Page:United States Statutes at Large Volume 99 Part 2.djvu/230

 99 STAT. 1340

Prohibition.

Reports.

PUBLIC LAW 99-194—DEC. 20, 1985

(i) by striking out "he" and inserting in lieu thereof "the Chairperson", and (ii) by striking out "his" and inserting in lieu thereof "the Chairperson's", (C) in clause (2) by striking out "Chairman" each place it appears and inserting in lieu thereof "Chairperson", (D) in clause (3) by striking out "his" and inserting in lieu thereof "the Chairperson's", (E) in clause (4) by striking out "section 15" and all that follows through "representation" and inserting in lieu thereof "section 3109 of title 5, United States Code", (F) in the matter following clause (8) by striking out "Chairman" each place it appears and inserting in lieu thereof "Chairperson", and (G) by adding at the end thereof the following: "In selecting panels of experts under clause (4) to review and make recommendations with respect to the approval of applications for financial assistance under this Act, each Chairperson shall appoint individuals who have exhibited expertise and leadership in the field under review, who broadly represent diverse characteristics in terms of aesthetic or humanistic perspective, and geographical factors, and who broadly represent cultural diversity. Each Chairperson shall assure that the membership of panels changes substantially from year to year, and that no more than 20 per centum of the annual appointments shall be for service beyond the limit of three consecutive years on a subpanel. In making appointments, each Chairperson shall give due regard to the need for experienced as well as new members on each panel. Panels of experts appointed to review or make recommendations with respect to the approval of applications or projects for funding by the National Endowment for the Arts shall, when reviewing such applications and projects, recommend for funding only applications and projects that in the context in which they are presented, in the experts' view, foster excellence, are reflective of exceptional talent, and have significant literary, scholarly, cultural, or artistic merit. Whenever there is pending an application submitted by an individual for financial assistance under section 5(c), such individual may not serve as a member of any subpanel (or panel where a subpanel does not exist) before which such application is pending. The prohibition described in the previous sentence shall commence on the date the application is submitted and continue for so long as the application is pending."; (2) in subsection (b) by striking out "Chairman" each place it appears and inserting in lieu thereof "Chairperson"; and (3) by striking out subsection (d) and inserting in lieu thereof the following new subsections: "(d)(1) The Chairperson of the National Endowment for the Arts and the Chairperson of the National Endowment for the Humanities shall conduct a post-award evaluation of projects, productions, and programs for which financial assistance is provided by their respective Endowments under sections 5(c) and 7(c). Such evaluation may include an audit to determine the accuracy of the reports required to be submitted by recipients under clauses (i) and (ii) of paragraph (2)(A). As a condition of receiving such financial assistance, a recipient shall comply with the requirements specified in paragraph (2) that are applicable to the project, production, or program for which such financial assistance is received.

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