§ 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.
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—
(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.—
(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.
(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.
(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.
[1] So in original. Probably should be “Senators”.
[2] So in original.