103 STAT. 742 PUBLIC LAW 101-121—CX:)T. 23, 1989 any redeeming literary, scholarly, cultural, or artistic -•• value. (D) That a commission be established to review the National Endowment for the Arts grant making proce- dures, including those of its panel system, to determine whether there should be standards for grant making other than "substantial artistic and cultural significance, giving emphasis to American creativity and cultural diversity and the maintenance and encouragement of professionsil excel- lence" (20 U.S.C. 954(c)(l)) and if so, then what other stand- ards. The criteria to be considered by the commission shall include but not be limited to possible standards where (a) applying contemporary community standards would find that the work taken as a whole appeals to a prurient « interest; 0>) the work depicts or describes in a patently offensive way, sexual conduct; and (c) the work, taken as a whole, lacks serious artistic and cultural value. Establishment. (c)(1) There is hereby established a temporary Independent Commission for the purpose of— (A) reviewing the National Endowment for the Arts grant making procedures, including those of its panel system; and (B) considering whether the standard for publicly funded art should be different than the standard for privately funded art. (2) The Commission shall be composed of twelve members as ,:. follows: (A) four members appointed by the President; (B) four members appointed by the President upon the rec- ommendation of the Speaker of the House of Representatives in consultation with the minority leader of the House of Rep-
- resentatives;
(C) four members appointed by the President upon the rec- ommendation of the President pro tempore of the Senate in consultation witii the minority leader of the Senate; (D) the chairman shall be designated by vote of the Conmiis- sion members; and (E) a quorum for the purposes of conducting meetings shall be seven. (3) Members of the Commission shall serve without pay. While ^ away from their homes or r^^ar places of business in the perform- ance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under 5 U.S.C. 5703. (4) The Commission may, for the purpose of carrying out its duties, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. Reports. (5) The Commission shall issue a report to the Speaker of the House of Representatives and the President of the Senate no later than 180 days after the date of enactment of this Act. (6) The Commission shall expire on September 30, 1990. (7) Expenses of the Commission not to exceed $250,000, including administrative support, shall be furnished by the National Endow- ment for the Arts. SEC. 305. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
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