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).


(Oct. 21, 1975, D.C. Law 1-22, § 2, 22 DCR 2083.)

Prior Codifications

1981 Ed., § 31-2001.

1973 Ed., § 31-1901.


§ 39–202. Definitions.

*NOTE: This section includes amendments by temporary legislation that will expire on October 27, 2021. To view the text of this section after the expiration of all emergency and temporary legislation effecting this section, click this link: Permanent Version.*

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)(A) "Arts and Humanities Cohort" includes those individuals and organizations that directly produce or present content or facilitate productions of other arts and humanities organizations or provide arts education services.

(B) The term does not include members of the National Capital Arts Cohort or local academic institutions.

(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) "National Capital Arts Cohort" includes those organizations that are:

(A) Nonprofit corporations incorporated under the laws of the District that:

(i) Have an annual income, exclusive of District funds other than sponsorships provided by Events DC, in excess of $1 million for each of the 3 years before receipt of a grant awarded under this chapter;

(ii) Have income from federal funds of less than $1 million for each of the 3 years before receipt of a grant under this chapter; and

(iii) Receive funding from the National Capital Arts and Cultural Affairs Grant Program ("NCACA Grant Program") under Title II of the Department of Defense Appropriations Act, 1986, approved December 19, 1985 (99 Stat. 1261; 20 U.S.C. § 956a), or that are, from and after March 1, 2018, eligible for funding from the NCACA Grant Program.

(B) The term does not include local academic institutions.

(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.


(Oct. 21, 1975, D.C. Law 1-22, § 3, 22 DCR 2083; June 25, 1986, D.C. Law 6-125, § 2(a), 33 DCR 2945; Jan. 29, 1998, D.C. Law 12-42, § 2(a), 44 DCR 5577; Sept. 11, 2019, D.C. Law 23-16, § 2202(a), 66 DCR 8621; Mar. 16, 2021, D.C. Law 23-262, § 3, 68 DCR 001186.)

Prior Codifications

1981 Ed., § 31-2002.

1973 Ed., § 31-1902.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3 of Public Space Maintenance and Arts Clarification Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-47, Mar. 24, 2021, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 4 of Public Space Maintenance and Arts Clarification Emergency Amendment Act of 2020 (D.C. Act 23-520, Dec. 7, 2020, 67 DCR 14431).

For temporary (90 days) amendment of this section, see § 2202(a) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 2202(a) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 3 of Public Space Maintenance and Arts Clarification Temporary Amendment Act of 2020 (D.C. Law 23-262, Mar. 16, 2021, 68 DCR 001186).


§ 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 18 members appointed by the Mayor, with the advice and consent of the Council, in accordance with § 1-523.01(e)(32).

(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 6 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 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 18 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.


(Oct. 21, 1975, D.C. Law 1-22, § 4, 22 DCR 2084; Mar. 10, 1982, D.C. Law 4-73, § 4(a), 28 DCR 5276; Oct. 19, 2002, D.C. Law 14-213, § 24, 49 DCR 8140; Feb. 26, 2015, D.C. Law 20-155, § 1172, 61 DCR 9990; Oct. 30, 2018, D.C. Law 22-168, § 7072(a), 65 DCR 9388; Sept. 11, 2019, D.C. Law 23-16, § 2202(b), 66 DCR 8621; Mar. 19, 2020, D.C. Law 23-68, § 11, 67 DCR 743.)

Prior Codifications

1981 Ed., § 31-2003.

1973 Ed., § 31-1903.

Section References

This section is referenced in § 1-523.01 and § 39-202.

Effect of Amendments

D.C. Law 14-213, in subsec. (a), substituted “Council, in accordance with § 1-523.01.” for “Council.

The 2015 amendment by D.C. Law 20-155 deleted “but may not serve more than 2 consecutive terms” from the end of the last sentence in (b).

Cross References

Candidates for Commission on the Arts and Humanities, disclosure of interests, see § 1-1106.02.

Mayoral nomination of Commission on the Arts and Humanities, review and approval of Council, see § 1-523.01.

Applicability

Section 16 of D.C. Law 23-68 provided that the changes made to this section by D.C. Law 23-68 shall apply as of October 1, 2019.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 11 of Fiscal Year 2020 Budget Support Clarification Second Emergency Amendment Act of 2019 (D.C. Act 23-201, Jan. 22, 2020, 67 DCR 731).

For temporary (90 days) amendment of this section, see § 2202(b) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 2202(b) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 7072(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 7072(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2 of Commission on the Arts and Humanities Emergency Amendment Act of 2018 (D.C. Act 22-363, May 21, 2018, 65 DCR 5957).

For temporary (90 days) amendment of this section, see § 2 of Commission on the Arts and Humanities Emergency Amendment Act of 2017 (D.C. Act 22-95, July 5, 2017, 64 DCR 6558).

For temporary (90 days) amendment of this section, see § 1172 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 1172 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 1172 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of Commission on the Arts and Humanities Temporary Amendment Act of 2018 (D.C. Law 22-153, Aug. 22, 2018, 65 DCR 6995).

For temporary (225 days) amendment of this section, see § 2 of Commission on the Arts and Humanities Temporary Amendment Act of 2017 (D.C. Law 22-19, Sept. 20, 2017, 64 DCR 7422).

Editor's Notes

Former § 31-2003.1 1981 Ed., D.C. Law 4-73, § 4(b), provided as follows: “All official actions of the Commission on the Arts and Humanities taken by members appointed prior to March 10, 1982, are considered to be taken by a properly constituted Commission, regardless of the date of appointment and length of terms of its members.”


§ 39–204. Powers.

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 shall serve without compensation;

(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.


(Oct. 21, 1975, D.C. Law 1-22, § 5, 22 DCR 2086; June 25, 1986, D.C. Law 6-125, § 2(b)-(d), 33 DCR 2945; Jan. 29, 1998, D.C. Law 12-42, § 2(b), 44 DCR 5577; Sept. 24, 2010, D.C. Law 18-223, § 2002(a), 57 DCR 6242; Dec. 24, 2013, D.C. Law 20-61, § 2003, 60 DCR 12472; Oct. 8, 2016, D.C. Law 21-160, § 2152, 63 DCR 10775; Sept. 11, 2019, D.C. Law 23-16, § 2202(c), 66 DCR 8621.)

Prior Codifications

1981 Ed., § 31-2004.

Section References

This section is referenced in § 39-205.

Effect of Amendments

D.C. Law 18-223 added pars. (5A) and (5B).

The 2013 amendment by D.C. Law 20-61 added (3A); and added “or 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” in (5)(C).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2202(c) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 2202(c) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 day) amendment of section, see § 2002(a) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 days) amendment of this section, see § 2003 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 2003 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Short title: Section 2001 of D.C. Law 18-223 provided that subtitle A of title II of the act may be cited as the “Commission on the Arts and Humanities Artistic Sales Authorization Amendment Act of 2010”.

Section 2001 of D.C. Law 20-61 provided that Subtitle A of Title II of the act may be cited as the “Deputy Mayor for Planning and Economic Development Limited Grant-Making Authority Amendment Act of 2013”.

References in Text

“Sections 5(c) and 5(g) of the National Foundation on the Arts and Humanities Act of 1965,” referred to in paragraph (2) of this section, is codified at 20 U.S.C. §§ 954(c) and (g).

“Section 5(g)(2)(A) of the National Foundation on Arts and Humanities Act of 1965, as amended,” referred to in paragraph (2) of this section, is codified at 20 U.S.C. § 954(g)(2)(A).

Editor's Notes

For authority of the Commission on the Arts and Humaities to award certain grants, see section 2152 of D.C. Law 21-160.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 39–205. Administration.

*NOTE: This section includes amendments by temporary legislation that will expire on August 5, 2021. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

(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.

(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 the fiscal year 2021 budget and every fiscal year thereafter the Commission shall allocate the annual budget as follows:

(1) Not more than 23% of the annual budget shall be allocated for administrative costs.

(2) Not less than 77% of the annual budget shall be allocated for the following purposes:

(A) 17% for grants to fund capital projects in support of either the Arts and Humanities Cohort or the National Capital Arts Cohort; provided, that during Fiscal Year 2021 these grant funds may be used, if approved by the Commission, to pay:

(i) Rent or mortgage expenses for the operation of a grant recipient's arts-or-humanities-related home-based office in the District; and

(ii) Rent or mortgage expenses for the operation of a grant recipient's space in the District used to produce or publicly present arts-or-humanities-related work.

(B) 50% for grants to support the Arts and Humanities Cohort;

(C) 28% for grants to support the National Capital Arts Cohort to be allocated as follows:

(i) 70% shall be distributed equally to each organization that belongs to the National Capital Arts Cohort; and

(ii) 30% shall be distributed proportionally to each organization that belongs to the National Capital Arts Cohort, in an amount based on that organization's share of the total annual income for the prior year, not including District funds, of all organizations that belong to the National Capital Arts Cohort; and

(D) 5% the for the Humanities Grant Program.

(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.


(Oct. 21, 1975, D.C. Law 1-22, § 6, 22 DCR 2087; Mar. 3, 1979, D.C. Law 2-139, § 3205(s), 25 DCR 5740; June 25, 1986, D.C. Law 6-125, § 2(e)-(f), 33 DCR 2945; Sept. 11, 2019, D.C. Law 23-16, § 2202(d), 66 DCR 8621; Dec. 23, 2020, D.C. Law 23-177, § 2, 67 DCR 13240.)

Prior Codifications

1981 Ed., § 31-2005.

1973 Ed., § 31-1905.

Section References

This section is referenced in § 1-636.02.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Arts and Humanities Capital Funding Emergency Amendment Act of 2020 (D.C. Act 23-417, Oct. 14, 2020, 67 DCR 12252).

For temporary (90 days) amendment of this section, see § 3 of Substantive Technical Emergency Amendment Act of 2020 (D.C. Act 23-282, Mar. 26, 2020, 67 DCR 3959).

For temporary (90 days) amendment of this section, see § 2202(d) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 2202(d) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of Arts and Humanities Capital Funding Temporary Amendment Act of 2020 (D.C. Law 23-177, Dec. 23, 2020, 67 DCR 13240).

For temporary (225 days) amendment of this section, see § 3 of Substantive Technical Temporary Amendment Act of 2020 (D.C. Law 23-105, June 17, 2020, 67 DCR 3943).


§ 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.


(Oct. 21, 1975, D.C. Law 1-22, § 6a; as added Jan. 29, 1998, D.C. Law 12-42, § 2(c), 44 DCR 5577; Apr. 20, 1999, D.C. Law 12-264, § 29, 46 DCR 2118; Sept. 24, 2010, D.C. Law 18-223, § 2002(b), 57 DCR 6242; Dec. 24, 2013, D.C. Law 20-61, § 7242, 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 7044, 61 DCR 9990; Oct. 30, 2018, D.C. Law 22-168, §§ 2073, 7072(b), 65 DCR 9388; Sept. 11, 2019, D.C. Law 23-16, § 2202(e), 66 DCR 8621.)

Prior Codifications

1981 Ed., § 31-2005.1.

Section References

This section is referenced in § 39-202 and § 47-2002.

Effect of Amendments

D.C. Law 18-223 added subsec. (a-1).

The 2013 amendment by D.C. Law 20-61 added (a-1)(1) and (a-1)(2), and redesignated former (a-1)(1) and (a-1)(2) as (a-1)(3) and (a-1)(4), respectively; and added (a-2) and (f).

The 2015 amendment by D.C. Law 20-155 repealed (a-1)(1), (a-2), and (f).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2202(e) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 2202(e) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 7072(b) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 2073 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 7072(b) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2073 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 day) amendment of section, see § 2002(b) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 days) amendment of this section, see § 7242 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 7242 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see § 7054 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 7044 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 7044 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Short Title

Section 7241 of D.C. Law 20-61 provided that Subtitle X of Title VII of the act may be cited as the “Dedicated Funding for the Commission on Arts and Humanities Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 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) Each year, the Commission shall make a grant in the amount provided under § 39-205(c-1)(2)(D) to a grant-managing entity, which shall be used to make subgrants for the purpose of promoting cross-cultural understanding and appreciation of local history in all neighborhoods of the District of Columbia.

(2) Any costs to the Commission or the Humanities Grant Program to administer subgrants shall be paid out of the Humanities Grant Program's budget.

(3) Up to 30% of each disbursement from the Humanities Grant Program budget to the grant-managing entity may be utilized by the grant-managing entity 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) The Humanities Grant Program shall be administered pursuant to the requirements of part B of subchapter XII-A of Chapter 3 of Title 1

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


(Oct. 21, 1975, D.C. Law 1-22, § 6b; as added Sept. 11, 2019, D.C. Law 23-16, § 2202(f), 66 DCR 8621.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 2202(f) of the Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) creation of this section, see § 2202(f) of the Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).


§ 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.


(Oct. 21, 1975, D.C. Law 1-22, § 6c; as added Sept. 11, 2019, D.C. Law 23-16, § 2202(f), 66 DCR 8621.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 2202(f) of the Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) creation of this section, see § 2202(f) of the Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).


§ 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.


(Oct. 21, 1975, D.C. Law 1-22, § 7, 22 DCR 2088; Sept. 11, 2019, D.C. Law 23-16, § 2202(g), 66 DCR 8621.)

Prior Codifications

1981 Ed., § 31-2006.

1973 Ed., § 31-1906.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2202(g) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 2202(g) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).