104 STAT. 1968 PUBLIC LAW 101-512—NOV. 5, 1990 SEC. 106. NATIONAL COUNCIL FOR THE ARTS. (a) MEMBERSHIP OF COUNCIL.— Section 6(b) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 955(b)) is amended by adding at the end the following: "Members of the Council shall be appointed so as to represent equitably all geographical areas in the United States.". (b) MEETINGS AND RECORDS. — Section 6(d) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 955(d)) is amended— (1) by inserting "(1)" after "(d)", and Freedom of (2) by adding at the end the following: information. "AH policy meetings of the Council shall be open to the public. Records. "(2) The Council shall— "(A) create written records summarizing— "(i) all meetings and discussions of the Council; and "(ii) the recommendations made by the Council to the Chairperson; and "(B) make such records available to the public in a manner that protects the privacy of individual applicants, panel members, and Council members.". (c) AUTHORITY OF COUNCIL.— Section 6(f) of the National Foundation of the Arts and the Humanities Act of 1965 (20 U.S.C. 955(f)) is amended— (1) in the first sentence— (A) by striking "(1)" and "(2)", (B) by striking "thereon", and (C) by inserting before the period the following: "with respect to the approval of each application and the amount of financial assistance (if any) to provide to each applicant", (2) in the second sentence by striking ", unless" and all that follows through "time", (3) in the last sentence— (A) by striking "a delegation" and inserting "an expressed and direct delegation", and (B) by striking "; Provided, That" and inserting ", and that such action shall be used with discretion and shall not become a normal practice of providing assistance under such subsections, except that", (4) by inserting after the second sentence the following: "The Chairperson shall have final authority to approve each application, except that the Chairperson may only provide to an applicant the amount of financial assistance recommended by the Council and may not approve an application with respect to which the Council makes a negative recommendation.", and (5) by inserting after the first sentence the following: "The Council shall make recommendations to the Chairperson concerning— "(1) whether to approve particular applications for financial assistance under subsections (c) and (p) of section 5 that are determined by panels under section 10(c) to have artistic excellence and artistic merit; and "(2) the amount of financial assistance the Chairperson should provide with respect to each such application the Council recommends for approval.".
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