Aid to Fine Arts

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. 3509, 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;

(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.

[S. 785, 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 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

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;

(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).

ALLOTMENTS AND PAYMENTS TO STATES

(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 unobliged 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.

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,

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. Mr. THOMPSON. The first witness this morning is Mrs. Jouett Shouse, Chairman of the President's Music Committee of the "Peopleto-People" program, which is sponsored by the U.S. Information Agency.

Mrs. Shouse also is a trustee of the National Cultural Center, and vice president of the National Symphony Orchestra.

Mrs. Shouse, do you have a prepared statement?

STATEMENT OF MRS. JOUETT SHOUSE, CHAIRMAN, PRESIDENT'S MUSIC COMMITTEE, "PEOPLE-TO-PEOPLE" PROGRAM, U.S. INFORMATION AGENCY, TRUSTEE, NATIONAL CULTURAL CENTER

Mrs. SHOUSE. No, Mr. Chairman, I do not.

Mr. THOMPSON. You may proceed as you wish. We are delighted to have you with us this morning.

Mrs. SHOUSE. Thank you very much. I am very glad to be here because I think that this bill, 4172, is definitely a step in the right direction. We all know that we need a basic Government policy for encouraging the arts because none exists now. It is a long time overdue for the Federal Government to develop such a policy, and I am heartily in favor of it; but I also see the few dangers and hope that they can be overcome, the danger of such an advisory commission being lost in such a big organization as the HEW.

I think I am interpreting your thought that this bill is just a step in the right direction and that you hope that it will develop into a Cabinet post, which is what many of us are looking forward to having, but that cannot be accomplished immediately and this will give an opportunity for a complete survey of the performing arts in our country. This can be accomplished and the status can be given importance if the right people are chosen to direct the work.

I am hoping that the bill will pass and that this will be accomplished because it is so very much needed.

Such a Council, for example, could work very closely with the National Cultural Center and develop that program so it is most representative, which is what the trustees hope.

Incidentally, I am not speaking for any of the groups that I am identified with.

Two points which I would like to mention are that I am vice president of the National Symphony Orchestra and also on the board of the American Symphony Orchestra League. But I have discussed this many times with my associates in all four of these groups and they are looking forward to the time when they can have such an Advisory Council active in Washington because of the great need.

I think we have to have such a survey made by the right body because there are many conclusions that our country is waiting for. One of those conclusions is contained in the bill 4174 which calls for Government aid to our various music and performing art organizations.

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Aid to Fine Arts: Hearing Before the Select Subcommittee on Education of the ...