first taking office shall expire, as designated by the President at the time of appointment, seven at the end of the second year, seven at the end of the fourth year, and seven at the end of the sixth year after the date of enactment of this Act. No member of the Council shall be eligible for reappointment during the two-year period following the expiration of his term. The President shall designate one member of the Council to serve as its chairman. The Council shall meet at the call of the Chairman or the Secretary of Health, Education, and Welfare (hereafter in this Act referred to as the "Secretary"), but not less often than twice during each calendar year. Eleven members of the Council shall constitute a quorum. (b) The Council shall have an executive secretary who shall be appointed by the Secretary after consultation with the Council. Within the limits of appropriations available therefor, the Secretary shall provide necessary secretarial, clerical, and other staff assistance for the Council, its executive secretary, and its special committees. SEC. 3. (a) The Council shall (1) recommend ways to maintain and increase the cultural resources of the United States, (2) propose methods to encourage private initiative in the arts, (3) cooperate with local, State, and Federal departments and agencies to foster artistic and cultural endeavors and the use of the arts both nationally and internationally in the best interests of our country, and (4) strive to stimulate greater appreciation of the arts by our citizens. (b) To these ends the Council shall undertake studies of and make recommendations relating to appropriate methods, consistent with the policy set forth in the first section of this Act, for encouraging creative activity in the performance and practice of the arts and participation in and appreciation of the arts. In selecting subjects to be studied, the Council shall consider requests submitted to it by the heads of departments, agencies, and independent establishments of the Federal Government. The Council shall make recommendations in writing to the Secretary with respect to such studies; and the Secretary shall transmit such recommendations, together with his comments thereon, to the President and the Congress. In the selection of subjects to be studied and in the formulation of recommendations, the Council may obtain the advice of any interested and qualified persons and organizations, and the Secretary may appoint interested and qualified persons to assist the Council in making its studies from among those qualified persons recommended to him by the Council. SEC. 4. Members of the Council, and persons appointed to assist the Council in making its studies, while attending meetings of the Council or while engaged in the conduct of studies authorized by this Act, shall receive compensation at a rate to be fixed by the Secretary, but not exceeding $50 per diem, and shall be paid travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons in the Government service employed intermittently. SEC. 5. (a) Any member of the Council appointed under this Act, any person appointed to assist the Council in making its studies, and any other person appointed, employed, or utilized in an advisory or consultative capacity under this Act is hereby exempted, with respect to such appointment, employment, or utilization, from the operation of sections 281, 283, 284, and 1914 of title 18 of the United States Code, except as otherwise specified in subsection (b) of this section. (b) (1) The exemption granted by subsection (a) of this section shall not extend to the following acts performed as an officer or employee of the United States by any person so appointed, employed, or utilized; (A) The negotiation or execution of, or (B) the making of any recommendation with respect to, or (C) the taking of any other action with respect to, any individual contract or other arrangement under this Act with the private employer of such person or any corporation, joint stock company, association, firm, partnership, or other business entity in the pecuniary profits or contracts of which such person has any direct or indirect interest. (2) The exemption granted by subsection (a) of this section shall not, during the period of such appointment, employment, or utilization and the further period of two years after the termination thereof, extend to the prosecution or participation in the prosecution, by any person so appointed, employed, or utilized, of any claim against the Government involving any individual contract or other arrangement entered into pursuant to this Act concerning which the appointee had any responsibility during the period of such appointment, employment, or utilization. SEC. 6. There are hereby authorized to be appropriated to the Department of Health, Education, and Welfare such sums as may be necessary to carry out this Act, including expenses of professional, clerical, and stenographic assistSuch appropriations shall be available for services as authoribed by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a). ance. SEC. 7. This Act shall not be deemed to invalidate any provision in any Act of Congress or Executive order vesting authority in the Commission of Fine Arts. [H.R. 4174, 87th Cong., 1st sess.] A BILL To establish a program of grants to States for the development of programs and projects in the arts, to assist in the growth of the fin earts in the Nation's Capital, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the "National Cultural Development Act". DECLARATIONS OF PURPOSE SEC. 2. The purpose of this Act is (1) to assist the several States to inventory their existing programs in the major art fields including music, drama, dance, literature, architecture and allied arts, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, and television, to survey the need for additional programs in the major art fields, and to develop programs and projects for public and other nonprofit activities in the arts in such a manner as will, in conjunction with existing programs and facilities, furnish adequate programs, facilities, and services in the arts to all their people; (2) to assist the several States in aiding existing projects and programs which are making a significant public contribution in one or more of the major art fields; (3) to assist in the construction of public and other nonprofit centers for the performance, demonstration, teaching, or exhibition of the arts; (4) to assist the several States to protect and preserve sites, buildings, or objects of national or local historical, architectural, or artistic significance; (5) to assist the several States in developing projects and programs designed to supply leadership, training, and experience in the art fields; and (6) to authorize the Secretary to make grants for the conduct of research, experiments, and demonstrations relating to the effective development and utilization of facilities and resources in the various art fields. AUTHORIZATION OF APPROPRIATIONS SEC. 3. In order to assist the States in carrying out the purposes of this Act, there is hereby authorized to be appropriated $5,200,000 for the fiscal year beginning July 1, 1961, and a like amount for each subsequent fiscal year. STATE PLANS SEC. 4. (a) Any State which desires to take advantage of the benefits of this Act must submit a State plan which— (1) designates a State agency (hereinafter in this title referred to as the "State agency") as the sole agency for the administration of the State plan; (2) sets forth a program under which funds paid to the State under this Act will be expended solely on programs and projects approved by the State agency which carry out one or more of the purposes of this Act as set forth in section 2; (3) provides that the State agency will make such reports, in such form and containing such information, as the Secretary may from time to time require; (4) provides for the coordination of the projects and programs carried out under the State plan with the artistic and cultural programs and activities of educational and other public and nonprofit institutions in the State; and (5) provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the State under this Act. (b) The Secretary shall approve any State plan and any modification thereof which complies with the provisions of subsection (a). (c) The State plan may include standards for determination of the Federal share of the cost of art programs and projects approved in the State for assistance under this Act; except that no such standards shall provide for a Federal share of more than 50 per centum of the cost of any such program or project. The Secretary shall approve any such standards and any modifications thereof which are not inconsistent with the purposes of this Act. ALLOTMENTS AND PAYMENTS TO STATES SEC. 5. (a) (1) For the fiscal year beginning July 1, 1961, each State for which a State plan has been approved under section 4(b) of this Act prior to or during such fiscal year shall be entitled for such year to an allotment not to exceed $100,000 (as determined by the Secretary within the limits of available appropriations). (2) Of the total amount appropriated under section 3 of this Act for the fiscal year beginning July 1, 1962, and each succeeding fiscal year, each State which on the first day of such fiscal year has in effect a State plan approved by the Secretary under section 4 (b) of this Act shall be entitled to an allotment equal to such amount divided by the total number of such States. (3) Each allotment made under this section shall be available for payment of the Federal share of the costs of programs and projects carried out under a State plan approved by the Secretary under section 4(b) of this Act. (b) The Secretary shall determine the payments to be made under this Act and certify to the Secretary of the Treasury the amounts thereof. Upon receipt of such certification, the Secretary of the Treasury shall, prior to audit or settlement by the General Accounting Office, pay in accordance with such certification. Sums allotted to a State for a fiscal year under this section and remaining unobligated at the end of such year shall be made available to such State for the same purposes for the next fiscal year in addition to the sums allotted to such State for such next fiscal year. (c) For the purposes of this section, the term "Federal share" with respect to any program or project means the proportion of the cost of such program or project to be paid by the Federal Government, and shall be determined as follows: (1) If the State plan contains standards for the determination of the Federal share of such cost approved by the Secretary as provided in section 4(c), the Federal share with respect to such program or project shall be determined by the State agency in accordance with such standards. (2) If the State plan does not contain such standards, the Federal share shall be the amount, not more than 50 per centum of the cost of the program or project involved, as determined by the State agency and approved by the Secretary. WITHHOLDING OF CERTIFICATION SEC. 6. Whenever the Secretary, after reasonable notice and opportunity for hearing to the State agency, finds (1) that such agency is not complying substantially with the provisions of this Act or the terms and conditions of its State plan approved under this Act; (2) that any funds paid to such agency under this Act have been diverted from the purposes for which they were allotted or paid; (3) that any assurance given in the State plan is not being or cannot be carried out; or (4) that adequate State funds are not being provided annually for the direct administration of the State plan, the Secretary shall forthwith notify the Secretary of the Treasury and the State agency that no further certification will be made under this Act with respect to such State agency until there is no longer any default or failure to comply or the diversion has been corrected, or, if compliance or correction is impossible, until the State repays or arranges the repayment of the Federal funds which have been improperly diverted or expended. DEFINITIONS SEC. 7. For the purposes of this Act (1) The term "Secretary" means the Secretary of Health, Education, and Welfare; and (2) The term "State" means a State, the District of Columbia, or Puerto Rico. [H.R. 1942, 87th Cong., 1st sess.] A BILL To establish a program of grants to States for the development of programs and projects in the arts, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the "National Cultural Development Act". DECLARATION OF PURPOSE SEC. 2. The purpose of this Act is (1) to assist the several States to inventory their existing programs in the major art fields, including music, drama, dance, literature, architecture and allied arts, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, and television, to survey the need for additional programs in the major art fields, and to develop programs and projects for public and other nonprofit activities in the arts in such a manner as will, in conjunction with existing programs and facilities, furnish adequate programs, facilities, and services in the arts to all their people; (2) to assist in the construction of public and other nonprofit centers for the performance, demonstration, teaching, or exhibition of the arts; (3) to assist the several States to protect and preserve sites, buildings, or objects of national or local historical, architectural, or artistic significance; (4) to assist the several States in developing projects and programs designed to supply leadership, training, and experience in the art fields; and (5) to authorize the Secretary to make grants for the conduct of research, experiments, and demonstrations relating to the effective development and utilization of facilities and resources in the various art fields. AUTHORIZATION OF APPROPRIATIONS SEC. 3. In order to assist the States in carrying out the purposes of this Act, there is hereby authorized to be appropriated $5,200,000 for the fiscal year beginning July 1, 1961, and a like amount for each subsequent fiscal year. STATE PLANS SEC. 4. (a) Any State which desires to take advantage of the benefits of this Act must submit a State plan which (1) designates a State agency (hereinafter in this title referred to as the "State agency") as the sole agency for the administration of the State plan; (2) sets forth a program under which funds paid to the State under this Act will be expended solely on programs and projects approved by the State agency which carry out one or more of the purposes of this Act as set forth in section 2; |