-CITE-
    20 USC CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES
           AND ARTS; MUSEUM SERVICES                       01/03/2007

-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.   
    954.        National Endowment for the Arts.                      
    954a.       Access to the arts through support of education.      
    955.        National Council on the Arts.                         
    955a.       Omitted.                                              
    955b.       National Medal of Arts.                               
    956.        National Endowment for the Humanities.                
    956a.       National Capital arts and cultural affairs; grant
                 programs.                                            
    957.        National Council on the Humanities.                   
    957a.       Omitted.                                              
    958.        Federal Council on the Arts and the Humanities.       
    959.        Administrative provisions.                            
    959a.       Gifts, bequests, and devises.                         
    960.        Authorization of appropriations.                      

                      SUBCHAPTER II - MUSEUM SERVICES                  
    961 to 969. Omitted.                                              

-End-

-CITE-
    20 USC SUBCHAPTER I - NATIONAL FOUNDATION ON THE ARTS AND
           THE HUMANITIES                                  01/03/2007

-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 

-End-

-CITE-
    20 USC Sec. 951                                             01/03/2007

-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. 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, Secs. 2, 3, May 31, 1984, 98 Stat. 223;
    renumbered Sec. 2 and amended Pub. L. 99-194, title I, Secs.
    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, Secs. 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, Secs. 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, Secs. 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.

-End-

-CITE-
    20 USC Sec. 952                                             01/03/2007

-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.(!1) and the study and application of the arts to the human
    environment.

      (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, Secs. 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, Secs. 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.

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

-End-

-CITE-
    20 USC Sec. 953                                             01/03/2007

-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, Secs. 2, 4, May 31,
    1984, 98 Stat. 223; renumbered Sec. 4 and amended Pub. L. 99-194,
    title I, Secs. 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".

-End-

-CITE-
    20 USC Sec. 954                                             01/03/2007

-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,
    Secs. 2, 3, June 18, 1968, 82 Stat. 185; Pub. L. 91-346, Secs. 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, Secs. 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, Secs. 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, Secs. 101(1), 105, Dec. 20, 1985, 99 Stat. 1332, 1333;
    Pub. L. 101-512, title III, Sec. 318 [title I, Secs. 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.

-MISC1-
                                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, Secs. 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 Labor and Human Resources of Senate changed to
    Committee on Health, Education, Labor, and Pensions of Senate by
    Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19,
    1999.
      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.

-MISC2-
                     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.

-End-

-CITE-
    20 USC Sec. 954a                                            01/03/2007

-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,(!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 - 

        (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.

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

-End-

-CITE-
    20 USC Sec. 955                                             01/03/2007

-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 (!1) appointed by the Majority Leader of
        the Senate.

          (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 (!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.

    (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, Secs. 2, 5(a), May 31, 1984, 98 Stat. 223,
    224; renumbered Sec. 6 and amended Pub. L. 99-194, title I, Secs.
    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.

-MISC1-
                                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]."

-FOOTNOTE-
    (!1) So in original. Probably should be "Senators".

    (!2) So in original.

-End-

-CITE-
    20 USC Sec. 955a                                            01/03/2007

-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.

-End-

-CITE-
    20 USC Sec. 955b                                            01/03/2007

-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.

-End-

-CITE-
    20 USC Sec. 956                                             01/03/2007

-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, Secs. 2(a)(6), 3,
    Oct. 19, 1973, 87 Stat. 464, 465; Pub. L. 94-462, title I, Secs.
    104(a), 105, title III, Sec. 301(b), Oct. 8, 1976, 90 Stat. 1971,
    1974, 1979; Pub. L. 96-496, title I, Secs. 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, Secs. 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.

-MISC1-
                                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, Secs. 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 Labor and Human Resources of Senate changed to
    Committee on Health, Education, Labor, and Pensions of Senate by
    Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19,
    1999.
      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.

-MISC2-
                     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.

-End-

-CITE-
    20 USC Sec. 956a                                            01/03/2007

-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 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; Pub. L. 108-81, title V, Sec. 502(b),
    Sept. 25, 2003, 117 Stat. 1003.)

-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.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-81 substituted "National Children's Museum"
    for "National Capital Children's Museum" in second par.
      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 CAPITAL CHILDREN'S MUSEUM AS NATIONAL CHILDREN'S
                                  MUSEUM
      Pub. L. 108-81, title V, Sec. 502, Sept. 25, 2003, 117 Stat.
    1003, provided that:
      "(a) Designation. - The Capital Children's Museum located at 800
    Third Street, NE, Washington, D.C. (or any successor location),
    organized under the laws of the District of Columbia, is designated
    as the 'National Children's Museum'.
      "(b) References. - Any reference in a law, map, regulation,
    document, paper, or other record of the United States to the
    Capital Children's Museum referred to in subsection (a) shall be
    deemed to be a reference to the 'National Children's Museum'."

            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'."

-End-

-CITE-
    20 USC Sec. 957                                             01/03/2007

-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, Secs. 2, 5(b), May 31, 1984, 98 Stat. 223,
    224; renumbered Sec. 8 and amended Pub. L. 99-194, title I, Secs.
    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.

-End-

-CITE-
    20 USC Sec. 957a                                            01/03/2007

-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.

-End-

-CITE-
    20 USC Sec. 958                                             01/03/2007

-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,
    Secs. 106, 109(d), Dec. 4, 1980, 94 Stat. 2587, 2591; renumbered
    title I, Sec. 9, and amended Pub. L. 98-306, Secs. 2, 6, May 31,
    1984, 98 Stat. 223, 224; renumbered Sec. 9 and amended Pub. L. 99-
    194, title I, Secs. 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, Secs. 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.

-End-

-CITE-
    20 USC Sec. 959                                             01/03/2007

-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) (!1) of this section, as
    determined by the Chairperson of the Endowment that provided such
    financial assistance, then such Chairperson may - 

        (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, Secs.
    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, Secs.
    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.

-MISC1-
                                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, Secs. 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 of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which certain reporting requirements under subsec. (d) of this
    section are listed in item 7 on page 183), see section 3003 of Pub.
    L. 104-66, as amended, and section 1(a)(4) [div. A, Sec. 1402(1)]
    of Pub. L. 106-554, set out as notes under section 1113 of Title
    31, Money and Finance.

-EXEC-
                 DELEGATION OF CERTAIN REPORTING AUTHORITY             
      Memorandum of President of the United States, Dec. 8, 2004, 69
    F.R. 74937, provided:
      Memorandum for the Chairperson of the National Endowment for the
    Arts
      By the authority vested in me as President by the Constitution
    and the laws of the United States, including section 301 of title
    3, United States Code, I hereby delegate to you the functions
    conferred upon the President in the National Foundation on the Arts
    and Humanities Act of 1965, as amended (20 U.S.C. 959(d)) to
    provide the specified report relating to the National Endowment for
    the Arts to the Congress.
      You are authorized and directed to publish this memorandum in the
    Federal Register.
                                                         George W. Bush.

      Memorandum of President of the United States, Dec. 8, 2004, 69
    F.R. 74939, provided:
      Memorandum for the Chairperson of the National Endowment for the
    Humanities
      By the authority vested in me as President by the Constitution
    and the laws of the United States, including section 301 of title
    3, United States Code, I hereby delegate to you the functions
    conferred upon the President in the National Foundation on the Arts
    and Humanities Act of 1965, as amended (20 U.S.C. 959(d)) to
    provide the specified report relating to the National Endowment for
    the Humanities to the Congress.
      You are authorized and directed to publish this memorandum in the
    Federal Register.
                                                         George W. Bush.

-FOOTNOTE-
    (!1) So in original. Subsec. (c)(3) of this section does not contain
         a subpar. (A).

-End-

-CITE-
    20 USC Sec. 959a                                            01/03/2007

-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. 959a. Gifts, bequests, and devises

-STATUTE-
      The National Endowment for the Arts and the National Endowment
    for the Humanities are on and after August 2, 2005, authorized to
    solicit, accept, receive, and invest in the name of the United
    States, gifts, bequests, or devises of money and other property or
    services and to use such in furtherance of the functions of the
    National Endowment for the Arts and the National Endowment for the
    Humanities. Any proceeds from such gifts, bequests, or devises,
    after acceptance by the National Endowment for the Arts or the
    National Endowment for the Humanities, shall be paid by the donor
    or the representative of the donor to the Chairman. The Chairman
    shall enter the proceeds in a special interest-bearing account to
    the credit of the appropriate endowment for the purposes specified
    in each case.

-SOURCE-
    (Pub. L. 109-54, title IV, Sec. 410, Aug. 2, 2005, 119 Stat. 551.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the appropriation act cited as the
    credit to this section, and not as part of the National Foundation
    on the Arts and the Humanities Act of 1965 which comprises this
    subchapter.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following prior appropriation acts:
      Pub. L. 108-447, div. E, title III, Sec. 310, Dec. 8, 2004, 118
    Stat. 3094.
      Pub. L. 108-108, title III, Sec. 310, Nov. 10, 2003, 117 Stat.
    1303.
      Pub. L. 108-7, div. F, title III, Sec. 310, Feb. 20, 2003, 117
    Stat. 271.
      Pub. L. 107-63, title III, Sec. 315, Nov. 5, 2001, 115 Stat. 467.
      Pub. L. 106-291, title III, Sec. 318, Oct. 11, 2000, 114 Stat.
    989.
      Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title III, Sec. 319],
    Nov. 29, 1999, 113 Stat. 1535, 1501A-193.
      Pub. L. 105-277, div. A, Sec. 101(e) [title III, Sec. 320], Oct.
    21, 1998, 112 Stat. 2681-231, 2681-289.
      Pub. L. 105-83, title III, Sec. 330, Nov. 14, 1997, 111 Stat.
    1600.

-End-

-CITE-
    20 USC Sec. 960                                             01/03/2007

-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),(!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.

    (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" (!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.

      (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, Secs.
    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, Secs. 2, 7, May 31, 1984, 98 Stat. 223,
    224; renumbered Sec. 11 and amended Pub. L. 99-194, title I, Secs.
    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, Secs. 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, Secs. 103(g)(1), (h)(1), 104(2)], Nov. 5, 1990,
    104 Stat. 1960, 1964, 1965, 1966.

-MISC1-
                             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, Secs. 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, Secs. 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.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. The closing quotation marks probably should
         not appear.

-End-

-CITE-
    20 USC SUBCHAPTER II - MUSEUM SERVICES                      01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM
                  SERVICES                        
    SUBCHAPTER II - MUSEUM SERVICES

-HEAD-
                      SUBCHAPTER II - MUSEUM SERVICES                  

-End-

-CITE-
    20 USC Secs. 961 to 969                                     01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 26 - SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM
                  SERVICES                        
    SUBCHAPTER II - MUSEUM SERVICES

-HEAD-
    Secs. 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
    (Secs. 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.
      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, Secs. 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.

-MISC1-
                                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.

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