US (United States) Code. Title 20. Chapter 26: Support and scholarship in humanities and arts, museum services

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Education

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-CITE-

20 USC CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES

AND ARTS; MUSEUM SERVICES 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

.

-HEAD-

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

-MISC1-

SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

Sec.

951. Declaration of findings and purposes.

952. Definitions.

953. National Foundation on the Arts and the Humanities.

(a) Establishment; composition.

(b) Purpose.

(c) Prohibition against Federal supervision over

policy determination, personnel, or curriculum,

or administration or operation of any school or

other non-Federal body.

954. National Endowment for the Arts.

(a) Establishment.

(b) Chairperson of the Endowment; term of office;

vacancies.

(c) Program of contracts, grants-in-aid, or loans to

groups and individuals for projects and

productions; traditionally underrepresented

recipients of financial assistance.

(d) Application for payment; regulations and

procedures.

(e) Limitation on amount of grant to group; grants

and contracts of the National Endowment for the

Arts.

(f) Eligibility for financial assistance.

(g) Grants to States for projects and productions;

applications; terms and conditions of State

plans; minimum allotments; excess

appropriations; cost limitations; grants to

regional groups; non-Federal funding;

definitions.

(h) Suspension of grants for defaults, noncompliance

with provisions and plans, and diversion of

funds; repayment of funds.

(i) Application for financial assistance;

requirements.

(j) Regulations for distribution of financial

assistance in installments; implementation.

(k) Reviews to ensure compliance with regulations.

(l) Use of financial assistance for obscene project,

production, etc.; repayment of assistance;

exceptions.

(m) Labor standards of professional performers and

personnel; healthy and safe working conditions.

(n) Labor standards of laborers and mechanics.

(o) Correlation and development of endowment programs

with other Federal and non-Federal programs;

expenditure of appropriations.

(p) Program of contracts or grants-in-aid to public

agencies and private nonprofit organizations;

limitation on payments; authority of

Chairperson.

(q) National information and data collection system

on the arts, artists and art groups, and

audiences; development and implementation plan;

state of the arts reports.

954a. Access to the arts through support of education.

(a) Purposes.

(b) Program of contracts or grants.

(c) Advisory council on arts education.

955. National Council on the Arts.

(a) Inclusion within the National Endowment for the

Arts.

(b) Appointment and composition of Council.

(c) Terms of office; vacancies.

(d) Meetings of Council; quorum; written records.

(e) Compensation of members.

(f) Advisory functions; policies, programs, and

procedures; recommendations; authority of

Chairperson; action by Chairperson pursuant to

delegation of authority.

955a. Omitted.

955b. National Medal of Arts.

(a) Establishment.

(b) Award of Medal; conditions; recipients;

presentation ceremonies.

(c) Availability of funds.

956. National Endowment for the Humanities.

(a) Establishment.

(b) Chairperson of the Endowment; appointment, term,

reappointment; vacancy; expiration of term.

(c) Functions of the Endowment; publications;

traditionally underrepresented recipients of

financial assistance.

(d) Coordination and development of Endowment

programs with other Federal and non-Federal

programs.

(e) Limitation on amount of grant for workshop

activities for which an admission or other

charge is made to the general public.

(f) Grants-in-aid programs; designation of State

administrative agency; matching funds;

applications and plans; allotments; cost

limitations; grants to regional groups;

non-Federal funding; definitions; suspension of

grants; single entity limitation.

(g) Payment of performers and supporting personnel;

standards, regulations, and procedures.

(h) Program of contracts or grants-in-aid to public

agencies and private nonprofit organizations;

limitation on payments.

(i) Interagency agreements.

(j) Payment of wages at prevailing rates; authority

of Secretary of Labor.

(k) National information and data collection system

on humanities, scholars, educational and

cultural groups, and audiences; development and

implementation plan; state of the humanities

reports.

(l) Eligibility of group for financial assistance.

(m) Annual awards.

956a. National Capital arts and cultural affairs; grant programs.

957. National Council on the Humanities.

(a) Establishment.

(b) Composition; basis for selection of members;

representation of interests; recommendations of

national organizations.

(c) Term of office; vacancies; reappointment.

(d) Meetings; quorum.

(e) Compensation and travel expenses.

(f) Advisory functions: policies, programs, and

procedures; review of applications for

financial support; recommendations prerequisite

to action of Chairperson; unilateral action by

Chairperson pursuant to delegation of

authority.

957a. Omitted.

958. Federal Council on the Arts and the Humanities.

(a) Establishment.

(b) Composition; presiding officer; changes in

membership to meet changes in programs or

executive branch organization.

(c) Functions.

959. Administrative provisions.

(a) General authority of Chairpersons.

(b) Rules for distribution of donations, bequests,

and devises; gifts with or without conditions;

transfers for tax purposes.

(c) Advisory panels; membership; procedures.

(d) Endowment activities reports.

(e) Council activities reports.

(f) Post-award evaluation of assisted projects,

productions, and programs; reports; extension

of time for compliance; failure to satisfy

purposes of assistance.

960. Authorization of appropriations.

(a) Contracts, grants-in-aid, and loans to groups,

individuals, public agencies, and private

nonprofit organizations; availability of

appropriations; guidelines.

(b) Availability of appropriated unexpended funds;

notice of availability of funds by advance

appropriation.

(c) Administrative appropriations.

(d) Total amount of appropriations.

(e) Prohibition of grants to production workshops

using admission proceeds for unauthorized

purposes.

(f) Availability of appropriations for arts

education.

SUBCHAPTER II - MUSEUM SERVICES

961 to 969. Omitted.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2104 of this title.

-CITE-

20 USC SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND

THE HUMANITIES 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

.

-HEAD-

SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 29 section 653.

-CITE-

20 USC Sec. 951 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

-HEAD-

Sec. 951. Declaration of findings and purposes

-STATUTE-

The Congress finds and declares the following:

(1) The arts and the humanities belong to all the people of the

United States.

(2) The encouragement and support of national progress and

scholarship in the humanities and the arts, while primarily a

matter for private and local initiative, are also appropriate

matters of concern to the Federal Government.

(3) An advanced civilization must not limit its efforts to

science and technology alone, but must give full value and

support to the other great branches of scholarly and cultural

activity in order to achieve a better understanding of the past,

a better analysis of the present, and a better view of the

future.

(4) Democracy demands wisdom and vision in its citizens. It

must therefore foster and support a form of education, and access

to the arts and the humanities, designed to make people of all

backgrounds and wherever located masters of their technology and

not its unthinking servants.

(5) It is necessary and appropriate for the Federal Government

to complement, assist, and add to programs for the advancement of

the humanities and the arts by local, State, regional, and

private agencies and their organizations. In doing so, the

Government must be sensitive to the nature of public

sponsorship. Public funding of the arts and humanities is

subject to the conditions that traditionally govern the use of

public money. Such funding should contribute to public support

and confidence in the use of taxpayer funds. Public funds

provided by the Federal Government must ultimately serve public

purposes the Congress defines.

(6) The arts and the humanities reflect the high place accorded

by the American people to the nation's rich cultural heritage and

to the fostering of mutual respect for the diverse beliefs and

values of all persons and groups.

(7) The practice of art and the study of the humanities require

constant dedication and devotion. While no government can call a

great artist or scholar into existence, it is necessary and

appropriate for the Federal Government to help create and sustain

not only a climate encouraging freedom of thought, imagination,

and inquiry but also the material conditions facilitating the

release of this creative talent.

(8) The world leadership which has come to the United States

cannot rest solely upon superior power, wealth, and technology,

but must be solidly founded upon worldwide respect and admiration

for the Nation's high qualities as a leader in the realm of ideas

and of the spirit.

(9) Americans should receive in school, background and

preparation in the arts and humanities to enable them to

recognize and appreciate the aesthetic dimensions of our lives,

the diversity of excellence that comprises our cultural heritage,

and artistic and scholarly expression.

(10) It is vital to a democracy to honor and preserve its

multicultural artistic heritage as well as support new ideas, and

therefore it is essential to provide financial assistance to its

artists and the organizations that support their work.

(11) To fulfill its educational mission, achieve an orderly

continuation of free society, and provide models of excellence to

the American people, the Federal Government must transmit the

achievement and values of civilization from the past via the

present to the future, and make widely available the greatest

achievements of art.

(12) In order to implement these findings and purposes, it is

desirable to establish a National Foundation on the Arts and the

Humanities.

-SOURCE-

(Pub. L. 89-209, Sec. 2, Sept. 29, 1965, 79 Stat. 845; Pub. L.

91-346, Sec. 2, July 20, 1970, 84 Stat. 443; Pub. L. 93-133, Sec.

2(a)(1), Oct. 19, 1973, 87 Stat. 462; renumbered title I, Sec. 2,

and amended Pub. L. 98-306, Sec. 2, 3, May 31, 1984, 98 Stat. 223;

renumbered Sec. 2 and amended Pub. L. 99-194, title I, Sec. 101(1),

102, Dec. 20, 1985, 99 Stat. 1332; Pub. L. 101-512, title III, Sec.

318 (title I, Sec. 101), Nov. 5, 1990, 104 Stat. 1960, 1961.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-512 amended section generally, substituting

provisions relating to declaration of findings and purposes

consisting of pars. (1) to (12) for provisions relating to

declaration of purpose consisting of cls. (1) to (9).

1985 - Cl. (2). Pub. L. 99-194, Sec. 102(1), struck out ''man's''

before ''scholarly and cultural activity''.

Cl. (3). Pub. L. 99-194, Sec. 102(2), inserted '', and access to

the arts and the humanities,'' after ''form of education'' and

substituted ''people of all backgrounds and wherever located'' for

''men''.

Cls. (8), (9). Pub. L. 99-194, Sec. 102(3)-(5), added cl. (8) and

redesignated former cl. (8) as (9).

1984 - Cls. (6) to (8). Pub. L. 98-306, Sec. 3, added cl. (6) and

redesignated former cls. (6) and (7) as (7) and (8), respectively.

1973 - Cl. (7). Pub. L. 93-133 struck out provisions relating to

strengthening the responsibilities of the Office of Education with

respect to education in the arts and the humanities.

1970 - Cl. (2). Pub. L. 91-346 inserted ''in order to achieve a

better understanding of the past, a better analysis of the present,

and a better view of the future''.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 318 (title IV, Sec. 403) of Pub. L. 101-512 provided

that:

''(a) General Effective Date. - Except as provided in subsection

(b), this Act (probably means section, see Short Title of 1990

Amendment note below) and the amendments made by this Act shall

take effect on October 1, 1990.

''(b) Special Effective Date. - The amendments made by sections

110, 204, and 301 (amending sections 960, 967, and 974 of this

title) shall take effect on the date of the enactment of this Act

(Nov. 5, 1990) or October 1, 1990, whichever is earlier.''

EFFECTIVE DATE OF 1973 AMENDMENT

Section 2(b) of Pub. L. 93-133 provided that: ''The amendments

made by subsection (a) (amending this section and sections 952 and

954 to 960 of this title and repealing sections 962 and 963 of this

title) shall be effective on and after July 1, 1973.''

SHORT TITLE OF 1990 AMENDMENT

Section 318 of Pub. L. 101-512 provided that: ''This section

(enacting sections 954a and 969 of this title, amending this

section, sections 952, 954, 955, 956, 958, 959, 960, 963, 964, 965,

967, and 974 of this title, and section 5315 of Title 5, Government

Organization and Employees, and enacting notes under this section

and section 954 of this title) may be cited as the 'Arts,

Humanities, and Museums Amendments of 1990'.''

SHORT TITLE OF 1985 AMENDMENT

Section 1 of Pub. L. 99-194 provided that: ''This Act (enacting

section 177 of title 2, The Congress, amending this section and

sections 952 to 955, 956, 957, 958 to 960, 963, 964, 967, 971, 972,

and 974 of this title, enacting provisions set out as notes under

sections 954 and 972 of this title, and amending provisions set out

as a note under this section) may be cited as the 'Arts,

Humanities, and Museums Amendments of 1985'.''

SHORT TITLE OF 1984 AMENDMENT

Section 1 of Pub. L. 98-306 provided that: ''This Act (enacting

section 955b of this title and section 310 of Title 25, Indians,

amending this section and sections 952 to 955, 956, 957, 958 to

960, 962, 963, 964, and 967 of this title, amending provisions set

out as a note under this section and repealing provisions set out

as notes under sections 960 and 967 of this title) may be cited as

the 'National Foundation on the Arts and the Humanities Act

Amendments of 1983'.''

SHORT TITLE OF 1980 AMENDMENT

Pub. L. 96-496, Sec. 1, Dec. 4, 1980, 94 Stat. 2583, provided

that: ''This Act (amending sections 952, 954, 955, 956, 957, 958 to

960, 962, 963, 964, 965, 967, 974, and 3473 of this title) may be

cited as the 'Arts and Humanities Act of 1980'.''

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94-462, Sec. 1, Oct. 8, 1976, 90 Stat. 1971, provided:

''That this Act (enacting sections 961 to 968 of this title,

amending sections 954, 955, 956, 957, 958, 960, and 1867 of this

title, and enacting provisions set out as notes under sections 956,

960, and 961 of this title) may be cited as the 'Arts, Humanities,

and Cultural Affairs Act of 1976'.''

SHORT TITLE OF 1973 AMENDMENT

Section 1 of Pub. L. 93-133 provided: ''That this Act (amending

this section and sections 351a, 952, 954, 955, 956, 957, and 958 to

960 of this title, repealing sections 962 and 963 of this title,

and enacting provisions set out as notes under this section and

section 351a of this title) may be cited as the 'National

Foundation on the Arts and the Humanities Amendments of 1973'.''

SHORT TITLE OF 1970 AMENDMENT

Section 1 of Pub. L. 91-346 provided: ''That this Act (amending

this section and sections 952, 954, 955, 956, 957, and 958 to 960

of this title, repealing sections 781 to 788 and 790 of this title,

and enacting provisions set out as notes under section 955 of this

title and section 781 of this title) may be cited as 'The National

Foundation on the Arts and the Humanities Amendments of 1970'.''

SHORT TITLE

Section 1 of Pub. L. 89-209, as renumbered title I, Sec. 1, and

amended by Pub. L. 98-306, Sec. 2, May 31, 1984, 98 Stat. 223;

renumbered Sec. 1 and amended by Pub. L. 99-194, title I, Sec. 101,

Dec. 20, 1985, 99 Stat. 1332, provided that: ''This Act (enacting

this subchapter, amending sections 784 to 786 of this title,

repealing section 789 of this title, and enacting provisions

formerly set out as a note under section 785 of this title) may be

cited as the 'National Foundation on the Arts and the Humanities

Act of 1965'.''

SENSE OF CONGRESS REGARDING PURCHASE OF AMERICAN-MADE EQUIPMENT AND

PRODUCTS

Section 318 (title IV, Sec. 401, 402) of Pub. L. 101-512 provided

that:

''SEC. 401. SENSE OF CONGRESS.

''It is the sense of the Congress that a recipient (including a

nation, individual, group, or organization) of any form of subsidy,

aid, or other Federal assistance under the Acts amended by this Act

(probably means this section, see Short Title of 1990 Amendment

note above) should, in expending that assistance, purchase

American-made equipment and products.

''SEC. 402. NOTICE.

''Any entity that provides a form of subsidy, aid, or other

Federal assistance under the Acts amended by this Act shall provide

to each recipient of such form of subsidy, aid, or other Federal

assistance a notice describing the sense of the Congress stated

under section 401.''

1979 WHITE HOUSE CONFERENCE ON THE ARTS

Pub. L. 95-272, title I, Sec. 101-109, May 3, 1978, 92 Stat.

222-224, called for a White House Conference on the Arts to be held

no later than Dec. 31, 1979, to help develop a climate in which the

arts can flourish and to formulate recommendations relating to the

appropriate growth of the arts in all parts of the Nation,

established a National Conference Planning Council on the Arts to

provide guidance and planning for the Conference, directed the

Council to submit a report of the Conference to the President and

to the Congress no later than 180 days following the date on which

the Conference was called, and provided the Council cease to exist

180 days, unless extended by the President, but in no event to

exceed one year, after submission of the report.

1979 WHITE HOUSE CONFERENCE ON THE HUMANITIES

Pub. L. 95-272, title II, Sec. 201-209, May 3, 1978, 92 Stat.

224-226, called for a White House Conference on the Humanities to

be held no later than Dec. 31, 1979, to help develop a climate in

which the humanities can flourish and to formulate recommendations

relating to the appropriate growth of the humanities in all parts

of the Nation, established a National Planning Council on the

Humanities to provide guidance and planning for the Conference,

directed the Council to submit a report of the Conference to the

President and to the Congress no later than 180 days following the

date on which the Conference was called, and provided the Council

cease to exist 180 days, unless extended by the President, but in

no event to exceed one year, after submission of the report.

-EXEC-

EXECUTIVE ORDER NO. 12275

Ex. Ord. No. 12275, Jan. 16, 1981, 46 F.R. 5857, which

established the Design Liaison Council and provided for its

membership, functions, etc., was revoked by Ex. Ord. No. 12379,

Sec. 10, Aug. 17, 1982, 47 F.R. 36099, set out as a note under

section 14 of the Federal Advisory Committee Act in the Appendix to

Title 5, Government Organization and Employees.

-CITE-

20 USC Sec. 952 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

-HEAD-

Sec. 952. Definitions

-STATUTE-

As used in this subchapter -

(a) The term ''humanities'' includes, but is not limited to, the

study and interpretation of the following: language, both modern

and classical; linguistics; literature; history; jurisprudence;

philosophy; archeology; comparative religion; ethics; the history,

criticism, and theory of the arts; those aspects of the social

sciences which have humanistic content and employ humanistic

methods; and the study and application of the humanities to the

human environment with particular attention to reflecting our

diverse heritage, traditions, and history and to the relevance of

the humanities to the current conditions of national life.

(b) The term ''the arts'' includes, but is not limited to, music

(instrumental and vocal), dance, drama, folk art, creative writing,

architecture and allied fields, painting, sculpture, photography,

graphic and craft arts, industrial design, costume and fashion

design, motion pictures, television, radio, film, video, tape and

sound recording, the arts related to the presentation, performance,

execution, and exhibition of such major art forms, all those

traditional arts practiced by the diverse peoples of this country.

(FOOTNOTE 1) and the study and application of the arts to the human

environment.

(FOOTNOTE 1) So in original. The period probably should be a

comma.

(c) The term ''production'' means plays (with or without music),

ballet, dance and choral performances, concerts, recitals, operas,

exhibitions, readings, motion pictures, television, radio, film,

video, and tape and sound recordings, and any other activities

involving the execution or rendition of the arts and meeting such

standards as may be approved by the National Endowment for the Arts

established by section 954 of this title.

(d) The term ''project'' means programs organized to carry out

the purposes of this subchapter, including programs to foster

American artistic creativity, to commission works of art, to create

opportunities for individuals to develop artistic talents when

carried on as a part of a program otherwise included in this

definition, and to develop and enhance the widest public knowledge

and understanding of the arts, and includes, where appropriate,

rental or purchase of facilities, purchase or rental of land, and

acquisition of equipment. Such term also includes -

(1) the renovation of facilities if (A) the amount of the

expenditure of Federal funds for such purpose in the case of any

project does not exceed $250,000, or (B) two-thirds of the

members of the National Council on the Arts or the National

Council on the Humanities, as the case may be (who are present

and voting) approve of the grant or contract involving an

expenditure for such purpose; and

(2) for purposes of sections 954(p), 956(c)(10), and 956(h) of

this title only, the construction of facilities if (A) such

construction is for demonstration purposes or under unusual

circumstances where there is no other manner in which to

accomplish an artistic or humanistic purpose, and (B) two-thirds

of the members of the National Council on the Arts and the

National Council on the Humanities, as the case may be, (who are

present and voting) approve of the grant or contract involving an

expenditure for such purpose.

(e) The term ''group'' includes any State or other public agency,

and any nonprofit society, institution, organization, association,

museum, or establishment in the United States, whether or not

incorporated.

(f) The term ''workshop'' means an activity the primary purpose

of which is to encourage the artistic development or enjoyment of

amateur, student, or other nonprofessional participants, or to

promote scholarship and teaching among the participants.

(g) The term ''State'' includes, in addition to the several

States of the Union, the Commonwealth of Puerto Rico, the District

of Columbia, Guam, American Samoa, the Northern Mariana Islands,

and the Virgin Islands.

(h) The term ''local arts agency'' means a community

organization, or an agency of local government, that primarily

provides financial support, services, or other programs for a

variety of artists and arts organizations, for the benefit of the

community as a whole.

(i) The term ''developing arts organization'' means a local arts

organization of high artistic promise which -

(1) serves as an important source of local arts programming in

a community; and

(2) has the potential to develop artistically and

institutionally to broaden public access to the arts in rural and

innercity areas and other areas that are underserved

artistically.

(j) The term ''determined to be obscene'' means determined, in a

final judgment of a court of record and of competent jurisdiction

in the United States, to be obscene.

(k) The term ''final judgment'' means a judgment that is either -

(1) not reviewed by any other court that has authority to

review such judgment; or

(2) is not reviewable by any other court.

(l) The term ''obscene'' means with respect to a project,

production, workshop, or program that -

(1) the average person, applying contemporary community

standards, would find that such project, production, workshop, or

program, when taken as a whole, appeals to the prurient interest;

(2) such project, production, workshop, or program depicts or

describes sexual conduct in a patently offensive way; and

(3) such project, production, workshop, or program, when taken

as a whole, lacks serious literary, artistic, political, or

scientific value.

-SOURCE-

(Pub. L. 89-209, Sec. 3, Sept. 29, 1965, 79 Stat. 845; Pub. L.

90-348, Sec. 1, 7, June 18, 1968, 82 Stat. 184, 187; Pub. L.

91-346, Sec. 3, July 20, 1970, 84 Stat. 443; Pub. L. 93-133, Sec.

2(a)(2), Oct. 19, 1973, 87 Stat. 462; Pub. L. 96-496, title I, Sec.

101, Dec. 4, 1980, 94 Stat. 2583; renumbered title I, Sec. 3, Pub.

L. 98-306, Sec. 2, May 31, 1984, 98 Stat. 223; renumbered Sec. 3

and amended Pub. L. 99-194, title I, Sec. 101(1), 103, Dec. 20,

1985, 99 Stat. 1332; Pub. L. 101-512, title III, Sec. 318 (title I,

Sec. 102), Nov. 5, 1990, 104 Stat. 1960, 1962.)

-MISC1-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-512, Sec. 318 (title I, Sec.

102(a)(1), (b)(1)), inserted ''all those traditional arts practiced

by the diverse peoples of this country.'' after ''forms,'' and

''film, video,'' after ''radio,''.

Subsec. (c). Pub. L. 101-512, Sec. 318 (title I, Sec. 102(b)(2)),

inserted ''film, video,'' after ''radio,''.

Subsec. (d). Pub. L. 101-512, Sec. 318 (title I, Sec.

102(b)(3)(A)), inserted ''the widest'' after ''enhance''.

Subsec. (d)(2). Pub. L. 101-512, Sec. 318 (title I, Sec.

102(b)(3)(B)), which directed the substitution of ''sections

954(p), 956(c)(10),'' for ''sections 954(1)'', was executed by

making the substitution for ''sections 954(l)'' to reflect the

probable intent of Congress.

Subsecs. (h), (i). Pub. L. 101-512, Sec. 318 (title I, Sec.

102(a)(2)), added subsecs. (h) and (i).

Subsecs. (j) to (l). Pub. L. 101-512, Sec. 318 (title I, Sec.

102(c)), added subsecs. (j) to (l).

1985 - Subsec. (a). Pub. L. 99-194, Sec. 103(1), substituted

''study and interpretation of the following'' for ''study of the

following'' and inserted ''to reflecting our diverse heritage,

traditions, and history and'' after ''particular attention''.

Subsec. (d)(2). Pub. L. 99-194, Sec. 103(2), inserted ''for

purposes of sections 954(l) and 956(h) of this title only,'' before

''the construction of facilities if'', ''or humanistic'' after

''artistic'', and ''and the National Council on the Humanities, as

the case may be,'' after ''the National Council on the Arts''.

1980 - Subsec. (a). Pub. L. 96-496, Sec. 101(a), substituted

''and theory of the arts'' for ''theory, and practice of the

arts''.

Subsec. (d)(1)(B). Pub. L. 96-496, Sec. 101(b), inserted ''or the

National Council on the Humanities, as the case may be''.

Subsec. (g). Pub. L. 96-496, Sec. 101(c), inserted ''the Northern

Mariana Islands''.

1973 - Subsec. (d). Pub. L. 93-133 substituted ''or purchase of

facilities'' for '', purchase, renovation, or construction of

facilities'' and added pars. (1) and (2).

1970 - Subsec. (a). Pub. L. 91-346 extended term ''humanities''

to include the study of comparative religion and ethics, and

emphasized that particular attention be paid to relevance of

humanities to current conditions of national life when engaging in

study and application of humanities to human environment.

1968 - Subsec. (a). Pub. L. 90-348, Sec. 7, extended term

''humanities'' to include the study and application of enumerated

fields to human environment.

Subsec. (b). Pub. L. 90-348, Sec. 7, extended term ''arts'' to

include study and application of enumerated art forms to human

environment.

Subsec. (f). Pub. L. 90-348, Sec. 1, substituted ''activity'' for

''production'' in definition of ''workshop'' and extended

enumerated purposes to include promotion of scholarship and

teaching among participants.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section

318 (title IV, Sec. 403(a)) of Pub. L. 101-512, set out as a note

under section 951 of this title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-133 effective on and after July 1, 1973,

see section 2(b) of Pub. L. 93-133, set out as a note under section

951 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 954, 956 of this title.

-CITE-

20 USC Sec. 953 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

-HEAD-

Sec. 953. National Foundation on the Arts and the Humanities

-STATUTE-

(a) Establishment; composition

There is established a National Foundation on the Arts and the

Humanities (hereinafter referred to as the ''Foundation''), which

shall be composed of a National Endowment for the Arts, a National

Endowment for the Humanities, a Federal Council on the Arts and the

Humanities, and an Institute of Museum Services.

(b) Purpose

The purpose of the Foundation shall be to develop and promote a

broadly conceived national policy of support for the humanities and

the arts in the United States, and for institutions which preserve

the cultural heritage of the United States pursuant to this

subchapter.

(c) Prohibition against Federal supervision over policy

determination, personnel, or curriculum, or administration or

operation of any school or other non-Federal body

In the administration of this subchapter no department, agency,

officer, or employee of the United States shall exercise any

direction, supervision, or control over the policy determination,

personnel, or curriculum, or the administration or operation of any

school or other non-Federal agency, institution, organization, or

association.

-SOURCE-

(Pub. L. 89-209, Sec. 4, Sept. 29, 1965, 79 Stat. 846; renumbered

title I, Sec. 4, and amended Pub. L. 98-306, Sec. 2, 4, May 31,

1984, 98 Stat. 223; renumbered Sec. 4 and amended Pub. L. 99-194,

title I, Sec. 101(1), 104, Dec. 20, 1985, 99 Stat. 1332, 1333.)

-MISC1-

AMENDMENTS

1985 - Subsec. (a). Pub. L. 99-194, Sec. 104, struck out a second

comma after ''a National Endowment for the Humanities'' and

''(hereinafter established)'' after ''Institute of Museum

Services''.

1984 - Subsec. (a). Pub. L. 98-306, Sec. 4(a), substituted '', a

Federal Council'' for ''and a Federal Council'' and inserted '',

and an Institute of Museum Services''.

Subsec. (b). Pub. L. 98-306, Sec. 4(b), inserted '', and for

institutions which preserve the cultural heritage of the United

States''.

-CITE-

20 USC Sec. 954 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

-HEAD-

Sec. 954. National Endowment for the Arts

-STATUTE-

(a) Establishment

There is established within the Foundation a National Endowment

for the Arts.

(b) Chairperson of the Endowment; term of office; vacancies

(1) The Endowment shall be headed by a chairperson, to be known

as the Chairperson of the National Endowment for the Arts, who

shall be appointed by the President, by and with the advice and

consent of the Senate.

(2) The term of office of the Chairperson shall be four years and

the Chairperson shall be eligible for reappointment. The

provisions of this subsection shall apply to any person appointed

to fill a vacancy in the office of Chairperson. Upon expiration of

the chairperson's term of office the Chairperson shall serve until

the Chairperson's successor shall have been appointed and shall

have qualified.

(c) Program of contracts, grants-in-aid, or loans to groups and

individuals for projects and productions; traditionally

underrepresented recipients of financial assistance

The Chairperson, with the advice of the National Council on the

Arts, is authorized to establish and carry out a program of

contracts with, or grants-in-aid or loans to, groups or, in

appropriate cases, individuals of exceptional talent engaged in or

concerned with the arts, for the purpose of enabling them to

provide or support -

(1) projects and productions which have substantial national or

international artistic and cultural significance, giving emphasis

to American creativity and cultural diversity and to the

maintenance and encouragement of professional excellence;

(2) projects and productions, meeting professional standards or

standards of authenticity or tradition, irrespective of origin,

which are of significant merit and which, without such

assistance, would otherwise be unavailable to our citizens for

geographic or economic reasons;

(3) projects and productions that will encourage and assist

artists and enable them to achieve wider distribution of their

works, to work in residence at an educational or cultural

institution, or to achieve standards of professional excellence;

(4) projects and productions which have substantial artistic

and cultural significance and that reach, or reflect the culture

of, a minority, inner city, rural, or tribal community;

(5) projects and productions that will encourage public

knowledge, education, understanding, and appreciation of the

arts;

(6) workshops that will encourage and develop the appreciation

and enjoyment of the arts by our citizens;

(7) programs for the arts at the local level;

(8) projects that enhance managerial and organizational skills

and capabilities;

(9) projects, productions, and workshops of the kinds described

in paragraphs (1) through (8) through film, radio, video, and

similar media, for the purpose of broadening public access to the

arts; and

(10) other relevant projects, including surveys, research,

planning, and publications relating to the purposes of this

subsection.

In the case of publications under paragraph (10) of this subsection

such publications may be supported without regard for the

provisions of section 501 of title 44 only if the Chairperson

consults with the Joint Committee on Printing of the Congress and

the Chairperson submits to the Committee on Labor and Human

Resources of the Senate and the Committee on Education and Labor of

the House of Representatives a report justifying any exemption from

such section 501. Any loans made by the Chairperson under this

subsection shall be made in accordance with terms and conditions

approved by the Secretary of the Treasury. In selecting individuals

and groups of exceptional talent as recipients of financial

assistance to be provided under this subsection, the Chairperson

shall give particular regard to artists and artistic groups that

have traditionally been underrepresented.

(d) Application for payment; regulations and procedures

No payment shall be made under this section except upon

application therefor which is submitted to the National Endowment

for the Arts in accordance with regulations issued and procedures

established by the Chairperson. In establishing such regulations

and procedures, the Chairperson shall ensure that -

(1) artistic excellence and artistic merit are the criteria by

which applications are judged, taking into consideration general

standards of decency and respect for the diverse beliefs and

values of the American public; and

(2) applications are consistent with the purposes of this

section. Such regulations and procedures shall clearly indicate

that obscenity is without artistic merit, is not protected

speech, and shall not be funded. Projects, productions,

workshops, and programs that are determined to be obscene are

prohibited from receiving financial assistance under this

subchapter from the National Endowment for the Arts.

The disapproval or approval of an application by the Chairperson

shall not be construed to mean, and shall not be considered as

evidence that, the project, production, workshop, or program for

which the applicant requested financial assistance is or is not

obscene.

(e) Limitation on amount of grant to group; grants and contracts of

the National Endowment for the Arts

The total amount of any grant to any group pursuant to subsection

(c) of this section shall not exceed 50 per centum of the total

cost of such project or production, except that not more than 20

per centum of the funds allotted by the National Endowment for the

Arts for the purposes of subsection (c) of this section for any

fiscal year may be available for grants and contracts in that

fiscal year without regard to such limitation.

(f) Eligibility for financial assistance

Any group shall be eligible for financial assistance pursuant to

this section only if (1) no part of its net earnings inures to the

benefit of any private stockholder or stockholders, or individual

or individuals, and (2) donations to such group are allowable as a

charitable contribution under the standards of subsection (c) of

section 170 of title 26.

(g) Grants to States for projects and productions; applications;

terms and conditions of State plans; minimum allotments; excess

appropriations; cost limitations; grants to regional groups;

non-Federal funding; definitions

(1) The Chairperson, with the advice of the National Council on

the Arts, is authorized to establish and carry out a program of

grants-in-aid to assist the several States in supporting existing

projects and productions which meet the standards enumerated in

subsection (c) of this section, and in developing projects and

productions in the arts in such a manner as will furnish adequate

programs, facilities, and services in the arts to all the people

and communities in each of the several States.

(2) In order to receive assistance under this subsection in any

fiscal year, a State shall submit an application for such grants at

such time as shall be specified by the Chairperson and accompany

such application with a plan which the Chairperson finds -

(A) designates or provides for the establishment of a State

agency (hereinafter in this section referred to as the ''State

agency'') as the sole agency for the administration of the State

plan;

(B) provides that funds paid to the State under this subsection

will be expended solely on projects and productions approved by

the State agency which carry out one or more of the objectives of

subsection (c) of this section;

(C) provides that the State agency will make such reports, in

such form and containing such information, as the Chairperson may

from time to time require, including a description of the

progress made toward achieving the goals of the State plan;

(D) provides -

(i) assurances that the State agency has held, after

reasonable notice, public meetings in the State to allow all

groups of artists, interested organizations, and the public to

present views and make recommendations regarding the State

plan; and

(ii) a summary of such recommendations and the State agency's

response to such recommendations; and

(E) contains -

(i) a description of the level of participation during the

most recent preceding year for which information is available

by artists, artists' organizations, and arts organizations in

projects and productions for which financial assistance is

provided under this subsection;

(ii) for the most recent preceding year for which information

is available, a description of the extent projects and

productions receiving financial assistance from the State arts

agency are available to all people and communities in the

State; and

(iii) a description of projects and productions receiving

financial assistance under this subsection that exist or are

being developed to secure wider participation of artists,

artists' organizations, and arts organizations identified under

clause (i) of this subparagraph or that address the

availability of the arts to all people or communities

identified under clause (ii) of this subparagraph.

No application may be approved unless the accompanying plan

satisfies the requirements specified in this subsection.

(3) Of the sums available to carry out this subsection for any

fiscal year, each State which has a plan approved by the

Chairperson shall be allotted at least $200,000. If the sums

appropriated are insufficient to make the allotments under the

preceding sentence in full, such sums shall be allotted among such

States in equal amounts. In any case where the sums available to

carry out this subsection for any fiscal year are in excess of the

amount required to make the allotments under the first sentence of

this paragraph -

(A) the amount of such excess which is no greater than 25 per

centum of the sums available to carry out this subsection for any

fiscal year shall be available only to the Chairperson for making

grants under this subsection to States and regional groups, and

(B) the amount of such excess, if any, which remains after

reserving in full for the Chairperson the amount required under

clause (A) shall be allotted among the States which have plans

approved by the Chairperson in equal amounts

but in no event shall any State be allotted less than $200,000.

(4)(A) The amount of each allotment to a State for any fiscal

year under this subsection shall be available to each State, which

has a plan approved by the Chairperson in effect on the first day

of such fiscal year, to pay not more than 50 per centum of the

total cost of any project or production described in paragraph (1).

The amount of any allotment made under paragraph (3) for any fiscal

year which exceeds $125,000 shall be available, at the discretion

of the Chairperson, to pay up to 100 per centum of such cost of

projects and productions if such projects and productions would

otherwise be unavailable to the residents of that State: Provided,

That the total amount of any such allotment for any fiscal year

which is exempted from such 50 per centum limitation shall not

exceed 20 per centum of the total of such allotment for such fiscal

year.

(B) Any amount allotted to a State under the first sentence of

paragraph (3) for any fiscal year which is not obligated by the

State prior to 60 days prior to the end of the fiscal year for

which such sums are appropriated shall be available for making

grants to regional groups.

(C) Funds made available under this subsection shall not be used

to supplant non-Federal funds.

(D) For the purpose of paragraph (3) and paragraph (4) of this

section the term ''regional group'' means any multistate group,

whether or not representative of contiguous States.

(E) For purposes of paragraph (3)(B), the term ''State''

includes, in addition to the several States of the Union, only

those special jurisdictions specified in section 952(g) of this

title which have a population of 200,000 or more, according to the

latest decennial census.

(5) All amounts allotted or made available under paragraph (3)

for a fiscal year which are not granted to a State during such year

shall be available at the end of such year to the National

Endowment for the Arts for the purpose of carrying out subsection

(c) of this section.

(h) Suspension of grants for defaults, noncompliance with

provisions and plans, and diversion of funds; repayment of

funds

Whenever the Chairperson, after reasonable notice and opportunity

for hearing, finds that -

(1) a group is not complying substantially with the provisions

of this section;

(2) a State agency is not complying substantially with the

terms and conditions of its State plan approved under this

section; or

(3) any funds granted to a group or State agency under this

section have been diverted from the purposes for which they were

allotted or paid,

the Chairperson shall immediately notify the Secretary of the

Treasury and the group or State agency with respect to which such

finding was made that no further grants will be made under this

section to such group or agency until there is no longer any

default or failure to comply or the diversion has been corrected,

or, if compliance or correction is impossible, until such group or

agency repays or arranges the repayment of the Federal funds which

have been improperly diverted or expended.

(i) Application for financial assistance; requirements

It shall be a condition of the receipt of financial assistance

provided under this section by the Chairperson or the State agency

that the applicant for such assistance include in its application -

(1) a detailed description of the proposed project, production,

workshop, or program for which the applicant requests such

assistance;

(2) a timetable for the completion of such proposed project,

production, workshop, or program;

(3) an assurance that the applicant will submit -

(A) interim reports describing the applicant's -

(i) progress in carrying out such project, production,

workshop, or program; and

(ii) compliance with this subchapter and the conditions of

receipt of such assistance;

(B) if such proposed project, production, workshop, or

program will be carried out during a period exceeding 1 year,

an annual report describing the applicant's -

(i) progress in carrying out such project, production,

workshop, or program; and

(ii) compliance with this subchapter and the conditions of

receipt of such assistance; and

(C) not later than 90 days after -

(i) the end of the period for which the applicant receives

such assistance; or

(ii) the completion of such project, production, workshop,

or program;

whichever occurs earlier, a final report to the Chairperson or

the State agency (as the case may be) describing the

applicant's compliance with this subchapter and the conditions

of receipt of such assistance; and

(4) an assurance that the project, production, workshop, or

program for which assistance is requested will meet the standards

of artistic excellence and artistic merit required by this

subchapter.

(j) Regulations for distribution of financial assistance in

installments; implementation

The Chairperson shall issue regulations to provide for the

distribution of financial assistance to recipients in installments

except in those cases where the Chairperson determines that

installments are not practicable. In implementing any such

installments, the Chairperson shall ensure that -

(1) not more than two-thirds of such assistance may be provided

at the time such application is approved; and

(2) the remainder of such assistance may not be provided until

the Chairperson finds that the recipient of such assistance is

complying substantially with this section and with the conditions

under which such assistance is provided to such recipient.

(k) Reviews to ensure compliance with regulations

The Inspector General of the Endowment shall conduct appropriate

reviews to ensure that recipients of financial assistance under

this section comply with the regulations under this subchapter that

apply with respect to such assistance, including regulations

relating to accounting and financial matters.

(l) Use of financial assistance for obscene project, production,

etc.; repayment of assistance; exceptions

(1) If, after reasonable notice and opportunity for a hearing on

the record, the Chairperson determines that a recipient of

financial assistance provided under this section by the Chairperson

or any non-Federal entity, used such financial assistance for a

project, production, workshop, or program that is determined to be

obscene, then the Chairperson shall require that until such

recipient repays such assistance (in such amount, and under such

terms and conditions, as the Chairperson determines to be

appropriate) to the Endowment; no subsequent financial assistance

be provided under this section to such recipient.

(2) Financial assistance repaid under this section to the

Endowment shall be deposited in the Treasury of the United States

and credited as miscellaneous receipts.

(3)(A) This subsection shall not apply with respect to financial

assistance provided before the effective date of this subsection.

(B) This subsection shall not apply with respect to a project,

production, workshop, or program after the expiration of the 7-year

period beginning on the latest date on which financial assistance

is provided under this section for such project, production,

workshop, or program.

(m) Labor standards of professional performers and personnel;

healthy and safe working conditions

It shall be a condition of the receipt of any grant under this

section that the group or individual of exceptional talent or the

State or State agency receiving such grant furnish adequate

assurances to the Secretary of Labor that (1) all professional

performers and related or supporting professional personnel (other

than laborers and mechanics with respect to whom labor standards

are prescribed in subsection (n) of this section) employed on

projects or productions which are financed in whole or in part

under this section will be paid, without subsequent deduction or

rebate on any account, not less than the minimum compensation as

determined by the Secretary of Labor to be the prevailing minimum

compensation for persons employed in similar activities; and (2) no

part of any project or production which is financed in whole or in

part under this section will be performed or engaged in under

working conditions which are unsanitary or hazardous or dangerous

to the health and safety of the employees engaged in such project

or production. Compliance with the safety and sanitary laws of the

State in which the performance or part thereof is to take place

shall be prima facie evidence of compliance. The Secretary of

Labor shall have the authority to prescribe standards, regulations,

and procedures as the Secretary of Labor may deem necessary or

appropriate to carry out the provisions of this subsection.

(n) Labor standards of laborers and mechanics

It shall be a condition of the receipt of any grant under this

section that the group or individual of exceptional talent or the

State or State agency receiving such grant furnish adequate

assurances to the Secretary of Labor that all laborers and

mechanics employed by contractors or subcontractors on construction

projects assisted under this section shall be paid wages at rates

not less than those prevailing on similar construction in the

locality as determined by the Secretary of Labor in accordance with

sections 3141-3144, 3146, and 3147 of title 40. The Secretary of

Labor shall have with respect to the labor standards specified in

this subsection the authority and functions set forth in

Reorganization Plan Numbered 14 of 1950 and section 3145 of title

40.

(o) Correlation and development of endowment programs with other

Federal and non-Federal programs; expenditure of appropriations

The Chairperson shall correlate the programs of the National

Endowment for the Arts insofar as practicable, with existing

Federal programs and with those undertaken by other public agencies

or private groups, and shall develop the programs of the Endowment

with due regard to the contribution to the objectives of this

subchapter which can be made by other Federal agencies under

existing programs. The Chairperson may enter into interagency

agreements to promote or assist with the arts-related activities of

other Federal agencies, on a reimbursable or nonreimbursable basis,

and may use funds authorized to be appropriated for the purposes of

subsection (c) of this section for the costs of such activities.

(p) Program of contracts or grants-in-aid to public agencies and

private nonprofit organizations; limitation on payments;

authority of Chairperson

(1) The Chairperson of the National Endowment for the Arts, with

the advice of the National Council on the Arts, is authorized, in

accordance with the provisions of this subsection, to establish and

carry out a program of contracts with, or grants-in-aid to, public

agencies and private nonprofit organizations, on a national, State,

or local level, for the purpose of strengthening quality by -

(A) enabling cultural organizations and institutions to

increase the levels of continuing support and to increase the

range of contributors to the programs of such organizations or

institutions;

(B) providing administrative and management improvements for

cultural organizations and institutions, particularly in the

field of long-range financial planning;

(C) enabling cultural organizations and institutions to

increase audience participation in, and appreciation of, programs

sponsored by such organizations and institutions;

(D) providing additional support for cooperative efforts

undertaken by State arts agencies with local arts groups and

local arts agencies to promote effective arts activity at the

State and local level, including -

(i) support of professional artists in community based

residencies;

(ii) support of rural arts development;

(iii) support of and models for regional, statewide, or local

organizations to provide technical assistance to cultural

organizations and institutions;

(iv) support of and models for visual and performing arts

touring; and

(v) support of and models for professional staffing of arts

organizations and for stabilizing and broadening the financial

base for arts organizations;

(E) stimulating greater cooperation among cultural

organizations and institutions especially designed to serve

better the communities in which such organizations or

institutions are located;

(F) fostering greater citizen involvement in planning the

cultural development of a community; and

(G) stimulating artistic activity and awareness which are in

keeping with the varied cultural traditions of this Nation.

(2)(A) The Chairperson of the National Endowment for the Arts,

with the advice of the National Council on the Arts, is authorized

in accordance with this subsection, to establish and carry out a

program of contracts with, or grants to, States for the purposes of

-

(i) raising the artistic capabilities of developing arts

organizations by providing for -

(I) artistic and programmatic development to enhance artistic

capabilities, including staff development; and

(II) technical assistance to improve managerial and

organizational skills, financial systems management, and

long-range fiscal planning; and

(ii) stimulating artistic activity and awareness and broadening

public access to the arts in rural and innercity areas and other

areas that are underserved artistically.

(B) For purposes of providing financial assistance under this

paragraph, the Chairperson shall give priority to the activities

described in subparagraph (A)(i).

(C) The Chairperson may not provide financial assistance under

this paragraph to a particular applicant in more than 3 fiscal

years for the purpose specified in subparagraph (A)(i).

(3) The total amount of any payment made under this subsection

for a program or project may not exceed 50 per centum of the cost

of such program or project.

(4) In carrying out the program authorized by this subsection,

the Chairperson of the National Endowment for the Arts shall have

the same authority as is established in subsection (c) of this

section and section 959 of this title.

(q) National information and data collection system on the arts,

artists and art groups, and audiences; development and

implementation plan; state of the arts reports

The Chairperson of the National Endowment for the Arts shall, in

ongoing consultation with State and local agencies, relevant

organizations, and relevant Federal agencies, continue to develop

and implement a practical system of national information and data

collection and public dissemination on the arts, artists and arts

groups, and their audiences. Such system shall include artistic

and financial trends in the various artistic fields, trends in

audience participation, and trends in arts education on national,

regional, and State levels. Such system shall also include

information regarding the availability of the arts to various

audience segments, including rural communities. Such system shall

be used, along with a summary of the data submitted with State

plans under subsection (g) of this section, to prepare a periodic

report on the state of the arts in the Nation. The state of the

arts report shall include a description of the availability of the

Endowment's programs to emerging, rural, and culturally diverse

artists, arts organizations, and communities and of the

participation by such artists, organizations, and communities in

such programs. The state of the arts report shall be submitted to

the President and the Congress, and provided to the States, not

later than October 1, 1992, and quadrennially thereafter.

-SOURCE-

(Pub. L. 89-209, Sec. 5, Sept. 29, 1965, 79 Stat. 846; Pub. L.

90-83, Sec. 10(b), Sept. 11, 1967, 81 Stat. 223; Pub. L. 90-348,

Sec. 2, 3, June 18, 1968, 82 Stat. 185; Pub. L. 91-346, Sec. 4,

5(a)(1), (2), 6, 7, July 20, 1970, 84 Stat. 443, 445; Pub. L.

93-133, Sec. 2(a)(3), (4), Oct. 19, 1973, 87 Stat. 462; Pub. L.

94-462, title I, Sec. 101, 102, title III, Sec. 301(a), title IV,

Sec. 401(a), Oct. 8, 1976, 90 Stat. 1971, 1978, 1980; Pub. L.

96-496, title I, Sec. 102, 109(a), (b), Dec. 4, 1980, 94 Stat.

2583, 2591; renumbered title I, Sec. 5, Pub. L. 98-306, Sec. 2, May

31, 1984, 98 Stat. 223; renumbered Sec. 5 and amended Pub. L.

99-194, title I, Sec. 101(1), 105, Dec. 20, 1985, 99 Stat. 1332,

1333; Pub. L. 101-512, title III, Sec. 318 (title I, Sec.

103(a)-(i)(1), 104), Nov. 5, 1990, 104 Stat. 1960, 1963-1966.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this subsection, referred to in subsec.

(l)(3)(A), is October 1, 1990, see section 318 (title IV, Sec.

403(a)) of Pub. L. 101-512, set out as an Effective Date of 1990

Amendment note under section 951 of this title.

Reorganization Plan Numbered 14 of 1950, referred to in subsec.

(n), is set out in the Appendix to Title 5, Government Organization

and Employees.

-COD-

CODIFICATION

In subsec. (n), ''sections 3141-3144, 3146, and 3147 of title

40'' substituted for ''the Davis-Bacon Act, as amended (40 U.S.C.

276a - 276a-5)'' and ''section 3145 of title 40'' substituted for

''section 2 of the Act of June 13, 1934, as amended (40 U.S.C.

276c)'' on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,

116 Stat. 1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

-MISC3-

AMENDMENTS

1990 - Subsec. (c). Pub. L. 101-512, Sec. 318 (title I, Sec.

103(a)(7)), substituted ''paragraph (10)'' for ''clause (8)'' in

concluding provisions.

Subsec. (c)(1). Pub. L. 101-512, Sec. 318 (title I, Sec.

103(a)(1)), amended par. (1) generally. Prior to amendment, par.

(1) read as follows: ''projects and productions which have

substantial artistic and cultural significance, giving emphasis to

American creativity and cultural diversity and the maintenance and

encouragement of professional excellence;''.

Subsec. (c)(2). Pub. L. 101-512, Sec. 318 (title I, Sec.

103(a)(2)), inserted ''or tradition'' after ''authenticity''.

Subsec. (c)(5). Pub. L. 101-512, Sec. 318 (title I, Sec.

103(a)(3)), inserted ''education,'' after ''knowledge,''.

Subsec. (c)(8) to (10). Pub. L. 101-512, Sec. 318 (title I, Sec.

103(a)(4)-(6)), added pars. (8) and (9) and redesignated former

par. (8) as (10).

Subsec. (d). Pub. L. 101-512, Sec. 318 (title I, Sec. 103(b)),

amended subsec. (d) generally. Prior to amendment, subsec. (d)

read as follows: ''No payment may be made to any group under this

section except upon application therefor which is submitted to the

National Endowment for the Arts in accordance with regulations and

procedures established by the Chairperson.''

Subsec. (f). Pub. L. 101-512, Sec. 318 (title I, Sec. 103(c)),

substituted ''Internal Revenue Code of 1986'' for ''Internal

Revenue Code of 1954'', which for purposes of codification was

translated as ''title 26'' thus requiring no change in text.

Subsec. (g)(2)(E)(i), (ii). Pub. L. 101-512, Sec. 318 (title I,

Sec. 103(d)), added cls. (i) and (ii) and struck out former cls.

(i) and (ii) which read as follows:

''(i) a description of the level of participation during the

previous 2 years by artists, artists' organizations, and arts

organizations in projects and productions for which financial

assistance is provided under this subsection;

''(ii) a description of the extent to which projects and

productions receiving financial assistance under this subsection

are available to all people and communities in the State; and''.

Subsecs. (i) to (k). Pub. L. 101-512, Sec. 318 (title I, Sec.

103(g)(2)), added subsecs. (i) to (k), and redesignated former

subsecs. (i) to (k) as (l) to (n), respectively.

Subsec. (l). Pub. L. 101-512, Sec. 318 (title I, Sec. 103(h)(2)),

added subsec. (l). Former subsec. (l), redesignated (m).

Pub. L. 101-512, Sec. 318 (title I, Sec. 103(g)(1)), redesignated

subsec. (i) as (l). Former subsec. (l) redesignated (o).

Subsec. (m). Pub. L. 101-512, Sec. 318 (title I, Sec. 103(i)(1)),

substituted ''subsection (n)'' for ''subsection (j)''.

Pub. L. 101-512, Sec. 318 (title I, Sec. 103(h)(1)), redesignated

subsec. (l) as (m). Former subsec. (m) redesignated (n).

Pub. L. 101-512, Sec. 318 (title I, Sec. 103(g)(1)), redesignated

subsec. (j) as (m). Former subsec. (m) redesignated (p).

Subsecs. (n), (o). Pub. L. 101-512, Sec. 318 (title I, Sec.

103(h)(1)), redesignated subsecs. (m) and (n) as (n) and (o),

respectively. Former subsecs. (n) and (o) redesignated (o) and

(p), respectively.

Pub. L. 101-512, Sec. 318 (title I, Sec. 103(g)(1)), redesignated

subsecs. (k) and (l) as (n) and (o), respectively.

Subsec. (p). Pub. L. 101-512, Sec. 318 (title I, Sec. 103(h)(1)),

redesignated subsec. (o) as (p). Former subsec. (p) redesignated

(q).

Pub. L. 101-512, Sec. 318 (title I, Sec. 103(g)(1)), redesignated

subsec. (m) as (p).

Subsec. (p)(1)(G). Pub. L. 101-512, Sec. 318 (title I, Sec.

103(e)), added subpar. (G).

Subsec. (p)(2) to (4). Pub. L. 101-512, Sec. 318 (title I, Sec.

104), added par. (2), redesignated former pars. (2) and (3) as (3)

and (4), respectively, and in par. (4), substituted ''subsection

(c)'' for ''section 5(c)'', which for purposes of codification was

translated as ''subsection (c) of this section'' thus requiring no

change in text.

Subsec. (q). Pub. L. 101-512, Sec. 318 (title I, Sec. 103(h)(1)),

redesignated subsec. (p) as (q).

Pub. L. 101-512, Sec. 318 (title I, Sec. 103(f)), inserted

''ongoing'' after ''shall, in'', substituted ''continue to develop

and implement'' for ''develop'', inserted ''and public

dissemination'' after ''collection'', struck out ''Not later than

one year after December 20, 1985, the Chairperson shall submit to

the Committee on Education and Labor of the House of

Representatives and the Committee on Labor and Human Resources of

the Senate a plan for the development and implementation of such

system, including a recommendation regarding the need for any

additional funds to be appropriated to develop and implement such

system.'' after ''including rural communities.'', and substituted

''1992, and quadrennially'' for ''1988, and biennially''.

1985 - Subsec. (b)(1). Pub. L. 99-194, Sec. 105(1), (6),

substituted ''chairperson'' for ''chairman'' and ''Chairperson''

for ''Chairman''.

Subsec. (b)(2). Pub. L. 99-194, Sec. 105(6), (7), substituted

''Chairperson'' for ''Chairman'' wherever appearing and ''the

Chairperson's'' for ''his'' in two places.

Subsec. (c). Pub. L. 99-194, Sec. 105(2)(C), (D), (6),

substituted ''Chairperson'' for ''Chairman'' in provisions

preceding par. (1), and in provisions following cl. (8) substituted

''Chairperson'' for ''Chairman'' wherever appearing and ''clause

(8)'' for ''clause (5)'', and inserted ''In selecting individuals

and groups of exceptional talent as recipients of financial

assistance to be provided under this subsection, the Chairperson

shall give particular regard to artists and artistic groups that

have traditionally been underrepresented''.

Subsec. (c)(4) to (8). Pub. L. 99-194, Sec. 105(2)(A), (B), added

cls. (4) and (5) and redesignated former cls. (4) to (6) as (6) to

(8), respectively.

Subsec. (d). Pub. L. 99-194, Sec. 105(6), substituted

''Chairperson'' for ''Chairman''.

Subsec. (g). Pub. L. 99-194, Sec. 105(3), (6), substituted

''Chairperson'' for ''Chairman'' wherever appearing, and in par.

(2) struck out ''and'' at end of cl. (B), substituted '', including

a description of the progress made toward achieving the goals of

the State plan;'' for the period at end of cl. (C), and added cls.

(D) and (E).

Subsec. (h). Pub. L. 99-194, Sec. 105(6), substituted

''Chairperson'' for ''Chairman'' wherever appearing.

Subsec. (i). Pub. L. 99-194, Sec. 105(4), substituted ''Secretary

of Labor may deem'' for ''he may deem'' in last sentence.

Subsec. (k). Pub. L. 99-194, Sec. 105(6), substituted

''Chairperson'' for ''Chairman'' wherever appearing.

Subsec. (l)(1). Pub. L. 99-194, Sec. 105(6), substituted

''Chairperson'' for ''Chairman'' in provisions preceding subpar.

(A).

Subsec. (l)(1)(D). Pub. L. 99-194, Sec. 105(5), inserted ''and

local arts agencies'' after ''local arts groups'', designated

existing provisions as cl. (i), and added cls. (ii) to (v).

Subsec. (l)(3). Pub. L. 99-194, Sec. 105(6), substituted

''Chairperson'' for ''Chairman''.

Subsec. (m). Pub. L. 99-194, Sec. 105(8), added subsec. (m).

1980 - Subsec. (c). Pub. L. 96-496, Sec. 102(a), 109(a), inserted

''or loans'' in provisions preceding cl. (1) and ''and cultural

diversity'' in cl. (1), redesignated cl. (5) as (6), added cl. (5),

substituted ''Committee on Labor and Human Resources'' for

''Committee on Labor and Public Welfare'' in provisions following

cl. (6), and provided that any loans made by the Chairman under

subsec. (c) were to be made in accordance with terms and conditions

approved by the Secretary of the Treasury.

Subsec. (g)(2)(A). Pub. L. 96-496, Sec. 102(b)(1), struck out

provision that the Recreation Board, or any successor designated

for purposes of this subchapter by the Commissioner of the District

of Columbia, was to be considered the ''State agency'' within the

District of Columbia.

Subsec. (g)(4)(A). Pub. L. 96-496, Sec. 109(b), substituted

''such projects'' for ''such project''.

Subsec. (g)(4)(E). Pub. L. 96-496, Sec. 102(b)(2), added subpar.

(E).

Subsec. (k). Pub. L. 96-496, Sec. 102(c), authorized the Chairman

to enter into interagency agreements to promote or assist the

arts-related activities of other Federal agencies, on a

reimbursable or nonreimbursable basis, and to use funds authorized

to be appropriated for the purposes of subsec. (c) of this section

for the costs of such activities.

Subsec. (l). Pub. L. 96-496, Sec. 102(d), inserted '', on a

national, State, or local level,'' and ''strengthening quality by''

in provisions of par. (1) preceding subpar. (A), redesignated

subpars. (D) and (E) as (E) and (F), respectively, and added

subpar. (D).

Subsec. (m). Pub. L. 96-496, Sec. 102(e), struck out subsec. (m)

which related to grants or contracts to State arts agencies for

photography and film projects.

1976 - Subsec. (c). Pub. L. 94-462, Sec. 101, struck out in

provisions preceding par. (1) ''in the United States'' after

''provide or support''.

Subsec. (g)(4)(A). Pub. L. 94-462, Sec. 102, inserted provision

that amount of each allotment to a State for any fiscal year shall

be available to each State which has a plan approved by the

Chairman to pay not more than 50 percent of total cost of any

project or production described in subsec. (g)(1).

Subsec. (l). Pub. L. 94-462, Sec. 301(a), added subsec. (l).

Subsec. (m). Pub. L. 94-462, Sec. 401(a), added subsec. (m).

1973 - Subsec. (c). Pub. L. 93-133, Sec. 3, in opening paragraph,

struck out reference to Federal Council on the Arts and Humanities,

in cl. (1), substituted ''projects and productions'' for

''production'', in cl. (2), substituted ''projects and

productions'' and ''for geographic or economic reasons'' for

''production'' and ''in many areas of the country'' respectively,

in cl. (3), substituted ''projects and productions'' for

''projects'', in cl. (5), substituted '', planning, and

publications relating to the purposes of this subsection'' for

''and planning in the arts'', and added paragraph following cl.

(5).

Subsec. (g)(1). Pub. L. 93-133, Sec. 2(a)(4)(A), struck out

reference to Federal Council on the Arts and Humanities.

Subsec. (g)(2). Pub. L. 93-133, Sec. 2(a)(4)(B), (C), in

provisions preceding cl. (A), substituted ''assistance under this

subsection'' and ''at such time as shall be specified by the

Chairman'' for ''such assistance'' and ''prior to the first day of

such fiscal year'' respectively, and in cl. (B), struck out

exception that in the first fiscal year in which the state was

allotted funds after Sept. 29, 1965, the plan may provide that

amount not exceeding $25,000 will be expended to conduct a study to

plan the development and the establishment of a State agency.

Subsec. (g)(3). Pub. L. 93-133, Sec. 2(a)(4)(D), added par. (3)

and struck out former par. (3) which read as follows: ''From the

sums appropriated to carry out the purposes of this subsection for

any fiscal year, not less than $65,000 shall be allotted to each

State. That part of such sums as may remain after such allotment

shall be allotted among the States in equal amounts, except that

for the purposes of this sentence the term 'State' shall not

include Guam and American Samoa. If the sums appropriated for any

fiscal year to carry out the purposes of this subsection are

insufficient to satisfy allotments under the first sentence of this

paragraph, such sums shall be allotted among the States in equal

amounts.''

Subsec. (g)(4). Pub. L. 93-133, Sec. 2(a)(4)(D), added par. (4)

and struck out former par. (4) which read as follows: ''The amount

of each allotment to a State for any fiscal year under this

subsection shall be available to each State, which has a plan

approved by the Chairman in effect on the first day of such fiscal

year, to pay not more than 50 per centum of the total cost of any

project or production described in paragraph (1), and to pay up to

100 per centum of the cost of conducting a study and establishing a

State agency under paragraph (2)(B) of this subsection.''

Subsec. (g)(5). Pub. L. 93-133, Sec. 2(a)(4)(E), substituted

''All amounts allotted or made available'' for ''All amounts

allotted''.

1970 - Subsec. (b). Pub. L. 91-346, Sec. 5(a)(1), designated

existing provisions as cl. (1), and, in cl. (1) as so designated,

provided for appointment of the Chairman of the National Endowment

for the Arts by the President with the advice and consent of the

Senate, and added cl. (2).

Subsec. (c)(3). Pub. L. 91-346, Sec. 4, expanded grants-in-aid

program to enable talented groups or individuals to achieve wider

distribution of their works and to work in residence at an

educational or cultural institution.

Subsecs. (d) to (l). Pub. L. 91-346, Sec. 5(a)(2), struck out

subsec. (d) which provided for the individual appointed as Chairman

of the National Council on the Arts to also serve as the Chairman

of the National Endowment for the Arts, and redesignated subsecs.

(e) to (l), and all references thereto, as subsecs. (d) to (k),

respectively.

Subsec. (g)(2)(A). Pub. L. 91-346, Sec. 6, permitted the

Commissioner of the District of Columbia to designate a successor

to the Recreation Board for the purpose of this chapter.

Subsec. (g)(3). Pub. L. 91-346, Sec. 7, provided minimum of

$65,000 allotment to each State from sums appropriated for this

subsec., authorized remaining funds to be equally allotted among

the States, excluded Guam and American Samoa from term ''State'',

and provided for equal allotments to States if the sums

appropriated are insufficient to satisfy the minimum allotment.

1968 - Subsec. (c). Pub. L. 90-348, Sec. 2(a), authorized

contracts with groups, or in appropriate cases, individuals engaged

in the arts, for the purpose of enabling them to provide or support

programs and productions in the arts.

Subsec. (f). Pub. L. 90-348, Sec. 2(a), provided that contracts

as well as grants made by the National Endowment for the Arts be

subject to the amount limitation, and eliminated the provision

requiring that groups seeking funds from the National Endowment for

the Arts submit evidence to the Endowment that it had attempted

unsuccessfully to secure an amount of funds equal to the grant

applied for by such group, together with a statement of the

proportion which any funds it had secured represent the funds

applied for by such group.

Subsec. (h)(3). Pub. L. 90-348, Sec. 3, substituted ''Funds

appropriated to carry out the purpose of this subsection'' for

''The funds appropriated pursuant to section 960(c) of this

title''.

Subsec. (h)(5). Pub. L. 90-348, Sec. 3, struck out provision that

amounts available to the National Endowment for the Arts at the end

of the fiscal year shall be limited to the excess of the value of

gifts, bequests, and devises received by the Endowment over the

amounts appropriated to the Endowment, the appropriated amounts to

be equal to the amounts received by the Endowment in the form of

donations, bequests, and devises, but not to exceed $2,250,000.

Subsecs. (j), (k). Pub. L. 90-348, Sec. 2(b), inserted ''of

exceptional talent'' after ''the group or individual''.

1967 - Subsec. (d). Pub. L. 90-83 struck out provisions setting

the compensation for the Chairman of the National Council on the

Arts and the National Endowment for the Arts.

-CHANGE-

CHANGE OF NAME

Committee on Education and Labor of House of Representatives

treated as referring to Committee on Economic and Educational

Opportunities of House of Representatives by section 1(a) of Pub.

L. 104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Economic and Educational Opportunities of

House of Representatives changed to Committee on Education and the

Workforce of House of Representatives by House Resolution No. 5,

One Hundred Fifth Congress, Jan. 7, 1997.

-MISC4-

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section

318 (title IV, Sec. 403(a)) of Pub. L. 101-512, set out as a note

under section 951 of this title.

APPLICABILITY OF 1985 AMENDMENT

Section 112 of Pub. L. 99-194 provided that: ''The amendments

made by sections 105(3) and 107(3) (amending this section and

section 956 of this title) shall not apply with respect to plans

submitted for financial assistance to be provided with funds

appropriated for fiscal year 1986.''

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-133 effective on and after July 1, 1973,

see section 2(b) of Pub. L. 93-133, set out as a note under section

951 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by section 5(a)(1), (2) of Pub. L. 91-346 effective

after June 30, 1970, see section 5(d)(3)(A) of Pub. L. 91-346, set

out as a note under section 955 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(q) of this section relating to quadrennially submitting the state

of the arts report to Congress, see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance, and page 183 of House Document No. 103-7.

GAO STUDY REGARDING FEDERAL, STATE, AND LOCAL FUNDING OF THE ARTS

Section 318 (title I, Sec. 111) of Pub. L. 101-512 provided that:

''(a) Study Required. - The Comptroller General of the United

States shall conduct a study -

''(1) to evaluate the roles and responsibilities of the

National Endowment for the Arts, the States (including State

agencies), and local arts agencies, in providing financial

assistance under section 5 of the National Foundation on the Arts

and the Humanities Act of 1965 (20 U.S.C. 954),

''(2) the relative effectiveness of the Endowment, the States

(including State agencies), and local arts agencies in maximizing

the amount of financial assistance they make available under such

section, and

''(3) the existing capacity of the States to receive increased

allocations under section 5 of such Act and the ability of the

States to manage such increased allocations effectively.

''(b) Report Required. - Not later than October 1, 1992, the

Comptroller General shall submit, to the Speaker of the House of

Representatives and the President pro tempore of the Senate, a

report summarizing the results of the study conducted under

subsection (a).''

TEMPORARY INDEPENDENT COMMISSION TO REVIEW GRANT MAKING PROCEDURES

AND CONSIDER STANDARDS FOR PUBLICLY FUNDED ART

Pub. L. 101-121, title III, Sec. 304(a)-(c), Oct. 23, 1989, 103

Stat. 741, 742, prohibited use of funds for National Endowment for

the Arts or National Endowment for the Humanities to promote,

disseminate, or produce materials which in judgment of National

Endowment for the Arts or National Endowment for the Humanities may

be considered obscene; stated the sense of Congress concerning

present procedures employed for awarding National Endowment for the

Arts grants; and established Independent Commission, to expire

Sept. 30, 1990, for purpose of reviewing National Endowment for the

Arts grant making procedures, and considering whether standard for

publicly funded art should be different than standard for privately

funded art.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 952, 955, 959, 960 of

this title.

-CITE-

20 USC Sec. 954a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

-HEAD-

Sec. 954a. Access to the arts through support of education

-STATUTE-

(a) Purposes

The purposes of this section are -

(1) to increase accessibility to the arts through providing

education to all Americans, including diverse cultures, urban and

rural populations by encouraging and developing quality education

in the arts at all levels, in conjunction with programs of

nonformal education for all age groups, with formal systems of

elementary, secondary, and postsecondary education;

(2) to develop and stimulate research to teach quality

education in the arts; and

(3) to encourage and facilitate the work of artists, arts

institutions, and Federal, State, regional, and local agencies in

the area of education in the arts.

(b) Program of contracts or grants

The Chairperson of the National Endowment for the Arts, (FOOTNOTE

1) is authorized to establish and carry out a program of contracts

with, or grants to, any State or other public agency, individual,

artist, any nonprofit society, performing and nonperforming arts

and educational institution or organization, association, or museum

in the United States, in order to foster and encourage exceptional

talent, public knowledge, understanding, and appreciation of the

arts, and to support the education, training, and development of

this Nation's artists, through such activities as projects that

will -

(FOOTNOTE 1) So in original. The comma probably should not

appear.

(1) promote and improve the availability of arts instruction

for American youth and life-long learning in the arts;

(2) enhance the quality of arts instruction in programs of

teacher education;

(3) develop arts faculty resources and talents;

(4) support and encourage the development of improved

curriculum materials in the arts;

(5) improve evaluation and assessment of education in the arts

programs and instruction;

(6) foster cooperative programs with the Department of

Education and encourage partnerships between arts and education

agencies at State and local levels, arts organizations, business

colleges and universities;

(7) support apprenticeships, internships, and other career

oriented work-study experiences for artists and arts teachers,

and encourage residencies of artists at all educational levels;

(8) support the use of technology and improved facilities and

resources in education in the arts programs at all levels; and

(9) foster the development of demonstration projects,

demonstration productions, demonstration workshops, and

demonstration programs in arts education and collect, and make

available to the public, information on their implementation and

effectiveness.

(c) Advisory council on arts education

In order to provide advice and counsel concerning arts education,

the Chairperson shall appoint an advisory council on arts

education.

-SOURCE-

(Pub. L. 89-209, Sec. 5A, as added Pub. L. 101-512, title III, Sec.

318 (title I, Sec. 105), Nov. 5, 1990, 104 Stat. 1960, 1967.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1990, see section 318 (title IV, Sec.

403(a)) of Pub. L. 101-512, set out as an Effective Date of 1990

Amendment note under section 951 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 960 of this title.

-CITE-

20 USC Sec. 955 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

-HEAD-

Sec. 955. National Council on the Arts

-STATUTE-

(a) Inclusion within the National Endowment for the Arts

There shall be, within the National Endowment for the Arts, a

National Council on the Arts (hereinafter in this section referred

to as the ''Council'').

(b) Appointment and composition of Council

(1) The Council shall be composed of members as follows:

(A) The Chairperson of the National Endowment for the Arts, who

shall be the chairperson of the Council.

(B) Members of Congress appointed for a 2-year term beginning

on January 1 of each odd-numbered year as follows:

(i) Two Members of the House of Representatives appointed by

the Speaker of the House of Representatives.

(ii) One Member of the House of Representatives appointed by

the Minority Leader of the House of Representatives.

(iii) Two Senator (FOOTNOTE 1) appointed by the Majority

Leader of the Senate.

(FOOTNOTE 1) So in original. Probably should be ''Senators''.

(iv) One Senator appointed by the Minority Leader of the

Senate.

Members of the Council appointed under this subparagraph shall

serve ex officio and shall be nonvoting members of the Council.

(C) 14 members appointed by the President, by and with the

advice and consent of the Senate, who shall be selected -

(i) from among private citizens of the United States who -

(I) are widely recognized for their broad knowledge of, or

expertise in, or for their profound interest in the arts; and

(II) have established records of distinguished service, or

achieved eminence, in the arts;

(ii) so as to include practicing artists, civic cultural

leaders, members of the museum profession, and others who are

professionally engaged in the arts; and

(iii) so as collectively to provide an appropriate

distribution of membership among major art fields and

interested citizens groups.

In making such appointments, the President shall give due regard to

equitable representation of women, minorities, and individuals with

disabilities who are involved in the arts and shall make such

appointments so as to represent equitably all geographical areas in

the United States.

(2) Transition to the new council composition. -

(A) Notwithstanding subsection (b)(1)(B) of this section,

members first appointed pursuant to such subsection shall be

appointed not later than December 31, 1997. Notwithstanding such

subsection, such members shall be appointed to serve until

December 31, 1998.

(B) Members of the Council serving on the effective date of

this subsection may continue to serve on the Council until their

current terms expire and new members shall not be appointed under

subsection (b)(1)(C) of this section until the number of

Presidentially appointed members is less than 14.

(c) Terms of office; vacancies

Each member appointed under subsection (b)(1)(C) of this section

shall hold office for a term of six years, and the terms of office

shall be staggered. The terms of office of all Council members

appointed under subsection (b)(1)(C) of this section shall expire

on the third day of September in the year of expiration. No member

appointed under subsection (b)(1)(C) of this section shall be

eligible for reappointment during the two-year period following the

expiration of such member's term. Any member appointed under

subsection (b)(1)(C) of this section appointed (FOOTNOTE 2) to fill

a vacancy shall serve for the remainder of the term for which such

member's predecessor was appointed. Notwithstanding any other

provision of this subsection, a member appointed under subsection

(b)(1)(C) of this section shall serve after the expiration of such

member's term until such member's successor takes office.

(FOOTNOTE 2) So in original.

(d) Meetings of Council; quorum; written records

(1) The Council shall meet at the call of the Chairperson but not

less often than twice during each calendar year. Eight members of

the Council shall constitute a quorum. All policy meetings of the

Council shall be open to the public.

(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.

(e) Compensation of members

Members shall receive compensation at a rate to be fixed by the

Chairperson but not to exceed the per diem equivalent of the rate

authorized for grade GS-18 by section 5332 of title 5 and be

allowed travel expenses including per diem in lieu of subsistence,

as authorized by law (section 5703 of title 5) for persons in the

Government service employed intermittently.

(f) Advisory functions; policies, programs, and procedures;

recommendations; authority of Chairperson; action by

Chairperson pursuant to delegation of authority

The Council shall advise the Chairperson with respect to

policies, programs, and procedures for carrying out the

Chairperson's functions, duties, or responsibilities under this

subchapter, and review applications for financial assistance under

this subchapter and make recommendations to the Chairperson with

respect to the approval of each application and the amount of

financial assistance (if any) to provide to each applicant. 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 954 of this

title that are determined by panels under section 959(c) of this

title 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.

The Chairperson shall not approve or disapprove any such

application until the Chairperson has received the recommendation

of the Council on such application. 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. In the case of an application involving $30,000,

or less, the Chairperson may approve or disapprove such request if

such action is taken pursuant to the terms of an expressed and

direct delegation of authority from the Council to the Chairperson,

and provided that each such action by the Chairperson shall be

reviewed by the Council, and that such action shall be used with

discretion and shall not become a normal practice of providing

assistance under such subsections, except that the terms of any

such delegation of authority shall not permit obligations for

expenditure of funds under such delegation for any fiscal year

which exceed an amount equal to 10 per centum of the sums

appropriated for that fiscal year pursuant to subparagraph (A) of

paragraph (1) of section 960(a) of this title.

-SOURCE-

(Pub. L. 89-209, Sec. 6, Sept. 29, 1965, 79 Stat. 849; Pub. L.

90-348, Sec. 4, June 18, 1968, 82 Stat. 185; Pub. L. 91-346, Sec.

5(b), July 20, 1970, 84 Stat. 444; Pub. L. 93-133, Sec. 2(a)(5),

Oct. 19, 1973, 87 Stat. 463; Pub. L. 94-462, title I, Sec. 103(a),

Oct. 8, 1976, 90 Stat. 1971; Pub. L. 96-496, title I, Sec. 103,

Dec. 4, 1980, 94 Stat. 2584; renumbered title I, Sec. 6, and

amended Pub. L. 98-306, Sec. 2, 5(a), May 31, 1984, 98 Stat. 223,

224; renumbered Sec. 6 and amended Pub. L. 99-194, title I, Sec.

101(1), 106, Dec. 20, 1985, 99 Stat. 1332, 1335; Pub. L. 101-512,

title III, Sec. 318 (title I, Sec. 106), Nov. 5, 1990, 104 Stat.

1960, 1968; Pub. L. 105-83, title III, Sec. 346(e), (f), Nov. 14,

1997, 111 Stat. 1605, 1606; Pub. L. 105-119, title VI, Sec. 624,

Nov. 26, 1997, 111 Stat. 2522; Pub. L. 105-277, div. A, Sec.

101(e) (title III, Sec. 330), Oct. 21, 1998, 112 Stat. 2681-231,

2681-293.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this subsection, referred to in subsec.

(b)(2)(B), probably means Nov. 14, 1997, the date of enactment of

Pub. L. 105-83 which amended subsec. (b) of this section generally.

-MISC2-

AMENDMENTS

1998 - Subsec. (b)(1)(B)(iii). Pub. L. 105-277 substituted

''Two'' for ''One''.

1997 - Subsec. (b). Pub. L. 105-83, Sec. 346(e), inserted heading

and amended text of subsec. (b) generally. Prior to amendment,

text read as follows: ''The Council shall be composed of the

Chairperson of the National Endowment for the Arts, who shall be

Chairperson of the Council, and twenty-six other members appointed

by the President, by and with the advice and consent of the Senate,

who shall be selected -

''(1) from among private citizens of the United States who (A)

are widely recognized for their broad knowledge of, or expertise

in, or for their profound interest in, the arts and (B) have

established records of distinguished service, or achieved

eminence, in the arts;

''(2) so as to include practicing artists, civic cultural

leaders, members of the museum profession, and others who are

professionally engaged in the arts; and

''(3) so as collectively to provide an appropriate distribution

of membership among the major art fields.

The President is requested, in the making of such appointments, to

give consideration to such recommendations as may, from time to

time, be submitted to the President by leading national

organizations in these fields. In making such appointments, the

President shall give due regard to equitable representation of

women, minorities, and individuals with disabilities who are

involved in the arts. Members of the Council shall be appointed so

as to represent equitably all geographical areas in the United

States.''

Subsec. (c). Pub. L. 105-83, Sec. 346(f), inserted ''appointed

under subsection (b)(1)(C) of this section'' after ''member''

wherever appearing and after ''all Council members'' in second

sentence.

Subsec. (d)(1). Pub. L. 105-119, which directed the substitution

of ''eight'' for ''fourteen'', was executed by substituting

''Eight'' for ''Fourteen'' to reflect the probable intent of

Congress.

1990 - Subsec. (b). Pub. L. 101-512, Sec. 318 (title I, Sec.

106(a)), inserted at end ''Members of the Council shall be

appointed so as to represent equitably all geographical areas in

the United States.''

Subsec. (d). Pub. L. 101-512, Sec. 318 (title I, Sec. 106(b)),

designated existing text as par. (1), inserted at end ''All policy

meetings of the Council shall be open to the public.'', and added

par. (2).

Subsec. (f). Pub. L. 101-512, Sec. 318 (title I, Sec. 106(c)),

struck out ''(1)'' and ''(2)'' before ''advise the Chairperson''

and ''review applications for'', respectively, struck out

''thereon'' before ''to the Chairperson'', inserted before period

at end of first sentence ''with respect to the approval of each

application and the amount of financial assistance (if any) to

provide to each applicant'', struck out '', unless the Council

fails to make a recommendation thereon within a reasonable time''

after ''on such application'', substituted ''an expressed and

direct delegation'' for ''a delegation'' and '', and that such

action shall be used with discretion and shall not become a normal

practice of providing assistance under such subsections, except

that'' for ''; Provided, That'', inserted ''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 inserted ''The Council shall make

recommendations to the Chairperson concerning - '' and added pars.

(1) and (2) immediately thereafter.

1985 - Subsec. (b). Pub. L. 99-194, Sec. 106(1), substituted

''Chairperson'' for ''Chairman'' in two places in provisions

preceding par. (1), in par. (1) designated existing provisions

following ''who'' as cl. (A) and added cl. (B), and in provisions

following par. (3) substituted ''the President'' for ''him'' and

inserted ''In making such appointments, the President shall give

due regard to equitable representation of women, minorities, and

individuals with disabilities who are involved in the arts.''

Subsec. (c). Pub. L. 99-194, Sec. 106(2), substituted ''such

member's'' for ''his'' wherever appearing.

Subsecs. (d), (e). Pub. L. 99-194, Sec. 106(3), (4), substituted

''Chairperson'' for ''Chairman''.

Subsec. (f). Pub. L. 99-194, Sec. 106(5), substituted

''Chairperson'' for ''Chairman'' wherever appearing, ''the

Chairperson's'' for ''his'', ''until the Chairperson has received''

for ''until he has received'', and ''$30,000'' for ''$17,500''.

1984 - Subsec. (c). Pub. L. 98-306, Sec. 5(a), inserted

''Notwithstanding any other provision of this subsection, a member

shall serve after the expiration of his term until his successor

takes office.''

1980 - Subsec. (c). Pub. L. 96-496 provided that the terms of

office of all Council members were to expire on the third day of

September in the year of expiration.

1976 - Subsec. (b). Pub. L. 94-462 inserted '', by and with the

advice and consent of the Senate,'' after ''by the President''.

1973 - Subsec. (f). Pub. L. 93-133 substituted ''$17,500'' for

''$10,000'' and inserted proviso that the terms of delegation of

authority shall not permit obligations for expenditure of funds

under such delegation for any fiscal year which exceed an amount

equal to 10 per centum of the sums appropriated for that fiscal

year.

1970 - Pub. L. 91-346 generally incorporated into this section

the substantive provisions of the National Arts and Cultural

Development Act of 1964 except for the independent study authority

of the National Council on the Arts under the 1964 Act, provided

for the appointment and composition of the Council, prescribed the

terms of office for members of the Council, provided that the

Council meet at the call of the Chairman at least twice a year,

established 14 as the number of members constituting a quorum, set

forth provisions governing compensation of persons employed for the

Government service on an intermittent basis, and set forth

functions and duties of the council essentially similar to the

function and duties of the Council as set out in this section prior

to this amendment.

1968 - Subsec. (b). Pub. L. 90-348 inserted provision which

authorized the Chairman, in the case of any application involving

$10,000 or less, to approve or disapprove the application if such

action is pursuant to the terms of a delegation of authority from

the Endowment Council and such action is reviewed by the Endowment

Council.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section

318 (title IV, Sec. 403(a)) of Pub. L. 101-512, set out as a note

under section 951 of this title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-133 effective on and after July 1, 1973,

see section 2(b) of Pub. L. 93-133, set out as a note under section

951 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Section 5(d)(3)(A) of Pub. L. 91-346 provided that: ''The

amendments made by subsections (a) and (b) (amending this section

and sections 954, 959, and 960 of this title) shall be effective

after June 30, 1970.''

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

CONTINUATION OF COUNCIL AS ESTABLISHED UNDER THE NATIONAL ARTS AND

CULTURAL DEVELOPMENT ACT OF 1964

Section 5(d)(1) of Pub. L. 91-346 provided that: ''The National

Council on the Arts established under section 6 of the National

Foundation on the Arts and the Humanities Act of 1965 (this

section), as amended by subsection (b), shall, for any purpose

determined to be necessary by the Chairman of the National

Endowment for the Arts, be deemed to be a continuation of the

National Council on the Arts established under the National Arts

and Cultural Development Act of 1964, Public Law 88-579 (former

section 781 et seq. of this title), without interruption.''

APPOINTEES TO COUNCIL UNDER NATIONAL ARTS AND CULTURAL DEVELOPMENT

ACT OF 1964 DEEMED APPOINTED UNDER 1965 ACT

Section 5(d)(2) of Pub. L. 91-346 provided that: ''Members

appointed to the National Council on the Arts pursuant to section 5

of the National Arts and Cultural Development Act of 1964 (section

784 of this title) shall be deemed to have been appointed as

members of the National Council on the Arts established under

section 6 of the National Foundation on the Arts and the Humanities

Act of 1965 (this section), with such terms of office as may be

remaining under the prior appointment on the effective date of the

amendments made by subsection (b) (July 1, 1970).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 959 of this title.

-CITE-

20 USC Sec. 955a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

-HEAD-

Sec. 955a. Omitted

-COD-

CODIFICATION

Section, Pub. L. 98-146, title II, Nov. 4, 1983, 97 Stat. 949,

which provided that persons serving on National Council on the Arts

continue until their successors are qualified for office, was

omitted as superseded. See section 955(c) of this title as amended

by Pub. L. 98-306. Similar provisions were contained in Pub. L.

97-394, title II, Dec. 30, 1982, 96 Stat. 1994.

-CITE-

20 USC Sec. 955b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

-HEAD-

Sec. 955b. National Medal of Arts

-STATUTE-

(a) Establishment

There is hereby established a National Medal of Arts, which shall

be a medal of such design as is deemed appropriate by the

President, on the basis of recommendations submitted by the

National Council on the Arts, and which shall be awarded as

provided in subsection (b) of this section.

(b) Award of Medal; conditions; recipients; presentation ceremonies

(1) The President shall from time to time award the National

Medal of Arts, on the basis of recommendations from the National

Council on the Arts, to individuals or groups who in the

President's judgment are deserving of special recognition by reason

of their outstanding contributions to the excellence, growth,

support, and availability of the arts in the United States.

(2) Not more than twelve of such medals may be awarded in any

calendar year.

(3) An individual may be awarded the National Medal of Arts only

if at the time such award is made such individual -

(A) is a citizen or other national of the United States; or

(B) is an alien lawfully admitted to the United States for

permanent residence who (i) has filed an application or petition

for naturalization in the manner prescribed by section 1445 of

title 8 and (ii) is not permanently ineligible to become a

citizen of the United States.

(4) A group may be awarded the National Medal of Arts only if

such group is organized or incorporated in the United States.

(5) The presentation of the National Medal of Arts shall be made

by the President with such ceremonies as the President may deem

proper, including attendance by appropriate Members of Congress.

(c) Availability of funds

Funds made available to the National Endowment for the Arts shall

be used to carry out this section.

-SOURCE-

(Pub. L. 98-306, Sec. 13, May 31, 1984, 98 Stat. 225.)

-COD-

CODIFICATION

Section was enacted as part of the National Foundation on the

Arts and the Humanities Act Amendments of 1983, and not as part of

the National Foundation on the Arts and the Humanities Act of 1965

which comprises this subchapter.

-CITE-

20 USC Sec. 956 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

-HEAD-

Sec. 956. National Endowment for the Humanities

-STATUTE-

(a) Establishment

There is established within the Foundation the National Endowment

for the Humanities.

(b) Chairperson of the Endowment; appointment, term, reappointment;

vacancy; expiration of term

(1) The Endowment shall be headed by a chairperson, who shall be

appointed by the President, by and with the advice and consent of

the Senate.

(2) The term of office of the Chairperson shall be four years,

and the Chairperson shall be eligible for reappointment. The

provisions of this paragraph shall apply to any person appointed to

fill a vacancy in the office of the Chairperson. Upon expiration of

the Chairperson's term of office the Chairperson shall serve until

the Chairperson's successor shall have been appointed and shall

have qualified.

(c) Functions of the Endowment; publications; traditionally

underrepresented recipients of financial assistance

The Chairperson, with the advice of the National Council on the

Humanities (hereinafter established), is authorized to enter into

arrangements, including contracts, grants, loans, and other forms

of assistance, to -

(1) develop and encourage the pursuit of a national policy for

the promotion of progress and scholarship in the humanities;

(2) initiate and support research and programs to strengthen

the research and teaching potential of the United States in the

humanities by making arrangements with individuals or groups to

support such activities; any loans made by the Endowment shall be

made in accordance with terms and conditions approved by the

Secretary of the Treasury;

(3) initiate and support training and workshops in the

humanities by making arrangements with institutions or

individuals (fellowships awarded to individuals under this

authority may be for the purpose of study or research at

appropriate nonprofit institutions selected by the recipient of

such aid, for stated periods of time);

(4) initiate and support programs and research which have

substantial scholarly and cultural significance and that reach,

or reflect the diversity and richness of our American cultural

heritage, including the culture of, a minority, inner city,

rural, or tribal community;

(5) foster international programs and exchanges;

(6) foster the interchange of information in the humanities;

(7) foster, with groups, education in, and public understanding

and appreciation of the humanities;

(8) support the publication of scholarly works in the

humanities;

(9) insure that the benefit of its programs will also be

available to our citizens where such programs would otherwise be

unavailable due to geographic or economic reasons; and

(10) foster programs and projects that provide access to, and

preserve materials important to research, education, and public

understanding of, the humanities.

In the case of publications under clause (8) of this subsection

such publications may be supported without regard for the

provisions of section 501 of title 44 only if the Chairperson

consults with the Joint Committee on Printing of the Congress and

the Chairperson submits to the Committee on Labor and Human

Resources of the Senate and the Committee on Education and Labor of

the House of Representatives a report justifying any exemption from

such section 501. In selecting individuals and groups of

exceptional talent as recipients of financial assistance to be

provided under this subsection, the Chairperson shall give

particular regard to scholars, and educational and cultural

institutions, that have traditionally been underrepresented.

(d) Coordination and development of Endowment programs with other

Federal and non-Federal programs

The Chairperson shall coordinate the programs of the National

Endowment for the Humanities, insofar as practicable, with existing

Federal programs, designated State humanities agencies and with

those undertaken by other public agencies or private groups, and

shall develop the programs of the Endowment with due regard to the

contribution to the objectives of this subchapter which can be made

by other Federal agencies under existing programs.

(e) Limitation on amount of grant for workshop activities for which

an admission or other charge is made to the general public

The total amount of any grant under subsection (c)(3) of this

section to any group engaging in workshop activities for which an

admission or other charge is made to the general public shall not

exceed 30 per centum of the total cost of such activities.

(f) Grants-in-aid programs; designation of State administrative

agency; matching funds; applications and plans; allotments;

cost limitations; grants to regional groups; non-Federal

funding; definitions; suspension of grants; single entity

limitation

(1) The Chairperson, with the advice of the National Council on

the Humanities, is authorized, in accordance with the provisions of

this subsection, to establish and carry out a program of

grants-in-aid in each of the several States in order to support not

more than 50 per centum of the cost of existing activities which

meet the standards enumerated in subsection (c) of this section,

and in order to develop a program in the humanities in such a

manner as will furnish adequate programs in the humanities in each

of the several States.

(2)(A) Whenever a State desires to designate or to provide for

the establishment of a State agency as the sole agency for the

administration of the State plan, such State shall designate the

humanities council in existence on the date the State agency is

established as the State agency, and shall match from State funds a

sum equal to 50 per centum of that portion of Federal financial

assistance received by such State under this subsection which is

described in the first sentence of paragraph (4) relating to the

minimum State grant, or 25 per centum of the total amount of

Federal financial assistance received by such State under this

subsection, whichever is greater, for the fiscal year involved. In

any State in which the State selects the option described in this

subparagraph, the State shall submit, before the beginning of each

fiscal year, an application for grants and accompany such

application with a plan which the Chairperson finds -

(i) designates or provides for the establishment of a State

agency (hereinafter in this section referred to as the ''State

agency'') as the sole agency for the administration of the State

plan;

(ii) provides that the chief executive officer of the State

will appoint new members to the State humanities council

designated under the provisions of this subparagraph, as

vacancies occur as a result of the expiration of the terms of

members of such council, until the chief executive officer has

appointed all of the members of such council;

(iii) provides, from State funds, an amount equal to 50 per

centum of that portion of Federal financial assistance received

by such State under this subsection which is described in the

first sentence of paragraph (4) relating to the minimum State

grant, or 25 per centum of the total amount of Federal financial

assistance received by such State under this subsection,

whichever is greater, for the fiscal year involved;

(iv) provides that funds paid to the State under this

subsection will be expended solely on programs approved by the

State agency which carry out the objectives of subsection (c) of

this section and which are designed to bring the humanities to

the public;

(v) provides assurances that State funds will be newly

appropriated for the purpose of meeting the requirements of this

subparagraph;

(vi) provides that the State agency will make such reports, in

such form and containing such information, as the Chairperson may

require, including a description of the progress made toward

achieving the goals of the State plan;

(vii) provides -

(I) assurances that the State agency has held, after

reasonable notice, public meetings in the State to allow

scholars, interested organizations, and the public to present

views and make recommendations regarding the State plan; and

(II) a summary of such recommendations and of the response of

the State agency to such recommendations; and

(viii) contains -

(I) a description of the level of participation during the

most recent preceding year for which information is available

by scholars and scholarly organizations in programs receiving

financial assistance under this subsection;

(II) for the most recent preceding year for which information

is available, a description of the extent to which the programs

receiving financial assistance under this subsection are

available to all people and communities in the State; and

(III) a description of programs receiving financial

assistance under this subsection that exist or are being

developed to secure wider participation of scholars and

scholarly organizations identified under subclause (I) of this

clause or that address the availability of the humanities to

all people or communities identified under subclause (II) of

this clause.

No application may be approved unless the accompanying plan

satisfies the requirements specified in this subsection.

(B) In any State in which the chief executive officer of the

State fails to submit an application under subparagraph (A), the

grant recipient in such State shall -

(i) establish a procedure which assures that six members of the

governing body of such grant recipient shall be appointed by an

appropriate officer or agency of such State, except that in no

event may the number of such members exceed 25 per centum of the

total membership of such governing body; and

(ii) provide, from any source, an amount equal to the amount of

Federal financial assistance received by such grant recipient

under this subsection for the fiscal year involved.

(3) Whenever a State selects to receive Federal financial

assistance under this subsection for any fiscal year under

paragraph (2)(B), any appropriate entity desiring to receive such

assistance shall submit an application for such assistance at such

time as shall be specified by the Chairperson. Each such

application shall be accompanied by a plan which the Chairperson

finds -

(A) provides assurances that the grant recipient will comply

with the requirements of paragraph (2)(B);

(B) provides that funds paid to the grant recipient will be

expended solely on programs which carry out the objectives of

subsection (c) of this section;

(C) establishes a membership policy which is designed to assure

broad public representation with respect to programs administered

by such grant recipient;

(D) provides a nomination process which assures opportunities

for nomination to membership from various groups within the State

involved and from a variety of segments of the population of such

State, and including individuals who by reason of their

achievement, scholarship, or creativity in the humanities, are

especially qualified to serve;

(E) provides for a membership rotation process which assures

the regular rotation of the membership and officers of such grant

recipient;

(F) establishes reporting procedures which are designed to

inform the chief executive officer of the State involved, and

other appropriate officers and agencies, of the activities of

such grant recipient;

(G) establishes procedures to assure public access to

information relating to such activities;

(H) provides that such grant recipient will make reports to the

Chairperson, in such form, at such times, and containing such

information, as the Chairperson may require, including a

description of the progress made toward achieving the goals of

the plan;

(I) provides -

(i) assurances that the grant recipient has held, after

reasonable notice, public meetings in the State to allow

scholars, interested organizations, and the public to present

views and make recommendations regarding the plan; and

(ii) a summary of such recommendations and of the response of

the grant recipient to such recommendations; and

(J) contains -

(i) a description of the level of participation during the

most recent preceding year for which information is available

by scholars and scholarly organizations in programs receiving

financial assistance under this subsection;

(ii) for the most recent preceding year for which information

is available, a description of the extent to which the programs

receiving financial assistance under this subsection are

available to all people and communities in the State; and

(iii) a description of programs receiving financial

assistance under this subsection that exist or are being

developed to secure wider participation of scholars and

scholarly organizations identified under clause (i) of this

subparagraph or that address the availability of the humanities

to all people or communities identified under clause (ii) of

this subparagraph.

No application may be approved unless the accompanying plan

satisfies the requirements specified in this subsection.

(4) Of the sums available to carry out this subsection for any

fiscal year, each State and each grant recipient which has a plan

approved by the Chairperson shall be allotted at least $200,000. If

the sums appropriated are insufficient to make the allotments under

the preceding sentence in full, such sums shall be allotted among

such States and grant recipients in equal amounts. In any case

where the sums available to carry out this subsection for any

fiscal year are in excess of the amount required to make the

allotments under the first sentence of this paragraph -

(A) 34 per centum of the amount of such excess for such fiscal

year shall be available to the Chairperson for making grants

under this subsection to States and regional groups and entities

applying for such grants;

(B) 44 per centum of the amount of such excess for such fiscal

year shall be allotted in equal amounts among the States and

grant recipients which have plans approved by the Chairperson;

and

(C) 22 per centum of the amount of such excess for such fiscal

year shall be allotted among the States and grant recipients

which have plans approved by the Chairperson in amounts which

bear the same ratio to such excess as the population of the State

for which the plan is approved (or, in the case of a grant

recipient other than a State, the population of the State in

which such grant recipient is located) bears to the population of

all the States.

(5)(A) The amount of each allotment to a State for any fiscal

year under this subsection shall be available to each State or

grant recipient, which has a plan or application approved by the

Chairperson in effect on the first day of such fiscal year, to pay

not more than 50 per centum of the total cost of any project or

production described in paragraph (1). The amount of any allotment

made under paragraph (4) for any fiscal year -

(i) which exceeds $125,000, but

(ii) which does not exceed 20 per centum of such allotment,

shall be available, at the discretion of the Chairperson, to pay up

to 100 per centum of the cost of programs under this subsection if

such programs would otherwise be unavailable to the residents of

that State.

(B) Any amount allotted to a State under the first sentence of

paragraph (4) for any fiscal year which is not obligated by the

State agency or grant recipient prior to sixty days prior to the

end of the fiscal year for which such sums are appropriated shall

be available to the Chairperson for making grants to regional

groups.

(C) Funds made available under this subsection shall not be used

to supplant non-Federal funds.

(D) For the purposes of this paragraph, the term ''regional

group'' means any multistate group, whether or not representative

of contiguous States.

(E) For purposes of paragraph (4)(B), the term ''State'' and the

term ''grant recipient'' include, in addition to the several States

of the Union, only those special jurisdictions specified in section

952(g) of this title which have a population of 200,000 or more,

according to the latest decennial census.

(6) All amounts allotted or made available under paragraph (4)

for a fiscal year which are not granted to any entity during such

fiscal year shall be available to the National Endowment for the

Humanities for the purpose of carrying out subsection (c) of this

section.

(7) Whenever the Chairperson, after reasonable notice and

opportunity for hearing, finds that -

(A) a group or grant recipient is not complying substantially

with the provisions of this subsection;

(B) a State agency or grant recipient is not complying

substantially with terms and conditions of its State plan or

grant recipient application approved under this subsection; or

(C) any funds granted to any group or State agency or grant

recipient under this subsection have been diverted from the

purposes for which they are allotted or paid,

the Chairperson shall immediately notify the Secretary of the

Treasury and the group, State agency, or grant recipient with

respect to which such finding was made that no further grants will

be made under this subsection to such group, State agency, or grant

recipient until there is no longer a default or failure to comply

or the diversion has been corrected, or, if the compliance or

correction is impossible, until such group, State agency, or grant

recipient repays or arranges the repayment of the Federal funds

which have been improperly diverted or expended.

(8) Except as provided in the third sentence of paragraph (4),

and paragraphs (5) and (6), the Chairperson may not make grants

under this subsection to more than one entity in any State.

(g) Payment of performers and supporting personnel; standards,

regulations, and procedures

It shall be a condition of the receipt of any grant under this

section that the group, individual, or State agency or entity

receiving such grant furnish adequate assurances to the Secretary

of Labor that (1) all professional performers and related or

supporting professional personnel employed on projects or

productions which are financed in whole or in part under this

section will be paid, without subsequent deduction or rebate on any

account, not less than the minimum compensation as determined by

the Secretary of Labor to be the prevailing minimum compensation

for persons employed in similar activities; and (2) no part of any

project or production which is financed in whole or in part under

this section will be performed or engaged in under working

conditions which are unsanitary or hazardous or dangerous to the

health and safety of the employees engaged in such project or

production. Compliance with the safety and sanitary laws of the

State in which the performance or part thereof is to take place

shall be prima facie evidence of compliance. The Secretary of

Labor shall prescribe standards, regulations, and procedures

necessary to carry out this subsection.

(h) Program of contracts or grants-in-aid to public agencies and

private nonprofit organizations; limitation on payments

(1) The Chairperson of the National Endowment for the Humanities,

with the advice of the National Council on the Humanities, is

authorized, in accordance with the provisions of this subsection,

to establish and carry out a program of contracts with, or

grants-in-aid to, public agencies and private nonprofit

organizations for the purpose of -

(A) enabling cultural organizations and institutions to

increase the levels of continuing support and to increase the

range of contributors to the program of such organizations or

institutions;

(B) providing administrative and management improvements for

cultural organizations and institutions, particularly in the

field of long-range financial planning;

(C) enabling cultural organizations and institutions to

increase audience participation in, and appreciation of, programs

sponsored by such organizations and institutions;

(D) stimulating greater cooperation among cultural

organizations and institutions especially designed to serve

better the communities in which such organizations or

institutions are located;

(E) fostering greater citizen involvement in planning the

cultural development of a community; and

(F) for bicentennial programs, assessing where our society and

Government stand in relation to the founding principles of the

Republic, primarily focused on projects which will bring together

the public and private citizen sectors in an effort to find new

processes for solving problems facing our Nation in its third

century.

(2)(A) Except as provided in subparagraph (B) of this paragraph,

the total amount of any payment made under this subsection for a

program or project may not exceed 50 per centum of the cost of such

program or project.

(B) The Chairperson, with the advice of the Council, may waive

all or part of the requirement of matching funds provided in

subparagraph (A) of this paragraph, but only for the purposes

described in clause (F) of paragraph (1), whenever he determines

that highly meritorious proposals for grants and contracts under

such clause, could not otherwise be supported from non-Federal

sources or from Federal sources other than funds authorized by

section 960(a)(3) of this title, unless such matching requirement

is waived. Such waiver may not exceed 15 per centum of the amount

appropriated in any fiscal year and available to the National

Endowment for the Humanities for the purpose of this subsection.

(3) In carrying out the program authorized by this subsection,

the Chairperson of the National Endowment for the Humanities shall

have the same authority as is established in subsection (c) of this

section and section 959 of this title.

(i) Interagency agreements

The Chairperson may enter into interagency agreements to promote

or assist with the humanities-related activities of other Federal

agencies, on either a reimbursable or nonreimbursable basis, and

may use funds authorized to be appropriated for the purposes of

subsection (c) of this section for the costs of such activities.

(j) Payment of wages at prevailing rates; authority of Secretary of

Labor

It shall be a condition of the receipt of any grant under this

section that the group or individual of exceptional talent or the

State, State agency, or entity receiving such grant furnish

adequate assurances to the Secretary of Labor that all laborers and

mechanics employed by contractors or subcontractors on construction

projects assisted under this section shall be paid wages at rates

not less than those prevailing on similar construction in the

locality, as determined by the Secretary of Labor in accordance

with sections 3141-3144, 3146, and 3147 of title 40. The Secretary

of Labor shall have, with respect to the labor standards specified

in this subsection, the authority and functions set forth in

Reorganization Plan Numbered 14 of 1950 and section 3145 of title

40.

(k) National information and data collection system on humanities,

scholars, educational and cultural groups, and audiences;

development and implementation plan; state of the humanities

reports

The Chairperson of the National Endowment for the Humanities

shall, in ongoing consultation with State and local agencies, other

relevant organizations, and relevant Federal agencies, continue to

develop and implement a practical system of national information

and data collection and public dissemination on the humanities,

scholars, educational and cultural groups, and their audiences.

Such system shall include cultural and financial trends in the

various humanities fields, trends in audience participation, and

trends in humanities education on national, regional, and State

levels. Such system shall be used, along with a summary of the

data submitted with plans under subsection (f) of this section, to

prepare a report on the state of the humanities in the Nation. The

state of the humanities report shall include a description of the

availability of the Endowment's programs to emerging and culturally

diverse scholars, cultural and educational organizations, and

communities and of the participation of such scholars,

organizations, and communities in such programs. The state of the

humanities report shall be submitted to the President and the

Congress, and provided the States, not later than October 1, 1992,

and quadrennially thereafter.

(l) Eligibility of group for financial assistance

Any group shall be eligible for financial assistance under this

section only if -

(1) no part of its net earnings inures to the benefit of any

private stockholder or stockholders, or individual or

individuals; and

(2) donations to such group are allowable as a charitable

contribution under the standards of section 170(c) of title 26.

(m) Annual awards

The Chairperson, with the advice of the National Council on the

Humanities, is authorized to make the following annual awards:

(1) The Jefferson Lecture in the Humanities Award to one

individual for distinguished intellectual achievement in the

humanities. The annual award shall not exceed $10,000.

(2) The Charles Frankel Prize to honor individuals who have

made outstanding contributions to the public understanding of the

humanities. Not more than 5 individuals may receive such prize

each year. Each prize shall not exceed $5,000.

-SOURCE-

(Pub. L. 89-209, Sec. 7, Sept. 29, 1965, 79 Stat. 850; Pub. L.

90-83, Sec. 10(b), Sept. 11, 1967, 81 Stat. 223; Pub. L. 91-346,

Sec. 8, July 20, 1970, 84 Stat. 445; Pub. L. 93-133, Sec. 2(a)(6),

3, Oct. 19, 1973, 87 Stat. 464, 465; Pub. L. 94-462, title I, Sec.

104(a), 105, title III, Sec. 301(b), Oct. 8, 1976, 90 Stat. 1971,

1974, 1979; Pub. L. 96-496, title I, Sec. 104, 109(c), Dec. 4,

1980, 94 Stat. 2584, 2591; renumbered title I, Sec. 7, Pub. L.

98-306, Sec. 2, May 31, 1984, 98 Stat. 223; renumbered Sec. 7 and

amended Pub. L. 99-194, title I, Sec. 101(1), 107, Dec. 20, 1985,

99 Stat. 1332, 1335; Pub. L. 101-512, title III, Sec. 318 (title I,

Sec. 107), Nov. 5, 1990, 104 Stat. 1960, 1969.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 14 of 1950, referred to in subsec.

(j), is set out in the Appendix to Title 5, Government Organization

and Employees.

-COD-

CODIFICATION

In subsec. (j), ''sections 3141-3144, 3146, and 3147 of title

40'' substituted for ''the Davis-Bacon Act, as amended (40 U.S.C.

276a - 276a-5)'' and ''section 3145 of title 40'' substituted for

''section 2 of the Act of June 13, 1934, as amended (40 U.S.C.

276c)'' on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,

116 Stat. 1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

-MISC3-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-512, Sec. 318 (title I, Sec.

107(a)), substituted ''the'' for ''a'' after ''Foundation''.

Subsec. (c). Pub. L. 101-512, Sec. 318 (title I, Sec. 107(b)(1)),

inserted ''enter into arrangements, including contracts, grants,

loans, and other forms of assistance, to'' after ''is authorized

to''.

Subsec. (c)(2). Pub. L. 101-512, Sec. 318 (title I, Sec.

107(b)(2)), struck out ''(including contracts, grants, loans, and

other forms of assistance)'' after ''arrangements''.

Subsec. (c)(3). Pub. L. 101-512, Sec. 318 (title I, Sec.

107(b)(3)), substituted ''initiate and support training and

workshops in the humanities by making arrangements with

institutions or individuals (fellowships'' for ''award fellowships

and grants to institutions or individuals for training and

workshops in the humanities. Fellowships'', and inserted closing

parenthesis after ''periods of time''.

Subsec. (c)(7). Pub. L. 101-512, Sec. 318 (title I, Sec.

107(b)(4)), struck out ''through grants or other arrangements''

after ''foster,''.

Subsec. (c)(10). Pub. L. 101-512, Sec. 318 (title I, Sec.

107(b)(5)-(7)), added par. (10).

Subsec. (d). Pub. L. 101-512, Sec. 318 (title I, Sec. 107(c)),

substituted ''coordinate'' for ''correlate''.

Subsec. (f)(2)(A). Pub. L. 101-512, Sec. 318 (title I, Sec.

107(d)(1)), substituted ''the date the State agency is

established'' for ''December 20, 1985,''.

Subsec. (f)(2)(A)(viii)(I). Pub. L. 101-512, Sec. 318 (title I,

Sec. 107(d)(2)(A)), substituted ''most recent preceding year for

which information is available'' for ''previous two years''.

Subsec. (f)(2)(A)(viii)(II). Pub. L. 101-512, Sec. 318 (title I,

Sec. 107(d)(2)(B)), inserted ''for the most recent preceding year

for which information is available,''.

Subsec. (f)(3)(J)(i). Pub. L. 101-512, Sec. 318 (title I, Sec.

107(d)(3)(A)), substituted ''most recent preceding year for which

information is available'' for ''previous two years''.

Subsec. (f)(3)(J)(ii). Pub. L. 101-512, Sec. 318 (title I, Sec.

107(d)(3)(B)), inserted ''for the most recent preceding year for

which information is available,''.

Subsec. (g). Pub. L. 101-512, Sec. 318 (title I, Sec. 107(e)),

struck out ''not later than 180 days after December 20, 1985''

before period at end.

Subsec. (h)(2)(B). Pub. L. 101-512, Sec. 318 (title I, Sec.

107(f)), substituted ''Endowment for'' for ''Endowment on''.

Subsec. (k). Pub. L. 101-512, Sec. 318 (title I, Sec. 107(g)),

inserted ''ongoing'' after ''shall, in'', substituted ''continue to

develop and implement'' for ''develop'', inserted ''and public

dissemination'' after ''collection'', struck out ''Not later than

one year after December 20, 1985, the Chairperson shall submit to

the Committee on Education and Labor of the House of

Representatives and the Committee on Labor and Human Resources of

the Senate a plan for the development and implementation of such

system, including a recommendation regarding the need for any

additional funds to be appropriated to develop and implement such

system.'' after ''and State levels.'', and substituted ''1992, and

quadrennially'' for ''1988, and biennially''.

Subsecs. (l), (m). Pub. L. 101-512, Sec. 318 (title I, Sec.

107(h)), added subsecs. (l) and (m) and struck out former subsec.

(l) which related to reports and plans required by regulation or

directives and the transmittal of such reports and plans to the

Equal Employment Opportunity Commission.

1985 - Subsec. (b). Pub. L. 99-194, Sec. 107(1), (5), substituted

''chairperson'' for ''chairman'' in par. (1), and in par. (2),

substituted ''Chairperson'' for ''Chairman'' and ''the

Chairperson's'' for ''his'' wherever appearing.

Subsec. (c). Pub. L. 99-194, Sec. 107(2), (5), substituted

''Chairperson'' for ''Chairman'' wherever appearing, substituted

''workshops'' for ''workships'' in cl. (3), added cls. (4) and (5)

and redesignated existing cls. (4) to (7) as (6) to (9),

respectively, substituted ''clause (8)'' for ''clause (6)'' in

second sentence, and inserted at end ''In selecting individuals and

groups of exceptional talent as recipients of financial assistance

to be provided under this subsection, the Chairperson shall give

particular regard to scholars, and educational and cultural

institutions, that have traditionally been underrepresented.''

Subsec. (d). Pub. L. 99-194, Sec. 107(5), substituted

''Chairperson'' for ''Chairman''.

Subsec. (f). Pub. L. 99-194, Sec. 107(3), (5), substituted

''Chairperson'' for ''Chairman'' wherever appearing; in par. (2)(A)

substituted ''December 20, 1985'' for ''December 4, 1980'',

inserted ''officer'' after ''chief executive'' wherever appearing

in cl. (ii), struck out ''and'' at end of cl. (v), substituted '',

including a description of the progress made toward achieving the

goals of the State plan;'' for the period at end of cl. (vi), and

added cls. (vii) and (viii) and sentence providing that no

application may be approved unless the accompanying plan satisfies

the requirements specified in this subsection; in par. (2)(B)(i)

substituted ''six'' and ''25'' for ''four'' and ''20'',

respectively; and in par. (3) struck out ''and'' at end of cl. (G),

substituted '', including a description of the progress made toward

achieving the goals of the plan;'' for the period at end of cl.

(H), and added cls. (I) and (J) and sentence providing that no

application may be approved unless the accompanying plan satisfies

the requirements specified in this subsection.

Subsec. (g). Pub. L. 99-194, Sec. 107(4), substituted ''The

Secretary of Labor shall prescribe standards, regulations, and

procedures necessary to carry out this subsection not later than

180 days after December 20, 1985'' for ''The Secretary of Labor

shall have the authority to prescribe standards, regulations, and

procedures as he may deem necessary or appropriate to carry out the

provisions of this subsection''.

Subsecs. (h)(1), (2)(B), (3), (i). Pub. L. 99-194, Sec. 107(5),

substituted ''Chairperson'' for ''Chairman'' wherever appearing.

Subsecs. (j) to (l). Pub. L. 99-194, Sec. 107(6), added subsecs.

(j) to (l).

1980 - Subsec. (c). Pub. L. 96-496, Sec. 109(c), substituted

''Committee on Labor and Human Resources'' for ''Committee on Labor

and Public Welfare'' in last sentence.

Subsec. (f)(2). Pub. L. 96-496, Sec. 104(a)(1), substituted

provisions relating to the designation of State humanities councils

as State administrative agencies, requiring matching State funding

and submission by States wishing to designate administrative State

agencies of grant applications and accompanying administrative

plans, and prescribing a grant recipient application procedure for

provisions requiring entities desiring to receive financial

assistance under this subsection to submit grant applications and

accompanying administrative plans.

Subsec. (f)(3). Pub. L. 96-496, Sec. 104(a)(2), substituted

provisions requiring entities desiring to receive financial

assistance under this subsection to submit grant applications and

accompanying administrative plans for provisions relating to the

appointment of grant recipient members.

Subsec. (f)(4). Pub. L. 96-496, Sec. 104(a)(3), in provisions

preceding subpar. (A), substituted ''each State and each grant

recipient'' for ''each grant recipient'' and ''such States and

grant recipients'' for ''such grant recipients'', in subpar. (A),

substituted ''34 per centum of the amount of such excess for such''

for ''the amount of such excess which is no greater than 25 per

centum of the sums available to carry out this subsection for any''

and inserted ''States and regional groups and'', in subpar. (B),

substituted ''44 per centum of the amount of such excess for such

fiscal year'' for ''the amount of such excess, if any, which

remains after reserving in full for the Chairman the amount

required under subparagraph (A)'' and ''States and grant

recipients'' for ''grant recipients'' and struck out ''but in no

event shall any grant recipient be allotted less than $200,000''

after ''Chairman'' and added subpar. (C).

Subsec. (f)(5)(A). Pub. L. 96-496, Sec. 104(a)(4)(A), substituted

''The amount of each allotment to a State for any fiscal year under

this subsection shall be available to each State or grant

recipient, which has a plan or application approved by the Chairman

in effect on the first day of such fiscal year, to pay not more

than 50 per centum of the total cost of any project or production

described in paragraph (1). The amount of any'' for ''Whenever the

provisions of paragraph (3)(B) of this subsection apply in any

State, that part of any''.

Subsec. (f)(5)(B). Pub. L. 96-496, Sec. 104(a)(4)(B), inserted

''State agency or''.

Subsec. (f)(5)(E). Pub. L. 96-496, Sec. 104(a)(4)(C), added

subpar. (E).

Subsec. (f)(7). Pub. L. 96-496, Sec. 104(a)(5), inserted ''group

or'' in subpar. (A), inserted ''State agency or'' and substituted

''State plan or grant recipient application'' for ''plan'' in

subpar. (B), inserted ''group or State agency or'' in subpar. (C),

and inserted ''group, State agency, or'' in three places in

provisions following subpar. (C).

Subsec. (f)(8). Pub. L. 96-496, Sec. 104(a)(6), substituted ''the

third sentence of paragraph (4), and paragraphs (5) and (6)'' for

''paragraphs (4), (5), and (6)''.

Subsec. (g). Pub. L. 96-496, Sec. 104(b), substituted ''State

agency or'' for ''State''.

Subsec. (i). Pub. L. 96-496, Sec. 104(c), added subsec. (i).

1976 - Subsecs. (f), (g). Pub. L. 94-462, Sec. 104(a), 105, added

subsecs. (f) and (g).

Subsec. (h). Pub. L. 94-462, Sec. 301(b), added subsec. (h).

1973 - Subsec. (c). Pub. L. 93-133, Sec. 2(a)(6), in provisions

preceding cl. (1) struck out reference to the Federal Council on

the Arts and the Humanities, in cl. (2) inserted proviso that loans

made by the Endowment shall be made in accordance with terms and

conditions approved by the Secretary of the Treasury, in cl. (6)

struck out reference to section 111 of title 44, and added cl. (7)

and provisions following cl. (7).

Subsec. (d). Pub. L. 93-133, Sec. 3, required the Chairman to

correlate the programs of the National Endowment for the Humanities

with designated State humanities agencies.

1970 - Subsec. (b)(2). Pub. L. 91-346, Sec. 8(a), provided that

upon expiration of his term of office the Chairman shall serve

until his successor shall have been appointed and shall have

qualified.

Subsec. (c)(2). Pub. L. 91-346, Sec. 8(b), announced intention of

the Endowment for the Humanities to strengthen teaching potential

as well as research potential and authorized the Endowment to make

contracts as well as grants etc., in its efforts to accomplish its

goals.

Subsec. (c)(5). Pub. L. 91-346, Sec. 8(c), announced intention to

foster education in as well as public understanding and

appreciation of the humanities.

1967 - Subsec. (b)(1). Pub. L. 90-83 struck out provision setting

the compensation of the Chairman at the level prescribed by law for

the Director of the National Science Foundation.

-CHANGE-

CHANGE OF NAME

Committee on Education and Labor of House of Representatives

treated as referring to Committee on Economic and Educational

Opportunities of House of Representatives by section 1(a) of Pub.

L. 104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Economic and Educational Opportunities of

House of Representatives changed to Committee on Education and the

Workforce of House of Representatives by House Resolution No. 5,

One Hundred Fifth Congress, Jan. 7, 1997.

-MISC4-

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section

318 (title IV, Sec. 403(a)) of Pub. L. 101-512, set out as a note

under section 951 of this title.

APPLICABILITY OF 1985 AMENDMENT

Amendment by section 107(3) of Pub. L. 99-194 not applicable with

respect to plans submitted for financial assistance to be provided

with funds appropriated for fiscal year 1986, see section 112 of

Pub. L. 99-194, set out as a note under section 954 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 104(b) of Pub. L. 94-462 provided that: ''The amendment

made by subsection (a) (amending this section) shall be effective

with respect to fiscal year 1977 and succeeding fiscal years.''

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by section 2(a)(6) of Pub. L. 93-133 effective on and

after July 1, 1973, see section 2(b) of Pub. L. 93-133, set out as

a note under section 951 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(k) of this section relating to quadrennially submitting the state

of the humanities report to Congress, see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance, and page 183 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 952, 959, 960 of this

title.

-CITE-

20 USC Sec. 956a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

-HEAD-

Sec. 956a. National Capital arts and cultural affairs; grant

programs

-STATUTE-

There is hereby authorized a program to support artistic and

cultural programs in the Nation's Capital to be established under

the direction of the Commission of Fine Arts. Not to exceed

$7,500,000 annually is authorized to provide grants for general

operating support to eligible organizations located in the District

of Columbia whose primary purpose is performing, exhibiting and/or

presenting arts.

Eligibility for grants shall be limited to not-for-profit,

non-academic institutions of demonstrated national repute and is

further limited to organizations having annual income, exclusive of

Federal funds, in excess of $1,000,000 for each of the three years

prior to receipt of a grant. The following organizations are

deemed eligible to receive grants under this section: Folger

Theater, Corcoran Gallery of Art, Phillips Gallery, Arena Stage,

the National Building Museum, the National Capital Children's

Museum, the National Symphony Orchestra, the National Opera, and

Ford's Theater.

The Chairman of the Commission of Fine Arts shall establish an

application process and shall, along with the Chairman of the

National Endowment for the Arts and the Chairman of the National

Endowment for the Humanities determine the eligibility of applicant

organizations in addition to those herein named.

Of the funds provided for grants, 70 per centum shall be equally

distributed among all qualifying organizations and 30 per centum

shall be distributed based on the size of an organization's total

annual income, exclusive of Federal funds, compared to the combined

total of the annual income, exclusive of Federal funds, of all

eligible institutions. No organization shall receive a grant in

excess of $500,000 in a single year.

An application process shall be established no later than March

1, 1986, and initial grants shall be awarded no later than June 1,

1986.

-SOURCE-

(Pub. L. 99-190, Sec. 101(d) (title II, Sec. 201), Dec. 19, 1985,

99 Stat. 1224, 1261; Pub. L. 99-500, Sec. 101(h) (title II, Sec.

201), Oct. 18, 1986, 100 Stat. 1783-242, 1783-281, and Pub. L.

99-591, Sec. 101(h) (title II, Sec. 201), Oct. 30, 1986, 100 Stat.

3341-242, 3341-281; Pub. L. 100-202, Sec. 101(g) (title II, Sec.

201), Dec. 22, 1987, 101 Stat. 1329-213, 1329-250; Pub. L. 101-121,

title II, Oct. 23, 1989, 103 Stat. 739; Pub. L. 106-219, Sec. 2,

June 20, 2000, 114 Stat. 346.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

Section was not enacted as part of the National Foundation on the

Arts and the Humanities Act of 1965 which comprises this

subchapter.

-MISC3-

AMENDMENTS

2000 - Pub. L. 106-219 substituted ''National Opera'' for

''Washington Opera Society'' in second par.

1989 - Pub. L. 101-121 substituted ''$7,500,000'' for

''$5,000,000'' in first par.

1987 - Pub. L. 100-202 substituted ''direction of the Commission

of Fine Arts'' for ''direction of the National Endowment for the

Humanities'' in first par. and amended third par. generally. Prior

to amendment, third par. read as follows: ''The Chairman of the

National Endowment for the Humanities shall establish an

application process and shall, along with the Chairman of the

National Endowment for the Arts and the Chairman of the Commission

on Fine Arts determine the eligibility of applicant organizations

in addition to those herein named.''

1986 - Pub. L. 99-500 and Pub. L. 99-591 substituted ''whose

primary purpose is'' for ''which are engaged primarily in'' in

first par. and ''annual income, exclusive of Federal Funds,'' for

''an annual operating budget'', ''operating budget'', and

''operating budgets'' in third and fourth pars.

REDESIGNATION OF WASHINGTON OPERA AS NATIONAL OPERA

Pub. L. 106-219, June 20, 2000, 114 Stat. 346, provided that:

''SECTION 1. DESIGNATION.

''The Washington Opera, organized under the laws of the District

of Columbia, is designated as the 'National Opera'.

''SEC. 2. REFERENCES.

''Any reference in a law, map, regulation, document, paper or

other record of the United States to the Washington Opera referred

to in section 1 shall be deemed to be a reference to the 'National

Opera'.''

-CITE-

20 USC Sec. 957 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

-HEAD-

Sec. 957. National Council on the Humanities

-STATUTE-

(a) Establishment

There is established in the National Endowment for the Humanities

a National Council on the Humanities.

(b) Composition; basis for selection of members; representation of

interests; recommendations of national organizations

The Council shall be composed of the Chairperson of the National

Endowment for the Humanities, who shall be the Chairperson of the

Council, and twenty-six other members appointed by the President,

by and with the advice and consent of the Senate, from private

life. Such members shall be individuals who (1) are selected from

among private citizens of the United States who are recognized for

their broad knowledge of, expertise in, or commitment to the

humanities, and (2) have established records of distinguished

service and scholarship or creativity and in a manner which will

provide a comprehensive representation of the views of scholars and

professional practitioners in the humanities and of the public

throughout the United States. The President is requested in the

making of such appointments to give consideration to such

recommendations as may from time to time be submitted to him by

leading national organizations concerned with the humanities. In

making such appointments, the President shall give due regard to

equitable representation of women, minorities, and individuals with

disabilities who are involved in the humanities.

(c) Term of office; vacancies; reappointment

Each member shall hold office for a term of six years, except

that (1) the members first taking office shall serve, as designated

by the President, nine for terms of two years, nine for terms of

four years, and eight for terms of six years, and (2) any member

appointed to fill a vacancy shall serve for the remainder of the

term for which such member's predecessor was appointed. No member

shall be eligible for reappointment during the two-year period

following the expiration of such member's term. Notwithstanding

any other provisions of this subsection, a member shall serve after

the expiration of such member's term until such member's successor

takes office.

(d) Meetings; quorum

The Council shall meet at the call of the Chairperson but not

less often than twice during each calendar year. Fourteen members

of the Council shall constitute a quorum.

(e) Compensation and travel expenses

Members shall receive compensation at a rate to be fixed by the

Chairperson but not to exceed the per diem equivalent of the rate

authorized for grade GS-18 by section 5332 of title 5 and be

allowed travel expenses including per diem in lieu of subsistence,

as authorized by law (section 5703 of title 5) for persons in the

Government service employed intermittently.

(f) Advisory functions: policies, programs, and procedures; review

of applications for financial support; recommendations

prerequisite to action of Chairperson; unilateral action by

Chairperson pursuant to delegation of authority

The Council shall (1) advise the Chairperson with respect to

policies, programs, and procedures for carrying out the

Chairperson's functions, and (2) shall review applications for

financial support and make recommendations thereon to the

Chairperson. The Chairperson shall not approve or disapprove any

such application until the Chairperson has received the

recommendation of the Council on such application, unless the

Council fails to make a recommendation thereon within a reasonable

time. In the case of any application involving $30,000, or less,

the Chairperson may approve or disapprove such request if such

action is taken pursuant to the terms of a delegation of authority

from the Council to the Chairperson, and provided that each such

action by the Chairperson shall be reviewed by the Council:

Provided, That the terms of any such delegation of authority shall

not permit obligations for expenditure of funds under such

delegation for any fiscal year which exceed an amount equal to 10

per centum of the sums appropriated for that fiscal year pursuant

to subparagraph (B) of paragraph (1) of section 960(a) of this

title.

-SOURCE-

(Pub. L. 89-209, Sec. 8, Sept. 29, 1965, 79 Stat. 851; Pub. L.

90-348, Sec. 4, June 18, 1968, 82 Stat. 186; Pub. L. 91-346, Sec.

5(c), July 20, 1970, 84 Stat. 444; Pub. L. 93-133, Sec. 2(a)(7),

Oct. 19, 1973, 87 Stat. 464; Pub. L. 94-462, title I, Sec. 103(b),

Oct. 8, 1976, 90 Stat. 1971; Pub. L. 96-496, title I, Sec. 105,

Dec. 4, 1980, 94 Stat. 2587; renumbered title I, Sec. 8, and

amended Pub. L. 98-306, Sec. 2, 5(b), May 31, 1984, 98 Stat. 223,

224; renumbered Sec. 8 and amended Pub. L. 99-194, title I, Sec.

101(1), 108, Dec. 20, 1985, 99 Stat. 1332, 1338.)

-MISC1-

AMENDMENTS

1985 - Subsec. (b). Pub. L. 99-194, Sec. 108(1), substituted

''Chairperson'' for ''Chairman'' in two places, substituted

''individuals who (1) are selected from among private citizens of

the United States who are recognized for their broad knowledge of,

expertise in, or commitment to the humanities, and (2) have

established records of'' for ''selected on the basis of'', and

inserted provision that in making such appointments, the President

shall give due regard to equitable representation of women,

minorities, and individuals with disabilities who are involved in

the humanities.

Subsec. (c). Pub. L. 99-194, Sec. 108(2), substituted ''such

member's'' for ''his'' wherever appearing.

Subsecs. (d), (e). Pub. L. 99-194, Sec. 108(3), substituted

''Chairperson'' for ''Chairman'' wherever appearing.

Subsec. (f). Pub. L. 99-194, Sec. 108(3), (4), substituted

''Chairperson'' for ''Chairman'' wherever appearing, ''the

Chairperson's'' for ''his'', and ''until the Chairperson has

received'' for ''until he has received''.

1984 - Subsec. (c). Pub. L. 98-306, Sec. 5(b), inserted

''Notwithstanding any other provisions of this subsection, a member

shall serve after the expiration of his term until his successor

takes office.''

1980 - Subsec. (f). Pub. L. 96-496 substituted ''$30,000'' for

''$17,500''.

1976 - Subsec. (b). Pub. L. 94-462 inserted '', by and with the

advice and consent of the Senate,'' after ''by the President''.

1973 - Subsec. (f). Pub. L. 93-133 substituted ''$17,500'' for

''$10,000'' and inserted proviso that the terms of delegation of

authority shall not permit obligations for expenditure of funds

under such delegation for any fiscal year which exceeds an amount

equal to 10 per centum of the sums appropriated for that fiscal

year.

1970 - Subsec. (e). Pub. L. 91-346 set forth provisions governing

compensation of persons employed for the Government service on an

intermittent basis.

1968 - Subsec. (f). Pub. L. 90-348 inserted provisions which

authorized the Chairman, in the case of any application involving

$10,000 or less, to approve or disapprove the application if such

action is pursuant to the terms of a delegation of authority from

the Endowment Council and such action is reviewed by the Endowment

Council.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-133 effective on and after July 1, 1973,

see section 2(b) of Pub. L. 93-133, set out as a note under section

951 of this title.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 959 of this title.

-CITE-

20 USC Sec. 957a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

-HEAD-

Sec. 957a. Omitted

-COD-

CODIFICATION

Section, Pub. L. 98-146, title II, Nov. 4, 1983, 97 Stat. 949,

which directed that persons serving on National Council on the

Humanities continue until their successors are qualified for

office, was omitted as superseded. See section 957(c) of this

title, as amended by Pub. L. 98-306. Similar provisions were

contained in Pub. L. 97-394, title II, Dec. 30, 1982, 96 Stat.

1994.

-CITE-

20 USC Sec. 958 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

-HEAD-

Sec. 958. Federal Council on the Arts and the Humanities

-STATUTE-

(a) Establishment

There is established within the Foundation a Federal Council on

the Arts and the Humanities.

(b) Composition; presiding officer; changes in membership to meet

changes in programs or executive branch organization

The Council shall be composed of the Chairperson of the National

Endowment for the Arts, the Chairperson of the National Endowment

for the Humanities, the Director of the Institute of Museum

Services, the Secretary of Education, the Secretary of the

Smithsonian Institution, the Director of the National Science

Foundation, the Librarian of Congress, the Director of the National

Gallery of Art, the Chairman of the Commission of Fine Arts, the

Archivist of the United States, the Commissioner, Public Buildings

Service, General Services Administration, the Assistant Secretary

for Aging, a member designated by the Secretary of State and a

member designated by the Secretary of the Interior, a member

designated by the Chairman of the Senate Commission on Art and

Antiquities, and a member designated by the Speaker of the House.

The President shall designate the presiding officer of the Council

from among the members. The President is authorized to change the

membership of the Council from time to time as the President deems

necessary to meet changes in Federal programs or executive branch

organization.

(c) Functions

The Council shall -

(1) advise and consult with the Chairperson of the National

Endowment for the Arts and the Chairperson of the National

Endowment for the Humanities on major problems arising in

carrying out the purposes of the Foundation;

(2) advise and consult with the National Museum Services Board

and with the Director of the Institute of Museum Services on

major problems arising in carrying out the purposes of such

Institute;

(3) coordinate, by advice and consultation, so far as is

practicable, the policies and operations of the National

Endowment for the Arts, the National Endowment for the

Humanities, and the Institute of Museum Services, including joint

support of activities, as appropriate;

(4) promote coordination between the programs and activities of

the Foundation and related programs and activities of other

Federal agencies;

(5) plan and coordinate appropriate participation (including

productions and projects) in major and historic national events;

(6) undertake studies and make reports which address the state

of the arts and humanities, particularly with respect to their

economic needs and problems; and

(7) encourage an ongoing dialogue in support of the arts and

the humanities among Federal agencies.

-SOURCE-

(Pub. L. 89-209, Sec. 9, Sept. 29, 1965, 79 Stat. 851; Pub. L.

91-346, Sec. 9, July 20, 1970, 84 Stat. 446; Pub. L. 93-133, Sec.

2(a)(8), Oct. 19, 1973, 87 Stat. 464; Pub. L. 94-462, title II,

Sec. 208, Oct. 8, 1976, 90 Stat. 1977; Pub. L. 96-496, title I,

Sec. 106, 109(d), Dec. 4, 1980, 94 Stat. 2587, 2591; renumbered

title I, Sec. 9, and amended Pub. L. 98-306, Sec. 2, 6, May 31,

1984, 98 Stat. 223, 224; renumbered Sec. 9 and amended Pub. L.

99-194, title I, Sec. 101(1), 109, Dec. 20, 1985, 99 Stat. 1332,

1339; Pub. L. 101-512, title III, Sec. 318 (title I, Sec. 108),

Nov. 5, 1990, 104 Stat. 1960, 1970; Pub. L. 103-171, Sec. 3(b)(2),

Dec. 2, 1993, 107 Stat. 1991.)

-MISC1-

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-171 substituted ''Assistant

Secretary for Aging'' for ''Commissioner on Aging''.

1990 - Subsec. (c)(7). Pub. L. 101-512, Sec. 318 (title I, Sec.

108(a)), added par. (7).

Subsec. (d). Pub. L. 101-512, Sec. 318 (title I, Sec. 108(b)),

struck out subsec. (d) which related to studies on Federal support

to museums and the impact of Institute of Museum Services and of

conservation and preservation practices.

1985 - Subsec. (b). Pub. L. 99-194, Sec. 109(1), substituted

''Chairperson'' for ''Chairman'' in two places in first sentence,

''presiding officer'' for ''Chairman'' in second sentence, and

''the President'' for ''he'' in last sentence.

Subsec. (c)(1). Pub. L. 99-194, Sec. 109(2), substituted

''Chairperson'' for ''Chairman'' wherever appearing.

Subsec. (d). Pub. L. 99-194, Sec. 109(3), added subsec. (d).

Former subsec. (d), relating to a study and report to the President

and the Congress on artistic employment opportunities, was struck

out.

Subsec. (e). Pub. L. 99-194, Sec. 109(3), struck out subsec. (e)

which provided for a study and report to the President and the

Congress on arts and artifacts indemnification.

1984 - Subsec. (b). Pub. L. 98-306, Sec. 6(a), inserted ''the

Director of the Institute of Museum Services,''.

Subsec. (c)(4). Pub. L. 98-306, Sec. 6(b), struck out ''and the

Institute of Museum Services'' after ''Foundation''.

1980 - Subsec. (b). Pub. L. 96-496, Sec. 106(a), 109(d), inserted

''the Commissioner on Aging,'' and substituted ''Secretary of

Education'' for ''United States Commissioner of Education''.

Subsec. (c)(6). Pub. L. 96-496, Sec. 106(b), added par. (6).

Subsecs. (d), (e). Pub. L. 96-496, Sec. 106(c), added subsecs.

(d) and (e).

1976 - Subsec. (c)(2), (3). Pub. L. 94-462, Sec. 208(1), (2),

added par. (2), redesignated former par. (2) as (3), and as so

redesignated inserted ''and the Institute of Museum Services,''

after ''Humanities,''. Former par. (3) redesignated (4).

Subsec. (c)(4), (5). Pub. L. 94-462, Sec. 208(1), (3),

redesignated former par. (3) as (4), inserted ''and the Institute

of Museum Services'' after ''Foundation'', and redesignated former

par. (4) as (5).

1973 - Subsec. (b). Pub. L. 93-133 included the Commissioner,

Public Buildings Service, General Service Administration, a member

designated by the Secretary of the Interior, a member designated by

the Chairman of the Senate Commission on Art and Antiquities, and a

member designated by the Speaker of the House, as members of the

Federal Council on the Arts and Humanities.

1970 - Subsec. (b). Pub. L. 91-346 included the Archivist of the

United States as a member of the Federal Council on the Arts and

Humanities.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section

318 (title IV, Sec. 403(a)) of Pub. L. 101-512, set out as a note

under section 951 of this title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-133 effective on and after July 1, 1973,

see section 2(b) of Pub. L. 93-133, set out a a note under section

951 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 971 of this title.

-CITE-

20 USC Sec. 959 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

-HEAD-

Sec. 959. Administrative provisions

-STATUTE-

(a) General authority of Chairpersons

In addition to any authorities vested in them by other provisions

of this subchapter, the Chairperson of the National Endowment for

the Arts and the Chairperson of the National Endowment for the

Humanities, in carrying out their respective functions, shall each

have authority -

(1) to prescribe such regulations as the Chairperson deems

necessary governing the manner in which the Chairperson's

functions shall be carried out;

(2) in the discretion of the Chairperson of an Endowment, after

receiving the recommendation of the National Council of that

Endowment, to receive money and other property donated,

bequeathed, or devised to that Endowment with or without a

condition or restriction, including a condition that the

Chairperson use other funds of that Endowment for the purposes of

the gift, except that a Chairperson may receive a gift without a

recommendation from the Council to provide support for any

application or project which can be approved without Council

recommendation under the provisions of sections 955(f) and 957(f)

of this title, and may receive a gift of $15,000, or less,

without Council recommendation in the event the Council fails to

provide such recommendation within a reasonable period of time,

and to use, sell, or otherwise dispose of such property for the

purpose of carrying out sections 954(c) and 956(c) of this title;

(3) to appoint employees, subject to the civil service laws, as

necessary to carry out the Chairperson's functions, define their

duties, and supervise and direct their activities;

(4) to utilize experts and consultants, including panels of

experts, who may be employed as authorized by section 3109 of

title 5;

(5) to accept and utilize the services of voluntary and

uncompensated personnel and reimburse them for travel expenses,

including per diem, as authorized by section 5703 of title 5 for

persons in the Government service employed without compensation;

(6) to make advance, progress, and other payments without

regard to section 3324 of title 31;

(7) to rent office space in the District of Columbia; and

(8) to make other necessary expenditures.

(b) Rules for distribution of donations, bequests, and devises;

gifts with or without conditions; transfers for tax purposes

(1) In any case in which any money or other property is donated,

bequeathed, or devised to the Foundation without designation of the

Endowment for the benefit of which such property is intended, and

without condition or restriction other than that it be used for the

purposes of the Foundation, such property shall be deemed to have

been donated, bequeathed, or devised in equal shares to each

Endowment and each Chairperson of an Endowment shall have authority

to receive such property.

(2) In any case in which any money or other property is donated,

bequeathed, or devised to the Foundation with a condition or

restriction, such property shall be deemed to have been donated,

bequeathed, or devised to that Endowment whose function it is to

carry out the purpose or purposes described or referred to by the

terms of such condition or restriction, and each Chairperson of an

Endowment shall have authority to receive such property.

(3) For the purposes of the preceding sentence, if one or more of

the purposes of such a condition or restriction is covered by the

functions of both Endowments, or if some of the purposes of such a

condition or restriction are covered by the functions of one

Endowment and other of the purposes of such a condition or

restriction are covered by the functions of the other Endowment,

the Federal Council on the Arts and the Humanities shall determine

an equitable manner for distribution between each of the Endowments

of the property so donated, bequeathed, or devised.

(4) For the purposes of the income tax, gift tax, and estate tax

laws of the United States, any money or other property donated,

bequeathed, or devised to the Foundation or one of its Endowments

and received by the Chairperson of an Endowment pursuant to

authority derived under this subsection shall be deemed to have

been donated, bequeathed, or devised to or for the use of the

United States.

(c) Advisory panels; membership; procedures

The Chairperson of the National Endowment for the Arts shall

utilize advisory panels to review applications, and to make

recommendations to the National Council on the Arts in all cases

except cases in which the Chairperson exercises authority delegated

under section 955(f) of this title. When reviewing applications,

such panels shall recommend applications for projects, productions,

and workshops solely on the basis of artistic excellence and

artistic merit. The Chairperson shall issue regulations and

establish procedures -

(1) to ensure that all panels are composed, to the extent

practicable, of individuals reflecting a wide geographic, ethnic,

and minority representation as well as individuals reflecting

diverse artistic and cultural points of view;

(2) to ensure that all panels include representation of lay

individuals who are knowledgeable about the arts but who are not

engaged in the arts as a profession and are not members of either

artists' organizations or arts organizations;

(3) to ensure that, when feasible, the procedures used by

panels to carry out their responsibilities are standardized;

(4) to require panels -

(A) to create written records summarizing -

(i) all meetings and discussions of such panel; and

(ii) the recommendations made by such panel to the Council;

and

(B) to make such records available to the public in a manner

that protects the privacy of individual applicants and panel

members;

(5) to require, when necessary and feasible, the use of site

visitations to view the work of the applicant and deliver a

written report on the work being reviewed, in order to assist

panelists in making their recommendations; and

(6) to require that the membership of each panel change

substantially from year to year and to provide that each

individual is ineligible to serve on a panel for more than 3

consecutive years.

In making appointments to panels, the Chairperson shall ensure that

an individual who has a pending application for financial

assistance under this subchapter, or who is an employee or agent of

an organization with a pending application, does not serve as a

member of any panel before which such application is pending. The

prohibition described in the preceding sentence shall commence with

respect to such individual beginning on the date such application

is submitted and shall continue for so long as such application is

pending.

(d) Endowment activities reports

The Chairperson of the National Endowment for the Arts and the

Chairperson of the National Endowment for the Humanities shall each

submit an annual report to the President for transmittal to the

Congress on or before the 15th day of April of each year. The

report shall summarize the activities of the Endowment for the

preceding year, and may include such recommendations as the

Chairperson deems appropriate.

(e) Council activities reports

The National Council on the Arts and the National Council on the

Humanities, respectively, may each submit an annual report to the

President for transmittal to the Congress on or before the 15th day

of April of each year setting forth a summary of its activities

during the preceding year or its recommendations for any measures

which it considers necessary or desirable.

(f) Post-award evaluation of assisted projects, productions, and

programs; reports; extension of time for compliance; failure to

satisfy purposes of assistance

(1) The Chairperson of the National Endowment for the Arts and

the Chairperson of the National Endowment for the Humanities shall

conduct a post-award evaluation of projects, productions, and

programs for which financial assistance is provided by their

respective Endowments under sections 954(c) and 956(c) of this

title. Such evaluation may include an audit to determine the

accuracy of the reports required to be submitted by recipients

under clauses (i) and (ii) of paragraph (2)(A). As a condition of

receiving such financial assistance, a recipient shall comply with

the requirements specified in paragraph (2) that are applicable to

the project, production, or program for which such financial

assistance is received.

(2)(A) The recipient of financial assistance provided by either

of the Endowments shall submit to the Chairperson of the Endowment

involved -

(i) a financial report containing such information as the

Chairperson deems necessary to ensure that such financial

assistance is expended in accordance with the terms and

conditions under which it is provided;

(ii) a report describing the project, production, or program

carried out with such financial assistance; and

(iii) if practicable, as determined by the Chairperson, a copy

of such project, production, or program.

(B) Such recipient shall comply with the requirements of this

paragraph not later than 90 days after the end of the period for

which such financial assistance is provided. The Chairperson may

extend the 90-day period only if the recipient shows good cause why

such an extension should be granted.

(3) If such recipient substantially fails to satisfy the purposes

for which such financial assistance is provided and the criteria

specified in subsection (c)(3)(A) (FOOTNOTE 1) of this section, as

determined by the Chairperson of the Endowment that provided such

financial assistance, then such Chairperson may -

(FOOTNOTE 1) So in original. Subsec. (c)(3) of this section

does not contain a subpar. (A).

(A) for purposes of determining whether to provide any

subsequent financial assistance, take into consideration the

results of the post-award evaluation conducted under this

subsection;

(B) prohibit the recipient of such financial assistance to use

the name of, or in any way associate such project, production, or

program with the Endowment that provided such financial

assistance; and

(C) if such project, production, or program is published,

require that the publication contain the following statement:

''The opinions, findings, conclusions, and recommendations

expressed herein do not reflect the views of the National

Endowment for the Arts or the National Endowment for the

Humanities.''

-SOURCE-

(Pub. L. 89-209, Sec. 10, Sept. 29, 1965, 79 Stat. 852; Pub. L.

90-348, Sec. 5, June 18, 1968, 82 Stat. 186; Pub. L. 91-346, Sec.

5(a)(3), 10, 11, July 20, 1970, 84 Stat. 443, 446; Pub. L. 93-133,

Sec. 2(a)(9), (10), Oct. 19, 1973, 87 Stat. 465; Pub. L. 96-496,

title I, Sec. 107, Dec. 4, 1980, 94 Stat. 2588; renumbered title I,

Sec. 10, Pub. L. 98-306, Sec. 2, May 31, 1984, 98 Stat. 223;

renumbered Sec. 10 and amended Pub. L. 99-194, title I, Sec.

101(1), 110, Dec. 20, 1985, 99 Stat. 1332, 1339; Pub. L. 101-512,

title III, Sec. 318 (title I, Sec. 109), Nov. 5, 1990, 104 Stat.

1960, 1970.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (a)(3), are set

forth in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

The income tax, gift tax, and estate tax laws of the United

States, referred to in subsec. (b)(4), are classified generally to

Title 26, Internal Revenue Code.

-COD-

CODIFICATION

In subsec. (a)(5), reference to ''section 5703 of title 5''

substituted for ''law (5 U.S.C. 73b-2)'' on authority of Pub. L.

89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section

of which enacted Title 5, Government Organization and Employees.

-MISC3-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-512, Sec. 318 (title I, Sec.

109(5)(A)), redesignated concluding provisions of subsec. (a) as

subsec. (b).

Subsec. (a)(4). Pub. L. 101-512, Sec. 318 (title I, Sec.

109(1)(A)), struck out ''from time to time, as appropriate,'' after

''to utilize''.

Subsec. (a)(6). Pub. L. 101-512, Sec. 318 (title I, Sec.

109(1)(B)), substituted ''section 3324 of title 31'' for ''the

provisions of section 3648 of the Revised Statutes (31 U.S.C.

529)''.

Subsec. (b). Pub. L. 101-512, Sec. 318 (title I, Sec. 109(9)),

which directed amendment of this section by striking the sixth

sentence and all that follows through ''pending.'' was executed by

striking all that follows through ''pending.'' the second place it

appeared to reflect the probable intent of Congress. The provisions

struck out read as follows: ''In selecting panels of experts under

clause (4) to review and make recommendations with respect to the

approval of applications for financial assistance under this

subchapter, each Chairperson shall appoint individuals who have

exhibited expertise and leadership in the field under review, who

broadly represent diverse characteristics in terms of aesthetic or

humanistic perspective, and geographical factors, and who broadly

represent cultural diversity. Each Chairperson shall assure that

the membership of panels changes substantially from year to year,

and that no more than 20 per centum of the annual appointments

shall be for service beyond the limit of three consecutive years on

a subpanel. In making appointments, each Chairperson shall give

due regard to the need for experienced as well as new members on

each panel. Panels of experts appointed to review or make

recommendations with respect to the approval of applications or

projects for funding by the National Endowment for the Arts shall,

when reviewing such applications and projects, recommend for

funding only applications and projects that in the context in which

they are presented, in the experts' view, foster excellence, are

reflective of exceptional talent, and have significant literary,

scholarly, cultural, or artistic merit. Whenever there is pending

an application submitted by an individual for financial assistance

under section 954(c) of this title, such individual may not serve

as a member of any subpanel (or panel where a subpanel does not

exist) before which such application is pending. The prohibition

described in the previous sentence shall commence on the date the

application is submitted and continue for so long as the

application is pending.''

Pub. L. 101-512, Sec. 318 (title I, Sec. 109(8)), which directed

amendment of the fifth sentence of this section by making the

substitution for ''For the purpose'', was executed by substituting

''(4) For the purposes'' for ''For the purposes'' to reflect the

probable intent of Congress.

Pub. L. 101-512, Sec. 318 (title I, Sec. 109(4)-(7)),

redesignated concluding provisions of subsec. (a) as subsec. (b),

inserted pars. (1), (2), and (3) designations, and struck out

''(A)'' before ''without designation'' and ''(B)'' before ''without

condition''. Former subsec. (b) redesignated (d).

Subsecs. (c) to (e). Pub. L. 101-512, Sec. 318 (title I, Sec.

109(3), (4), (9)), added subsec. (c), redesignated former subsecs.

(b) and (c) as (d) and (e), respectively, and struck out former

subsec. (e) which related to studies and reports on the state and

quality of arts and humanities education in public elementary and

secondary schools. Former subsec. (d) redesignated (f).

Subsec. (f). Pub. L. 101-512, Sec. 318 (title I, Sec.

109(2)-(4)), redesignated subsec. (d) as (f) and, in par. (3),

substituted ''subsection (c)(3)(A) of this section'' for ''the last

sentence of subsection (a) of this section'', and struck out former

subsec. (f) which related to report to Congress on selection of

experts for appointment to panels, and procedures for

recommendations on financial assistance applications.

1985 - Subsec. (a). Pub. L. 99-194, Sec. 110(1), substituted

''Chairperson'' for ''Chairman'' in two places in provisions

preceding cl. (1); in cl. (1) substituted ''the chairperson'' and

''the chairperson's'' for ''he'' and ''his'', respectively; in cl.

(2) substituted ''Chairperson'' for ''Chairman'' wherever

appearing; in cl. (3) substituted ''the Chairperson's'' for

''his''; in cl. (4) substituted ''section 3109 of title 5'' for

''section 15 of the Administrative Expenses Act of 1946, as amended

(5 U.S.C. 55a)'' and struck out proviso that any advisory panel

appointed to review or make recommendations with respect to the

approval of applications or projects for funding was to have broad

geographic and culturally diverse representation; and in provisions

following par. (8) substituted ''Chairperson'' for ''Chairman''

wherever appearing and inserted provisions relating to the

selection of a panel of experts to review financial assistance

applications and the considerations to be made in the review of

such applications.

Subsec. (b). Pub. L. 99-194, Sec. 110(2), substituted

''Chairperson'' for ''Chairman'' wherever appearing.

Subsecs. (d) to (f). Pub. L. 99-194, Sec. 110(3), added subsecs.

(d) to (f). Former subsec. (d), relating to studies and reports to

the President and the Congress on endowment uses of donations,

bequests, and devises, was struck out.

1980 - Subsec. (a)(4). Pub. L. 96-496, Sec. 107(a), inserted

''and culturally diverse''.

Subsecs. (b), (c). Pub. L. 96-496, Sec. 107(b), (c), substituted

''April'' for ''January''.

Subsec. (d). Pub. L. 96-496, Sec. 107(d), added subsec. (d).

1973 - Subsec. (a)(2). Pub. L. 93-133, Sec. 2(a)(9), added

exception that a Chairman may receive a gift without a

recommendation from the Council to provide support for any

application or project which can be approved without Council

recommendation under the provisions of sections 955(f) and 957(f)

of this title, and may receive a gift of $15,000 or less without

Council recommendation when the Council fails to recommend within a

reasonable period of time.

Subsec. (a)(4). Pub. L. 93-133, Sec. 2(a)(10), inserted proviso

that any advisory panel appointed to review or make recommendations

with respect to the approval of applications or projects for

funding shall have broad geographic representation.

1970 - Subsec. (a)(2). Pub. L. 91-346, Sec. 5(a)(3), struck out

reference to the functions transferred by section 955(a) of this

title.

Subsec. (a)(3) to (5). Pub. L. 91-346, Sec. 11(1)-(3), inserted

''to'' at beginning of cls. (3) to (5).

Subsec. (a)(6) to (8). Pub. L. 91-346, Sec. 10, 11(4), (5),

redesignated cls. (6) and (7), and all references thereto, as cls.

(7) and (8), added new cl. (6), and inserted ''to'' at beginning of

cls. (7) and (8).

1968 - Subsec. (a). Pub. L. 90-348 combined provisions of cls.

(2) and (3) into cl. (2), and, in cl. (2) as thus combined,

extended the area for the exercise of discretion of the Chairman of

an Endowment, after receiving the recommendation of the National

Council of that Endowment, in the disposition of gifts to include

both gifts made with condition and gifts made without condition,

redesignated cls. (4) to (8) as (3) to (7), and in provisions

following cl. (7), struck out references to cls. (2) and (3)

wherever appearing.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section

318 (title IV, Sec. 403(a)) of Pub. L. 101-512, set out as a note

under section 951 of this title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-133 effective on and after July 1, 1973,

see section 2(b) of Pub. L. 93-133, set out as a note under section

951 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by section 5(a)(3) of Pub. L. 91-346 effective after

June 30, 1970, see section 5(d)(3)(A) of Pub. L. 91-346, set out as

a note under section 955 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(d) of this section relating to transmitting annual reports to

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

page 183 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 954, 955, 956, 960 of

this title.

-CITE-

20 USC Sec. 960 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

-HEAD-

Sec. 960. Authorization of appropriations

-STATUTE-

(a) Contracts, grants-in-aid, and loans to groups, individuals,

public agencies, and private nonprofit organizations;

availability of appropriations; guidelines

(1)(A)(i) For the purpose of carrying out section 954(c) of this

title, there are authorized to be appropriated to the National

Endowment for the Arts $125,800,000 for fiscal year 1991 and such

sums as may be necessary for fiscal years 1992 and 1993.

(ii) For fiscal years -

(I) 1991 and 1992 not less than 25 percent of the amount

appropriated for the respective fiscal year; and

(II) 1993 not less than 27.5 percent of the amount appropriated

for such fiscal year;

shall be for carrying out section 954(g) of this title.

(iii) For fiscal years -

(I) 1991 and 1992 not less than 5 percent of the amount

appropriated for the respective fiscal year; and

(II) 1993 not less than 7.5 percent of the amount appropriated

for such fiscal year;

shall be for carrying out programs under section 954(p)(2) of this

title (relating to programs to expand public access to the arts in

rural and innercity areas). Not less than 50 percent of the funds

required by this clause to be used for carrying out such programs

shall be used for carrying out such programs in rural areas.

(B) For the purpose of carrying out section 956(c) of this title,

there are authorized to be appropriated to the National Endowment

for the Humanities $119,900,000 for fiscal year 1991 and such sums

as may be necessary for fiscal years 1992 and 1993. Of the sums so

appropriated for any fiscal year, not less than 20 per centum shall

be for carrying out section 956(f) of this title.

(2)(A) There are authorized to be appropriated for each fiscal

year ending before October 1, 1993, to the National Endowment for

the Arts an amount equal to the sum of -

(i) the total amounts received by such Endowment under section

959(a)(2) of this title, including the value of property donated,

bequeathed, or devised to such Endowment; and

(ii) the total amounts received by the grantees of such

Endowment from non-Federal sources, including the value of

property donated, bequeathed, or devised to such grantees, for

use in carrying out projects and other activities under paragraph

(1) through paragraph (10) of section 954(c) of this title;

except that the amounts so appropriated to the National Endowment

for the Arts shall not exceed $13,000,000 for fiscal year 1991 and

such sums as may be necessary for fiscal years 1992 and 1993.

(B) There are authorized to be appropriated for each fiscal year

ending before October 1, 1993, to the National Endowment for the

Humanities an amount equal to the sum of -

(i) the total amounts received by such Endowment under section

959(a)(2) of this title, including the value of property donated,

bequeathed, or devised to such Endowment; and

(ii) the total amounts received by the grantees and subgrantees

of such Endowment from non-Federal sources, including the value

of property donated, bequeathed, or devised to such grantees and

subgrantees, for use in carrying out activities under paragraph

(1) through paragraph (10) of section 956(c) of this title;

except that the amounts so appropriated to the National Endowment

for the Humanities shall not exceed $12,000,000 for fiscal year

1991 and such sums as may be necessary for fiscal years 1992 and

1993.

(3)(A) There are authorized to be appropriated for each fiscal

year ending before October 1, 1993, to the National Endowment for

the Arts an amount equal to the sum of -

(i) the total amounts received by such Endowment, including the

value of property donated, bequeathed, or devised to such

Endowment, for the purposes set forth in section 954(p)(1) of

this title pursuant to the authority of section 959(a)(2) of this

title; and

(ii) the total amounts received by the grantees of such

Endowment from non-Federal sources, including the value of

property donated, bequeathed, or devised to such grantees, for

use in carrying out activities under subparagraph (A) through

subparagraph (F) of section 954(p)(1) of this title;

except that the amounts so appropriated to such Endowment shall not

exceed $15,000,000 for fiscal year 1991 and such sums as may be

necessary for fiscal years 1992 and 1993.

(B) There are authorized to be appropriated for each fiscal year

ending before October 1, 1993, to the National Endowment for the

Humanities an amount equal to the sum of -

(i) the total amounts received by such Endowment, including the

value of property donated, bequeathed, or devised to such

Endowment, for the purposes set forth in section 956(h)(1) of

this title pursuant to the authority of section 959(a)(2) of this

title; and

(ii) the total amounts received by the grantees of such

Endowment from non-Federal sources, including the value of

property donated, bequeathed, or devised to such grantees, for

use in carrying out activities under subparagraph (A) through

subparagraph (F) of section 956(h)(1) of this title;

except that the amounts so appropriated to such Endowment shall not

exceed $15,150,000 for fiscal year 1991 and such sums as may be

necessary for fiscal years 1992 and 1993.

(C) Sums appropriated pursuant to subparagraph (A) and

subparagraph (B) for any fiscal year shall remain available for

obligation and expenditure until expended.

(4) The Chairperson of the National Endowment for the Arts and

the Chairperson of the National Endowment for the Humanities, as

the case may be, shall issue guidelines to implement the provisions

of paragraph (2) and paragraph (3). Such guidelines shall be

consistent with the requirements of section 954(e), section

954(l)(2), (FOOTNOTE 1) section 956(f), and section 956(h)(2) of

this title, as the case may be, regarding total Federal support of

activities, programs, projects, or productions carried out under

authority of this subchapter.

(FOOTNOTE 1) See References in Text note below.

(b) Availability of appropriated unexpended funds; notice of

availability of funds by advance appropriation

(1) Sums appropriated pursuant to subsection (a) of this section

for any fiscal year shall remain available for obligation and

expenditure until expended.

(2) In order to afford adequate notice to interested persons of

available assistance under this subchapter, appropriations

authorized under subsection (a) of this section are authorized to

be included in the measure making appropriations for the fiscal

year preceding the fiscal year for which such appropriations become

available for obligation.

(c) Administrative appropriations

(1) There are authorized to be appropriated to the National

Endowment for the Arts $21,200,000'' (FOOTNOTE 2) for fiscal year

1991 and such sums as may be necessary for fiscal years 1992 and

1993, to administer the provisions of this subchapter, or any other

program for which the Chairperson of the National Endowment for the

Arts is responsible, including not to exceed $50,000 for each such

fiscal year for official reception and representation expenses.

The total amount which may be obligated or expended for such

expenses for fiscal year 1995 through the use of appropriated funds

or any other source of funds shall not exceed $100,000.

(FOOTNOTE 2) So in original. The closing quotation marks

probably should not appear.

(2) There are authorized to be appropriated to the National

Endowment for the Humanities $17,950,000 for fiscal year 1991 and

such sums as may be necessary for fiscal years 1992 and 1993, to

administer the provisions of this subchapter, or any other program

for which the Chairperson of the National Endowment for the

Humanities is responsible, including not to exceed $50,000 for each

such fiscal year for official reception and representation

expenses. The total amount which may be obligated or expended for

such expenses for fiscal year 1995 through the use of appropriated

funds or any other source of funds shall not exceed $100,000.

(d) Total amount of appropriations

(1) The total amount of appropriations to carry out the

activities of the National Endowment for the Arts shall not exceed

-

(A) $167,060,000 for fiscal year 1986,

(B) $170,206,400 for fiscal year 1987, and

(C) $177,014,656 for fiscal year 1988.

(2) The total amount of appropriations to carry out the

activities for the National Endowment for the Humanities shall not

exceed -

(A) $139,878,000 for fiscal year 1986,

(B) $145,057,120 for fiscal year 1987, and

(C) $150,859,405 for fiscal year 1988.

(e) Prohibition of grants to production workshops using admission

proceeds for unauthorized purposes

No grant shall be made to a workshop (other than a workshop

conducted by a school, college, or university) for a production for

which a direct or indirect admission charge is asked if the

proceeds, after deducting reasonable costs, are used for purposes

other than assisting the grantee to develop high standards of

artistic excellence or encourage greater appreciation of the arts

and humanities by our citizens.

(f) Availability of appropriations for arts education

(1) Subject to subparagraph (2), in any fiscal year in which the

aggregate amount appropriated to the National Endowment for the

Arts exceeds $175,000,000, 50 percent of such excess shall be

available to carry out section 954a of this title.

(2) In each fiscal year, the amount made available to carry out

section 954a of this title shall not exceed $40,000,000, in the

aggregate.

(3) Funds made available to carry out section 954a of this title

shall remain available until expended.

-SOURCE-

(Pub. L. 89-209, Sec. 11, Sept. 29, 1965, 79 Stat. 853; Pub. L.

90-348, Sec. 6, June 18, 1968, 82 Stat. 187; Pub. L. 91-346, Sec.

5(a)(4), 12, July 20, 1970, 84 Stat. 444, 446; Pub. L. 93-133, Sec.

2(a)(11), Oct. 19, 1973, 87 Stat. 465; Pub. L. 94-462, title I,

Sec. 106(a), title III, Sec. 302, title IV, Sec. 401(b), Oct. 8,

1976, 90 Stat. 1974, 1980, 1981; Pub. L. 94-555, title II, Sec.

219(b), Oct. 19, 1976, 90 Stat. 2629; Pub. L. 96-496, title I, Sec.

108, Dec. 4, 1980, 94 Stat. 2589; renumbered title I, Sec. 11, and

amended Pub. L. 98-306, Sec. 2, 7, May 31, 1984, 98 Stat. 223, 224;

renumbered Sec. 11 and amended Pub. L. 99-194, title I, Sec.

101(1), 111, Dec. 20, 1985, 99 Stat. 1332, 1342; Pub. L. 99-362,

Sec. 1, July 9, 1986, 100 Stat. 769; Pub. L. 101-512, title III,

Sec. 318 (title I, Sec. 103(i)(2), 110), Nov. 5, 1990, 104 Stat.

1960, 1966, 1972; Pub. L. 103-382, title III, Sec. 371, Oct. 20,

1994, 108 Stat. 3977.)

-REFTEXT-

REFERENCES IN TEXT

Section 954(l)(2) of this title, referred to in subsec. (a)(4),

was redesignated section 954(p)(3) by Pub. L. 101-512, title III,

Sec. 318 (title I, Sec. 103(g)(1), (h)(1), 104(2)), Nov. 5, 1990,

104 Stat. 1960, 1964, 1965, 1966.

-MISC2-

PRIOR PROVISIONS

This subchapter, Pub. L. 89-209, Sept. 29, 1965, 79 Stat. 845,

consisted originally of additional sections 12, 13, and 14, which

were classified to sections 961, 962, and 963 of this title prior

to repeal. For further details, see Prior Provisions notes set out

under sections 961 to 963 of this title.

AMENDMENTS

1994 - Subsec. (c)(1), (2). Pub. L. 103-382 substituted ''fiscal

year 1995'' for ''any fiscal year'' and ''shall not exceed

$100,000'' for ''shall not exceed $50,000''.

1990 - Subsec. (a)(1)(A). Pub. L. 101-512, Sec. 318 (title I,

Sec. 110(a)), designated existing provisions as cl. (i),

substituted ''$125,800,000 for fiscal year 1991 and such sums as

may be necessary for fiscal years 1992 and 1993'' for

''$121,678,000 for fiscal year 1986, $123,425,120 for fiscal year

1987, $128,362,125 for fiscal year 1988, and such sums as may be

necessary for each of the fiscal years 1989 and 1990'', struck out

at end ''Of the sums so appropriated for any fiscal year, not less

than 20 per centum shall be for carrying out section 954(g) of this

title.'', and added cls. (ii) and (iii).

Subsec. (a)(1)(B). Pub. L. 101-512, Sec. 318 (title I, Sec.

110(b)), substituted ''$119,900,000 for fiscal year 1991 and such

sums as may be necessary for fiscal years 1992 and 1993'' for

''$95,207,000 for fiscal year 1986, $99,015,280 for fiscal year

1987, $102,975,891 for fiscal year 1988, and such sums as may be

necessary for each of the fiscal years 1989 and 1990;''.

Subsec. (a)(1)(C). Pub. L. 101-512, Sec. 318 (title I, Sec.

110(c)), struck out subpar. (C) which related to appropriations for

the National Endowment for the Arts for the fiscal year ending

September 30, 1977.

Subsec. (a)(2)(A). Pub. L. 101-512, Sec. 318 (title I, Sec.

110(d)(1)), substituted ''1993'' for ''1990'' in introductory

provisions and ''paragraph (10)'' for ''paragraph (8)'' in cl.

(ii), and in closing provisions substituted ''$13,000,000 for

fiscal year 1991 and such sums as may be necessary for fiscal years

1992 and 1993'' for ''$8,820,000 for fiscal year 1986, $9,172,800

for fiscal year 1987, $9,539,712 for fiscal year 1988, and such

sums as may be necessary for each of the fiscal years 1989 and

1990''.

Subsec. (a)(2)(B). Pub. L. 101-512, Sec. 318 (title I, Sec.

110(d)(2)), substituted ''1993'' for ''1990'' in introductory

provisions and ''paragraph (10)'' for ''paragraph (9)'' in cl.

(ii), and in closing provisions substituted ''$12,000,000 for

fiscal year 1991 and such sums as may be necessary for fiscal years

1992 and 1993'' for ''$10,780,000 for fiscal year 1986, $11,211,200

for fiscal year 1987, $11,659,648 for fiscal year 1988, and such

sums as may be necessary for each of the fiscal years 1989 and

1990''.

Subsec. (a)(3)(A). Pub. L. 101-512, Sec. 318 (title I, Sec.

110(d)(3)), in introductory provisions, substituted ''1993'' for

''1990'' and in closing provisions, substituted ''$15,000,000 for

fiscal year 1991 and such sums as may be necessary for fiscal years

1992 and 1993'' for ''$20,580,000 for fiscal year 1986, $21,403,200

for fiscal year 1987, $22,259,328 for fiscal year 1988, and such

sums as may be necessary for each of the fiscal years 1989 and

1990''.

Subsec. (a)(3)(A)(i), (ii). Pub. L. 101-512, Sec. 318 (title I,

Sec. 103(i)(2)(A)(i)), substituted ''954(p)(1)'' for ''954(l)(1)''.

Subsec. (a)(3)(B). Pub. L. 101-512, Sec. 318 (title I, Sec.

110(d)(4)), in introductory provisions, substituted ''1993'' for

''1990'' and in closing provisions, substituted ''$15,150,000 for

fiscal year 1991 and such sums as may be necessary for fiscal years

1992 and 1993'' for ''$19,600,000 for fiscal year 1986, $20,384,000

for fiscal year 1987, $21,199,360 for fiscal year 1988, and such

sums as may be necessary for each of the fiscal years 1989 and

1990''.

Subsec. (a)(3)(C). Pub. L. 101-512, Sec. 318 (title I, Sec.

110(e)), redesignated subpar. (D) as (C) and struck out former

subpar. (C) which read as follows: ''If either Chairperson

determines at the end of the ninth month of any fiscal year that

funds which would otherwise be available under this paragraph to an

Endowment cannot be used, the Chairperson shall transfer such funds

to the other Endowment for the purposes described in section

954(p)(1) or section 956(h)(1) of this title, as may be

necessary.''

Pub. L. 101-512, Sec. 318 (title I, Sec. 103(i)(2)(A)(ii)),

substituted ''954(p)(1)'' for ''954(l)(1)''.

Subsec. (a)(3)(D). Pub. L. 101-512, Sec. 318 (title I, Sec.

110(e)(2)), redesignated subpar. (D) as (C).

Subsec. (a)(4). Pub. L. 101-512, Sec. 318 (title I, Sec.

103(i)(2)(B)), which directed the substitution of ''954(p)(1)'' for

''954(l)(1)'', could not be executed because ''954(l)(1)'' does not

appear in text.

Subsec. (c)(1). Pub. L. 101-512, Sec. 110(f)((1)), substituted

''$21,200,000'' for fiscal year 1991 and such sums as may be

necessary for fiscal years 1992 and 1993'' for ''$15,982,000 for

fiscal year 1986, $16,205,280 for fiscal year 1987, $16,853,491 for

fiscal year 1988, and such sums as may be necessary for each of the

fiscal years 1989 and 1990'' and ''$50,000'' for ''$35,000''

wherever appearing.

Subsec. (c)(2). Pub. L. 101-512, Sec. 110(f)(2), substituted

''$17,950,000 for fiscal year 1991 and such sums as may be

necessary for fiscal years 1992 and 1993'' for ''$14,291,000 for

fiscal year 1986, $14,446,640 for fiscal year 1987, $15,024,506 for

fiscal year 1988, and such sums as may be necessary for each of the

fiscal years 1989 and 1990'' and ''$50,000'' for ''$35,000''

wherever appearing.

Subsec. (f). Pub. L. 101-512, Sec. 110(g), added subsec. (f).

1986 - Subsec. (a)(2)(A)(ii). Pub. L. 99-362, Sec. 1(1),

substituted ''paragraph (8)'' for ''paragraph (5)''.

Subsec. (a)(2)(B)(ii). Pub. L. 99-362, Sec. 1(2), substituted

''paragraph (9)'' for ''paragraph (7)''.

1985 - Subsec. (a)(1)(A). Pub. L. 99-194, Sec. 111(a)(1),

substituted ''$121,678,000 for fiscal year 1986, $123,425,120 for

fiscal year 1987, $128,362,125 for fiscal year 1988, and such sums

as may be necessary for each of the fiscal years 1989 and 1990''

for ''$115,500,000 for fiscal year 1981, $127,000,000 for fiscal

year 1982, $140,000,000 for fiscal year 1983, $128,500,000 for

fiscal year 1984, and such sums as may be necessary for fiscal year

1985''.

Subsec. (a)(1)(B). Pub. L. 99-194, Sec. 111(a)(2), substituted

''$95,207,000 for fiscal year 1986, $99,015,280 for fiscal year

1987, $102,975,891 for fiscal year 1988, and such sums as may be

necessary for each of the fiscal years 1989 and 1990;'' for

''$114,500,000 for fiscal year 1981, $126,000,000 for fiscal year

1982, $138,500,000 for fiscal year 1983, $127,000,000 for fiscal

year 1984, and such sums as may be necessary for fiscal year

1985''.

Subsec. (a)(2)(A). Pub. L. 99-194, Sec. 111(b)(1)(A), substituted

''October 1, 1990'' for ''October 1, 1985'' and ''$8,820,000 for

fiscal year 1986, $9,172,800 for fiscal year 1987, $9,539,712 for

fiscal year 1988, and such sums as may be necessary for each of the

fiscal years 1989 and 1990'' for ''$18,500,000 for fiscal year

1981, $18,500,000 for fiscal year 1982, $18,500,000 for fiscal year

1983, $10,000,000 for fiscal year 1984, and such sums as may be

necessary for fiscal year 1985''.

Subsec. (a)(2)(B). Pub. L. 99-194, Sec. 111(b)(1)(B), substituted

''October 1, 1990'' for ''October 1, 1985'' in provisions preceding

cl. (i), substituted ''grantees and subgrantees'' for ''grantees''

in two places in cl. (ii), and in provisions following cl. (ii)

substituted ''$10,780,000 for fiscal year 1986, $11,211,200 for

fiscal year 1987, $11,659,648 for fiscal year 1988, and such sums

as may be necessary for each of the fiscal years 1989 and 1990''

for ''$12,500,000 for fiscal year 1981, $14,000,000 for fiscal year

1982, $15,000,000 for fiscal year 1983, $11,500,000 for fiscal year

1984, and such sums as may be necessary for fiscal year 1985''.

Subsec. (a)(3)(A). Pub. L. 99-194, Sec. 111(b)(2)(A), substituted

''October 1, 1990'' for ''October 1, 1985'' and ''$20,580,000 for

fiscal year 1986, $21,403,200 for fiscal year 1987, $22,259,328 for

fiscal year 1988, and such sums as may be necessary for each of the

fiscal years 1989 and 1990'' for ''$27,000,000 for fiscal year

1981, $30,000,000 for fiscal year 1982, $32,500,000 for fiscal year

1983, $28,000,000 for fiscal year 1984, and such sums as may be

necessary for fiscal year 1985''.

Subsec. (a)(3)(B). Pub. L. 99-194, Sec. 111(b)(2)(B), substituted

''October 1, 1990'' for ''October 1, 1985'' and ''$19,600,000 for

fiscal year 1986, $20,384,000 for fiscal year 1987, $21,199,360 for

fiscal year 1988, and such sums as may be necessary for each of the

fiscal years 1989 and 1990'' for ''$30,000,000 for fiscal year

1981, $33,000,000 for fiscal year 1982, $36,000,000 for fiscal year

1983, $20,000,000 for fiscal year 1984, and such sums as may be

necessary for fiscal year 1985''.

Subsec. (a)(3)(C). Pub. L. 99-194, Sec. 111(b)(2)(C), substituted

''either Chairperson'' for ''either Chairman'' and ''the

Chairperson'' for ''he''.

Subsec. (a)(4). Pub. L. 99-194, Sec. 111(b)(3), substituted

''Chairperson'' for ''Chairman'' wherever appearing.

Subsec. (c)(1). Pub. L. 99-194, Sec. 111(c)(1), (3), substituted

''$15,982,000 for fiscal year 1986, $16,205,280 for fiscal year

1987, $16,853,491 for fiscal year 1988, and such sums as may be

necessary for each of the fiscal years 1989 and 1990'' for

''$14,000,000 for fiscal year 1981, $15,000,000 for fiscal year

1982, $16,000,000 for fiscal year 1983, $17,000,000 for fiscal year

1984, and $18,000,000 for fiscal year 1985'' and ''Chairperson''

for ''Chairman''.

Subsec. (c)(2). Pub. L. 99-194, Sec. 111(c)(2), (3), substituted

''$14,291,000 for fiscal year 1986, $14,446,640 for fiscal year

1987, $15,024,506 for fiscal year 1988, and such sums as may be

necessary for each of the fiscal years 1989 and 1990'' for

''$13,000,000 for fiscal year 1981, $14,500,000 for fiscal year

1982, $15,500,000 for fiscal year 1983, $16,500,000 for fiscal year

1984, and $17,500,000 for fiscal year 1985'' and ''Chairperson''

for ''Chairman''.

Subsecs. (d), (e). Pub. L. 99-194, Sec. 111(d), added subsec.

(d), redesignated former subsec. (d) as (e), and struck out ''under

this subchapter'' after ''No grant shall be made''.

1984 - Subsec. (a)(1)(A). Pub. L. 98-306, Sec. 7(a)(1)(A),

substituted ''$128,500,000 for fiscal year 1984, and such sums as

may be necessary'' for ''$154,000,000 for fiscal year 1984, and

$170,000,000''.

Subsec. (a)(1)(B). Pub. L. 98-306, Sec. 7(a)(1)(B), substituted

''$127,000,000 for fiscal year 1984, and such sums as may be

necessary'' for ''$152,000,000 for fiscal year 1984, and

$167,500,000''.

Subsec. (a)(2)(A). Pub. L. 98-306, Sec. 7(a)(2)(A), substituted

''$10,000,000 for fiscal year 1984, and such sums as may be

necessary'' for ''$20,000,000 for fiscal year 1984, and

$22,500,000''.

Subsec. (a)(2)(B). Pub. L. 98-306, Sec. 7(a)(2)(B), substituted

''$11,500,000 for fiscal year 1984, and such sums as may be

necessary'' for ''$16,500,000 for fiscal year 1984, and

$18,500,000''.

Subsec. (a)(3)(A). Pub. L. 98-306, Sec. 7(a)(3)(A), substituted

''$28,000,000 for fiscal year 1984, and such sums as may be

necessary'' for ''$36,000,000 for fiscal year 1984, and

$40,000,000''.

Subsec. (a)(3)(B). Pub. L. 98-306, Sec. 7(a)(3)(B), substituted

''$20,000,000 for fiscal year 1984, and such sums as may be

necessary'' for ''$40,000,000 for fiscal year 1984, and

$44,000,000''.

Subsec. (d). Pub. L. 98-306, Sec. 7(b), inserted ''under this

subchapter''.

1980 - Subsec. (a)(1)(A). Pub. L. 96-496, Sec. 108(a),

substituted ''to the National Endowment for the Arts $115,500,000

for fiscal year 1981, $127,000,000 for fiscal year 1982,

$140,000,000 for fiscal year 1983, $154,000,000 for fiscal year

1984, and $170,000,000 for fiscal year 1985'' for ''$93,500,000 for

fiscal year 1977, $105,000,000 for fiscal year 1978, and such sums

as may be necessary for fiscal years 1979 and 1980''.

Subsec. (a)(1)(B). Pub. L. 96-496, Sec. 108(b), substituted

''$114,500,000 for fiscal year 1981, $126,000,000 for fiscal year

1982, $138,500,000 for fiscal year 1983, $152,000,000 for fiscal

year 1984, and $167,500,000 for fiscal year 1985'' for

''$93,500,000 for fiscal year 1977, $105,000,000 for fiscal year

1978, and such sums as may be necessary for fiscal years 1979 and

1980''.

Subsec. (a)(2). Pub. L. 96-496, Sec. 108(c), substituted

provisions authorizing appropriations for each fiscal year ending

before Oct. 1, 1985, for the National Endowments for the Arts and

for the Humanities for provisions authorizing appropriations for

such endowments for each fiscal year ending prior to Oct. 1, 1980.

Subsec. (a)(3)(A). Pub. L. 96-496, Sec. 108(d), substituted

provisions authorizing appropriations for each fiscal year ending

before Oct. 1, 1985, for the National Endowment for the Arts for

provisions authorizing appropriations for such endowment for fiscal

years ending before Oct. 1, 1980.

Subsec. (a)(3)(B). Pub. L. 96-496, Sec. 108(e), substituted

provisions authorizing appropriations for each fiscal year ending

before Oct. 1, 1985, for the National Endowment for the Humanities

for provisions authorizing appropriations for such endowment for

fiscal years ending before Oct. 1, 1980.

Subsec. (a)(4). Pub. L. 96-496, Sec. 108(f), substituted

provisions authorizing the Chairmen of the National Endowments for

the Arts and for the Humanities to issue guidelines for the

implementation of the provisions of pars. (2) and (3) of this

subsection for provisions authorizing and allocating appropriations

for the National Endowment for the Arts for the purpose of carrying

out subsec. (m) of section 954 of this title.

Subsec. (c). Pub. L. 96-496, Sec. 108(g), substituted provisions

authorizing specific appropriations for administrative expenses of

the National Endowments for the Arts and for the Humanities for

fiscal years 1981 to 1985 for provisions authorizing appropriations

for administrative expenses of such endowments of such sums as were

necessary.

1976 - Subsec. (a)(1)(A). Pub. L. 94-462, Sec. 106(a)(1)(A),

substituted provisions authorizing appropriations of $93,500,000

for fiscal year 1977, $105,000,000 for fiscal year 1978, and such

sums as are necessary for fiscal years 1979 and 1980 to carry out

section 954(c) of this title and such sums so appropriated for any

fiscal year, not less than 20 per centum to carry out section

954(g) of this title for provisions authorizing appropriations of

$54,000,000, $90,000,000, and $113,500,000 for the fiscal years

ending June 30, 1974, June 30, 1975, and June 30, 1976,

respectively, to the National Endowment for the Arts to carry out

section 954(c) of this title and to carry out section 954(g) of

this title $11,000,000 for the fiscal year ending June 30, 1974 and

requiring that not less than 20 per centum of funds appropriated

for section 954(c) of this title may be used only for purpose of

section 954(g) of this title for fiscal years ending June 30, 1975

and June 30, 1976.

Subsec. (a)(1)(B). Pub. L. 94-462, Sec. 106(a)(1)(B), substituted

provisions authorizing appropriations of $93,500,000 for fiscal

year 1977, $105,000,000 for fiscal year 1978, and such sums as may

be necessary for fiscal years 1979 and 1980, not less than 20 per

centum of such appropriated funds shall be to carry out section

956(f) of this title for provisions authorizing appropriations of

$65,000,000 for the fiscal year ending June 30, 1974, $90,000,000

for the fiscal year ending June 30, 1975, and $113,500,000 for the

fiscal year ending June 30, 1976.

Subsec. (a)(1)(C). Pub. L. 94-555 added subpar. (C).

Subsec. (a)(2). Pub. L. 94-462, Sec. 106(a)(2), substituted

''October 1, 1980'' for ''July 1, 1976'' and provisions authorizing

appropriations not to exceed $20,000,000 for fiscal year 1977,

$25,000,000 for fiscal year 1978, and such sums as may be necessary

for fiscal years 1979 and 1980 for provisions authorizing

appropriations not to exceed $15,000,000 for fiscal year ending

June 30, 1974, $20,000,000 for fiscal year ending June 30, 1975,

and $25,000,000 for fiscal year ending June 30, 1976.

Subsec. (a)(3), (4). Pub. L. 94-462, Sec. 302, 401(b), added

pars. (3) and (4).

Subsec. (c). Pub. L. 94-462, Sec. 106(a)(3), inserted reference

to any program for which the Chairman of the National Endowment for

the Arts or the Chairman of the National Endowment for the

Humanities is responsible.

1973 - Subsec. (a)(1). Pub. L. 93-133 incorporated into subpar.

(A) provisions relating to the authorization of appropriation for

carrying out section 954(c) of this title, substituted

authorization of appropriation for fiscal years ending June 30,

1974, 1975, 1976 for such authorization for fiscal years 1969

through 1973, and inserted provisions for authorization of

appropriation for carrying out section 954(g) of this title, and,

in subpar. (B), incorporated provisions of former subsec. (a)

relating to authorization of appropriation for carrying out section

956(c) of this title, and substituted authorization of

appropriation for fiscal years ending June 30, 1974, 1975, and

1976, for such authorization for 1969 through 1973.

Subsec. (a)(2). Pub. L. 93-133 incorporated provisions of former

subsec. (b) relating to matching grants and substituted new

limitations for fiscal years ending June 30, 1974, 1975, and 1976

for such limitations for 1969 through 1973.

Subsec. (b)(1). Pub. L. 93-133 incorporated provisions formerly

contained in subsecs. (a) and (b) relating to the availability of

unexpended appropriated funds.

Subsec. (b)(2). Pub. L. 93-133 added par. (2).

1970 - Subsec. (a). Pub. L. 91-346, Sec. 5(a)(4), 12(a), struck

out reference to the functions transferred by section 955(a) of

this title, added appropriations to the National Endowment for the

Arts of $12,875,000, $21,000,000, and $28,625,000 for the fiscal

years ending June 30, 1971, 1972, and 1973, respectively, for the

purpose of carrying out section 954(c) of this title, and

$4,125,000, $5,500,000, and $6,875,000 for the fiscal years ending

June 30, 1971, 1972, and 1973, respectively, for the purposes of

section 954(h) of this title, and further appropriated to the

National Endowment for the Humanities $17,000,000, $26,500,000,

$35,500,000 for the fiscal years ending June 30, 1971, 1972, and

1973, respectively, for the purpose of carrying out section 956(c)

of this title.

Subsec. (b). Pub. L. 91-346, Sec. 12(b), placed limitation on

appropriation to each Endowment based on an amount equal to the

total of amounts received by each Endowment under section 959(a)(2)

of this title by placing ceilings of $6,000,000, $7,000,000, and

$9,000,000 on the amounts appropriated for the fiscal years ending

June 30, 1971, 1972, and 1973, respectively.

1968 - Subsec. (a). Pub. L. 90-348, Sec. 6(a), substituted

provisions which authorized for the enumerated purposes

appropriations totaling $8,000,000 for the fiscal year ending June

30, 1969, and $9,000,000 for the fiscal year ending June 30, 1970

to both the National Endowment for the Arts and the National

Endowment for the Humanities, and which authorized the Congress to

appropriate funds for subsequent fiscal years for provisions which

authorized for grants to groups and individuals for projects and

productions, for grants for activities authorized by the Chairman

of the National Endowment for the Humanities, and for the functions

of the National Council on the Arts in the National Endowment for

the Arts appropriations of $10,000,000 for the fiscal year ending

June 30, 1966, and each of the two succeeding fiscal years, and

that the funds appropriated be equally divided between the

Endowments of the Foundation.

Subsec. (b). Pub. L. 90-348, Sec. 6(b), substituted provisions

authorizing appropriations not to exceed $13,500,000 for the fiscal

years ending June 30, 1969, and June 30, 1970, and authorizing the

Congress to appropriate funds for subsequent fiscal years for

provisions authorizing appropriations for the National Endowment

for the Arts not to exceed $2,250,000 for any fiscal year, and

authorizing appropriations for the National Endowment for the

Humanities not to exceed $5,000,000 for any fiscal year.

Subsecs. (c) to (e). Pub. L. 90-348, Sec. 6(c), (d), struck out

subsec. (c) which authorized appropriations for the National

Endowment for the Arts for each fiscal year, beginning with the

fiscal year beginning on July 1, 1966, of $2,750,000, and

redesignated subsecs. (d) and (e) as (c) and (d), respectively.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section

318 (title IV, Sec. 403) of Pub. L. 101-512, set out as a note

under section 951 of this title.

EFFECTIVE DATE OF 1976 AMENDMENTS

Amendment by Pub. L. 94-555 effective Oct. 1, 1976, see section

303 of Pub. L. 94-555, set out as a note under section 702 of Title

45, Railroads.

Section 106(b) of Pub. L. 94-462 provided that: ''The amendments

made by subsection (a) (amending this section) shall be effective

with respect to fiscal year 1977 and succeeding fiscal years.''

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-133 effective on and after July 1, 1973,

see section 2(b) of Pub. L. 93-133, set out as a note under section

951 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by section 5(a)(4) of Pub. L. 91-346 effective after

June 30, 1970, see section 5(d)(3)(A) of Pub. L. 91-346, set out as

a note under section 955 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 955, 956, 957 of this

title.

-CITE-

20 USC SUBCHAPTER II - MUSEUM SERVICES 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

SUBCHAPTER II - MUSEUM SERVICES

.

-HEAD-

SUBCHAPTER II - MUSEUM SERVICES

-CITE-

20 USC Sec. 961 to 969 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM

SERVICES

SUBCHAPTER II - MUSEUM SERVICES

-HEAD-

Sec. 961 to 969. Omitted

-COD-

CODIFICATION

The Museum Services Act (Pub. L. 94-462, title II, Oct. 8, 1976,

90 Stat. 1975, as amended), which was classified to this subchapter

(Sec. 961 to 963 and 964 to 969), was amended generally by Pub. L.

104-208, div. A, title I, Sec. 101(e) (title VII, Sec. 702), Sept.

30, 1996, 110 Stat. 3009-233, 3009-293, and transferred to chapter

72 (Sec. 9101 et seq.) of this title.

Section 961, Pub. L. 94-462, title II, Sec. 202, Oct. 8, 1976, 90

Stat. 1975, related to declaration of purpose of this subchapter.

A prior section 961, Pub. L. 89-209, Sec. 12, Sept. 29, 1965, 79

Stat. 854; Pub. L. 90-575, title V, Sec. 501, Oct. 16, 1968, 82

Stat. 1061, related to State educational agencies' acquisition of

equipment, remodeling of laboratories, and making loans to

strengthen instruction in the humanities and the arts, providing

in: subsec. (a) appropriations authorization; subsec. (b)

reservation, allotment and reallotment of funds as provided in

section 442(a) and (c) of this title; subsec. (c) State plan,

submission, requirements, terms and conditions; subsec. (d)

approval of State plan by Commissioner, application of section

584(b) and (c) of this title; subsec. (e) payments to States as

provided in section 444 of this title; and subsec. (f)

administration of loans to schools as provided in section 445 of

this title, prior to repeal by Pub. L. 91-230, title VIII, Sec.

807(b), Apr. 13, 1970, 84 Stat. 192.

Section 962, Pub. L. 94-462, title II, Sec. 203, Oct. 8, 1976, 90

Stat. 1975; Pub. L. 96-496, title II, Sec. 201(a), Dec. 4, 1980, 94

Stat. 2591; Pub. L. 98-306, Sec. 8, May 31, 1984, 98 Stat. 225,

related to establishment of Institute of Museum Services, within

National Foundation on Arts and Humanities, consisting of National

Museum Services Board and Director of Institute. See sections 9102

and 9103 of this title.

A prior section 962, Pub. L. 89-209, Sec. 13, Sept. 29, 1965, 79

Stat. 855, provided for appropriation to Commissioner of Education

of funds for grants and contracts for operation of institutes to

strengthen teaching of humanities and the arts, prior to repeal by

Pub. L. 93-133, Sec. 2(a)(12), Oct. 19, 1973, 87 Stat. 465.

Section 963, Pub. L. 94-462, title II, Sec. 204, Oct. 8, 1976, 90

Stat. 1975; Pub. L. 96-496, title II, Sec. 201(b), Dec. 4, 1980, 94

Stat. 2592; Pub. L. 98-306, Sec. 9, May 31, 1984, 98 Stat. 225;

Pub. L. 99-194, title II, Sec. 201, Dec. 20, 1985, 99 Stat. 1344;

Pub. L. 101-512, title III, Sec. 318 (title II, Sec. 201), Nov. 5,

1990, 104 Stat. 1960, 1974, related to membership, meetings, and

functions of National Museum Service Board, and appointment and

compensation of Board members. See section 9175 of this title.

A prior section 963, Pub. L. 89-209, Sec. 14, Sept. 29, 1965, 79

Stat. 855, requested President to make appointments within ninety

days after Sept. 29, 1965, prior to repeal by Pub. L. 93-133, Sec.

2(a)(12), Oct. 19, 1973, 87 Stat. 465.

Section 963a, Pub. L. 98-146, title II, Nov. 4, 1983, 97 Stat.

949, which directed that persons serving on Museum Services Board

continue until their successors are qualified for office, was

omitted as superseded by former section 963(b) of this title as

amended by Pub. L. 98-306. Similar provisions were contained in

Pub. L. 97-394, title II, Dec. 30, 1982, 96 Stat. 1994.

Section 964, Pub. L. 94-462, title II, Sec. 205, Oct. 8, 1976, 90

Stat. 1976; Pub. L. 96-496, title II, Sec. 201(c), Dec. 4, 1980, 94

Stat. 2592; Pub. L. 98-306, Sec. 10, May 31, 1984, 98 Stat. 225;

Pub. L. 99-194, title II, Sec. 202, Dec. 20, 1985, 99 Stat. 1344;

Pub. L. 101-512, title III, Sec. 318 (title II, Sec. 202(a)(1),

(b)), Nov. 5, 1990, 104 Stat. 1960, 1974, 1975, related to

appointment, compensation, and functions of Director of Institute.

See section 9103 of this title.

Section 965, Pub. L. 94-462, title II, Sec. 206, Oct. 8, 1976, 90

Stat. 1977; Pub. L. 96-496, title II, Sec. 201(d), Dec. 4, 1980, 94

Stat. 2592; Pub. L. 101-512, title III, Sec. 318 (title II, Sec.

203), Nov. 5, 1990, 104 Stat. 1960, 1975, authorized Director,

subject to policy direction of Board, to make grants to museums to

increase and improve services through specified activities. See

section 9173 of this title.

Section 966, Pub. L. 94-462, title II, Sec. 207, Oct. 8, 1976, 90

Stat. 1977, related to authority of Institute to accept

contributions. See section 9106 of this title.

Section 967, Pub. L. 94-462, title II, Sec. 209, Oct. 8, 1976, 90

Stat. 1978; Pub. L. 96-496, title I, Sec. 201(e), Dec. 4, 1980, 94

Stat. 2593; Pub. L. 98-306, Sec. 11, May 31, 1984, 98 Stat. 225;

Pub. L. 99-194, title II, Sec. 203, Dec. 20, 1985, 99 Stat. 1344;

Pub. L. 101-512, title III, Sec. 318 (title II, Sec. 204, 205(b)),

Nov. 5, 1990, 104 Stat. 1960, 1975, 1976, authorized appropriations

for purpose of making grants under section 965(a) of this title and

for administering provisions of this subchapter. See section 9176

of this title.

Section 968, Pub. L. 94-462, title II, Sec. 210, Oct. 8, 1976, 90

Stat. 1978, defined ''Board'', ''Director'', ''Institute'', and

''museum'' for purposes of this subchapter. See sections 9101 and

9172 of this title.

Section 969, Pub. L. 94-462, title II, Sec. 211, as added Pub. L.

101-512, title III, Sec. 318 (title II, Sec. 205 ((a))), Nov. 5,

1990, 104 Stat. 1960, 1975, related to assessment of needs of

small, emerging, minority, and rural museums.

-MISC3-

SHORT TITLE

Section 201 of title II of Pub. L. 94-462, which provided that

title II of Pub. L. 94-462, which enacted this subchapter and

amended section 958 of this title, could be cited as the ''Museum

Services Act'', was omitted in the general amendment of title II by

Pub. L. 104-208. See chapter 72 (Sec. 9101 et seq.) of this title.

-CITE-