Pub. L. 105-83, tit. III, sec. 346

Sec. 346. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance tor projects, productions, workshops, or programs that serve underserved populations. (b) In this section: (1) The term “underserved population” means a population of individuals who have historically been outside the purview of arts and humanities programs due to factors such as a high incidence of income below the poverty line or to geographic isolation. (2) The term “poverty line” means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. (c) In providing services and awarding financial assistance under the National Foundation on the Arts and Humanities Act of 1965 with funds appropriated by this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that will encourage public knowledge, education, understanding, and appreciation of the arts. (d) With funds appropriated by this Act to carry out section 5 of the National Foundation on the Arts and Humanities Act of 1965— (1) the Chairperson shall establish a grant category for projects, productions, workshops, or programs that are of national impact or availability or are able to tour several States; (2) the Chairperson shall not make grants exceeding 15 percent, in the aggregate, of such funds to any single State, excluding grants made under the authority of paragraph (1); and (3) the Chairperson shall report to the Congress annually and by State, on grants awarded by the Chairperson in each grant category under section 5 of such Act. (e) Section 6(b) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 955(b)) is amended to read as follows: “(b) .—(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. “(iii) One Senator appointed by the Majority Leader of the Senate.111 STAT. 1606 “(iv) One Senator appointed by the Minority Leader of the Senate. Members of the Council appointed under this subparagraph shall serve ex officio and shall be nonvoting members of the Council. “(C)14 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— “(I) are widely recognized for their broad knowledge of, or expertise in, or for their profound interest in the arts; and “(II) have established records of distinguished service, or achieved eminence, in the arts; “(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.— “(A) Notwithstanding subsection (b)(1)(B), members first appointed pursuant to such subsection shall be appointed not later than December 31, 1997. Notwithstanding such subsection, such members shall be appointed to serve until December 31, 1998. “(B) Members of the Council serving on the effective date of this subsection may continue to serve on the Council until their current terms expire and new members shall not be appointed under subsection (b)(1)(C) until the number of Presidentially appointed members is less than 14.” (f) Section 6(c) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 955(c)) is amended— (1) by inserting “appointed under subsection (b)(1)(C)” after “member” each place it appears; and (2) in the second sentence by inserting “appointed under subsection (b)(1)(C)” after “members”.