20 U.S.C. § 958 — Federal Council on the Arts and the Hu-

Page 166 TITLE 20—EDUCATION § 957a stituted ‘‘individuals who (1) are selected from among private citizens of the United States who are recog- nized for their broad knowledge of, expertise in, or commitment to the humanities, and (2) have estab- lished records of’’ for ‘‘selected on the basis of’’, and in- serted provision that in making such appointments, the President shall give due regard to equitable representa- tion of women, minorities, and individuals with disabil- ities who are involved in the humanities. Subsec. (c). Pub. L. 99–194, § 108(2), substituted ‘‘such member’s’’ for ‘‘his’’ wherever appearing. Subsecs. (d), (e). Pub. L. 99–194, § 108(3), substituted ‘‘Chairperson’’ for ‘‘Chairman’’ wherever appearing. Subsec. (f). Pub. L. 99–194, § 108(3), (4), substituted ‘‘Chairperson’’ for ‘‘Chairman’’ wherever appearing, ‘‘the Chairperson’s’’ for ‘‘his’’, and ‘‘until the Chair- person has received’’ for ‘‘until he has received’’. 1984—Subsec. (c). Pub. L. 98–306, § 5(b), inserted ‘‘Not- withstanding any other provisions of this subsection, a member shall serve after the expiration of his term until his successor takes office.’’ 1980—Subsec. (f). Pub. L. 96–496 substituted ‘‘$30,000’’ for ‘‘$17,500’’. 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 del- egation of authority shall not permit obligations for expenditure of funds under such delegation for any fis- cal year which exceeds an amount equal to 10 per cen- tum of the sums appropriated for that fiscal year. 1970—Subsec. (e). Pub. L. 91–346 set forth provisions governing compensation of persons employed for the Government service on an intermittent basis. 1968—Subsec. (f). Pub. L. 90–348 inserted provisions which authorized the Chairman, in the case of any ap- plication involving $10,000 or less, to approve or dis- approve the application if such action is pursuant to the terms of a delegation of authority from the Endow- ment Council and such action is reviewed by the En- dowment Council. Statutory Notes and Related Subsidiaries 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. 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 Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 957a. Omitted Editorial Notes CODIFICATION Section, Pub. L. 98–146, title II, Nov. 4, 1983, 97 Stat. 949, which directed that persons serving on National Council on the Humanities continue until their succes- sors are qualified for office, was omitted as superseded. See section 957(c) of this title, as amended by Pub. L. 98–306. Similar provisions were contained in Pub. L. 97–394, title II, Dec. 30, 1982, 96 Stat. 1994. § 958. Federal Council on the Arts and the Hu- manities (a) Establishment There is established within the Foundation a Federal Council on the Arts and the Humanities. (b) Composition; presiding officer; changes in membership to meet changes in programs or executive branch organization The Council shall be composed of the Chair- person of the National Endowment for the Arts, the Chairperson of the National Endowment for the Humanities, the Director of the Institute of Museum and Library Services, the Secretary of Education, the Secretary of the Smithsonian In- stitution, the Director of the National Science Foundation, the Librarian of Congress, the Di- rector of the National Gallery of Art, the Chair- man of the Commission of Fine Arts, the Archi- vist of the United States, the Commissioner, Public Buildings Service, General Services Ad- ministration, the Assistant Secretary for Aging, a member designated by the Secretary of State, and a member designated by the Secretary of the Interior, a member designated by the Chair- man of the Senate Commission on Art and An- tiquities, and a member designated by the Speaker of the House. The President shall des- ignate the presiding officer of the Council from among the members. The President is author- ized to change the membership of the Council from time to time as the President deems nec- essary to meet changes in Federal programs or executive branch organization. (c) Functions The Council shall— (1) advise and consult with the Chairperson of the National Endowment for the Arts and the Chairperson of the National Endowment for the Humanities on major problems arising in carrying out the purposes of the Founda- tion; (2) advise and consult with the National Mu- seum Services Board and with the Director of the Institute of Museum and Library Services on major problems arising in carrying out the purposes of such Institute; (3) coordinate, by advice and consultation, so far as is practicable, the policies and oper- ations of the National Endowment for the Arts, the National Endowment for the Human- ities, and the Institute of Museum and Library Services, including joint support of activities, as appropriate; (4) promote coordination between the pro- grams and activities of the Foundation and re- lated programs and activities of other Federal agencies; (5) plan and coordinate appropriate partici- pation (including productions and projects) in major and historic national events; (6) undertake studies and make reports which address the state of the arts and human- ities, particularly with respect to their eco- nomic needs and problems; and (7) encourage an ongoing dialogue in support of the arts and the humanities among Federal agencies. (Pub. L. 89–209, § 9, Sept. 29, 1965, 79 Stat. 851; Pub. L. 91–346, § 9, July 20, 1970, 84 Stat. 446; Pub. L. 93–133, § 2(a)(8), Oct. 19, 1973, 87 Stat. 464; Pub. L. 94–462, title II, § 208, Oct. 8, 1976, 90 Stat. 1977; Pub. L. 96–496, title I, §§ 106, 109(d), Dec. 4, 1980, 94 Stat. 2587, 2591; renumbered title I, § 9, and amended Pub. L. 98–306, §§ 2, 6, May 31, 1984, 98 Stat. 223, 224; renumbered § 9 and amended Pub. 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