Code of the District of Columbia

Chapter 2. Commission on the Arts and Humanities.

§ 39–201. Authority of Council.

The enactment of this chapter by the Council is done pursuant to the authority vested in the Council under § 1-204.04(b).

§ 39–202. Definitions.

For the purposes of this chapter, the term:

(1) "Administrative costs" includes federal grant funds, intra-district funds, special purpose revenue funds, and local funds needed to support the functions of the Commission, to include agency-management, information-technology, contracting, and staffing costs, and funding for arts learning and outreach programs.

(2) "Arts" includes instrumental music, vocal music, dance, drama, folk art, creative writing, architecture and allied fields, painting, sculpture, photography, graphic and craft arts, industrial design, costume and fashion design, media and film, and sound recording; disciplines related to the presentation, performance, execution, exhibition of those major art forms; and the study and application of the arts to the human environment.

(3) Repealed.

(4) "Commission" means the Commission on the Arts and Humanities established by § 39-203.

(5) "Executive Director" means the executive director appointed pursuant to § 39-205(a).

(6) "Grant-managing entity" means the District's humanities council (the Humanities Council of Washington, D.C., or any successor organization), which shall make subgrants pursuant to § 39-205.02.

(7) "Humanities" includes the study of ancient or modern languages, literature, philosophy, history, human geography, archeology, jurisprudence, religion, law, ethics, the history, criticism, theory, and practice of the arts; those aspects of the social sciences that have humanistic content and employ humanistic methods; and the study and application of the humanities to the human environment with particular attention to the relevance of the humanities to the current conditions of national life.

(8) "Humanities Grant Program" means the grant program established by § 39-205.02.

(9) Repealed.

(10) "Public art" means sculptures, murals, mosaics, bas-reliefs, frescoes, tapestries, monuments, fountains, environmental designs, and other visual art forms that are intended to enhance the aesthetic quality of a public building, park, street, sidewalk, or other public place with which they are physically or spatially connected. The term "public art" does not include landscape design or the incidental ornamentation of functional structural elements or accessories unless designed by a visual artist as part of an artwork design authorized by the Commission.

§ 39–203. Establishment; composition; terms; vacancies; compensation.

(a) There is established, as an independent agency within the District of Columbia government, the Commission on the Arts and Humanities ("Commission"), which shall evaluate and initiate action on matters relating to the arts and humanities and encourage programs and the development of programs that promote progress in the arts and humanities.

(a-1)(1) The Commission shall consist of 12 members appointed by the Mayor, with the advice and consent of the Council, in accordance with § 1-523.01(e)(32); except, that:

(A) Until June 30, 2022, the Commission shall consist of 18 members.

(B) From July 1, 2022, until June 30, 2023, the Commission shall consist of 16 members.

(C) From July 1, 2023, until June 30, 2024, the Commission shall consist of 14 members.

(1A) Notwithstanding § 1-523.01(c), a member with a term that expires June 30, 2023, or June 30, 2024, may not serve in a hold-over capacity unless a resolution confirming the nomination for reappointment of the member has been transmitted by the Mayor to the Council.

(2) Each member appointed to the Commission shall be a District resident who has displayed an interest or an ability in the arts or humanities or has been active in the furtherance of the arts or humanities in the District of Columbia. The Commission shall include:

(A) On or before July 1, 2019, 2 members with specific interest, ability, or experience in the humanities;

(B) On or before July 1, 2019, 2 members with specific interest, ability, or experience in arts or humanities education;

(C) On or before July 1, 2019, 2 members with specific interest, ability, or experience in theatre and performing arts;

(D) On or before July 1, 2020, one member with specific interest, ability, or experience in public art; and

(E) On or before July 1, 2020, 2 members with specific experience in arts or humanities organizational administration or governance.

(3) When appointing members to the Commission, the Mayor shall give due consideration to recommendations made by representative civic, educational, and professional groups concerned with the arts, humanities, and culture, and shall maintain reasonable representation of all the various geographic areas and neighborhoods within the District of Columbia.

(b)(1) Except as provided in paragraph (2) of this subsection and subsection (c) of this section, all members of the Commission shall be appointed to 3-year terms that shall commence on July 1 in the year of appointment and expire on June 30 of the 3rd year. Terms shall be staggered so that, beginning on July 1, 2022, 4 terms expire each year on June 30. Members may be reappointed; provided, that all 6 members who have a term end date of June 30, 2019, and 3 of the members who have a term end date of June 3, 2020, may be reappointed only if doing so would satisfy the qualification requirements set forth under subsection (a)(2) of this section.

(2) The term subsequent to the term being served pursuant to:

(A) Council resolution 21-678 shall begin on July 1, 2019, and expire on June 30, 2021;

(B) Council resolution 22-73 shall begin on July 1, 2019, and expire on June 30, 2021; and

(C) Council resolution 22-182 shall begin on July 1, 2020, and expire on June 30, 2021.

(b-1) All official actions of the Commission taken by members appointed prior to March 19, 2020, are considered to be taken by a properly constituted Commission, regardless of the date of the appointments and length of terms of its members.

(c) Should a vacancy occur, a successor shall be appointed by the Mayor within 30 days, with the advice and consent of the Council to serve until the end of the term of the member whom that successor succeeds. Failing to receive the nomination within the 30 days, the Chairman of the Council shall appoint a person to fill the vacancy. Members of the Commission on the Arts and Humanities established under Organization Order No. 74-4 of January 7, 1974, issued by the Commissioner of the District of Columbia, shall continue to serve until the members of the Commission established under this chapter are appointed and qualify. The Mayor shall nominate members to the new Commission within 30 days of October 21, 1975.

(d) The Mayor shall appoint a chairperson of the Commission from among the members appointed pursuant to subsection (a-1) of this section with the advice and consent of the Council by resolution.

(e) Members of the Commission shall serve without compensation, but shall be entitled to receive, in accordance with applicable District of Columbia regulations, reimbursement for expenses incurred while actually performing duties vested in the Commission.

(f) No District of Columbia government employee, as that term is defined by § 1-603.01(7), shall be eligible to serve as a member of the Commission.

§ 39–204. Powers.

*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

The Commission shall:

(1) Take action concerning the needs of the residents of the District of Columbia for activities in the arts and humanities, and concerning the development and improvement of activities in the arts and humanities in the District of Columbia;

(2) Prepare an annual plan of artistic projects and productions in the District of Columbia meeting the requirements of §§ 5(c) and 5(g) of the National Foundation on the Arts and Humanities Act of 1965, and act as the designated state agency for the District of Columbia, as referred to in § 5(g)(2)(A) of the National Foundation on Arts and Humanities Act of 1965, as amended;

(3) Issue grants, to include single or multi-year grants, for projects and productions in the arts and humanities; provided, that such grants be awarded competitively to individuals and organizations based in and primarily serving the District;

(3A) Make grants to neighborhood or civic associations for the purpose of providing funds for parades, festivals, and any other celebrations sponsored by a neighborhood or civic association in accordance with § 1-325.211(c) and (d);

(4) Cooperate and be empowered to contract with governmental departments and agencies, private organizations, consultants, and residents of the District of Columbia to develop and undertake programs which will encourage maximum participation in activities in the arts and humanities and promote greater appreciation and enjoyment of the arts and humanities;

(5)(A) Accept donations, gifts by devise or bequest, grants, and any other type of asset from individuals, clubs, groups, corporations, partnerships, and other governmental entities;

(B) Manage any property or funds in accordance with the provisions or conditions of any donations, gifts, grants, or other transfers including the investment of the principal of such property and funds; and

(C) Deposit all funds raised pursuant to this subsection in the Neighborhood Parade and Festival Fund, established by § 1-325.211, if the donation, gift, or grant is designated to be used for a parade, festival, or any other celebration sponsored by a neighborhood or civic association.

(5A) Sell promotional items and prints of works of art owned by the Commission, at prices established by the Commission;

(5B) Loan works of art owned by the Commission to other entities, including museums, universities, and companies, either at no cost or at prices established by the Commission;

(6) Be empowered to appoint advisory panels in the various fields of the arts and humanities, as the Commission may deem necessary, the members of which may be compensated, pursuant to § 1-611.08(c-2)(6), from funds allocated pursuant to § 39-205(c-1)(1); except, that no District of Columbia government employee or Commissioner of the Commission may be compensated;

(7) Adopt and modify bylaws and be empowered to adopt regulations as authorized by law;

(8)(A) Develop and annually update, after holding a public hearing, a public arts plan that establishes priorities for the selection and location of public art for the upcoming fiscal year; and

(B) Prepare an annual report at the end of each fiscal year on the implementation of that year’s public arts plan; and

(9) Encourage and assist freedom of artistic expression essential for the well-being of the arts, without censorship.

§ 39–205. Administration.

(a)(1) On or before October 1, 2019, the Commission shall nominate, and with the advice and consent of the Council, shall appoint an Executive Director for the Commission for a renewable 4-year term. The 4-year year term shall commence on October 1 in the year of the appointment and expire on September 30 of the fourth year of the term. The Executive Director may be removed by the Commission for just and reasonable cause.

(2) The Executive Director shall receive annual compensation fixed in accordance with the provisions of subchapter XI of Chapter 6 of Title 1 and shall serve as the chief administrative officer of the Commission.

(3) In addition to any other duties set forth in this chapter, the Executive Director shall:

(A) Supervise the staff of the Commission;

(B) Assist the Commission in executing its policies and duties;

(C) Perform other duties as directed by the Commission; and

(D) Report regularly on the activities and operations of the agency to the members of the Commission.

(4) In the event of a vacancy in the position of Executive Director:

(A) The Commission may designate an individual to serve as interim or acting Executive Director; provided, that:

(i) An individual designated as interim Executive Director is an employee of the Commission at the time the vacancy in the position of Executive Director occurs;

(ii) An individual designated as acting Executive Director has been nominated to serve as Executive Director pursuant to paragraph (1) of this subsection; and

(iii) The total combined period of time during which the Commission relies on an interim or acting Executive Director does not exceed 180 days.

(B) An individual appointed to fill the vacancy shall serve for the remainder of the unexpired term.

(b) The Commission shall meet monthly, except when a meeting is cancelled by the Chairperson and a majority of the Commission. Special meetings of the Commission may be called by the Chairperson of the Commission, or upon the request of 5 members of the Commission.

(b-1)(1) The Mayor shall provide the Commission with the services and facilities necessary for the Commission to carry out its duties and responsibilities.

(2) All District agencies shall collaborate with the Commission, including sharing data to the extent permitted by law, in furtherance of the Commission's duties and responsibilities.

(c) The Commission shall prepare and submit to the Mayor, with a copy to the Council, an annual budget to be included in the regular budget process of the District of Columbia developed in accordance with subchapter I of Chapter 3 of Title 47. In addition, each annual capital budget request submitted by the Mayor to the Council shall include as a discrete capital project a public arts fund in the amount of 1% of the total authority requested for the construction, renovation, and repair of public facilities and institutions, exclusive of land acquisition and infrastructure. Public arts fund financing shall be used by the Commission to fund the creation, installation, and maintenance of public art. The commissioning of artists and the selection, approval, placement, and maintenance of public art shall be the responsibility of the Commission in consultation with both the Department of Public Works and, if applicable, the public official or employee with chief administrative responsibility for the actual use of the public place affected.

(c-1) For Fiscal Year 2024 and every fiscal year thereafter the Commission shall allocate the annual budget as follows:

(1) Not more than 20% of the annual budget shall be allocated for administrative costs.

(2)(A) The funds remaining after the allocation described in paragraph (1) of this subsection shall be allocated for grants for the following purposes:

(i) 14.95% for grants to fund capital projects in support of eligible arts and humanities organizations;

(ii) 47.48% for General Operating Support grants to eligible arts and humanities organizations;

(iii) 21.98% for other art grant programs established by the Commission; and

(iv) 3.52% the for the Humanities Grant Program administered by HumanitiesDC.

(v) 12.07% for a large capital grant program to be administered pursuant to § 39-205.04.".

(B) Awards of General Operating Support grants pursuant to subparagraph (A)(ii) of this paragraph shall be competitive, and each application of an eligible organization shall be reviewed in cohorts of similar budget size, and with grant award amounts tiered in relation to the grantee's budget size; provided, that an award to an individual organization with an annual operating budget exceeding $115,000 may not exceed 50% of the organization's annual operating budget exclusive of District funds.

(d) The Chairperson shall submit to the Mayor and the Council the annual reports of the Commission’s activities, the public arts plan required by § 39-204(8), and any other plans, recommendations, and projections for the following year. These reports, plans, recommendations, and projections shall accompany the budget request referred to in subsection (c) of this section.

(e) If any member of the Commission is an employee, member, director, or officer of any organization that has applied to the Commission for a grant, such member shall:

(1) Provide a written statement before the grant is considered by the Commission or an advisory panel describing the potential conflict of interest and deliver the statement to the Executive Director and the Chairperson of the Commission;

(2) Not communicate with or attempt to influence any other member of the Commission or any member of an advisory panel regarding the grant application; and

(3) Not be present when the grant application is considered by the Commission or an advisory panel.

§ 39–205.01. Arts and Humanities Fund.

(a) There is established as a special fund the Arts and Humanities Fund ("Fund"), which shall be administered by the Commission in accordance with subsection (c) of this section.

(b) The following shall be deposited into the Fund:

(1) Proceeds of the sale or loan by the District government of works of art, prints, and promotions items;

(2) Fees collected pursuant to § 50-1501.02e;

(3) Subject to the availability of funds, up to $2.5 million annually pursuant to § 1-350.04(d); and

(4) Dedicated taxes pursuant to §§47-2002(d) and 47-2202(b).

(c) Money in the Fund shall be used for:

(1) The administration, improvement, and maintenance of property and programs managed by the Commission; and

(2) Purposes, including grants, consistent with § 39-205(c-1).

(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

§ 39–205.02. Humanities grant program.

(a) There is established within the Commission a Humanities Grant Program to provide subgrants in the humanities.

(b)(1) Notwithstanding part B of subchapter XII-A of Chapter 3 of Title 1, the Commission shall have grantmaking authority to provide funds to HumanitiesDC; provided, that such funds shall be included in an approved budget and designated for the HumanitiesDC; provided further, that, except as provided in paragraph (2) of this subsection, such funds shall be used to make subgrants in the humanities for the purpose of promoting cross-cultural understanding and appreciation of local history in all District neighborhoods.

(2) Up to 30% of each disbursement from the Humanities Grant Program budget to HumanitiesDC may be utilized by HumanitiesDC for administrative expenses, capacity building, technical assistance, and evaluation of the Humanities Grant Program.

(c) Subgrants shall be:

(1) Awarded on a competitive basis;

(2) Used exclusively to fund District of Columbia residents, non-profits, neighborhood citizen or civic associations, educational institutions, alumni groups, and other entities with qualifying proposals under this section; and

(3) Selected through a process that includes independent review panels.

(d) Repealed.

(e) HumanitiesDC shall enter into a Memorandum of Understanding ("MOU") with the Commission. The MOU shall set forth certain administrative requirements for HumanitiesDC to abide by when it obtains District funds and awards subgrants involving District funds, and will clarify and reaffirm HumanitiesDC responsibility and obligation with respect to District funds, including the monitoring of the use of District funds.

§ 39–205.03. Transfer provisions.

By October 1, 2019, the Mayor shall transfer to the Commission such positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or assigned to the Office of the Mayor for the purposes of funding and running the Commission, at which time the Commission on the Arts and Humanities within the Office of the Mayor shall be abolished.

§ 39–205.04. Large capital grants program.

(a) There is established within the Commission a Large Capital Grants program to provide subgrants to eligible organizations for the purpose of funding large capital grants for facility improvements in an amount exceeding $900,000 per grant.

(b) Eligibility for a large capital grant shall be limited to organizations that:

(1) Own the facility to be improved in fee simple, or hold a lease the facility to be improved on a long-term basis of greater than 30 years; and

(2) Use the grant to improve a facility with a real property tax assessment of $1 million or more.

(c) An organization awarded a large capital grant pursuant to this section shall not be eligible for a grant to fund capital projects pursuant to § 39-205(c-1)(2)(A)(i) in the same fiscal year.

(d) An organization awarded a large capital grant pursuant to this section shall not be eligible for a large capital grant for two subsequent fiscal years.

(e)(1) The Commission, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section. Such rules shall set forth eligibility and disbursement requirements in addition to the requirements set forth in subsection (b) of this section.

(2)(A) By November 1, 2023, proposed rules for implementation of this section shall be submitted to the Council for approval.

(B) If the Council does not approve or disapprove the proposed rules submitted pursuant to subparagraph (A) of this paragraph, in whole or in part, by resolution within a 60-day period that commences on the date of their submission to the Council and excludes days of Council recess, the proposed rules shall be deemed approved.

(C) The Commission may not advertise or award any grants under this section until the Council has approved the proposed rules in whole or in part or the proposed rules are deemed approved pursuant to subparagraph (B) of this paragraph.

§ 39–206. Miscellaneous provisions.

(a) The Mayor shall instruct the Office of Management and Budget Systems to coordinate with the Commission the establishment of a bookkeeping and accounting system to allow for swift transference of grant monies from the District government to a recipient, and shall instruct that Office, in concert with the Commission, to establish a voucher system which would also allow for the swift transference of funds from the District government to grant recipients.

(b) Repealed.

(c) Repealed.