Public Law 88-579
88th Congress, H. R. 9586
September 3, 1964

Sa Act

To psovide for the establishment of a National Council on the Arts to assist
in the growth and development of the arts in the United States.

 

78 STAT, 905,

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SHORT TITLE

Szorton 1. This Act may be cited as the “National Arts and Cul-
tural Development Act of 1964”.

DECLARATION OF POLICY

Sec. 2. 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 and support of the arts, while
primarily a matter for private and local initiative, is also an
appropriate matter of concern to the Federal Government;

(3) that the Nation’s prestige and general welfare will be pro-
moted by providing recognition that the arts and the creative
spirit which motivates them and which they personify are a
valued and essential part of the Nation’s resources;

(4) that it is in the best interests of the United States to main-
tain, develop, and disseminate the Nation’s artistic and cultural
resources; and

(5) that, in order to implement these findings, it is desirable
to establish a National Council on the Arts to provide such recog-
nition and assistance as will encourage and promote the Nation’s
artistic and cultural progress.

ASSURANCE AGAINST FEDERAL INTERFERENCE IN THE ARTS

Sec. 3. In the administration of this Act no department, agency,
officer, or employee of the United States shall exercise any direction,
supervision, or control, over the policy or program determination of
any group, State, or State agency involved in the arts.

ESTABLISHMENT OF THE COUNCIL

Sec. 4. There is hereby established in the Executive Office of the
President a National Council on the Arts (hereinafter referred to as
the “Council”).

MEMBERSHIP OF THE COUNCIL

suc. 5, (a) ‘Phe Council shall be composed of the Chairman pro-
vided for m section 6 of this Act, the Secretary of the Smithsonian
Institution, ex officio, and twenty-four members appointed by the
President. Such members shall be selected (1) from among private
citizens of the United States who are widely recognized for their
broad knowledge of or experience in, or for their profound interest
in the arts; (2) so as to include practicing artists, civic cultural lead-
ers, members of the museum profession, and others who are. profes-
sionally engaged in the arts; and (3) so as collectively to provide an
appropriate distribution of membership among the major art fields.
The President is requested in the making of such appointments te
give consideration to such recommendations as may from time to

National Arts and
Cultural Develops»
ment Act of 1964,

National Council
on the Artse
Pub. Law 88-579 ~ 2 = September 3, 1964

78 STAT.» 906

 

Term of office.

Vacancy «

63 State 1663
75 State 339,
340,

Quorum »

Art be submitted to him by leading national organizations in these
elds.

(b) Each member of the Council shall hold office for a term of six
years, except that (1) any member appointed to fill a vacancy oc-
curring 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, eight at the
end of the second year, eight at the end of the fourth year, and eight
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.

(c) Any vacancy in the Council shall not affect its powers, but
shall be filled in the same manner in which the original appointment
was made.

CHAIRMAN OF THE COUNCIL

Sec. 6. (a) The President shall appoint, by and with the advice
and consent of the Senate, a Chairman of the Council (hereinafter
referred to as the “Chairman”) 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, the arts. In addi-
tion, he shall advise the President with respect to the activities of
the Federal Government in the arts. Ifa vacancy occurs in the office
of the Chairman the President shall fill the vacancy in the same
manner in which the original appointment was made.

(b) The Chairman shall serve at the pleasure of the President,
but not in excess of eight consecutive years, and shall not be eligible
for reappointment during the four-year period following the expira-
tion of his last period of service as Chairman. The provisions of
this subsection shall apply to any person appointed to fill a vacancy
in the office of the Chairman.

(c) The Chairman shall receive compensation at the rate of $21,000
per annum, and shall be reimbursed for travel and subsistence expenses
incurred by him while away from his home or regular place of busi-
ness in accordance with the Travel Expense Act of 1949, as amended
(5 U.S.C. 836-842), and the Standardized Government Travel
Regulations.

DUTIES AND RESPONSIBILITIES OF THE COUNCIL

Sxo. 7. (a) The Council shall meet at the call of the Chairman but
not less often than twice during each calendar year. Thirteen mem-
bers of the Council shall constitute a quorum.

(b) 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) advise and
consult with local, State, and Federal departments and agencies, on
methods by which to coordinate existing resources and facilities, and
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) conduct studies and make recommendations with a view to formu-
lating methods or ways by which creative activity and high standards
and Increased opportunities in the arts may be encouraged and pro-
moted in the best. interests of the Nation’s artistic and cultural prog-
ress, and a greater appreciation and enjoyment of the arts by our citi-
zens can be encouraged and developed.

(c) In selecting subjects to be studied pursuant to subsection (b)
of this section, the Council (1) shall consider requests submitted to it
by the heads of departments and agencies of the Federal Government,
September 3, 1964 oe Be Pub. Law 98-579
78 STAT. 907.

and (2) may obtain the advice of any interested and qualified persons
and organizations. In making its studies pursuant to such subsec-
tion, the Council may obtain assistance from such committees and
panels as may be appointed by the Chairman from among those per-
sons professionally qualified in the fields of art with which such studies
are concerned, who are recommended to him by the Council,

(d) Not later than ninety days after the end of each fiscal year, the
Council shall submit to the President and the Congress an annual re-
port setting forth its activities pursuant to subsection (b) of this sec-
tion. In addition, the Council shall submit to the President reports
and recommendations with respect to its activities at such time or times
as the President shall request or the Council deems appropriate. The
President shall transmit such recommendations as he may deem fit,
together with his comments thereon, to the Congress.

COMPENSATION OF MEMBERS OF THE COUNCIL

Sec. 8. 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 duties related to such meetings, or while
engaged in the conduct of studies authorized by this title, shall receive
compensation at a rate to be fixed by the Chairman, but not exceed-
ing $75 per diem and shall be paid travel expenses, including per diem
in lieu of subsistence, as authorized by law (5 U.S.C. 78b-2) for per-
sons in the Government service employed intermittently.

STAFF OF THE COUNCIL

Szc. 9. (a) The Chairman is authorized to appoint, subject to the
civil service laws, such secretarial, clerical, and other staff assistance
as is necessary to enable the Chairman and the Council, and its special
committees, to carry out their functions and duties, and to fix the
compensation of persons so appointed in accordance with the Classi-
fication Act of 1949.

Reports to
President and
Congress.

60 Stat, 8083
75 Stats, 3395
340.

63 State 9543

(b) The Chairman is authorized to procure in accordance with such S2tg» Ps 400.

policies as the Council shall from time to time prescribe, without
regard to the civil service laws and the classification laws, temporary
and intermittent services to the same extent as is authorized for the
departments by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a),
but at rates for individuals not in excess of 7 5a day.

EXPENSES OF THE COUNCIL

Szc. 10. There are hereby authorized to be appropriated to the
Council such sums as may be necessary, not to exceed $150,000, to carry
out the purposes of this Act.

GENERAL PROVISIONS

Sec. 11. (a) This Act shall not be deemed to invalidate any pro-
vision in any act of Congress or Executive order vesting authority in

a Commission of Fine Arts or any other statutory Federal advisory
y:

5 USC 1071 notes

60 State 810.

Appropriations
Pub. Law 88-579 ~ 4 « September 3, 1964

78 STAT, 907«
(b) Nothing contained in this Act shall be construed to authorize
the Council to undertake any duty or responsibility which is the duty

or responsibility of any other Federal advisory body established by
law as of the date of enactment of this Act.

Approved September 3, 1964.

 

LEGISLATIVE HUSTORYs

HOUSE REPORT Noe 1476 (Comm. on Education & Labor).
CONGRESSIONAL RECORD, Vol. 110 (1964):

Auge 202 Considered and passed House.

Auge 212 Considered and passed Senates

GPO 35-139