An Act to provide for the establishment of the National Foundation on the Arts and the Humanities to promote progress and scholarship in the humanities and the arts in the United States, and for other purposes
PL 89-209 (S.1483), enacted 09/29/1965

79 STAT. ] 
PUBLIC LAW 89-209-SEPT. 29, 1965 
845 
Public Law 89-209 
AN A C T 
September 29, 1965 
To provide for the establishment of the National Foundation on the Arts and 
^ ' 
'^ ^ 
the Humanities to promote progress and scholarship in the humanities and 
the arts in the United States, and for other purposes. 
National Foun-
dation on the Arts 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of Ainerwa in Congress assembled^ That this Act may 
be cited as the "National Foundation on the Arts and the Humanities and°he°Humaml 
A c t of 1965". 
ti«^ Act of 1965 
DECLARATION OF PURPOSE 
SEC. 2. The Congress hereby finds and declares— 
(1) that the encouragement and support of national progress 
and scholarship in the humanities and the arts, while primarily 
a matter for private and local initiative, is also an appropriate 
matter of concern to the Federal Government; 
(2) that a high civilization must not limit its efforts to science 
and technology alone but must give full value and support to the 
other great branches of man's scholarly and cultural activity; 
(3) that democracy demands wisdom and vision in its citizens 
and that it must therefore foster and support a form of education 
designed to make men masters of their technology and not its 
unthinking servant; 
(4) that it is necessary and appropriate for the Federal Gov-
ernment to complement, assist, and add to programs for the ad-
vancement of the humanities and the arts by local. State, regional, 
and private agencies and their organizations; 
(5) that the practice of art and the study of the humanities 
requires constant dedication and devotion and that, 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 condi-
tions facilitatmg the release of this creative talent; 
(6) that the world leadership which has come to the United 
States cannot rest solely upon superior power, wealth, and tech-
nology, 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; and 
(7) that, in order to implement these findings, it is desirable 
to establish a National Foundation on the Arts and the Humani-
ties and to strengthen the responsibilities of the Office of Educa-
tion with respect to education in the arts and the humanities. 
DEFINITIONS 
SEC. 3. As used in this Act— 
(a) The term "humanities" includes, but is not limited to, the study 
of the following: language, both modem and classic; linguistics; 
literature; history; jurisprudence; philosophy; archeology; the his-
tory, criticism, theory, and practice of the arts; and those aspects of 
the social sciences which have humanistic content and employ human-
istic methods. 
(b) The term "the arts" includes, but is not limited to. music (instru-
mental and vocal), dance, drama, folk art, creative writing, archi-
tecture and allied fields, painting, sculpture, photography, graphic 
and craft arts, industrial design, costume and fashion design, motion 
pictures, television, radi,o, tape and sound recording, and the arts 
846 
PUBLIC LAW 89-209-SEPT. 29, 1965 
[79 STAT. 
related to the presentation, perforaiance, execution, and exliibition 
of such major art forms. 
(c) The term "production" means plays (with or without music), 
ballet, dance and choral performances, concerts, recitals, operas, 
exhibitions, readings, motion pictures, television, radio, 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 5 of 
this Act. 
(d) The term "project" means programs organized to carry out 
the purposes of this Act, 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 public knowledge and understanding of the arts, and includes, 
where appropriate, rental, purchase, renovation, or construction of 
facilities, purchase or rental of land, and acquisition of equipment. 
(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 incor-
porated. 
(f) The term "workshop" means a production the primary purpose 
of which is to encourage the artistic development or enjoyment of 
amateur, student, or other nonprofessional participants. 
(g) The term "State" includes, in addition to the several States of 
the Union, the Commonwealth of Puerto Rico, the District of Colum-
bia, Guam, American Samoa, and the Virgin Islands. 
ESTABLISHMENT OF A NATIONAL FOUNDATION ON T H E ARTS AND T H E 
H U M A N I T I E S 
SEC. 4. (a) 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 Endow-ment for the Humanities, and a Federal Council on 
the Arts and the Humanities (hereinafter established). 
(b) 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 pursuant to this Act. 
(c) In the administration of this Act no department, agency, officer, 
or employee of the United States shall exercise any direction, super-
vision, or control over the policy determination, personnel, or curric-
ulum, or the administration or operation of any school or other non-
Federal agency, institution, organization, or association. 
ESTABLISHMENT OF T H E NATIONAL ENDOWMENT FOR T H E ARTS 
SEC. 5. (a) There is established within the Foundation a National 
Endowment for the Arts. 
(b) The Endowment shall be headed by a Chairman, to be known as 
the Chairman of the National Endowment for the Arts. 
(c) The Chairman, with the advice of the Federal Council on the 
Arts and the Humanities and the National Council on the Arts, is 
authorized to establish and carry out a program of grants-in-aid to 
groups or, in appropriate cases, to individuals engaged in or concerned 
with the arts, for the purpose of enabling them to provide or support 
in the United States— 
(1) productions which have substantial artistic and cultural 
significance, giving emphasis to American creativity and the 
maintenance and encouragement of professional excellence; 
79 STAT. ] 
PUBLIC LAW 89-209-SEPT. 29, 1965 
847 
(2) productions, meeting professional standards or standards 
of autnenticity, irrespective of origin which are of significant 
merit and which, without such assistance, would otherwise be 
unavailable to our citizens in many areas of the country; 
(3) projects that will encourage and assist artists and enable 
them to achieve standards of professional excellence; 
(4) workshops that will encourage and develop the apprecia-
tion and enjoyment of the arts by our citizens; 
(5) other relevant projects, including surveys, research, and 
planning in the arts. 
(d) (1) In addition to performing any of the functions, duties, and 
responsibilities prescribed by the National Arts and Cultural Develop-
ment Act of 1984, Public Law 88-579, approved September 3, 1964, H uscVs •
! note. 
the individual appointed under such Act as Chairman of the National 
Council on the Arts shall serve as the Chairman of the National 
Endowment for the Arts. 
In lieu of receiving compensation at the 
rate prescribed by section 6(c) of such Act, such individual serving 
as Chairman of the National Council on the Arts and Chairman of 
the National Endowment for the Arts shall receive compensation at 
the same rate prescribed by law for the Director of the National 
Science Foundation. 
(2) (A) The first sentence of section 6(b) of the National Arts and 
Cultural Development Act of 1964 is hereby amended to read as 
follows: "The term of office of the Chairman shall be four years, and 
the Chairman shall be eligible for reappointment." 
(B) The amendment made by clause (A) of this paragraph shall 
be applicable with respect to the Chairman holding office on the date 
of enactment of this Act and each Chairman holding office thereafter. 
(e) 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 Chairman. 
(f) The total amount of any grant to any group pursuant to sub-
section (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 this purpose for any fiscal year may be available for such grants 
m that fiscal year without regard to such limitation in the case of any 
group which submits evidence to the Endowment that it has 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 has secured represent of the funds applied for by such 
group. 
(g) 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 individu-
als, and (2) donations to such group are allowable as a charitable 
contribution under the standards of subsection (c) of section 170 of 
the Internal Revenue Code of 1954. 
feljscVr?' 
(h) (1) The Chairman, with the advice of the Federal Council on 
the Arts and the Humanities and 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 produc-
tions which meet the standards enumerated in section 5(c) of this Act, 
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 such assistance in any fiscal year, a State 
shall submit an application for such grants prior to the first day of 
848 
PUBLIC LAW 89-209-SEPT. 29, 1965 
[79 STAT. 
such fiscal year and accompany such application with a plan which 
the Chairman 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, except that in the case of the District of Columbia the Rec-
reation Board shall be the "State agency"; 
(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); except that in the case of the first fiscal year 
in which the State is allotted funds after the enactment of this 
Act, a plan may provide that not to exceed $25,000 of such funds 
will be expended to conduct a study to plan the development of 
a State agency in the State and to establish such an agency; and 
(C) provides that the State agency will make such reports, in 
such form and containing such information, as the Chairman may 
from time to time require. 
(3) The funds appropriated pursuant to section 11(c) for any 
fiscal year shall be equally allotted among the States. 
(4) 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. 
(5) All amounts allotted 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 section 5(c) to the extent that the value of 
gifts, bequests, and devises received by the Endowment under section 
10(a) (2) exceeds amounts appropriated under the authority of section 
11(b). 
(i) Whenever the Chairman, 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 Chairman shall immediately notify the Secretary of the Treasury 
and the group or State agency with respect to which such finding 
WEis 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. 
(j) It shall be a condition of the receipt of any grant under this 
section that the group or individual 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 (k) of this 
section) employed on projects or productions which are financed in 
79 STAT. ] 
PUBLIC LAW 89-209-SEPT. 29, 1965 
849 
whole or in part under this section will be paid, without subsequent 
deduction or rebate on any account, not less than the minimum com-
jjensation as determined by the Secretary of Labor to be the prevailing 
minimum compensation lor 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 he may deem necessary or appropriate to carry out the provisions 
of this subsection. 
(k) It shall be a condition of the receipt of any grant under this 
section that the group or individual or the State or State agency receiv-
ing such grant furnish adequate assurances to the Secretary of Labor 
that all laborers and mechanics employed by contractors or subcon-
tractors on construction projects assisted under this section shall be 
paid wages at rates not less that those prevailing on similar construc-
tion in the locality as determined by the Secretary of Labor in accord-
ance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—2fr6a-5). 78'^sta5r'238!^^' 
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 (15 F.E. 3176; 5 U.S.C. 
133Z-15) and section 2 of the Act of June 13, 1934, as amended 
^4 stat. i267. 
(40U.S.C. 276c). 
^ 
63 Stat. 108. 
(1) The Chairman 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 Act which 
can be made by other Federal agencies under existing programs. 
TRANSFER OF T H E NATIONAL COUNCIL ON T H E ARTS 
SEC. 6. (a) The National Council on the Arts, established by the 
National Arts and Cultural Development Act of 1964, and its func-
tions are transferred from the Executive Office of the President to 
the National Endowment for the Arts. 
(b) The National Council on the Aits shall, in addition to per-
forming any of the duties and responsibilities prescribed by the 
National Arts and Cultural Development Act of 1964, (1) advise 
78 stat. 905. 
the Chairman with respect to policies, programs, and procedures for note."^^ ^'^^ 
carrying out his functions, duties, or responsibilities pursuant to the 
provisions of this Act, and (2) review applications for financial 
assistance made under this Act and make recommendations thereon 
to the Chairman. 
The Chairman shall not approve or disapprove 
any such application until he has received the recommendation of 
the Council on such application, unless the Council fails to make a 
recommendation thereon within a reasonable time. 
(c) The function of the Secretary of the Smithsonian Institution 
wath respect to serving as an ex officio member of the National Council 
on the Arts, now derived from section 5(a) of the National Arts and 
Cultural Development Act of 1964, is hereby abolished. 
(d)(1) The first sentence of section 5(a) of the National Arts 
and Cultural Development Act of 1964 is amended by striking out 
"twenty-four" and inserting in lieu thereof "twenty-six". 
850 
PUBLIC LAW 89-209-SEPT. 29, 1965 
[79 STAT. 
78 Stat, 905, 
(2) Clause (2) of the first sentence of section 5(b) of such Act is 
20 use 784, 
amended by inserting, immediately after "taking office", the following: 
"prior to May 31, 1965,". 
(3) The second sentence of section 7(a) of such Act is amended by 
striking out "Thirteen" and inserting "Fourteen". 
(4:) Section 7(d) of such Act is hereby repealed. 
(5) Section 10 of such Act is hereby repealed. 
(e) Except as inconsistent with the provisions of this Act, the provi-
sions of the National Arts and Cultural Development Act of 1964 shall 
be applicable with respect to the Chairman and the National Council 
on the Arts insofar as necessary for, or incidental to, carrying out the 
objectives of this Act. 
ESTABLISHMENT OF THE NATIONAL ENDOWMENT FOR THE 
HUMANITIES 
SEC. 7. (a) There is established within the Foundation a National 
Endowment for the Humanities. 
(b) (1) The Endowment shall be headed by a chairman, who shall 
be appointed by the President, by and with the advice and consent of 
the Senate. The Chairman shall receive compensation at the rate 
prescribed by law for the Director of the National Science Foundation. 
(2) The term of office of the Chairman shall be four years, and the 
Chairman 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 Chairman. 
(c) The Chairman, with the advice of the Federal Council on the 
Arts and the Humanities and the National Council on the Humanities 
(hereinafter established), is authorized 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 potential of the United States in the humanities by 
making arrangements (including grants, loans, and other forms 
of assistance) with individuals or groups to support such 
activities; 
(3) award fellowships and grants to institutions or individuals 
for training and workships in the humanities. 
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) foster the interchange of information in the humanities; 
(5J foster, through grants or other arrangements with groups, 
public understanding and appreciation of the humanities; and 
(6) support the publication of scholarly works in the human-
ities without regard to the provisions of section 87 of the Act of 
January 12, 1895 (28 Stat. 622), and section 11 of the Act of 
63 Stat, 405, 
MaTch 1,1919 (40-Stat. 1270; 44 U.S.C. I l l ) . 
(d) The Chairman shall correlate the programs of the National 
Endowment for the Humanities, 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 Act which 
can be made by other Federal agencies under existing programs. 
(e) The total amount of any grant under subsection (c) (3) 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. 
79 STAT. ] 
PUBLIC LAW 89-209-SEPT. 29, 1%5 
851 
ESTABLISHMENT OF THE NATIONAL COUNCIL ON THE HUMANITIES 
SEC. 8. (a) There is established in the National Endowment for 
the Humanities a National Council on the Humanities. 
(b) The Council shall be composed of the Chairman of the National 
Endowment on the Humanities, who shall be the Chairman of the 
Council, and twenty-six other members appointed by the President 
from private life. 
Such members shall be selected on the basis 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 recom-
mendations as may from time to time be submitted to him by leading 
national organizations concerned with the humanities. 
(c) 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 
his predecessor was appointed. 
No member shall be eligible for 
reappointment during the two-year period following the expiration 
of his ternh 
(d) The Council shall meet at the call of the Chairman but not 
less often than twice during each calendar year. 
Fourteen members 
of the Council shall constitute a quorum. 
(e) Members not otherwise employed by the Federal Government 
shall receive compensation and be allowed travel expenses in the same 
manner as is provided in section 8 of Public Law 88-579 for the 
jo us^c js?' 
National Council on the Arts. 
(f) The Counciil shall (1) advise the Chairman with respect to 
policies, programs, and procedures for carrying out his functions, and 
(2) shall review applications for financial support and make recom-
mendations thereon to the Chairman. The Chairman shall not 
approve or disapprove an application until he has received the Coun-
cil s recommendation unless the Council fails to make a recommenda-
tion on the application within a reasonable time. 
ESTABLISHMENT OF THE FEDERAL COUNCIL ON THE ARTS AND THE 
HUMANITIES 
SEC. 9. (a) There is established within the Foundation a Federal 
Council on the Arts and the Humanities. 
(b) The Council shall be composed of the Chairman of the National 
Endowment for the Arts, the Chairman of the National Endowment 
for the Humanities, the United States Commissioner 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, and a member designated by the Secretary of State. The Presi-
dent shall designate the Chairman of the Council from among the 
members. The President is authorized to change the membership of 
the Council from time to time as he deems necessary to meet changes 
in Federal programs or executive branch organization. 
(c) The Council shall— 
(1) advise and consult with the Chairman of the National 
Endowment for the Arts and the Chairman of the National 
Endowment for the Humanities on major problems arising in 
carrying out the purposes of the Foundation; 
852 
PUBLIC LAW 89-209-SEPT. 29, 1965 
[79 STAT. 
(2) coordinate, by advice and consultation, so far as is prac-
ticable, the policies and operations of the National Endowment 
for the Arts and the National Endowment for the Humanities, 
including joint support of activities, as appropriate; 
(3) promote coordination between the programs and activities 
of the Foundation and related programs and activities of other 
Federal agencies; and 
(4) plan and coordinate appropriate participation (including 
productions and projects) in major and historic national events. 
ADMINISTRATIVE PROVISIONS 
SEC. 10. (a) In addition to any authorities vested in them by other 
provisions of this Act, the Chairman of the National Endowment for 
the Arts and the Chairman of the National Endowment for the 
Humanities, in carrying out their respective functions, shall each have 
authority— 
(1) to prescribe such regulations as he deems necessary gov-
erning the manner in which his functions shall be carried out; 
(2) to receive money and other property donated, bequeathed, 
or devised, without condition or restriction other than that it be 
used for the purposes of the Foundation or one of its Endowments, 
to the National Endowment for the Arts, or the National Endow-
ment for the Humanities; and to use, sell, or otherwise dispose of 
such property for the purpose of carrying out sections 5(c) and 
7 (c) and for the purpose of carrying out the functions transferred 
by section 6(a) of this Act; 
(3) in the discretion of the Chairman of an Endowment, to 
receive (and to use, sell, or otherwise dispose of, in accord-
ance with paragraph (2)) money and other property donated, 
bequeathed, or devised to that Endowment with a condition or 
restriction, including a condition that the Chairman use other 
funds of that Endowment for the purposes of the gift; 
(4) appoint employees, subject to the civil service laws, as 
necessary to carry out his functions, define their duties, and super-
vise and direct their activities; 
(5) utilize from time to time, as appropriate, experts and con-
sultants, including panels of experts, who may be employed as 
authorized by section 15 of the Administrative Expenses Act of 
60 Stat. 810. 
1946, as amended (5 U.S.C. 55a) ; 
(6) accept and utilize the services of voluntary and uncompen-
sated personnel and reimburse them for travel expenses, including 
60 Stat. 808; 
p^r diem, as authorized by law (5 U.S.C. 73b-2) for persons in 
^ *
^
^
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°" 
the Government service employed without compensation; 
(7) rent office space in the District of Columbia; and 
(8) make other necessary expenditures. 
In any case in which any money or other property is donated, 
bequeathed, or devised to the Foundation (A) without designation of 
the Endowment for the benefit of which such property is intended, 
and (B) 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 within the scope of paragraph (2) of this subsection, and 
each Chairman of an Endowment shall have authority to receive such 
property under such paragraph. 
In any case in which any money or 
other property is donated, bequeathed, or devised to the Foundation 
with a condition or restriction similar to a condition or restriction 
covered by paragraph (3) of this subsection, such property shall be 
deemed to have been donated, bequeathed, or devised, within the scope 
79 STAT. ] 
PUBLIC LAW 89-209-SEPT. 29, 1965 
853 
of such paragraph, 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 Chairman of an Endowment 
shall have authority to receive such property under such paragraph. 
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 dis-
tribution between each of the Endowments of the property so donated, 
bequeatlied, or devised. 
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 Endow-
ments and received by the Chairman of an Endowment pursuant to 
authority derived tmder this subsection shall be deemed to have been 
donated, bequeathed, or devised to or for the use of the United States. 
(b) The Chairman of the National p:ndowment for the Arts and ./^P°'"Vr ^'•^^" 
the Chairman of the National Endowment tor the Humanities shall gress. 
each submit an annual rej)ort to the President for transmittal to the 
Congress on or before the loth day of January of each year. 
The 
I'eport shall summarize the activities of the Endowment for the pre-
ceding year, and may include such recommendations as the Chairman 
deems appropriate. 
(c) The National Council on the Arts and the National Council on .^^?°'"V° P'^^' 
\ / 
, . 
. 
, 
1 
1 
• 
1 
ident and Con-
the Humanities, respectively, may each submit an annual report to gress, 
the President for transmittal to the Congress on or before the 15th day 
of January of each year setting forth a summary of its activities dur-
ing the preceding year or its I'ecommendations for any measures which 
it consider necessary or desirable. 
AUTIIORJZA'ilOX OF A1»PK()PKIATKJNS 
SEC. 11. (a) For the purpose of carrying out sections 5 (c) and 7(c) 
and the functions transferred by section H(a) of this Act, there is 
authorized to be appropriated for the fiscal year ending June 30,1966, 
and each of the two succeeding fiscal years the sum of $10,000,000; but 
for the fiscal year ending June 80,1969, and each subsequent fiscal year, , 
only such sums may be ap]:)ropriated as the (Congress may hereaftei-
authorize by law. 
Sums appropriated under the authority of this 
subsection shall be equally divided between the Endowments of the 
Foundation, and shall remain available until expended. 
(b) In addition to the sums authorized by subsection (a), there is 
authorized to be appropriated to each Endowment an amount equal to 
the total of amounts received by that Endowment under section 
10(a)(2) of this Act, except that amounts appropriated to the 
National Endowment for the Arts under this subsection may not 
exceed $2,250,000 for any fiscal year, and amounts appropriated to the 
National Endowment for the Humanities under this subsection may 
not exceed $5,000,000 for any fiscal year. 
Amounts apj^ropriated to 
an Endowment under this subsection shall remain available until 
expended. 
(c) There is hereby authorized to be appropriated to the National 
Endowment for the Arts the sum of $2>,750,()00 for each fiscal year, 
beginning with the fiscal year beginning on July 1, 1966, for the pur-
poses of section 5(h). Sums appropriated under this subse^'tion aliaII 
remain available until expended. 
(d) There are authorized to be appropriated such sums as may hv. 
necessary to administer tlie provisions of this Act. 
77 Stat. 416. 
854 
PUBLIC LAW 89-209-SEPT. 29, 1965 
[79 STAT. 
(e) 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. 
FINANCIAL ASSISTANCE FOR STRENGTHENING INSTRUCTION I N T H E 
H U M A N I T I E S AND T H E ARTS 
SEC 12. (a) There is authorized to be appropriated to the Com-
missioner of Education for the fiscal year ending June 30, 1966, and 
each of the two succeeding years the sum of $500,000; but for the fiscal 
year ending on June 30, 1969, and each subsequent fiscal year, only 
such sums may be appropriated as the Congress may hereafter author-
ize by law. 
Such sums shall be used for (1) making payments to 
State educational agencies under this section for the acquisition of 
equipment (suitable for use in providing education in the humanities 
and the arts) and for minor remodeling described in subsection (c) (1) 
of this section, and (2) making loans authorized in subsection (f) 
of this section. 
(b) Sums appropriated pursuant to subsection (a) shall 
be 
allotted in the same manner as provided in subsections (a) and (c) 
of section 302 of the National Defense Education Act of 1958, as 
amended (72 Stat. 1588; 20U.S.C. 442). 
(c) Any State which desires to receive payments under this section 
shall submit to the Commissioner of Education through its State edu-
cational agency a State plan which meets the requirements of section 
1004(a) of the National Defense Education Act of 1958, as amended 
(72 Stat. 1603; 20 U.S.C. 584), and— 
(1) sets forth a program under which funds paid to the State 
from its allotment under subsection (b) of this section will be 
expended solely for projects approved by the State educational 
agency for (A) acquisition of special equipment (other than sup-
plies consumed in use), including audiovisual materials and equip-
ment, and printed and published materials (other than textbooks), 
suitable for use in providing education in the humanities and the 
arts, and (B) minor remodeling of laboratory or other space 
used for such materials or equipment; 
(2) sets forth principles for determining the priority of such 
projects in the State for assistance under this section and provides 
for undertaking such projects, insofar as financial resfouroes avail-
able therefor make possible, in the order determined by the appli-
cation of such principles; 
(3) provides an opportunity for a hearing before the State 
educational agency to any applicant for a project under this 
section; and 
(4) provides for the establislunent of standards on a State 
level for special equipment acquired with assistance furnished 
under this section. 
(d) The Commissioner shall approve any State plan and any modifi-
cation thereof which complies with the provisions of subsection (c) of 
this section and the provisions of subsctions (b) and (c) of section 
1004 of the National Defense Education Act, as amended (72 Stat. 
1603; 20 U.S.C. 584), shall apply to this section in the same manner 
as applicable to State plans under that Act. 
79 STAT. ] 
PUBLIC LAW 89-210-SEPT. 29, 1965 
855 
(e) Payments to States from allotments made under subsection 
(b) shall be made in the same manner as provided in section 304 of 
the National Defense Education Act of 1968, as amended (72 Stat. 
1589;20U.S.C. 444). 
(f) The Commissioner shall allot and administer loans to nonprofit 
private schools in the same manner as provided in section 305 of the 
National Defense Education Act of 1968, as amended (72 Stat. 1690; 
20U.S.C. 445). 
TEACHER TRAINING INSTITUTES 
SEC. 13. (a) There is authorized to be appropriated to the Com-
missioner of Education for the fiscal year ending June 30, 1966, and 
each of the two succeeding years the sum of $500,000; but for the 
fiscal year ending on June 30, 1969, and each subsequent fiscal year, 
only such sums may be appropriated as the Congress may hereafter 
authorize by law. 
Such sums shall be used to enable the Commis-
sioner of Education to arrange, through grants or contracts, with 
institutions of higher education for the operation by them within the 
United States of short term or regular session institutes for advanced 
study, including study in the use of new materials, to improve the 
(lualification of individuals who are engaged in or preparing to engage 
in the teaching or supervising or training of teachers, of such subjects 
as will, in the judgment of the Commissioner, after consultation with 
the Chairman of the National Endowment for the Humanities, 
strengthen the teaching of the humanities and the arts in elementary 
and secondary schools. 
(b) Each individual who attends an institute operated under the 
provisions of this part shall be eligible (after application therefor) 
to receive a stipend at the rate of $76 per week for the period of his 
attendance at such institute, and each such individual with one or 
more dependents shall receive an additional stipend at the rate of 
$16 per week for each such dependent. 
PRESIDENTIAL APPOINTMENTS 
SEC. 14. The President is requested to make such appointments 
(including any nomination) as are provided for in this Act within 
ninety days after the enactment of this Act. 
Approved September 29, 1965. 
Public Law 89-210 
AN A C T 
September 29,, 1965 
To amend section 170 of the Atomic Energy Act of 1954, as amended. 
^^' ^"'^^ I 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled, That subsection 170 A^*of"i9M"^'^^^ 
c. of the Atomic Energy Act of 1954, as amended, is amended to read amendment.' 
as follows: 
I^ f^oA'"'• 
• 
• 
42 use 22in 
"c. The Commission shall, with respect to licenses issued 
Aggregate in. 
between August 30,1954, and August 1,1977, for which it requires demnity. 
financial protection, agree to indemnify and hold harmless the 
licensee and other persons indemnified, as their interest may 
appear, from public liability arising from nuclear incidents 
which is in excess of the level of financial protection required 
of the licensee. The aggregate indemnity for all persons 
indemnified in connection with each nuclear incident shall not