US (United States) Code. Title 20. Chapter 26A: Indemnity for exhibitions of arts and artifacts

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

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20 USC CHAPTER 26A - INDEMNITY FOR EXHIBITIONS OF ARTS

AND ARTIFACTS 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 26A - INDEMNITY FOR EXHIBITIONS OF ARTS AND ARTIFACTS

.

-HEAD-

CHAPTER 26A - INDEMNITY FOR EXHIBITIONS OF ARTS AND ARTIFACTS

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Sec.

971. Agreements to indemnify against loss or damage.

(a) Authorization of Federal Council on the Arts and

Humanities.

(b) Council as ''agency''.

972. Items eligible for indemnity agreements.

(a) Works of art; printed or published materials;

other artifacts or objects; photographs, motion

pictures, or tapes.

(b) Extension of coverage; ''on exhibition'' defined.

973. Application for indemnity agreements.

(a) Parties.

(b) Contents.

(c) Approval.

974. Indemnity limits.

(a) Approval of estimated values.

(b) Maximum limits of coverage.

(c) Limit for single exhibition.

(d) Deductible limit.

975. Claims for losses.

(a) Regulations for prompt adjustment.

(b) Certification.

976. Authorization of appropriations.

977. Omitted.

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20 USC Sec. 971 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 26A - INDEMNITY FOR EXHIBITIONS OF ARTS AND ARTIFACTS

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Sec. 971. Agreements to indemnify against loss or damage

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(a) Authorization of Federal Council on the Arts and Humanities

The Federal Council on the Arts and Humanities (hereinafter in

this chapter referred to as the ''Council''), established under

section 958 of this title, is authorized to make agreements to

indemnify against loss or damage such items as may be eligible for

such indemnity agreements under section 972 of this title -

(1) in accordance with the provisions of this chapter; and

(2) on such terms and conditions as the Council shall

prescribe, by regulation, in order to achieve the purposes of

this chapter and, consistent with such purposes, to protect the

financial interest of the United States.

(b) Council as ''agency''

(1) For purposes of this chapter, the Council shall be an

''agency'' within the meaning of the appropriate definitions of

such term in title 5.

(2) For purposes of this chapter, the Secretary of the

Smithsonian Institution, the Director of the National Gallery of

Art, the member designated by the Chairman of the Senate Commission

of Art and Antiquities and the member designated by the Speaker of

the House of Representatives shall not serve as members of the

Council.

-SOURCE-

(Pub. L. 94-158, Sec. 2, Dec. 20, 1975, 89 Stat. 844; Pub. L.

99-194, title III, Sec. 301, Dec. 20, 1985, 99 Stat. 1345.)

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AMENDMENTS

1985 - Subsec. (b). Pub. L. 99-194 designated existing provisions

as par. (1) and added par. (2).

EFFECTIVE DATE

Section 9 of Pub. L. 94-158 provided that: ''This Act (see Short

Title note below) shall become effective 30 days after the date of

the enactment of this Act (Dec. 20, 1975).''

SHORT TITLE

Section 1 of Pub. L. 94-158 provided that: ''This Act (enacting

this chapter and provisions set out as a note under this section)

may be cited as the 'Arts and Artifacts Indemnity Act'.''

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20 USC Sec. 972 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 26A - INDEMNITY FOR EXHIBITIONS OF ARTS AND ARTIFACTS

-HEAD-

Sec. 972. Items eligible for indemnity agreements

-STATUTE-

(a) Works of art; printed or published materials; other artifacts

or objects; photographs, motion pictures, or tapes

The Council may make an indemnity agreement under this chapter

with respect to -

(1) works of art, including tapestries, paintings, sculpture,

folk art, graphics, and craft arts;

(2) manuscripts, rare documents, books, and other printed or

published materials;

(3) other artifacts or objects; and

(4) photographs, motion pictures, or audio and video tape;

which are (A) of educational, cultural, historical, or scientific

value, and (B) the exhibition of which is certified by the

Secretary of State or his designee as being in the national

interest.

(b) Extension of coverage; ''on exhibition'' defined

(1) An indemnity agreement made under this chapter shall cover

eligible items while on exhibition in the United States or

elsewhere preferably when part of an exchange of exhibitions.

(2) For purposes of this subsection, the term ''on exhibition''

includes that period of time beginning on the date the eligible

items leave the premises of the lender or place designated by the

lender and ending on the date such items are returned to the

premises of the lender or place designated by the lender.

-SOURCE-

(Pub. L. 94-158, Sec. 3, Dec. 20, 1975, 89 Stat. 844; Pub. L.

99-194, title III, Sec. 302(a), Dec. 20, 1985, 99 Stat. 1345.)

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AMENDMENTS

1985 - Subsec. (b)(1). Pub. L. 99-194, which directed the

substitution of ''or elsewhere preferably when part of an exchange

of exhibitions'' for '', or elsewhere when part of an exchange of

exhibitions, but in no case shall both parts of such an exhibition

be so covered'' was executed by making the substitution for '', or

elsewhere when part of an exchange of exhibitions, but in no case

shall both parts of such an exchange be so covered'', to reflect

the probable intent of Congress.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 302(b) of Pub. L. 99-194 provided that: ''The amendment

made by paragraph (1) (amending this section) shall apply with

respect to any exhibition which is certified under section 3(a) of

the Arts and Artifacts Indemnity Act (subsec. (a) of this section)

after the date of enactment of this Act (Dec. 20, 1985).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 971, 973 of this title.

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20 USC Sec. 973 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 26A - INDEMNITY FOR EXHIBITIONS OF ARTS AND ARTIFACTS

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Sec. 973. Application for indemnity agreements

-STATUTE-

(a) Parties

Any person, nonprofit agency, institution, or government desiring

to make an indemnity agreement for eligible items under this

chapter shall make application therefor in accordance with such

procedures, in such form, and in such manner as the Council shall,

by regulation, prescribe.

(b) Contents

An application under subsection (a) of this section shall -

(1) describe each item to be covered by the agreement

(including an estimated value of such item);

(2) show evidence that the items are eligible under section

972(a) of this title; and

(3) set forth policies, procedures, techniques, and methods

with respect to preparation for, and conduct of, exhibition of

the items, and any transportation related to such items.

(c) Approval

Upon receipt of an application under this section, the Council

shall, if such application conforms with the requirements of this

chapter, approve the application and make an indemnity agreement

with the applicant. Upon such approval, the agreement shall

constitute a contract between the Council and the applicant

pledging the full faith and credit of the United States to pay any

amount for which the Council becomes liable under such agreement.

The Council, for such purpose, is hereby authorized to pledge the

full faith and credit of the United States.

-SOURCE-

(Pub. L. 94-158, Sec. 4, Dec. 20, 1975, 89 Stat. 845.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 974 of this title.

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20 USC Sec. 974 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 26A - INDEMNITY FOR EXHIBITIONS OF ARTS AND ARTIFACTS

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Sec. 974. Indemnity limits

-STATUTE-

(a) Approval of estimated values

Upon receipt of an application meeting the requirements of

subsections (a) and (b) of section 973 of this title, the Council

shall review the estimated value of the items for which coverage by

an indemnity agreement is sought. If the Council agrees with such

estimated value, for the purposes of this chapter, the Council

shall, after approval of the application as provided in subsection

(c) of section 973 of this title, make an indemnity agreement.

(b) Maximum limits of coverage

The aggregate of loss or damage covered by indemnity agreements

made under this chapter shall not exceed $5,000,000,000 at any one

time.

(c) Limit for single exhibition

No indemnity agreement for a single exhibition shall cover loss

or damage in excess of $500,000,000.

(d) Deductible limit

If the estimated value of the items covered by an indemnity

agreement for a single exhibition is -

(1) $2,000,000 or less, then coverage under this chapter shall

extend only to loss or damage in excess of the first $15,000 of

loss or damage to items covered;

(2) more than $2,000,000 but less than $10,000,000 then

coverage under this chapter shall extend only to loss or damage

in excess of the first $25,000 of loss or damage to items

covered;

(3) not less than $10,000,000 but less than $125,000,000, then

coverage under this chapter shall extend to loss or damage in

excess of the first $50,000 of loss or damage to items covered;

(4) not less than $125,000,000 but less than $200,000,

(FOOTNOTE 1) then coverage under this chapter shall extend to

loss or damage in excess of the first $100,000 of loss or damage

to items covered;

(FOOTNOTE 1) So in original. Probably should be

''$200,000,000,''.

(5) not less than $200,000,000 but less than $300,000,000, then

coverage under the (FOOTNOTE 2) chapter shall extend only to loss

or damage in excess of the first $200,000, of loss or damage to

items covered;

(FOOTNOTE 2) So in original. Probably should be ''this''.

(6) not less than $300,000,000 but less than $400,000,000, then

coverage under this chapter shall extend only to loss or damage

in excess of the first $300,000 of loss or damage to items

covered; or

(7) $400,000,000 or more, then coverage under this chapter

shall extend only to loss or damage in excess of the first

$400,000 of loss or damage to items covered.

-SOURCE-

(Pub. L. 94-158, Sec. 5, Dec. 20, 1975, 89 Stat. 845; Pub. L.

96-496, title III, Sec. 301, 302, Dec. 4, 1980, 94 Stat. 2593; Pub.

L. 99-194, title III, Sec. 303, Dec. 20, 1985, 99 Stat. 1345; Pub.

L. 100-202, Sec. 101(g) (title II, Sec. 201), Dec. 22, 1987, 101

Stat. 1329-213, 1329-249; Pub. L. 101-512, title III, Sec. 318

(title III, Sec. 301), Nov. 5, 1990, 104 Stat. 1960, 1976; Pub. L.

105-277, div. A, Sec. 101(e) (title III, Sec. 333), Oct. 21, 1998,

112 Stat. 2681-231, 2681-294.)

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AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-277, Sec. 101(e) (title III, Sec.

333(1)), substituted ''$5,000,000,000'' for ''$3,000,000,000''.

Subsec. (c). Pub. L. 105-277, Sec. 101(e) (title III, Sec.

333(2)), substituted ''$500,000,000'' for ''$300,000,000''.

Subsec. (d)(4). Pub. L. 105-277, Sec. 101(e) (title III, Sec.

333(3)), struck out ''or'' at end.

Subsec. (d)(5). Pub. L. 105-277, Sec. 101(e) (title III, Sec.

333(4)), substituted ''not less than $200,000,000 but less than

$300,000,000'' for ''$200,000,000 or more'' and substituted

semicolon for period at end.

Subsec. (d)(6), (7). Pub. L. 105-277, Sec. 101(e) (title III,

Sec. 333(5)), added pars. (6) and (7).

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

301(a)), substituted ''$3,000,000,000'' for ''$1,200,000,000''.

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

301(b)(1)), substituted ''$300,000,000'' for ''$125,000,000''.

Subsec. (d)(3). Pub. L. 101-512, Sec. 318 (title III, Sec.

301(b)(2)(B)), amended par. (3) generally. Prior to amendment,

par. (3) read as follows: ''$10,000,000 or more, then coverage

under this chapter shall extend only to loss or damage in excess of

the first $50,000 of loss or damage to items covered.''

Subsec. (d)(4), (5). Pub. L. 101-512, Sec. 318 (title III, Sec.

301(b)(2)(A), (C)), added pars. (4) and (5).

1987 - Subsec. (b). Pub. L. 100-202 substituted

''$1,200,000,000'' for ''$650,000,000''.

Subsec. (c). Pub. L. 100-202 substituted ''$125,000,000'' for

''$75,000,000''.

1985 - Subsec. (b). Pub. L. 99-194, Sec. 303(a), substituted

''$650,000,000'' for ''$400,000,000''.

Subsec. (c). Pub. L. 99-194, Sec. 303(b), substituted

''$75,000,000'' for ''$50,000,000''.

1980 - Subsec. (b). Pub. L. 96-496, Sec. 301, substituted

''$400,000,000'' for ''$250,000,000''.

Subsec. (d). Pub. L. 96-496, Sec. 302, substituted provisions

relating to deductible amounts under indemnity agreements for

provisions limiting coverage under this chapter to loss or damage

in excess of the first $15,000 resulting from a single exhibition.

EFFECTIVE DATE OF 1990 AMENDMENT

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

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

under section 951 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 975 of this title.

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20 USC Sec. 975 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 26A - INDEMNITY FOR EXHIBITIONS OF ARTS AND ARTIFACTS

-HEAD-

Sec. 975. Claims for losses

-STATUTE-

(a) Regulations for prompt adjustment

The Council shall prescribe regulations providing for prompt

adjustment of valid claims for losses which are covered by an

agreement made pursuant to section 974 of this title, including

provision for arbitration of issues relating to the dollar value of

damages involving less than total loss or destruction of such

covered objects.

(b) Certification

In the case of a claim of loss with respect to an item which is

covered by an agreement made pursuant to section 974 of this title,

the Council shall certify the validity of the claim and the amount

of the loss to the Speaker of the House of Representatives and the

President pro tempore of the Senate.

-SOURCE-

(Pub. L. 94-158, Sec. 6, Dec. 20, 1975, 89 Stat. 845.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 976 of this title.

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20 USC Sec. 976 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 26A - INDEMNITY FOR EXHIBITIONS OF ARTS AND ARTIFACTS

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Sec. 976. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums as may

be necessary (1) to enable the Council to carry out its functions

under this chapter, and (2) to pay claims certified pursuant to

section 975(b) of this title.

-SOURCE-

(Pub. L. 94-158, Sec. 7, Dec. 20, 1975, 89 Stat. 846.)

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20 USC Sec. 977 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 26A - INDEMNITY FOR EXHIBITIONS OF ARTS AND ARTIFACTS

-HEAD-

Sec. 977. Omitted

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CODIFICATION

Section, Pub. L. 94-158, Sec. 8, Dec. 20, 1975, 89 Stat. 846,

which required the Federal Council on the Arts and Humanities to

report annually to Congress on claims actually paid and pending

claims against the Council under this chapter and the aggregate

face value of contracts made by the Council which are outstanding,

terminated, effective May 15, 2000, pursuant to section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance. See, also, page 167 of House Document

No. 103-7.

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