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

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 $10,000,000 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. Each eligible organization must have its principal place of business in the District of Columbia and in a facility or facilities located in the District of Columbia.

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.

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 $650,000 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.

(Pub. L. 99–190, §101(d) [title II, §201], Dec. 19, 1985, 99 Stat. 1224, 1261; Pub. L. 99–500, §101(h) [title II, §201], Oct. 18, 1986, 100 Stat. 1783–242, 1783–281, and Pub. L. 99–591, §101(h) [title II, §201], Oct. 30, 1986, 100 Stat. 3341–242, 3341–281; Pub. L. 100–202, §101(g) [title II, §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, §2, June 20, 2000, 114 Stat. 346; Pub. L. 108–81, title V, §502(b), Sept. 25, 2003, 117 Stat. 1003; Pub. L. 111–88, div. A, title IV, §418, Oct. 30, 2009, 123 Stat. 2960; Pub. L. 112–74, div. E, title III, Dec. 23, 2011, 125 Stat. 1035.)

#### **Editorial Notes**

#### 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.

#### Amendments

2011—Pub. L. 112–74 substituted "Each eligible organization must have its principal place of business in the District of Columbia and in a facility or facilities located in the District of Columbia." for "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." in second par. and struck out "in addition to those herein named" at end of third par.

2009—Pub. L. 111–88 substituted "$10,000,000" for "$7,500,000" in first par. and "$650,000" for "$500,000" in fourth par.

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.

#### **Statutory Notes and Related Subsidiaries**

#### Eligibility Limitation

Pub. L. 118–42, div. E, title III, Mar. 9, 2024, 138 Stat. 282, provided in part: "That the item relating to 'National Capital Arts and Cultural Affairs' in the Department of the Interior and Related Agencies Appropriations Act, 1986, as enacted into law by section 101(d) of Public Law 99–190 (20 U.S.C. 956a), shall be applied in fiscal year 2024 in the second paragraph by inserting ', calendar year 2020 excluded' before the first period: Provided further, That in determining an eligible organization's annual income for calendar years 2021, 2022, and 2023, funds or grants received by the eligible organization from any supplemental appropriations made available in 2020 and 2021 in connection with the public health emergency declared by the Secretary of Health and Human Services on January 31, 2020 (including renewals thereof) shall be counted as part of the eligible organization's annual income."

Similar provisions were contained in the following prior appropriation act:

Pub. L. 117–328, div. G, title III, Dec. 29, 2022, 136 Stat. 4818.

Pub. L. 117–103, div. G, title III, Mar. 15, 2022, 136 Stat. 407.

#### Redesignation of Capital Children's Museum as National Children's Museum

Pub. L. 108–81, title V, §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'."