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

Page 167 TITLE 20—EDUCATION § 959 L. 99–194, title I, §§ 101(1), 109, Dec. 20, 1985, 99 Stat. 1332, 1339; Pub. L. 101–512, title III, § 318 [title I, § 108], Nov. 5, 1990, 104 Stat. 1960, 1970; Pub. L. 103–171, § 3(b)(2), Dec. 2, 1993, 107 Stat. 1991; Pub. L. 111–340, title II, § 208(2), Dec. 22, 2010, 124 Stat. 3603.) Editorial Notes AMENDMENTS 2010—Subsecs. (b), (c)(2), (3). Pub. L. 111–340 sub- stituted ‘‘Institute of Museum and Library Services’’ for ‘‘Institute of Museum Services’’. 1993—Subsec. (b). Pub. L. 103–171 substituted ‘‘Assist- ant Secretary for Aging’’ for ‘‘Commissioner on Aging’’. 1990—Subsec. (c)(7). Pub. L. 101–512, § 318 [title I, § 108(a)], added par. (7). Subsec. (d). Pub. L. 101–512, § 318 [title I, § 108(b)], struck out subsec. (d) which related to studies on Fed- eral support to museums and the impact of Institute of Museum Services and of conservation and preservation practices. 1985—Subsec. (b). Pub. L. 99–194, § 109(1), substituted ‘‘Chairperson’’ for ‘‘Chairman’’ in two places in first sentence, ‘‘presiding officer’’ for ‘‘Chairman’’ in second sentence, and ‘‘the President’’ for ‘‘he’’ in last sen- tence. Subsec. (c)(1). Pub. L. 99–194, § 109(2), substituted ‘‘Chairperson’’ for ‘‘Chairman’’ wherever appearing. Subsec. (d). Pub. L. 99–194, § 109(3), added subsec. (d). Former subsec. (d), relating to a study and report to the President and the Congress on artistic employment opportunities, was struck out. Subsec. (e). Pub. L. 99–194, § 109(3), struck out subsec. (e) which provided for a study and report to the Presi- dent and the Congress on arts and artifacts indem- nification. 1984—Subsec. (b). Pub. L. 98–306, § 6(a), inserted ‘‘the Director of the Institute of Museum Services,’’. Subsec. (c)(4). Pub. L. 98–306, § 6(b), struck out ‘‘and the Institute of Museum Services’’ after ‘‘Foundation’’. 1980—Subsec. (b). Pub. L. 96–496, §§ 106(a), 109(d), in- serted ‘‘the Commissioner on Aging,’’ and substituted ‘‘Secretary of Education’’ for ‘‘United States Commis- sioner of Education’’. Subsec. (c)(6). Pub. L. 96–496, § 106(b), added par. (6). Subsecs. (d), (e). Pub. L. 96–496, § 106(c), added subsecs. (d) and (e). 1976—Subsec. (c)(2), (3). Pub. L. 94–462, § 208(1), (2), added par. (2), redesignated former par. (2) as (3), and as so redesignated inserted ‘‘and the Institute of Museum Services,’’ after ‘‘Humanities,’’. Former par. (3) redes- ignated (4). Subsec. (c)(4), (5). Pub. L. 94–462, § 208(1), (3), redesig- nated former par. (3) as (4), inserted ‘‘and the Institute of Museum Services’’ after ‘‘Foundation’’, and redesig- nated former par. (4) as (5). 1973—Subsec. (b). Pub. L. 93–133 included the Commis- sioner, Public Buildings Service, General Service Ad- ministration, a member designated by the Secretary of the Interior, a member designated by the Chairman of the Senate Commission on Art and Antiquities, and a member designated by the Speaker of the House, as members of the Federal Council on the Arts and Hu- manities. 1970—Subsec. (b). Pub. L. 91–346 included the Archi- vist of the United States as a member of the Federal Council on the Arts and Humanities. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–512 effective Oct. 1, 1990, see section 318 [title IV, § 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 a a note under section 951 of this title. § 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 En- dowment for the Humanities, in carrying out their respective functions, shall each have au- thority— (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 recommenda- tion of the National Council of that Endow- ment, to receive money and other property do- nated, bequeathed, or devised to that Endow- ment with or without a condition or restric- tion, including a condition that the Chair- person use other funds of that Endowment for the purposes of the gift, except that a Chair- person may receive a gift without a rec- ommendation from the Council to provide sup- port 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 recommenda- tion in the event the Council fails to provide such recommendation within a reasonable pe- riod of time, and to use, sell, or otherwise dis- pose of such property for the purpose of car- rying 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, includ- ing panels of experts, who may be employed as authorized by section 3109 of title 5; (5) to accept and utilize the services of vol- untary and uncompensated personnel and re- imburse them for travel expenses, including per diem, as authorized by section 5703 of title 5 for persons in the Government service em- ployed without compensation; (6) to make advance, progress, and other payments without regard to section 3324 of title 31; (7) to rent office space in the District of Co- lumbia; and (8) to make other necessary expenditures. (b) Rules for distribution of donations, bequests, and devises; gifts with or without conditions; transfers for tax purposes (1) In any case in which any money or other property is donated, bequeathed, or devised to the Foundation without designation of the En- dowment for the benefit of which such property is intended, and without condition or restriction other than that it be used for the purposes of the Foundation, such property shall be deemed to have been donated, bequeathed, or devised in equal shares to each Endowment and each Chairperson of an Endowment shall have author- ity to receive such property. (2) In any case in which any money or other property is donated, bequeathed, or devised to Page 168 TITLE 20—EDUCATION § 959 the Foundation with a condition or restriction, such property shall be deemed to have been do- nated, bequeathed, or devised to that Endow- ment whose function it is to carry out the pur- pose or purposes described or referred to by the terms of such condition or restriction, and each Chairperson of an Endowment shall have author- ity to receive such property. (3) For the purposes of the preceding sentence, if one or more of the purposes of such a condi- tion or restriction is covered by the functions of both Endowments, or if some of the purposes of such a condition or restriction are covered by the functions of one Endowment and other of the purposes of such a condition or restriction are covered by the functions of the other Endow- ment, the Federal Council on the Arts and the Humanities shall determine an equitable man- ner for distribution between each of the Endow- ments of the property so donated, bequeathed, or devised. (4) For the purposes of the income tax, gift tax, and estate tax laws of the United States, any money or other property donated, be- queathed, or devised to the Foundation or one of its Endowments and received by the Chairperson of an Endowment pursuant to authority derived under this subsection shall be deemed to have been donated, bequeathed, or devised to or for the use of the United States. (c) Advisory panels; membership; procedures The Chairperson of the National Endowment for the Arts shall utilize advisory panels to re- view applications, and to make recommenda- tions to the National Council on the Arts in all cases except cases in which the Chairperson ex- ercises authority delegated under section 955(f) of this title. When reviewing applications, such panels shall recommend applications for projects, productions, and workshops solely on the basis of artistic excellence and artistic merit. The Chairperson shall issue regulations and establish procedures— (1) to ensure that all panels are composed, to the extent practicable, of individuals reflect- ing a wide geographic, ethnic, and minority representation as well as individuals reflecting diverse artistic and cultural points of view; (2) to ensure that all panels include rep- resentation of lay individuals who are knowl- edgeable about the arts but who are not en- gaged in the arts as a profession and are not members of either artists’ organizations or arts organizations; (3) to ensure that, when feasible, the proce- dures used by panels to carry out their respon- sibilities are standardized; (4) to require panels— (A) to create written records summa- rizing— (i) all meetings and discussions of such panel; and (ii) the recommendations made by such panel to the Council; and (B) to make such records available to the public in a manner that protects the privacy of individual applicants and panel members; (5) to require, when necessary and feasible, the use of site visitations to view the work of the applicant and deliver a written report on the work being reviewed, in order to assist panelists in making their recommendations; and (6) to require that the membership of each panel change substantially from year to year and to provide that each individual is ineli- gible to serve on a panel for more than 3 con- secutive years. In making appointments to panels, the Chair- person shall ensure that an individual who has a pending application for financial assistance under this subchapter, or who is an employee or agent of an organization with a pending applica- tion, does not serve as a member of any panel before which such application is pending. The prohibition described in the preceding sentence shall commence with respect to such individual beginning on the date such application is sub- mitted and shall continue for so long as such ap- plication is pending. (d) Endowment activities reports The Chairperson of the National Endowment for the Arts and the Chairperson of the National Endowment for the Humanities shall each sub- mit an annual report to the President for trans- mittal to the Congress on or before the 15th day of April of each year. The report shall summa- rize the activities of the Endowment for the pre- ceding year, and may include such recommenda- tions as the Chairperson deems appropriate. (e) Council activities reports The National Council on the Arts and the Na- tional Council on the Humanities, respectively, may each submit an annual report to the Presi- dent for transmittal to the Congress on or before the 15th day of April of each year setting forth a summary of its activities during the preceding year or its recommendations for any measures which it considers necessary or desirable. (f) Post-award evaluation of assisted projects, productions, and programs; reports; exten- sion of time for compliance; failure to satisfy purposes of assistance (1) The Chairperson of the National Endow- ment for the Arts and the Chairperson of the Na- tional Endowment for the Humanities shall con- duct a post-award evaluation of projects, pro- ductions, and programs for which financial as- sistance is provided by their respective Endow- ments under sections 954(c) and 956(c) of this title. Such evaluation may include an audit to determine the accuracy of the reports required to be submitted by recipients under clauses (i) and (ii) of paragraph (2)(A). As a condition of re- ceiving such financial assistance, a recipient shall comply with the requirements specified in paragraph (2) that are applicable to the project, production, or program for which such financial assistance is received. (2)(A) The recipient of financial assistance provided by either of the Endowments shall sub- mit to the Chairperson of the Endowment in- volved— (i) a financial report containing such infor- mation as the Chairperson deems necessary to ensure that such financial assistance is ex- pended in accordance with the terms and con- ditions under which it is provided; Page 169 TITLE 20—EDUCATION § 959 1 So in original. Subsec. (c)(3) does not contain a subpar. (A). (ii) a report describing the project, produc- tion, or program carried out with such finan- cial assistance; and (iii) if practicable, as determined by the Chairperson, a copy of such project, produc- tion, or program. (B) Such recipient shall comply with the re- quirements of this paragraph not later than 90 days after the end of the period for which such financial assistance is provided. The Chair- person may extend the 90-day period only if the recipient shows good cause why such an exten- sion should be granted. (3) If such recipient substantially fails to sat- isfy the purposes for which such financial assist- ance is provided and the criteria specified in subsection (c)(3)(A),1 as determined by the Chairperson of the Endowment that provided such financial assistance, then such Chairperson may— (A) for purposes of determining whether to provide any subsequent financial assistance, take into consideration the results of the post- award evaluation conducted under this sub- section; (B) prohibit the recipient of such financial assistance to use the name of, or in any way associate such project, production, or program with the Endowment that provided such finan- cial assistance; and (C) if such project, production, or program is published, require that the publication con- tain the following statement: ‘‘The opinions, findings, conclusions, and recommendations expressed herein do not reflect the views of the National Endowment for the Arts or the National Endowment for the Humanities.’’ (Pub. L. 89–209, § 10, Sept. 29, 1965, 79 Stat. 852; Pub. L. 90–348, § 5, June 18, 1968, 82 Stat. 186; Pub. L. 91–346, §§ 5(a)(3), 10, 11, July 20, 1970, 84 Stat. 443, 446; Pub. L. 93–133, § 2(a)(9), (10), Oct. 19, 1973, 87 Stat. 465; Pub. L. 96–496, title I, § 107, Dec. 4, 1980, 94 Stat. 2588; renumbered title I, § 10, Pub. L. 98–306, § 2, May 31, 1984, 98 Stat. 223; renum- bered § 10 and amended Pub. L. 99–194, title I, §§ 101(1), 110, Dec. 20, 1985, 99 Stat. 1332, 1339; Pub. L. 101–512, title III, § 318 [title I, § 109], Nov. 5, 1990, 104 Stat. 1960, 1970.) Editorial Notes CODIFICATION In subsec. (a)(5), reference to ‘‘section 5703 of title 5’’ substituted for ‘‘law (5 U.S.C. 73b–2)’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organiza- tion and Employees. AMENDMENTS 1990—Subsec. (a). Pub. L. 101–512, § 318 [title I, § 109(5)(A)], redesignated concluding provisions of sub- sec. (a) as subsec. (b). Subsec. (a)(4). Pub. L. 101–512, § 318 [title I, § 109(1)(A)], struck out ‘‘from time to time, as appropriate,’’ after ‘‘to utilize’’. Subsec. (a)(6). Pub. L. 101–512, § 318 [title I, § 109(1)(B)], substituted ‘‘section 3324 of title 31’’ for ‘‘the provisions of section 3648 of the Revised Statutes (31 U.S.C. 529)’’. Subsec. (b). Pub. L. 101–512, § 318 [title I, § 109(9)], which directed amendment of this section by striking the sixth sentence and all that follows through ‘‘pend- ing.’’ was executed by striking all that follows through ‘‘pending.’’ the second place it appeared to reflect the probable intent of Congress. The provisions struck out read as follows: ‘‘In selecting panels of experts under clause (4) to review and make recommendations with respect to the approval of applications for financial as- sistance under this subchapter, each Chairperson shall appoint individuals who have exhibited expertise and leadership in the field under review, who broadly rep- resent diverse characteristics in terms of aesthetic or humanistic perspective, and geographical factors, and who broadly represent cultural diversity. Each Chair- person shall assure that the membership of panels changes substantially from year to year, and that no more than 20 per centum of the annual appointments shall be for service beyond the limit of three consecu- tive years on a subpanel. In making appointments, each Chairperson shall give due regard to the need for expe- rienced as well as new members on each panel. Panels of experts appointed to review or make recommenda- tions with respect to the approval of applications or projects for funding by the National Endowment for the Arts shall, when reviewing such applications and projects, recommend for funding only applications and projects that in the context in which they are pre- sented, in the experts’ view, foster excellence, are re- flective of exceptional talent, and have significant lit- erary, scholarly, cultural, or artistic merit. Whenever there is pending an application submitted by an indi- vidual for financial assistance under section 954(c) of this title, such individual may not serve as a member of any subpanel (or panel where a subpanel does not exist) before which such application is pending. The prohibition described in the previous sentence shall commence on the date the application is submitted and continue for so long as the application is pending.’’ Pub. L. 101–512, § 318 [title I, § 109(8)], which directed amendment of the fifth sentence of this section by making the substitution for ‘‘For the purpose’’, was ex- ecuted by substituting ‘‘(4) For the purposes’’ for ‘‘For the purposes’’ to reflect the probable intent of Con- gress. Pub. L. 101–512, § 318 [title I, § 109(4)–(7)], redesignated concluding provisions of subsec. (a) as subsec. (b), in- serted pars. (1), (2), and (3) designations, and struck out ‘‘(A)’’ before ‘‘without designation’’ and ‘‘(B)’’ before ‘‘without condition’’. Former subsec. (b) redesignated (d). Subsecs. (c) to (e). Pub. L. 101–512, § 318 [title I, § 109(3), (4), (9)], added subsec. (c), redesignated former subsecs. (b) and (c) as (d) and (e), respectively, and struck out former subsec. (e) which related to studies and reports on the state and quality of arts and human- ities education in public elementary and secondary schools. Former subsec. (d) redesignated (f). Subsec. (f). Pub. L. 101–512, § 318 [title I, § 109(2)–(4)], redesignated subsec. (d) as (f) and, in par. (3), sub- stituted ‘‘subsection (c)(3)(A)’’ for ‘‘the last sentence of subsection (a)’’, and struck out former subsec. (f) which related to report to Congress on selection of experts for appointment to panels, and procedures for rec- ommendations on financial assistance applications. 1985—Subsec. (a). Pub. L. 99–194, § 110(1), substituted ‘‘Chairperson’’ for ‘‘Chairman’’ in two places in provi- sions preceding cl. (1); in cl. (1) substituted ‘‘the chair- person’’ and ‘‘the chairperson’s’’ for ‘‘he’’ and ‘‘his’’, re- spectively; in cl. (2) substituted ‘‘Chairperson’’ for ‘‘Chairman’’ wherever appearing; in cl. (3) substituted ‘‘the Chairperson’s’’ for ‘‘his’’; in cl. (4) substituted ‘‘section 3109 of title 5’’ for ‘‘section 15 of the Adminis- trative Expenses Act of 1946, as amended (5 U.S.C. 55a)’’ and struck out proviso that any advisory panel ap- pointed to review or make recommendations with re- spect to the approval of applications or projects for funding was to have broad geographic and culturally di- verse representation; and in provisions following par. (8) substituted ‘‘Chairperson’’ for ‘‘Chairman’’ wherever appearing and inserted provisions relating to the selec- tion of a panel of experts to review financial assistance Page 170 TITLE 20—EDUCATION § 959a applications and the considerations to be made in the review of such applications. Subsec. (b). Pub. L. 99–194, § 110(2), substituted ‘‘Chairperson’’ for ‘‘Chairman’’ wherever appearing. Subsecs. (d) to (f). Pub. L. 99–194, § 110(3), added sub- secs. (d) to (f). Former subsec. (d), relating to studies and reports to the President and the Congress on en- dowment uses of donations, bequests, and devises, was struck out. 1980—Subsec. (a)(4). Pub. L. 96–496, § 107(a), inserted ‘‘and culturally diverse’’. Subsecs. (b), (c). Pub. L. 96–496, § 107(b), (c), sub- stituted ‘‘April’’ for ‘‘January’’. Subsec. (d). Pub. L. 96–496, § 107(d), added subsec. (d). 1973—Subsec. (a)(2). Pub. L. 93–133, § 2(a)(9), added ex- ception that a Chairman 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 recommenda- tion when the Council fails to recommend within a rea- sonable period of time. Subsec. (a)(4). Pub. L. 93–133, § 2(a)(10), inserted pro- viso that any advisory panel appointed to review or make recommendations with respect to the approval of applications or projects for funding shall have broad geographic representation. 1970—Subsec. (a)(2). Pub. L. 91–346, § 5(a)(3), struck out reference to the functions transferred by section 955(a) of this title. Subsec. (a)(3) to (5). Pub. L. 91–346, § 11(1)–(3), inserted ‘‘to’’ at beginning of cls. (3) to (5). Subsec. (a)(6) to (8). Pub. L. 91–346, §§ 10, 11(4), (5), re- designated cls. (6) and (7), and all references thereto, as cls. (7) and (8), added new cl. (6), and inserted ‘‘to’’ at beginning of cls. (7) and (8). 1968—Subsec. (a). Pub. L. 90–348 combined provisions of cls. (2) and (3) into cl. (2), and, in cl. (2) as thus com- bined, extended the area for the exercise of discretion of the Chairman of an Endowment, after receiving the recommendation of the National Council of that En- dowment, in the disposition of gifts to include both gifts made with condition and gifts made without con- dition, redesignated cls. (4) to (8) as (3) to (7), and in provisions following cl. (7), struck out references to cls. (2) and (3) wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–512 effective Oct. 1, 1990, see section 318 [title IV, § 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 Amendment by section 5(a)(3) of Pub. L. 91–346 effec- tive 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 of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which certain reporting requirements under subsec. (d) of this section are listed in item 7 on page 183), see section 3003 of Pub. L. 104–66, as amended, and section 1(a)(4) [div. A, § 1402(1)] of Pub. L. 106–554, set out as notes under section 1113 of Title 31, Money and Finance. Executive Documents DELEGATION OF CERTAIN REPORTING AUTHORITY Memorandum of President of the United States, Dec. 8, 2004, 69 F.R. 74937, provided: Memorandum for the Chairperson of the National En- dowment for the Arts By the authority vested in me as President by the Constitution and the laws of the United States, includ- ing section 301 of title 3, United States Code, I hereby delegate to you the functions conferred upon the Presi- dent in the National Foundation on the Arts and Hu- manities Act of 1965, as amended (20 U.S.C. 959(d)) to provide the specified report relating to the National Endowment for the Arts to the Congress. You are authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH. Memorandum of President of the United States, Dec. 8, 2004, 69 F.R. 74939, provided: Memorandum for the Chairperson of the National En- dowment for the Humanities By the authority vested in me as President by the Constitution and the laws of the United States, includ- ing section 301 of title 3, United States Code, I hereby delegate to you the functions conferred upon the Presi- dent in the National Foundation on the Arts and Hu- manities Act of 1965, as amended (20 U.S.C. 959(d)) to provide the specified report relating to the National Endowment for the Humanities to the Congress. You are authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH. § 959a. Gifts, bequests, and devises The National Endowment for the Arts and the National Endowment for the Humanities are on and after August 2, 2005, authorized to solicit, accept, receive, and invest in the name of the United States, gifts, bequests, or devises of money and other property or services and to use such in furtherance of the functions of the Na- tional Endowment for the Arts and the National Endowment for the Humanities. Any proceeds from such gifts, bequests, or devises, after ac- ceptance by the National Endowment for the Arts or the National Endowment for the Human- ities, shall be paid by the donor or the rep- resentative of the donor to the Chairman. The Chairman shall enter the proceeds in a special interest-bearing account to the credit of the ap- propriate endowment for the purposes specified in each case. (Pub. L. 109–54, title IV, § 410, Aug. 2, 2005, 119 Stat. 551.) Editorial Notes CODIFICATION Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of the National Foundation on the Arts and the Human- ities Act of 1965 which comprises this subchapter. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation acts: Pub. L. 108–447, div. E, title III, § 310, Dec. 8, 2004, 118 Stat. 3094. Pub. L. 108–108, title III, § 310, Nov. 10, 2003, 117 Stat. 1303. Pub. L. 108–7, div. F, title III, § 310, Feb. 20, 2003, 117 Stat. 271. Pub. L. 107–63, title III, § 315, Nov. 5, 2001, 115 Stat. 467. Pub. L. 106–291, title III, § 318, Oct. 11, 2000, 114 Stat. 989. Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 319], Nov. 29, 1999, 113 Stat. 1535, 1501A–193. Pub. L. 105–277, div. A, § 101(e) [title III, § 320], Oct. 21, 1998, 112 Stat. 2681–231, 2681–289.