pensation 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. 734-2) for persons in the Government service employed intermittently.

SEC. 5. (a) Any member of the Commission appointed under this Act, 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. 6374, 85th Cong., 1st sess.]

A BILL To provide for the establishment of a Federal Advisory Council on 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, That the Congress hereby finds and declares it to be the policy of the Congress in enacting this Act

(a) that the growth and flourishing of the arts depend upon freedom, imagination, and individual initiative;

(b) 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; and (c) 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 appointment. 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 (herein referred to as the "Secretary"), but not less often than twice 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 also provide the Council, its executive secretary, and members of its special committees, necessary secretarial, clerical, and other staff assistance.

SEC. 3. The Council shall, upon its own initiative or upon request by the Secretary (who in making his requests shall consider requests submitted to him by the heads of other Federal departments or agencies), undertake studies of, and make recommendations relating to, appropriate methods, consistent with the policies set forth in section 1, for encouragement of creative activity in the performance and practice of the arts and of participation in and appreciation of the arts. Such studies shall be conducted by special committees of persons, expert in the field of art involved, appointed by the Secretary after consultation with the Council. After considering reports on these studies, the Council shall make recommendations in writing to the Secretary. 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.

SEC. 4. Members of the Council, and members of special committees appointed pursuant to section 3, while attending meetings of the Council or while engaged in the conduct of studies hereunder, 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. 734-2) for persons in the Government service employed intermittently. SEC. 5. (a) Any member of the Council or of a special committee, appointed under this Act, and any other person appointed, employed, or utilized in an advisory or consultative capacity under this Act is hereby exempted, with respect to such apointment, 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, during the period of such appointment, employment, or utilization and the further period of two years after the termination thereof, not 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. 6642, 85th Cong., 1st sess.]

A BILL To provide for the establishment of a Federal Advisory Council on 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, That the Congress hereby finds and declares it to be the policy of the Congress in enacting this Act—

(a) that the growth and flourishing of the arts depend upon freedom, imagination, and individual initiative;

(b) 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; and

(c) 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 appointment. 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 (herein referred to as the "Secretary"), but not less often than twice 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 also provide the Council, its executive secretary, and members of its special committees, necessary secretarial, clerical, and other staff assistance.

SEC. 3. The Council shall, upon its own initiative or upon request by the Secretary (who in making his requests shall consider requests submitted to him by the heads of other Federal departments or agencies), undertake studies of, and make recommendations relating to, appropriate methods, consistent with the policies set forth in section 1, for encouragement of creative activity in the performance and practice of the arts and of participation in and appreciation of the arts. Such studies shall be conducted by special committees of persons, expert in the field of art involved, appointed by the Secretary after consultation with the Council. After considering reports on these studies, the Council shall make recommendations in writing to the Secretary. 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. SEC. 4. Members of the Council, and members of special committees appointed pursuant to section 3, while attending meetings of the Council or while engaged in the conduct of studies hereunder, 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. 734-2) for persons in the Government service employed intermittently.

94913-58

SEC. 5. (a) Any member of the Council or of a special committee, appointed under this Act, 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 su h 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, during the period of such appointment, employment, or utilization and the further period of two years after the termination thereof, not extend to the prosecution or participation in the prosecution, by any person so appointed, em loyed, 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. 7606, 85th Cong., 1st sess.]

A BILL To provide for the establishment of a Federal Advisory Commission on 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, 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) (1) There is hereby established, in the Department of Health, Education, and Welfare, a Federal Advisory Commission on the Arts (hereinafter in this Act referred to as the "Commission"). The Commission shall be composed of twenty-four members appointed by the President, from among private citizens of the United States who are widely recognized for their knowledge of of experience or profound interest in, one or more of the arts. Twenty-one of such members shall be representative of the following seven major art fields and each of the seven art fields shall have at least two representatives: Music; drama and dance; literature, architecture and allied arts; painting, sculpture, graphic and craft arts, and photography; motion pictures; and radio and television; and three members shall be persons who have been or are associated with organizations or institutions engaged in preserving, displaying, or advancing the arts, or promoting the creation or understanding of the arts. In making such appointments the President shall give due consideration to a balance of representation from the seven major art fields, appropriate to the activities of the Commission. (2) The term of office of each member of the Commission shall be six years, except that the terms of one-third of the members first appointed shall be two years, that of one-third shall be four years, and that of one-third shall be six years. No member of the Commission shall be eligible for reappointment during

a two-year period following the expiration of his term. The terms of office shall begin for the first members of the Commission on January 1, 1958.

(3) The Commission shall meet at the call of the Chairman or the Secretary of Health, Education, and Welfare (hereinafter referred to as the "Secretary"), but not less often than twice each calendar year. The President shall from time to time designate a member of the Commission to be Chairman.

(b) The Commission shall have an executive secretary who shall be appointed by the Secretary after consultation with the Commission. Within the limits of appropriations available therefor, the Secretary shall also provide the Commission, its executive secretary, and members of its special committees with necessary secretarial, clerical, and other staff assistance.

SEC. 3. (a) A major duty of the Commission shall be to recommend ways to maintain and increase the cultural resources of the United States. A primary purpose of the Commission 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 both nationally and internationally in the best interests of our country, and to stimulate greater appreciation of the arts by our citizens.

(b) To these ends the Commission 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. The Commission 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 Commission may obtain the advice of any interested and qualified persons and organizations.

SEC. 4. Members of the Commission, while attending meetings of the Commission or while engaged in the conduct of studies hereunder, 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. 734-2) for persons in the Government service employed intermittently.

SEC. 5. (a) Any member of the Commission appointed under this Act, 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. Mr. ELLIOTT. Our first witness today is the Honorable Frank Thompson, a Representative in Congress from the State of New Jersey, and the author of H. R. 3541.