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20 U.S.C. § 955 — National Council on the Arts

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 955 — National Council on the Arts

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Stable record: federal_law:legal_authorities:record_usc_2541a34c5cf5d33690000855
Source file: Laws/federal/codes/united-states-code/title-20/section-955-national-council-on-the-arts--42a58c9929.md
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Source location: Title 20, Chapter 26, § 955; chapter-026-support-and-scholarship-in-humanities-and-arts-museum-services.md

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**(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 11 So in original. Probably should be “Senators”. appointed by the Majority Leader of the Senate. (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) 18 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), 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) until the number of Presidentially appointed members is less than 14. **(c) Terms of office; vacancies** Each member appointed under subsection (b)(1)(C) 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) shall expire on the third day of September in the year of expiration. No member appointed under subsection (b)(1)(C) 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) appointed 22 So in original. 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) shall serve after the expiration of such member’s term until such member’s successor takes office. **(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. Ten 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim) and be allowed travel expenses including per diem in lieu of subsistence, as authorized by law ([section 5703 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section954&num=0&edition=prelim) that are determined by panels under [section 959(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section959/c&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section960/a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 954 — National Endowment for the Arts

**(a) Establishment** There is established within the Foundation a National Endowment for the Arts. **(b) Chairperson of the Endowment; term of office; vacancies** (1) The Endowment shall be headed by a chairperson, to be known as the Chairperson of the National Endowment for the Arts, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) The term of office of the Chairperson shall be four years and the Chairperson shall be eligible for reappointment. The provisions of this subsection shall apply to any person appointed to fill a vacancy in the office of Chairperson. Upon expiration of the Chairperson’s term of office the Chairperson shall serve until the Chairperson’s successor shall have been appointed and shall have qualified. **(c) Program of contracts, grants-in-aid, or loans to groups and individuals for projects and productions; traditionally underrepresented recipients of financial assistance** The Chairperson, with the advice of the National Council on the Arts, is authorized to establish and carry out a program of contracts with, or grants-in-aid or loans to, groups or, in appropriate cases, individuals of exceptional talent engaged in or concerned with the arts, for the purpose of enabling them to provide or support— (1) projects and productions which have substantial national or international artistic and cultural significance, giving emphasis to American creativity and cultural diversity and to the maintenance and encouragement of professional excellence; (2) projects and productions, meeting professional standards or standards of authenticity or tradition, irrespective of origin, which are of significant merit and which, without such assistance, would otherwise be unavailable to our citizens for geographic or

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 954

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5376 — Pay for certain senior-level positions

**(a)** This section applies to— (1) positions that are classified above GS–15 pursuant to section 5108; and (2) scientific or professional positions established under section 3104; but does not apply to— (A) any Senior Executive Service position under section 3132; or (B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151. **(b)** (1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be— (A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and (B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule. The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373. (2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate. (3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”. (4) No employee may suffer a reduction in pay by reaso

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5376

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5703 — Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay

An employee serving intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation expenses, under this subchapter, while away from his home or regular place of business and at the place of employment or service.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5703

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 951 — Declaration of findings and purposes

The Congress finds and declares the following: (1) The arts and the humanities belong to all the people of the United States. (2) The encouragement and support of national progress and scholarship in the humanities and the arts, while primarily a matter for private and local initiative, are also appropriate matters of concern to the Federal Government. (3) An advanced civilization must not limit its efforts to science and technology alone, but must give full value and support to the other great branches of scholarly and cultural activity in order to achieve a better understanding of the past, a better analysis of the present, and a better view of the future. (4) Democracy demands wisdom and vision in its citizens. It must therefore foster and support a form of education, and access to the arts and the humanities, designed to make people of all backgrounds and wherever located masters of their technology and not its unthinking servants. (5) It is necessary and appropriate for the Federal Government to complement, assist, and add to programs for the advancement of the humanities and the arts by local, State, regional, and private agencies and their organizations. In doing so, the Government must be sensitive to the nature of public sponsorship. Public funding of the arts and humanities is subject to the conditions that traditionally govern the use of public money. Such funding should contribute to public support and confidence in the use of taxpayer funds. Public funds provided by the Federal Government must ultimately serve public purposes the Congress defines. (6) The arts and the humanities reflect the high place accorded by the American people to the nation’s rich cultural heritage and to the fostering of mutual respect for the diverse beliefs and values of all

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 951

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5332 — The General Schedule

**(a)** (1) The General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule. (2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated “GS–1” through “GS–15”, consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303. **(b)** When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by [section 5504(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5504/b&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5332

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 781 to 788 — Repealed. Pub. L. 91–346, § 5(d)(3)(B), July 20, 1970, 84 Stat. 445

### Statutory Notes For general subject matter of sections 781 to 788, see [section 955 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section955&num=0&edition=prelim). Section 781, Pub. L. 88–579, § 2, Sept. 3, 1964, 78 Stat. 905, set forth a Congressional declaration of policy to encourage and promote the Nation’s artistic and cultural progress by establishing a National Council on the Arts. Section 782, Pub. L. 88–579, § 3, Sept. 3, 1964, 78 Stat. 905, proscribed Federal control over policy or program determination in the administration of this chapter. Section 783, Pub. L. 88–579, § 4, Sept. 3, 1964, 78 Stat. 905, established in the Executive Office of the President a National Council on the Arts. See [section 955 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section955&num=0&edition=prelim) and notes thereunder. Section 784, Pub. L. 88–579, § 5, Sept. 3, 1964, 78 Stat. 905; Pub. L. 89–209, § 6(d)(1), (2), Sept. 29, 1965, 79 Stat. 849, 850, provided for appointment, composition, terms of office and vacancies in the National Council on the Arts. Section 785, Pub. L. 88–579, § 6, Sept. 3, 1964, 78 Stat. 906; Pub. L. 89–209, § 5(d)(2)(A), Sept. 29, 1965, 79 Stat. 847; Pub. L. 90–83, § 10(b), Sept. 11, 1967, 81 Stat. 223, provided for appointment of a Chairman of the National Council on the Arts, his term of office and reimbursement for his expenses. Section 786, Pub. L. 88–579, § 7, Sept. 3, 1964, 78 Stat. 906; Pub. L. 89–209, § 6(d)(3), (4), Sept. 29, 1965, 79 Stat. 850, provided that the National Council on the Arts meet at the call of the Chairman at least twice a year, established 14 Council members as constituting a quorum, and set forth functions and duties of the Council. Section

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 781 to 788

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 959 — Administrative provisions

**(a) General authority of Chairpersons** In addition to any authorities vested in them by other provisions of this subchapter, the Chairperson of the National Endowment for the Arts and the Chairperson of the National Endowment for the Humanities, in carrying out their respective functions, shall each have authority— (1) to prescribe such regulations as the Chairperson deems necessary governing the manner in which the Chairperson’s functions shall be carried out; (2) in the discretion of the Chairperson of an Endowment, after receiving the recommendation of the National Council of that Endowment, to receive money and other property donated, bequeathed, or devised to that Endowment with or without a condition or restriction, including a condition that the Chairperson use other funds of that Endowment for the purposes of the gift, except that a Chairperson may receive a gift without a recommendation from the Council to provide support for any application or project which can be approved without Council recommendation under the provisions of sections 955(f) and 957(f) of this title, and may receive a gift of $15,000, or less, without Council recommendation in the event the Council fails to provide such recommendation within a reasonable period of time, and to use, sell, or otherwise dispose of such property for the purpose of carrying out sections 954(c) and 956(c) of this title; (3) to appoint employees, subject to the civil service laws, as necessary to carry out the Chairperson’s functions, define their duties, and supervise and direct their activities; (4) to utilize experts and consultants, including panels of experts, who may be employed as authorized by [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 959

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 960 — Authorization of appropriations

**(a) Contracts, grants-in-aid, and loans to groups, individuals, public agencies, and private nonprofit organizations; availability of appropriations; guidelines** (1) (A) (i) For the purpose of carrying out [section 954(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section954/c&num=0&edition=prelim), there are authorized to be appropriated to the National Endowment for the Arts $125,800,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993. (ii) For fiscal years— (I) 1991 and 1992 not less than 25 percent of the amount appropriated for the respective fiscal year; and (II) 1993 not less than 27.5 percent of the amount appropriated for such fiscal year; shall be for carrying out [section 954(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section954/g&num=0&edition=prelim). (iii) For fiscal years— (I) 1991 and 1992 not less than 5 percent of the amount appropriated for the respective fiscal year; and (II) 1993 not less than 7.5 percent of the amount appropriated for such fiscal year; shall be for carrying out programs under [section 954(p)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section954/p/2&num=0&edition=prelim) (relating to programs to expand public access to the arts in rural and innercity areas). Not less than 50 percent of the funds required by this clause to be used for carrying out such programs shall be used for carrying out such programs in rural areas. (B) For the purpose of carrying out [section 956(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section956/c&num=0&edition=prelim), there are author

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 960

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 955 — National Council on the Arts

Page 154 TITLE 20—EDUCATION § 954a 1 So in original. The comma probably should not appear. of this title] shall not apply with respect to plans sub- mitted for financial assistance to be provided with funds appropriated for fiscal year 1986.’’ 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 Amendment by section 5(a)(1), (2) of Pub. L. 91–346 ef- fective after June 30, 1970, see section 5(d)(3)(A) of Pub. L. 91–346, set out as a note under section 955 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (q) of this section relating to quadrennially submitting the state of the arts report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 183 of House Document No. 103–7. GAO STUDY REGARDING FEDERAL, STATE, AND LOCAL FUNDING OF THE ARTS Pub. L. 101–512, title III, § 318 [title I, § 111], Nov. 5, 1990, 104 Stat. 1960, 1974, required the Comptroller Gen- eral of the United States to conduct a study to evalu- ate the roles and responsibilities of the National En- dowment for the Arts, the States (including State agencies), and local arts agencies, in providing finan- cial assistance under this section, the relative effec- tiveness of the Endowment, and the existing capacity of the States to receive and manage increased alloca- tions, and to submit to Congress by Oct. 1, 1992, a re- port summarizing the results of the study. TEMPORARY INDEPENDENT COMMISSION TO REVIEW GRANT MAKING PROCEDURES AND CONSIDER STAND- ARDS FOR PUBLICLY FUNDED

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 955

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