20 U.S.C. § 957: National Council on the…

Summary

Creates a National Council on the Humanities inside the National Endowment for the Humanities. The Council has the Endowment’s Chairperson as its leader and 26 other members. The President appoints those 26 members, and the Senate must confirm them. Members must be private citizens known for their knowledge, skill, or commitment to the humanities and have records of distinguished service, scholarship, or creativity. The President is asked to consider recommendations from leading national humanities groups and must give fair consideration to women, minorities, and people with disabilities. Members serve six-year terms. At the start, nine will serve two years, nine will serve four years, and eight will serve six years. People who fill vacancies finish the old term. No one can be reappointed within two years after their term ends. Members stay on until a successor takes office. The Council meets at the Chairperson’s call but at least twice a year. Fourteen members make a quorum. Members are paid at a rate set by the Chairperson but not higher than the per diem equivalent for GS–18 (5 U.S.C. 5332) and may get travel pay (5 U.S.C. 5703). The Council advises the Chairperson on policies, programs, and procedures. It reviews grant applications and recommends action. The Chairperson must wait for the Council’s recommendation before approving or denying an application unless the Council is unreasonably slow. For requests of $30,000 or less, the Chairperson may act if the Council has delegated that power, but each such action must be reviewed by the Council and the delegation may not allow spending over 10 percent of the fiscal year funds under subparagraph (B) of paragraph (1) of section 960(a).

Title 20, §957

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(a)Establishment

There is established in the National Endowment for the Humanities a National Council on the Humanities.

(b)Composition; basis for selection of members; representation of interests; recommendations of national organizations

The Council shall be composed of the Chairperson of the National Endowment for the Humanities, who shall be the Chairperson of the Council, and twenty-six other members appointed by the President, by and with the advice and consent of the Senate, from private life. Such members shall be individuals who (1) are selected from among private citizens of the United States who are recognized for their broad knowledge of, expertise in, or commitment to the humanities, and (2) have established records of distinguished service and scholarship or creativity and in a manner which will provide a comprehensive representation of the views of scholars and professional practitioners in the humanities and of the public throughout the United States. The President is requested in the making of such appointments to give consideration to such recommendations as may from time to time be submitted to him by leading national organizations concerned with the humanities. 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 humanities.

(c)Term of office; vacancies; reappointment

Each member shall hold office for a term of six years, except that (1) the members first taking office shall serve, as designated by the President, nine for terms of two years, nine for terms of four years, and eight for terms of six years, and (2) any member appointed to fill a vacancy shall serve for the remainder of the term for which such member’s predecessor was appointed. No member shall be eligible for reappointment during the two-year period following the expiration of such member’s term. Notwithstanding any other provisions of this subsection, a member shall serve after the expiration of such member’s term until such member’s successor takes office.

(d)Meetings; quorum

The Council shall meet at the call of the Chairperson but not less often than twice during each calendar year. Fourteen members of the Council shall constitute a quorum.

(e)Compensation and travel expenses

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; review of applications for financial support; recommendations prerequisite to action of Chairperson; unilateral action by Chairperson pursuant to delegation of authority

The Council shall (1) advise the Chairperson with respect to policies, programs, and procedures for carrying out the Chairperson’s functions, and (2) shall review applications for financial support and make recommendations thereon to the Chairperson. The Chairperson shall not approve or disapprove any such application until the Chairperson has received the recommendation of the Council on such application, unless the Council fails to make a recommendation thereon within a reasonable time. In the case of any application involving $30,000, or less, the Chairperson may approve or disapprove such request if such action is taken pursuant to the terms of a delegation of authority from the Council to the Chairperson, and provided that each such action by the Chairperson shall be reviewed by the Council: Provided, 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 (B) of paragraph (1) of section 960(a) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1985—Subsec. (b). Pub. L. 99–194, § 108(1), substituted “Chairperson” for “Chairman” in two places, substituted “individuals who (1) are selected from among private citizens of the United States who are recognized for their broad knowledge of, expertise in, or commitment to the humanities, and (2) have established records of” for “selected on the basis of”, and inserted provision that 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 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 Chairperson has received” for “until he has received”. 1984—Subsec. (c). Pub. L. 98–306, § 5(b), inserted “Notwithstanding 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 delegation of authority shall not permit obligations for expenditure of funds under such delegation for any fiscal year which exceeds an amount equal to 10 per centum 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 application involving $10,000 or less, to approve or disapprove the application if such action is pursuant to the terms of a delegation of authority from the Endowment Council and such action is reviewed by the Endowment Council.

Statutory Notes and Related Subsidiaries

Effective Date

of 1973 AmendmentAmendment 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 RatesReferences 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 Organization 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.

§957 National Council on the Humanities