§ 955. — National Council on the Arts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC955]
TITLE 20--EDUCATION
CHAPTER 26--SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM
SERVICES
SUBCHAPTER I--NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
Sec. 955. National Council on the Arts
(a) Inclusion within the National Endowment for the Arts
There shall be, within the National Endowment for the Arts, a
National Council on the Arts (hereinafter in this section referred to as
the ``Council'').
(b) Appointment and composition of Council
(1) The Council shall be composed of members as follows:
(A) The Chairperson of the National Endowment for the Arts, who
shall be the chairperson of the Council.
(B) Members of Congress appointed for a 2-year term beginning on
January 1 of each odd-numbered year as follows:
(i) Two Members of the House of Representatives appointed by
the Speaker of the House of Representatives.
(ii) One Member of the House of Representatives appointed by
the Minority Leader of the House of Representatives.
(iii) Two Senator \1\ appointed by the Majority Leader of
the Senate.
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\1\ So in original. Probably should be ``Senators''.
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(iv) One Senator appointed by the Minority Leader of the
Senate.
Members of the Council appointed under this subparagraph shall serve
ex officio and shall be nonvoting members of the Council.
(C) 14 members appointed by the President, by and with the
advice and consent of the Senate, who shall be selected--
(i) from among private citizens of the United States who--
(I) are widely recognized for their broad knowledge of,
or expertise in, or for their profound interest in the arts;
and
(II) have established records of distinguished service,
or achieved eminence, in the arts;
(ii) so as to include practicing artists, civic cultural
leaders, members of the museum profession, and others who are
professionally engaged in the arts; and
(iii) so as collectively to provide an appropriate
distribution of membership among major art fields and interested
citizens groups.
In making such appointments, the President shall give due regard to
equitable representation of women, minorities, and individuals with
disabilities who are involved in the arts and shall make such
appointments so as to represent equitably all geographical areas in the
United States.
(2) Transition to the new council composition.--
(A) Notwithstanding subsection (b)(1)(B) of this section,
members first appointed pursuant to such subsection shall be
appointed not later than December 31, 1997. Notwithstanding such
subsection, such members shall be appointed to serve until December
31, 1998.
(B) Members of the Council serving on the effective date of this
subsection may continue to serve on the Council until their current
terms expire and new members shall not be appointed under subsection
(b)(1)(C) of this section until the number of Presidentially
appointed members is less than 14.
(c) Terms of office; vacancies
Each member appointed under subsection (b)(1)(C) of this section
shall hold office for a term of six years, and the terms of office shall
be staggered. The terms of office of all Council members appointed under
subsection (b)(1)(C) of this section shall expire on the third day of
September in the year of expiration. No member appointed under
subsection (b)(1)(C) of this section shall be eligible for reappointment
during the two-year period following the expiration of such member's
term. Any member appointed under subsection (b)(1)(C) of this section
appointed \2\ to fill a vacancy shall serve for the remainder of the
term for which such member's predecessor was appointed. Notwithstanding
any other provision of this subsection, a member appointed under
subsection (b)(1)(C) of this section shall serve after the expiration of
such member's term until such member's successor takes office.
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\2\ So in original.
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(d) Meetings of Council; quorum; written records
(1) The Council shall meet at the call of the Chairperson but not
less often than twice during each calendar year. Eight members of the
Council shall constitute a quorum. All policy meetings of the Council
shall be open to the public.
(2) The Council shall--
(A) create written records summarizing--
(i) all meetings and discussions of the Council; and
(ii) the recommendations made by the Council to the
Chairperson; and
(B) make such records available to the public in a manner that
protects the privacy of individual applicants, panel members, and
Council members.
(e) Compensation of members
Members shall receive compensation at a rate to be fixed by the
Chairperson but not to exceed the per diem equivalent of the rate
authorized for grade GS-18 by section 5332 of title 5 and be allowed
travel expenses including per diem in lieu of subsistence, as authorized
by law (section 5703 of title 5) for persons in the Government service
employed intermittently.
(f) Advisory functions; policies, programs, and procedures;
recommendations; authority of Chairperson; action by Chairperson
pursuant to delegation of authority
The Council shall advise the Chairperson with respect to policies,
programs, and procedures for carrying out the Chairperson's functions,
duties, or responsibilities under this subchapter, and review
applications for financial assistance under this subchapter and make
recommendations to the Chairperson with respect to the approval of each
application and the amount of financial assistance (if any) to provide
to each applicant. The Council shall make recommendations to the
Chairperson concerning--
(1) whether to approve particular applications for financial
assistance under subsections (c) and (p) of section 954 of this
title that are determined by panels under section 959(c) of this
title to have artistic excellence and artistic merit; and
(2) the amount of financial assistance the Chairperson should
provide with respect to each such application the Council recommends
for approval.
The Chairperson shall not approve or disapprove any such application
until the Chairperson has received the recommendation of the Council on
such application. The Chairperson shall have final authority to approve
each application, except that the Chairperson may only provide to an
applicant the amount of financial assistance recommended by the Council
and may not approve an application with respect to which the Council
makes a negative recommendation. In the case of an application involving
$30,000, or less, the Chairperson may approve or disapprove such request
if such action is taken pursuant to the terms of an expressed and direct
delegation of authority from the Council to the Chairperson, and
provided that each such action by the Chairperson shall be reviewed by
the Council, and that such action shall be used with discretion and
shall not become a normal practice of providing assistance under such
subsections, except that the terms of any such delegation of authority
shall not permit obligations for expenditure of funds under such
delegation for any fiscal year which exceed an amount equal to 10 per
centum of the sums appropriated for that fiscal year pursuant to
subparagraph (A) of paragraph (1) of section 960(a) of this title.
(Pub. L. 89-209, Sec. 6, Sept. 29, 1965, 79 Stat. 849; Pub. L. 90-348,
Sec. 4, June 18, 1968, 82 Stat. 185; Pub. L. 91-346, Sec. 5(b), July 20,
1970, 84 Stat. 444; Pub. L. 93-133, Sec. 2(a)(5), Oct. 19, 1973, 87
Stat. 463; Pub. L. 94-462, title I, Sec. 103(a), Oct. 8, 1976, 90 Stat.
1971; Pub. L. 96-496, title I, Sec. 103, Dec. 4, 1980, 94 Stat. 2584;
renumbered title I, Sec. 6, and amended Pub. L. 98-306, Secs. 2, 5(a),
May 31, 1984, 98 Stat. 223, 224; renumbered Sec. 6 and amended Pub. L.
99-194, title I, Secs. 101(1), 106, Dec. 20, 1985, 99 Stat. 1332, 1335;
Pub. L. 101-512, title III, Sec. 318 [title I, Sec. 106], Nov. 5, 1990,
104 Stat. 1960, 1968; Pub. L. 105-83, title III, Sec. 346(e), (f), Nov.
14, 1997, 111 Stat. 1605, 1606; Pub. L. 105-119, title VI, Sec. 624,
Nov. 26, 1997, 111 Stat. 2522; Pub. L. 105-277, div. A, Sec. 101(e)
[title III, Sec. 330], Oct. 21, 1998, 112 Stat. 2681-231, 2681-293.)
References in Text
The effective date of this subsection, referred to in subsec.
(b)(2)(B), probably means Nov. 14, 1997, the date of enactment of Pub.
L. 105-83 which amended subsec. (b) of this section generally.
Amendments
1998--Subsec. (b)(1)(B)(iii). Pub. L. 105-277 substituted ``Two''
for ``One''.
1997--Subsec. (b). Pub. L. 105-83, Sec. 346(e), inserted heading and
amended text of subsec. (b) generally. Prior to amendment, text read as
follows: ``The Council shall be composed of the Chairperson of the
National Endowment for the Arts, who shall be Chairperson of the
Council, and twenty-six other members appointed by the President, by and
with the advice and consent of the Senate, who shall be selected--
``(1) from among private citizens of the United States who (A)
are widely recognized for their broad knowledge of, or expertise in,
or for their profound interest in, the arts and (B) have established
records of distinguished service, or achieved eminence, in the arts;
``(2) so as to include practicing artists, civic cultural
leaders, members of the museum profession, and others who are
professionally 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, to give
consideration to such recommendations as may, from time to time, be
submitted to the President by leading national organizations in these
fields. In making such appointments, the President shall give due regard
to equitable representation of women, minorities, and individuals with
disabilities who are involved in the arts. Members of the Council shall
be appointed so as to represent equitably all geographical areas in the
United States.''
Subsec. (c). Pub. L. 105-83, Sec. 346(f), inserted ``appointed under
subsection (b)(1)(C) of this section'' after ``member'' wherever
appearing and after ``all Council members'' in second sentence.
Subsec. (d)(1). Pub. L. 105-119, which directed the substitution of
``eight'' for ``fourteen'', was executed by substituting ``Eight'' for
``Fourteen'' to reflect the probable intent of Congress.
1990--Subsec. (b). Pub. L. 101-512, Sec. 318 [title I, Sec. 106(a)],
inserted at end ``Members of the Council shall be appointed so as to
represent equitably all geographical areas in the United States.''
Subsec. (d). Pub. L. 101-512, Sec. 318 [title I, Sec. 106(b)],
designated existing text as par. (1), inserted at end ``All policy
meetings of the Council shall be open to the public.'', and added par.
(2).
Subsec. (f). Pub. L. 101-512, Sec. 318 [title I, Sec. 106(c)],
struck out ``(1)'' and ``(2)'' before ``advise the Chairperson'' and
``review applications for'', respectively, struck out ``thereon'' before
``to the Chairperson'', inserted before period at end of first sentence
``with respect to the approval of each application and the amount of
financial assistance (if any) to provide to each applicant'', struck out
``, unless the Council fails to make a recommendation thereon within a
reasonable time'' after ``on such application'', substituted ``an
expressed and direct delegation'' for ``a delegation'' and ``, and that
such action shall be used with discretion and shall not become a normal
practice of providing assistance under such subsections, except that''
for ``; Provided, That'', inserted ``The Chairperson shall have final
authority to approve each application, except that the Chairperson may
only provide to an applicant the amount of financial assistance
recommended by the Council and may not approve an application with
respect to which the Council makes a negative recommendation.'', and
inserted ``The Council shall make recommendations to the Chairperson
concerning--'' and added pars. (1) and (2) immediately thereafter.
1985--Subsec. (b). Pub. L. 99-194, Sec. 106(1), substituted
``Chairperson'' for ``Chairman'' in two places in provisions preceding
par. (1), in par. (1) designated existing provisions following ``who''
as cl. (A) and added cl. (B), and in provisions following par. (3)
substituted ``the President'' for ``him'' and inserted ``In making such
appointments, the President shall give due regard to equitable
representation of women, minorities, and individuals with disabilities
who are involved in the arts.''
Subsec. (c). Pub. L. 99-194, Sec. 106(2), substituted ``such
member's'' for ``his'' wherever appearing.
Subsecs. (d), (e). Pub. L. 99-194, Sec. 106(3), (4), substituted
``Chairperson'' for ``Chairman''.
Subsec. (f). Pub. L. 99-194, Sec. 106(5), substituted
``Chairperson'' for ``Chairman'' wherever appearing, ``the
Chairperson's'' for ``his'', ``until the Chairperson has received'' for
``until he has received'', and ``$30,000'' for ``$17,500''.
1984--Subsec. (c). Pub. L. 98-306, Sec. 5(a), inserted
``Notwithstanding any other provision of this subsection, a member shall
serve after the expiration of his term until his successor takes
office.''
1980--Subsec. (c). Pub. L. 96-496 provided that the terms of office
of all Council members were to expire on the third day of September in
the year of expiration.
1976--Subsec. (b). Pub. L. 94-462 inserted ``, by and with the
advice and consent of the Senate,'' after ``by the President''.
1973--Subsec. (f). Pub. L. 93-133 substituted ``$17,500'' for
``$10,000'' and inserted proviso that the terms of delegation of
authority shall not permit obligations for expenditure of funds under
such delegation for any fiscal year which exceed an amount equal to 10
per centum of the sums appropriated for that fiscal year.
1970--Pub. L. 91-346 generally incorporated into this section the
substantive provisions of the National Arts and Cultural Development Act
of 1964 except for the independent study authority of the National
Council on the Arts under the 1964 Act, provided for the appointment and
composition of the Council, prescribed the terms of office for members
of the Council, provided that the Council meet at the call of the
Chairman at least twice a year, established 14 as the number of members
constituting a quorum, set forth provisions governing compensation of
persons employed for the Government service on an intermittent basis,
and set forth functions and duties of the council essentially similar to
the function and duties of the Council as set out in this section prior
to this amendment.
1968--Subsec. (b). Pub. L. 90-348 inserted provision which
authorized the Chairman, in the case of any application involving
$10,000 or less, to approve or disapprove the application if such action
is pursuant to the terms of a delegation of authority from the Endowment
Council and such action is reviewed by the Endowment Council.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section 318
[title IV, Sec. 403(a)] of Pub. L. 101-512, set out as a note under
section 951 of this title.
Effective Date of 1973 Amendment
Amendment by Pub. L. 93-133 effective on and after July 1, 1973, see
section 2(b) of Pub. L. 93-133, set out as a note under section 951 of
this title.
Effective Date of 1970 Amendment
Section 5(d)(3)(A) of Pub. L. 91-346 provided that: ``The amendments
made by subsections (a) and (b) [amending this section and sections 954,
959, and 960 of this title] shall be effective after June 30, 1970.''
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
Continuation of Council as Established Under the National Arts and
Cultural Development Act of 1964
Section 5(d)(1) of Pub. L. 91-346 provided that: ``The National
Council on the Arts established under section 6 of the National
Foundation on the Arts and the Humanities Act of 1965 [this section], as
amended by subsection (b), shall, for any purpose determined to be
necessary by the Chairman of the National Endowment for the Arts, be
deemed to be a continuation of the National Council on the Arts
established under the National Arts and Cultural Development Act of
1964, Public Law 88-579 [former section 781 et seq. of this title],
without interruption.''
Appointees to Council Under National Arts and Cultural Development Act
of 1964 Deemed Appointed Under 1965 Act
Section 5(d)(2) of Pub. L. 91-346 provided that: ``Members appointed
to the National Council on the Arts pursuant to section 5 of the
National Arts and Cultural Development Act of 1964 [section 784 of this
title] shall be deemed to have been appointed as members of the National
Council on the Arts established under section 6 of the National
Foundation on the Arts and the Humanities Act of 1965 [this section],
with such terms of office as may be remaining under the prior
appointment on the effective date of the amendments made by subsection
(b) [July 1, 1970].''
Section Referred to in Other Sections
This section is referred to in section 959 of this title.
