20 U.S.C. § 954 : US Code - Section 954: National Endowment for the Arts

Search 20 U.S.C. § 954 : US Code - Section 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 economic reasons;
(3) projects and productions that will encourage and assist
artists and enable them to achieve wider distribution of their
works, to work in residence at an educational or cultural
institution, or to achieve standards of professional excellence;
(4) projects and productions which have substantial artistic
and cultural significance and that reach, or reflect the culture
of, a minority, inner city, rural, or tribal community;
(5) projects and productions that will encourage public
knowledge, education, understanding, and appreciation of the
arts;
(6) workshops that will encourage and develop the appreciation
and enjoyment of the arts by our citizens;
(7) programs for the arts at the local level;
(8) projects that enhance managerial and organizational skills
and capabilities;
(9) projects, productions, and workshops of the kinds described
in paragraphs (1) through (8) through film, radio, video, and
similar media, for the purpose of broadening public access to the
arts; and
(10) other relevant projects, including surveys, research,
planning, and publications relating to the purposes of this
subsection.
In the case of publications under paragraph (10) of this subsection
such publications may be supported without regard for the
provisions of section 501 of title 44 only if the Chairperson
consults with the Joint Committee on Printing of the Congress and
the Chairperson submits to the Committee on Labor and Human
Resources of the Senate and the Committee on Education and Labor of
the House of Representatives a report justifying any exemption from
such section 501. Any loans made by the Chairperson under this
subsection shall be made in accordance with terms and conditions
approved by the Secretary of the Treasury. In selecting individuals
and groups of exceptional talent as recipients of financial
assistance to be provided under this subsection, the Chairperson
shall give particular regard to artists and artistic groups that
have traditionally been underrepresented.
(d) Application for payment; regulations and procedures
No payment shall be made under this section except upon
application therefor which is submitted to the National Endowment
for the Arts in accordance with regulations issued and procedures
established by the Chairperson. In establishing such regulations
and procedures, the Chairperson shall ensure that -
(1) artistic excellence and artistic merit are the criteria by
which applications are judged, taking into consideration general
standards of decency and respect for the diverse beliefs and
values of the American public; and
(2) applications are consistent with the purposes of this
section. Such regulations and procedures shall clearly indicate
that obscenity is without artistic merit, is not protected
speech, and shall not be funded. Projects, productions,
workshops, and programs that are determined to be obscene are
prohibited from receiving financial assistance under this
subchapter from the National Endowment for the Arts.
The disapproval or approval of an application by the Chairperson
shall not be construed to mean, and shall not be considered as
evidence that, the project, production, workshop, or program for
which the applicant requested financial assistance is or is not
obscene.
(e) Limitation on amount of grant to group; grants and contracts of
the National Endowment for the Arts
The total amount of any grant to any group pursuant to subsection
(c) of this section shall not exceed 50 per centum of the total
cost of such project or production, except that not more than 20
per centum of the funds allotted by the National Endowment for the
Arts for the purposes of subsection (c) of this section for any
fiscal year may be available for grants and contracts in that
fiscal year without regard to such limitation.
(f) Eligibility for financial assistance
Any group shall be eligible for financial assistance pursuant to
this section only if (1) no part of its net earnings inures to the
benefit of any private stockholder or stockholders, or individual
or individuals, and (2) donations to such group are allowable as a
charitable contribution under the standards of subsection (c) of
section 170 of title 26.
(g) Grants to States for projects and productions; applications;
terms and conditions of State plans; minimum allotments; excess
appropriations; cost limitations; grants to regional groups; non-
Federal funding; definitions
(1) The Chairperson, with the advice of the National Council on
the Arts, is authorized to establish and carry out a program of
grants-in-aid to assist the several States in supporting existing
projects and productions which meet the standards enumerated in
subsection (c) of this section, and in developing projects and
productions in the arts in such a manner as will furnish adequate
programs, facilities, and services in the arts to all the people
and communities in each of the several States.
(2) In order to receive assistance under this subsection in any
fiscal year, a State shall submit an application for such grants at
such time as shall be specified by the Chairperson and accompany
such application with a plan which the Chairperson finds -
(A) designates or provides for the establishment of a State
agency (hereinafter in this section referred to as the "State
agency") as the sole agency for the administration of the State
plan;
(B) provides that funds paid to the State under this subsection
will be expended solely on projects and productions approved by
the State agency which carry out one or more of the objectives of
subsection (c) of this section;
(C) provides that the State agency will make such reports, in
such form and containing such information, as the Chairperson may
from time to time require, including a description of the
progress made toward achieving the goals of the State plan;
(D) provides -
(i) assurances that the State agency has held, after
reasonable notice, public meetings in the State to allow all
groups of artists, interested organizations, and the public to
present views and make recommendations regarding the State
plan; and
(ii) a summary of such recommendations and the State agency's
response to such recommendations; and
(E) contains -
(i) a description of the level of participation during the
most recent preceding year for which information is available
by artists, artists' organizations, and arts organizations in
projects and productions for which financial assistance is
provided under this subsection;
(ii) for the most recent preceding year for which information
is available, a description of the extent projects and
productions receiving financial assistance from the State arts
agency are available to all people and communities in the
State; and
(iii) a description of projects and productions receiving
financial assistance under this subsection that exist or are
being developed to secure wider participation of artists,
artists' organizations, and arts organizations identified under
clause (i) of this subparagraph or that address the
availability of the arts to all people or communities
identified under clause (ii) of this subparagraph.
No application may be approved unless the accompanying plan
satisfies the requirements specified in this subsection.
(3) Of the sums available to carry out this subsection for any
fiscal year, each State which has a plan approved by the
Chairperson shall be allotted at least $200,000. If the sums
appropriated are insufficient to make the allotments under the
preceding sentence in full, such sums shall be allotted among such
States in equal amounts. In any case where the sums available to
carry out this subsection for any fiscal year are in excess of the
amount required to make the allotments under the first sentence of
this paragraph -
(A) the amount of such excess which is no greater than 25 per
centum of the sums available to carry out this subsection for any
fiscal year shall be available only to the Chairperson for making
grants under this subsection to States and regional groups, and
(B) the amount of such excess, if any, which remains after
reserving in full for the Chairperson the amount required under
clause (A) shall be allotted among the States which have plans
approved by the Chairperson in equal amounts
but in no event shall any State be allotted less than $200,000.
(4)(A) The amount of each allotment to a State for any fiscal
year under this subsection shall be available to each State, which
has a plan approved by the Chairperson in effect on the first day
of such fiscal year, to pay not more than 50 per centum of the
total cost of any project or production described in paragraph (1).
The amount of any allotment made under paragraph (3) for any fiscal
year which exceeds $125,000 shall be available, at the discretion
of the Chairperson, to pay up to 100 per centum of such cost of
projects and productions if such projects and productions would
otherwise be unavailable to the residents of that State: Provided,
That the total amount of any such allotment for any fiscal year
which is exempted from such 50 per centum limitation shall not
exceed 20 per centum of the total of such allotment for such fiscal
year.
(B) Any amount allotted to a State under the first sentence of
paragraph (3) for any fiscal year which is not obligated by the
State prior to 60 days prior to the end of the fiscal year for
which such sums are appropriated shall be available for making
grants to regional groups.
(C) Funds made available under this subsection shall not be used
to supplant non-Federal funds.
(D) For the purpose of paragraph (3) and paragraph (4) of this
section the term "regional group" means any multistate group,
whether or not representative of contiguous States.
(E) For purposes of paragraph (3)(B), the term "State" includes,
in addition to the several States of the Union, only those special
jurisdictions specified in section 952(g) of this title which have
a population of 200,000 or more, according to the latest decennial
census.
(5) All amounts allotted or made available under paragraph (3)
for a fiscal year which are not granted to a State during such year
shall be available at the end of such year to the National
Endowment for the Arts for the purpose of carrying out subsection
(c) of this section.
(h) Suspension of grants for defaults, noncompliance with
provisions and plans, and diversion of funds; repayment of funds
Whenever the Chairperson, after reasonable notice and opportunity
for hearing, finds that -
(1) a group is not complying substantially with the provisions
of this section;
(2) a State agency is not complying substantially with the
terms and conditions of its State plan approved under this
section; or
(3) any funds granted to a group or State agency under this
section have been diverted from the purposes for which they were
allotted or paid,
the Chairperson shall immediately notify the Secretary of the
Treasury and the group or State agency with respect to which such
finding was made that no further grants will be made under this
section to such group or agency until there is no longer any
default or failure to comply or the diversion has been corrected,
or, if compliance or correction is impossible, until such group or
agency repays or arranges the repayment of the Federal funds which
have been improperly diverted or expended.
(i) Application for financial assistance; requirements
It shall be a condition of the receipt of financial assistance
provided under this section by the Chairperson or the State agency
that the applicant for such assistance include in its application -

(1) a detailed description of the proposed project, production,
workshop, or program for which the applicant requests such
assistance;
(2) a timetable for the completion of such proposed project,
production, workshop, or program;
(3) an assurance that the applicant will submit -
(A) interim reports describing the applicant's -
(i) progress in carrying out such project, production,
workshop, or program; and
(ii) compliance with this subchapter and the conditions of
receipt of such assistance;
(B) if such proposed project, production, workshop, or
program will be carried out during a period exceeding 1 year,
an annual report describing the applicant's -
(i) progress in carrying out such project, production,
workshop, or program; and
(ii) compliance with this subchapter and the conditions of
receipt of such assistance; and
(C) not later than 90 days after -
(i) the end of the period for which the applicant receives
such assistance; or
(ii) the completion of such project, production, workshop,
or program;
whichever occurs earlier, a final report to the Chairperson or
the State agency (as the case may be) describing the
applicant's compliance with this subchapter and the conditions
of receipt of such assistance; and
(4) an assurance that the project, production, workshop, or
program for which assistance is requested will meet the standards
of artistic excellence and artistic merit required by this
subchapter.
(j) Regulations for distribution of financial assistance in
installments; implementation
The Chairperson shall issue regulations to provide for the
distribution of financial assistance to recipients in installments
except in those cases where the Chairperson determines that
installments are not practicable. In implementing any such
installments, the Chairperson shall ensure that -
(1) not more than two-thirds of such assistance may be provided
at the time such application is approved; and
(2) the remainder of such assistance may not be provided until
the Chairperson finds that the recipient of such assistance is
complying substantially with this section and with the conditions
under which such assistance is provided to such recipient.
(k) Reviews to ensure compliance with regulations
The Inspector General of the Endowment shall conduct appropriate
reviews to ensure that recipients of financial assistance under
this section comply with the regulations under this subchapter that
apply with respect to such assistance, including regulations
relating to accounting and financial matters.
(l) Use of financial assistance for obscene project, production,
etc.; repayment of assistance; exceptions
(1) If, after reasonable notice and opportunity for a hearing on
the record, the Chairperson determines that a recipient of
financial assistance provided under this section by the Chairperson
or any non-Federal entity, used such financial assistance for a
project, production, workshop, or program that is determined to be
obscene, then the Chairperson shall require that until such
recipient repays such assistance (in such amount, and under such
terms and conditions, as the Chairperson determines to be
appropriate) to the Endowment; no subsequent financial assistance
be provided under this section to such recipient.
(2) Financial assistance repaid under this section to the
Endowment shall be deposited in the Treasury of the United States
and credited as miscellaneous receipts.
(3)(A) This subsection shall not apply with respect to financial
assistance provided before the effective date of this subsection.
(B) This subsection shall not apply with respect to a project,
production, workshop, or program after the expiration of the 7-year
period beginning on the latest date on which financial assistance
is provided under this section for such project, production,
workshop, or program.
(m) Labor standards of professional performers and personnel;
healthy and safe working conditions
It shall be a condition of the receipt of any grant under this
section that the group or individual of exceptional talent or the
State or State agency receiving such grant furnish adequate
assurances to the Secretary of Labor that (1) all professional
performers and related or supporting professional personnel (other
than laborers and mechanics with respect to whom labor standards
are prescribed in subsection (n) of this section) employed on
projects or productions which are financed in whole or in part
under this section will be paid, without subsequent deduction or
rebate on any account, not less than the minimum compensation as
determined by the Secretary of Labor to be the prevailing minimum
compensation for persons employed in similar activities; and (2) no
part of any project or production which is financed in whole or in
part under this section will be performed or engaged in under
working conditions which are unsanitary or hazardous or dangerous
to the health and safety of the employees engaged in such project
or production. Compliance with the safety and sanitary laws of the
State in which the performance or part thereof is to take place
shall be prima facie evidence of compliance. The Secretary of Labor
shall have the authority to prescribe standards, regulations, and
procedures as the Secretary of Labor may deem necessary or
appropriate to carry out the provisions of this subsection.
(n) Labor standards of laborers and mechanics
It shall be a condition of the receipt of any grant under this
section that the group or individual of exceptional talent or the
State or State agency receiving such grant furnish adequate
assurances to the Secretary of Labor that all laborers and
mechanics employed by contractors or subcontractors on construction
projects assisted under this section shall be paid wages at rates
not less than those prevailing on similar construction in the
locality as determined by the Secretary of Labor in accordance with
sections 3141-3144, 3146, and 3147 of title 40. The Secretary of
Labor shall have with respect to the labor standards specified in
this subsection the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 and section 3145 of title
40.
(o) Correlation and development of endowment programs with other
Federal and non-Federal programs; expenditure of appropriations
The Chairperson shall correlate the programs of the National
Endowment for the Arts insofar as practicable, with existing
Federal programs and with those undertaken by other public agencies
or private groups, and shall develop the programs of the Endowment
with due regard to the contribution to the objectives of this
subchapter which can be made by other Federal agencies under
existing programs. The Chairperson may enter into interagency
agreements to promote or assist with the arts-related activities of
other Federal agencies, on a reimbursable or nonreimbursable basis,
and may use funds authorized to be appropriated for the purposes of
subsection (c) of this section for the costs of such activities.
(p) Program of contracts or grants-in-aid to public agencies and
private nonprofit organizations; limitation on payments;
authority of Chairperson
(1) The Chairperson of the National Endowment for the Arts, with
the advice of the National Council on the Arts, is authorized, in
accordance with the provisions of this subsection, to establish and
carry out a program of contracts with, or grants-in-aid to, public
agencies and private nonprofit organizations, on a national, State,
or local level, for the purpose of strengthening quality by -
(A) enabling cultural organizations and institutions to
increase the levels of continuing support and to increase the
range of contributors to the programs of such organizations or
institutions;
(B) providing administrative and management improvements for
cultural organizations and institutions, particularly in the
field of long-range financial planning;
(C) enabling cultural organizations and institutions to
increase audience participation in, and appreciation of, programs
sponsored by such organizations and institutions;
(D) providing additional support for cooperative efforts
undertaken by State arts agencies with local arts groups and
local arts agencies to promote effective arts activity at the
State and local level, including -
(i) support of professional artists in community based
residencies;
(ii) support of rural arts development;
(iii) support of and models for regional, statewide, or local
organizations to provide technical assistance to cultural
organizations and institutions;
(iv) support of and models for visual and performing arts
touring; and
(v) support of and models for professional staffing of arts
organizations and for stabilizing and broadening the financial
base for arts organizations;
(E) stimulating greater cooperation among cultural
organizations and institutions especially designed to serve
better the communities in which such organizations or
institutions are located;
(F) fostering greater citizen involvement in planning the
cultural development of a community; and
(G) stimulating artistic activity and awareness which are in
keeping with the varied cultural traditions of this Nation.
(2)(A) The Chairperson of the National Endowment for the Arts,
with the advice of the National Council on the Arts, is authorized
in accordance with this subsection, to establish and carry out a
program of contracts with, or grants to, States for the purposes of
-
(i) raising the artistic capabilities of developing arts
organizations by providing for -
(I) artistic and programmatic development to enhance artistic
capabilities, including staff development; and
(II) technical assistance to improve managerial and
organizational skills, financial systems management, and long-
range fiscal planning; and
(ii) stimulating artistic activity and awareness and broadening
public access to the arts in rural and innercity areas and other
areas that are underserved artistically.
(B) For purposes of providing financial assistance under this
paragraph, the Chairperson shall give priority to the activities
described in subparagraph (A)(i).
(C) The Chairperson may not provide financial assistance under
this paragraph to a particular applicant in more than 3 fiscal
years for the purpose specified in subparagraph (A)(i).
(3) The total amount of any payment made under this subsection
for a program or project may not exceed 50 per centum of the cost
of such program or project.
(4) In carrying out the program authorized by this subsection,
the Chairperson of the National Endowment for the Arts shall have
the same authority as is established in subsection (c) of this
section and section 959 of this title.
(q) National information and data collection system on the arts,
artists and art groups, and audiences; development and
implementation plan; state of the arts reports
The Chairperson of the National Endowment for the Arts shall, in
ongoing consultation with State and local agencies, relevant
organizations, and relevant Federal agencies, continue to develop
and implement a practical system of national information and data
collection and public dissemination on the arts, artists and arts
groups, and their audiences. Such system shall include artistic and
financial trends in the various artistic fields, trends in audience
participation, and trends in arts education on national, regional,
and State levels. Such system shall also include information
regarding the availability of the arts to various audience
segments, including rural communities. Such system shall be used,
along with a summary of the data submitted with State plans under
subsection (g) of this section, to prepare a periodic report on the
state of the arts in the Nation. The state of the arts report shall
include a description of the availability of the Endowment's
programs to emerging, rural, and culturally diverse artists, arts
organizations, and communities and of the participation by such
artists, organizations, and communities in such programs. The state
of the arts report shall be submitted to the President and the
Congress, and provided to the States, not later than October 1,
1992, and quadrennially thereafter.