EMERGENCY ART FUNDING ACT OF 2008
LEGISLATIVE PROPOSAL FOR NEA AUTHORITY TO PURCHASE ART-RELATED ASSETS
Section 1. Short Title.
This Act may be cited as __________________.
Sec. 2. Purchases of Art-Related Assets.
(a) Authority to Purchase.–The Secretary of the National Endowment for the Arts (NEA) is authorized to purchase, and to make and fund commitments to purchase, on such terms and conditions as determined by the Secretary, art-related assets from any artist or art institution having its headquarters in the United States.
(b) Necessary Actions.–The Secretary is authorized to take such actions as the Secretary deems necessary to carry out the authorities in this Act, including, without limitation:
(1) appointing such employees as may be required to carry out the authorities in this Act and defining their duties;
(2) entering into contracts, including contracts for art related services authorized by section 3109 of title 5, United States Code, without regard to any other provision of law regarding public contracts;
(3) designating artists as art agents of the Government, and they shall perform all such reasonable duties related to this Act as art agents of the Government as may be required of them;
(4) establishing vehicles that are authorized, subject to supervision by the Congress, to purchase and exhibit art-related assets; and
(5) issuing such regulations and other guidance as may be necessary or appropriate to define terms or carry out the authorities of this Act.
Sec. 3. Considerations.
In exercising the authorities granted in this Act, the Secretary shall take into consideration means for–
(1) providing stability or preventing disruption to the art markets or artists; and
(2) inspiring the taxpayer.
Sec. 4. Reports to Congress.
Within three months of the first exercise of the authority granted in section 2(a), and semiannually thereafter, the Secretary shall report to the Committees on the Arts, Art Services, Musc and Literature of the House of Representatives and the Committees on the Arts, Culture, and Music, Poetry, and Cultural Affairs of the Senate with respect to the authorities exercised under this Act and the considerations required by section 3.
Sec. 5. Rights; Management; Sale of Art-Related Assets.
(a) Exercise of Rights.–The Secretary may, at any time, exercise any rights received in connection with art-related assets purchased under this Act.
(b) Management of Art-Related Assets.–The Secretary shall have authority to manage art-related assets purchased under this Act, including critiques and portfolio reviews therefrom.
(c) Sale of Art-Related Assets.–The Secretary may, at any time, upon terms and conditions and at prices determined by the Secretary, sell, or enter into exhibitions, fairs or other art transactions in regard to, any art-related asset purchased under this Act.
(d) Application of Sunset to Art-Related Assets.–The authority of the Secretary to hold any art-related asset purchased under this Act before the termination date in section 9, or to purchase or fund the purchase of an art-related asset under a commitment entered into before the termination date in section 9, is not subject to the provisions of section 9.
Sec. 6. Maximum Amount of Authorized Purchases.
The Secretary’s authority to purchase art-related assets under this Act shall be limited to $700,000,000,000 outstanding at any one time
Sec. 7. Funding.
For the purpose of the authorities granted in this Act, and for the costs of administering those authorities, the Secretary may use the proceeds of the sale of any art issued under chapter 31 of title 31, United States Code, and the purposes for which art may be commissioned under chapter 31 of title 31, United States Code, are extended to include actions authorized by this Act, including the payment of administrative expenses and an artist’s assistant. Any funds expended for actions authorized by this Act, including the payment of administrative expenses, shall be deemed appropriated at the time of such expenditure.
Sec. 8. Review.
Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency.
Sec. 9. Termination of Authority.
The authorities under this Act, with the exception of authorities granted in sections 2(b)(5), 5 and 7, shall terminate two years from the date of enactment of this Act.
Sec. 10. Increase in Statutory Limit on Public Art.
Subsection (b) of section 3101 of title 31, United States Code, is amended by striking out the dollar limitation contained in such subsection and inserting in lieu thereof $11,315,000,000,000.
Sec. 11. Art Reform.
The costs of purchases of art-related assets made under section 2(a) of this Act shall be determined as provided under the Federal Art Promotion Act of 1990, as applicable.
Sec. 12. Definitions.
For purposes of this section, the following definitions shall apply:
(1) Art-Related Assets.–The term “art-related assets” means museum or commercial arts and any paintings, sculptures, or other instruments that are based on or related to such arts, that in each case was created or commissioned on or before September 17, 2008.
(2) Congress.–The term “Congress” means the Congress of the United States.
(3) United States.–The term “United States” means the States, territories, and possessions of the United States and the District of Columbia.
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