REVIEW PANELS; TECHNICAL AMENDMENTS.

SEC. 109. REVIEW PANELS; TECHNICAL AMENDMENTS.Section 10 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 959) is amended— 104 STAT. 1971 (1) in subsection (a)— (A) in paragraph (4) by striking “from time to time, as appropriate,”, and (B) in paragraph (6) by striking “the provisions of section 3648 of the Revised Statutes (31 U.S.C. 529)” and inserting “section 3324 of title 31, United States Code”, (2) in subsection (d)(3) by striking “the last sentence of subsection (a)” and inserting “subsection (c)(3)(A)”, (3) by striking subsections (e) and (f), (4) by redesignating subsections (b), (c), and (d) as subsections (d), (e), and (f), respectively, (5) in the second sentence— (A) by striking “In any case” and inserting the following: “(b)(1) In any case”, (B) by striking “(A)”, and (C) by striking “(B)”, (6) in the third sentence by striking “In any case” and inserting the following: “(2) In any case”, (7) in the fourth sentence by striking “For the purposes” and inserting the following: “(3) For the purposes”, (8) in the fifth sentence by striking “For the purpose” and inserting the following: “(4) For the purpose”, and (9) by striking the sixth sentence and all that follows through “pending.”, and inserting the following: “(c) The Chairperson of the National Endowment for the Arts shall utilize advisory panels to review applications, and to make recommendations to the National Council on the Arts in all cases except cases in which the Chairperson exercises authority delegated under section 6(f). 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 reflecting 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 representation of lay individuals who are knowledgeable about the arts but who are not engaged in the arts as a profession and are not members of either artists’ organizations or arts organizations; “(3) to ensure that, when feasible, the procedures used by panels to carry out their responsibilities are standardized; “(4) to require panels— “(A) to create written records summarizing— “(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 104 STAT. 1972 “(6) to require that the membership of each panel change substantially from year to year and to provide that each individual is ineligible to serve on a panel for more than 3 consecutive years. In making appointments to panels, the Chairperson shall ensure that an individual who has a pending application for financial assistance under this Act, or who is an employee or agent of an organization with a pending application, 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 submitted and shall continue for so long as such application is pending.”.