AID TO FINE ARTS

MAY 15, 1961

HOUSE OF REPRESENTATIVES,

SELECT SUBCOMMITTEE ON EDUCATION

OF THE COMMITTEE ON EDUCATION AND LABOR,

Washington, D.C. The subcommittee met at 10 a.m., pursuant to call, in room 429, Old House Office Building; Hon. Frank Thompson, Jr. (chairman of the subcommittee) presiding.

Present: Representatives Thompson and Martin.

Also present: Russell C. Derrickson, staff director; Charles E. Wilson, assistant education chief; Mary Corbin, clerk to the subcommittee; and George Frain, acting counsel.

Mr. THOMPSON. The subcommittee will be in order.

The Select Subcommittee on Education is meeting this morning for hearings on the bill H.R. 4172 by Mr. Thompson of New Jersey; on H.R. 413 by Mr. Kearns of Pennsylvania, an identical bill; H.R. 3250, an identical bill by Mr. Daniels of New Jersey; H.R. 5408, an identical bill by Mr. Lindsay of New York; H.R. 6484 by Mr. Halpern of New York; H.R. 3640 by Mrs. Bolton of Ohio; and I would like the record to show that in the other body on the bill S. 741, the proposition is introduced by Mr. Humphrey and cosponsored by Mr. Clark, of Pennsylvania; Mr. Douglas, of Illinois; Mr. Morse, of Oregon; Mr. Williams, of New Jersey; Mr. Cooper, of Kentucky; Mr. Javits, of New York; and Mr. Long, of Missouri.

Witnesses will be at liberty to testify also on the bill H.R. 4174, which I also introduced, and measures similar to it.

These are H.R. 1942 by Mr. Kearns, H.R. 2227 by Mr. Chelf, H.R. 2275 by Mr. Powell, H.R. 3509 by Mr. Celler, and the companion bill in the Senate is S. 785, which was introduced by Senator Clark, of Pennsylvania, and cosponsored by Senator Humphrey and Senator

Pell.

(The bills referred to follow :)

[H.R. 4172, 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 Nation's Capital and elsewhere 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 ever more important role in the lives of our citizens; and 1

(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, Edu cation, and Welfare a Federal Advisory Council on the Arts (hereafter in this Act referred to as the "Council"). The Council shall be composed of twenty-one members appointed by the President, by and with the advice and consent of the Senate, from among private citizens of the United States who are widely recognized for their knowledge of or experience in, or for the profound interest in, one or more of the arts and who collectively will provide an appropriate 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 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 Commission of Fine Arts.

[H.R. 413, 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, and it is the policy of the Congress in enacting this Act

(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 ever more 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 (hereinafter in this Act referred to as the "Council"). The Council shall be composed of twentyone members appointed by the President, from among private citizens of the United States who are widely recognized for their knowledge of or experience in, or for their profound interest in, one or more of the arts and who collectively will provide an appropriate 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; and 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 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. The Council shall annually elect one of its members to serve as Chairman until the next election.

(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 the Council, its executive secretary, and members of its special committees, necessary secretarial, clerical, and other staff assistance.

SEC. 3. (a) A major duty of the Council shall be to recommend ways to maintain and increase the cultural resources of the United States. A primary purpose of the Council is to propose methods to encourage private initiative in the arts and its cooperation with local, State, and Federal departments or agencies to foster artistic and cultural endeavors.

(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. 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 Council may appoint interested and qualified persons to assist it in making its studies.

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 claims 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 Commission of Fine Arts.

[H.R. 3250, 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, and it is the policy of the Congress in enacting this Act—

(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 ever more 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 (hereinafter in this Act referred to as the "Council"). The Council shall be composed of twenty-one members appointed by the President, from among private citizens of the United States who are widely recognized for their knowledge of or experience in, or for their profound interest in, one or more of the arts and who collectively will provide an appropriate 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; and 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 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. The Council shall annually elect one of its members to serve as Chairman until the next election.

(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 the Council, its executive secretary, and members of its special committees, necessary secretarial, clerical, and other staff assistance.

SEC. 3. (a) A major duty of the Council shall be to recommend ways to maintain and increase the cultural resources of the United States. A primary purpose of the Council is to propose methods to encourage private initiative in the arts and its cooperation with local, State, and Federal departments or agencies to foster artistic and cultural endeavors and the use of the arts in the best interests of our country, and 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 recommended to him by the Council.