88ru CONGRESS
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IN THE HOUSE OF REPRESENTATIVES

January 9, 1963

Mr. Foearry introduced the following bill; which was referred to the Com-
mittee on Education and Labor

 

A BILL

To establish a National Institute of the Arts and Humanities, to
authorize programs of information, education, advisory serv-
ices, and financial assistance for the encouragement and ad-
vancement of artistic and cultural activities, and for the devel-
opment of a more widespread appreciation of America’s
cultural heritage and accomplishments, and for other
purposes.

1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as the “Cultural Development
4 Act of 1963”,

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TITLE I—MISCELLANEOUS
FINDINGS AND PURPOSES OF ACT

Suc. 101. The Congress finds that the vitality, quality,
and further development of the arts and humanities in the
United States are matters of profound national interest, and
that the preservation and extension of the Nation’s cultural
resources requires that the Federal Government provide ap-
propriate encouragement and support to public and other
nonprofit agencies, institutions, organizations, and associa-
tions engaged in education in, sponsorship of, or otherwise
advancing, artistic and cultural interest and activity. The
Congress also finds that the -many Federal programs and
activities which involve, or which affect or are related to
the arts and humanities should be assessed and evaluated in
terms of their impact on American culture, and, insofar as it
is practical, be coordinated and related to broad cultural needs
and objectives.

While the Congress strongly affirms that individual
initiative and personal choice are the inviolable characteristics
of American art and culture, it recognizes that government
has a responsibility to help assure that conditions in our
society encourage creativity. Increasing urbanization and
population growth, greatly increased leisure time afforded by
industrial and agricultural technology, early retirement, and

extended lifespan and related factors have created. an enor-
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mous need and opportunity for the pursuit and enjoyment of
cultural interests. The failure of our society to meet this
need and to exploit this opportunity would be a tragic blow to
the general welfare of the American people.

Tt is the purpose of this Act to provide a means by which
the Federal Government can render effective assistance, in |
ways entirely appropriate for government, to efforts to en-
courage cultural development.

ASSURANCE AGAINST FEDERAL INTERFERENCE

Src. 102. In the administration of this Act, no depart-
ment, agency, officer, or employee of the United States shall
exercise any direction, supervision, or control over the policy
determination, personnel, curriculum, or the administration
or operation of any school or other non-Federal agency, in-
stitution, organization, er association.

DEFINITIONS

Src. 103. For purposes of this Act—

(a) The term “Commissioner” means the United States
Commissioner of Education.

(b) The term “Secretary” means the Secretary of
Health, Education, and Welfare.

(c) The term “State” means a State, the Common-
wealth of Puerto Rico, Guam, the Virgin Islands, American

Samoa, and the District of Columbia.
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(d) The term “nonprofit agencies, institutions, organ-

izations, or associations’ means those organizations described

“In section 501 (c) of the Internal Revenue Code of 1954.

(e) The term “art” or “arts” means both the perform-
ing and the nonperforming arts, including but not limited to
music, painting, sculpture, architecture, drama, the dance;
the term “humanities” includes modern and ancient language
and literature, history and philosophy; the term “culture”’
or “cultural” is used more broadly to characterize the whole
range of interests and activities that promote the enlighten-

ment and refinement of the public in intellectual and esthetic

matters.

EXEMPTION FROM CONFLICT-OF-INTEREST LAWS OF
MEMBERS OF ADVISORY COUNCIL

Sec. 104. (a) Any member of the Federal Advisory
Council appointed under this Act, who is not a regular full-
time employee of the United States, is hereby exempted,
with respect to such appointment, from the operation of sec-
tions 281, 283, and 1914 of title 18 of the United States
Code, and section 190 of the Revised Statutes (5 U.S.C.
99), except as otherwise specified in subsection (b) of this
section.

(b) The exemption granted by subsection (a) shall
not extend—

(1) to the receipt or payment of salary in con-
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nection with the appointee’s Government service from

any source other than the private employer of the ap-

pointee at the time of his appointment, or

(2) during the period of such appointment, to the

prosecution or participation in the prosecution, by any

person so appointed, of any claim against the Govern-

ment involving any matter with which such person, dur-

ing such period, is or was directly connected by reason

of such appointment.

AUTHORIZATION OF APPROPRIATIONS

SEc. 105. There is hereby authorized to be appropriated
for the fiscal year beginning July 1, 1963, and for each
fiscal year thereafter, such sums as may be necessary to carry
out the purposes of this Act.
TITLE JI—NATIONAL INSTITUTE OF ARTS AND

HUMANITIES

SEc. 201. There is hereby established in the United
States Office of Education a National Institute of Arts and
Humanities (hereafter referred to as the “Institute’). The
Institute shall consist of a Federal Advisory Council on Arts
and Humanities (hereafter referred to as the “Council”) and
a Director and staff.

FUNCTIONS OF THE INSTITUTE
SEC. 202. (a) The Institute is authorized and directed—

(1) to conduct studies and develop recommenda-
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tions for national policy in the encouragement of the arts
and humanities and in the advancement of culture;

(2) to support research, surveys, demonstrations, or
experimental projects designed to advance the arts and
humanities, including the evaluation of such activities,
through contracts with or grants to State and other
public agencies, institutions of higher education, or
public or other nonprofit agencies, institutions, organiza-
tions, or associations;

(3) to promote and advance education in the arts

and humanities by the production or commissioning,

| collection, and dissemination of films, records, tapes,

reproductions, or printed matter suitable for use in
courses or lectures in the arts conducted by schools,
colleges, and universities, or other nonprofit institutions
engaged in providing education in the arts and
humanities;

(4) to maintain a central clearinghouse of informa-
tion covering the various aspects of the arts and humani-
ties in the United States, including activities of other
Federal departments or agencies, and to make such in- |
formation available to the public;

| (5) to provide, through the award of graduate fel-

lowships or traineeships to individuals (within the limits

‘of such sums as the Congress may specifically appro-
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priate for this purpose) , or through arrangements (by
contract or grant) with groups specified in section 202
(a) (2) for the conduct of institutes or seminars, for
the training of teaching, technical and administrative
personnel who, in the judgment of the Council, are in
short supply and are most needed by educational and
other cultural institutions and agencies to promote the
advancement of the arts and humanities;

(6) to render consultative and advisory services to
other Federal departments and agencies, State and other
public agencies, public and other nonprofit educational
‘agencies and institutions, and to other nonprofit agencies,
institutions, organizations, or associations concerned
with education in or advancement of the arts and humani-
ties.

(b) In exercising the authority and discharging the func-
tions referred to in subsection (a) of this section, the Insti-
tute shall place primary emphasis upon the educational
aspects of the arts and humanities but it shall interpret “edu-
cation” broadly so as to include all levels, conducted formally
or informally by both public and private groups specified
in section 202 (a) (2) for the benefit of people of all ages.

(c) The Commissioner shall render an annual report
to the Secretary for submission on or before the 15th day

of January of each year to the Congress, summarizing the
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activities of the Institute and making such recommendations
as he may deem advisable. Such report shall include minor-
ity views and recommendations, if any, of members of the

Council.
TITLE ITI—FEDERAL ADVISORY COUNCIL ON
ARTS AND HUMANITIES

Sec. 301. (a) The Council shall consist of twenty-four
members to be appointed without regard to civil service laws
by the Secretary, and of the Institute Director ex officio,
and shall, as provided by this Act, advise the Commissioner
in the exercise of the authority granted to the Institute by
this Act, and advise the Secretary on national needs relating
to the arts and to the humanities in the United States. The
persons appointed as members (1) shall be eminent in the
education in or the practice, performance, administration,
criticism, or promotion of the arts, letters, or cultural in-
terests of the United States; (2) shall be selected solely on
the basis of records of distinguished service; and (3) shall
be so selected as to be-broadly representative of the artistic
and cultural interests encompassed by this Act.

(b) The term of office of each member of the Council’
(except that of the Director) shall be six years, except that
(1) any member appointed to fill a vacancy occurring prior
to the expiration of the term of his predecessor shall be ap-

pointed for the remainder of such term; and (2) the terms of
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office of members first appointed after the date of enactment -
of this Act shall expire, as designated by the Secretary,
eight at the end of two years, eight at the end of four years,
and eight at the end of six years.

(c) The Secretary shall call the first meeting of the
Council, at which the first order of business shall be the elec-
tion of a Chairman and a Vice Chairman. The Institute Di-
rector shall be secretary to the Council.

(d) The Council shall meet at least once annually and
at such other times as requested by the Commissioner. A
majority of the voting members shall constitute a quorum,
and each member shall be given reasonable notice in writing
of the call of a, meeting.

_(e) The Chairman and the Vice Chairman shall be
elected by the- Council at the first meeting for a term of
two years, and at every succeeding annual meeting occurrmg
at the end of each such two-year term, except that a vacancy
in either office may be filled by vote of the Council.

(f) The members of the Council shall receive compen-
sation at the rate of $100 for each day engaged in the
business of the Council pursuant to its authorization, and
shall be allowed 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.
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AUTHORITY OF COMMISSIONER
Sec. 302. In order to carry out the functions of the
Institute, the Commissioner shall have the authority, within
the limits of available appropriations, to do all things neces-
sary to carry out the provisions of this Act, including but
not limited to the authority—

(a) to prescribe such rules and regulations as he
deems necessary governing the manner of the Institute’s
operation and organization and personnel;

(b) to make such expenditures as may be necessary
for the administration of this Act:

(c) to make grants or enter into contracts or other
financial arrangements as authorized by this Act, except
that such grants, contracts, or other financial arrange-
ments shall be limited to those recommended by the
Council, or by a committee of members established by
the Council for this purpose;

(d) to make advance, progress, and other payments
in connection with contracts without regard to the pro-
visions of section 3648 of the Revised Statutes (31
U.S.C. 529) ;

(e) to acquire by purchase, lease, loan, or gift, and
to hold and dispose of by sale, lease, or loan, real and
personal property of all kinds necessary for, or resulting

from, the exercise of authority granted by this Act; —
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(f) to receive and use funds donated by others,
provided that such funds are donated without restriction
other than that they be used to further one or more of
the general purposes of the Institute ;

(g) to accept and utilize the services of voluntary
and uncompensated personnel and to provide transporta-
tion and subsistence as authorized by law for persons
serving without compensation; and

(h) to employ such personnel as he may deem
necessary to carry out the functions of the Institute
under this Act, not to exceed twenty of which may be
technical and professional persons including the Director
of the Institute compensated at rates not to exceed
$19,000 per annum without regard to civil service laws
and regulations and the Classification Act of 1949 (as
amended) ;

(i) the Commissioner is authorized to delegate any
of his functions under this Act, except the making of
regulations, to any officer or employee of the Office of

Education.