An Act to amend the act entitled ""An Act to provide in the Department of Health, Education, and Welfare, for a loan service of captioned films for the deaf,"" approved September 2, 1958, as amended in order to further provide for a loan service of education media for the deaf, and for other purposes
PL 89-258 (S.2232), enacted 10/19/1965

79 STAT.] 
PUBLIC LAW 89-258-OCT. 19, 1965 
983 
Public Law 89-258 
AN ACT 
To amend the Act entitled "An Act to provide in the Department of Health, 
Education, and Welfare for a loan service of captioned films for the deaf", 
approved September 2, 1958, as amended, in order to further provide for a 
loan service of educational media for the deaf, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assenibled^ That the Act entitled 
"An Act to provide in the Department of Health, Education, and 
Welfare for a loan service of captioned films for the deaf", approved 
September 2, 1958, as amended (42 U.S.C. 2491 et seq.), is hereby 
amended to read as follows: 
"That the objectives of this Act are— 
"(a) to promote the general welfare of deaf persons by (1) bring-
ing to such persons understanding and appreciation of those films 
which play such an important part in the general and cultural advance-
ment of hearing persons, (2) providing through these films, enriched 
educational and cultural experiences through which deaf persons can 
be brought into better touch with the realities of their environment, 
and (3) providing a wholesome and rewarding experience which deaf 
persons may share together; and 
"(b) to promote the educational advancement of deaf persons by 
(1) carrying on research in the use of educational media for the deaf, 
(2) producing and distributing educational media for the deaf and for 
parents of deaf children and other persons who are directly involved 
in work for the advancement of the deaf or who are actual or poten-
tial employers of the deaf, and (3) training persons in the use of 
educational media for the instruction of the deaf. 
"SEC. 2. As used in this Act— 
"(1) The term 'Secretary' means the Secretary of Health, Edu-
cation, and Welfare. 
" (2) The term 'United States' means any State of the United States, 
the District of Columbia, the Commonwealth of Puerto Rico, Guam, 
the Virgin Islands, and American Samoa. 
"(3) The term 'deaf person' includes a person whose hearing is 
severely impaired. 
"SEC. 3. (a) In order to carry out the objectives of this Act, the 
Secretary shall establish a loan service of captioned films and educa-
tional media for the purpose of making such materials available in 
the United States for nonprofit purposes to deaf persons, parents of 
deaf persons, and other persons directly involved in activities for the 
advancement of the deaf in accordance with regulations promulgated 
by the Secretary. 
"(b) In carrying out the provisions of this Act, the Secretary 
shall have authority to— 
"(1) acquire films (or rights thereto) and other educational 
media by purchase, lease, or gift; 
"(2) acquire by lease or purchase equipment necessary to the 
administration of this Act; 
" ^3) provide for the captioning of films; 
" (4) provide for the distribution of captioned films and other 
educational media and equipment through State schools for the 
deaf and such other agencies as the Secretary may deem appro-
priate to serve as local or regional centers for such distribution; 
"(5) provide for the conduct of research in the use of educa-
tional and training films and other educational media for the 
deaf, for the production and distribution of educational and train-
October 19, 1965 
[S. 2232] 
Educational 
media for the deaf, 
additional loan 
service. 
72 Stat. 1742; 
76 Stat. 654. 
Definitions. 
Administrative 
authority. 
984 
PUBLIC LAW 89-258-OCT. 19, 1965 
[79 STAT. 
Appropriation. 
National Advis-
ory Committee on 
Education of the 
Deaf. 
Establishment. 
Term of office. 
Restriction. 
Functions. 
Additional ad-
visory personnel. 
Compensation. 
ing films and other educational media for the deaf and the training 
of persons in the use of such films and media; 
"(6) utilize the facilities and services of other governmental 
agencies; and 
"(7) accept gifts, contributions, and voluntary and uncompen-
sated services of individuals and organizations. 
"SEC, 4. There are hereby authorized to be appropriated not to 
exceed $3,000,000 annually for each of the fiscal years 1966 and 1967, 
$5,000,000 annually for each of the fiscal years 1968 and 1969, and 
$7,000,000 annually for fiscal year 1970 and each succeeding fiscal year 
thereafter. 
"SEC. 5. (a) (1) For the purpose of advising and assisting the Sec-
retary of Health, Education, and Welfare (hereinafter in this section 
referred to as the 'Secretary') with respect to the education of the 
deaf, there is hereby created a National Advisory Committee on Edu-
cation of the Deaf, which shall consist of twelve persons, not otherwise 
in the employ of the United States, appointed by the Secretary with-
out regard to the civil service laws. 
"(2) The membership of the Advisory Committee shall include 
educators of the deaf, persons interested in education of the deaf, 
educators of the hearing, and deaf individuals. 
"(3) The Secretary shall from time to time designate one of the 
members of the Advisory Committee to serve as Chairman of the 
Advisory Committee. 
"(4) Each member of the Advisory Committee shall serve for a 
term of four years, except that any member aj^pointed to fill a vacancy 
occurring prior to the expiration of the tei-m for which his predecessor 
was appointed shall be appointed only for the remainder of such term, 
and except that the terms of the office of the members first taking office 
shall expire, as designated by the Secretary at the time of appoint-
ment, three at the end of the first year, three at the end of the second 
year, three at the end of the third year, and three at the end of the 
fourth year after the date of appointment. 
"(5) A member of the Advisory Committee shall not be eligible to 
serve continuously for more than one term. 
"(b) The Advisory Committee shall advise the Secretary concern-
ing the carrying out of existing and the formulating of new or modi-
fied programs with respect to the education of the deaf. In carrying 
out its functions, the Advisory Committee shall (A) make recom-
mendations to the Secretary for the development of a system for 
gathering information on a periodic basis in order to facilitate the 
assessment of progress and identification of problems in the education 
of the deaf; (B) identify emerging needs respecting the education of 
the deaf, and suggest innovations which give promise of meeting such 
needs and of otherwise improving the educational prospects of deaf 
individuals; (C) suggest promising areas of inquiry to give direction 
to the research efforts of the Federal Government in improving the 
education of the deaf; and (D) make such other recommendations for 
administrative action or legislative proposals as may be appropriate. 
"(c) The Secretary may, at the request of the Advisory Committee 
appoint such special advisory professional or technical personnel as 
may be necessary to enable the Advisory Committee to carry out 
its duties. 
"(d) Members of the Advisory Committee, and advisory or tech-
nical personnel appointed pursuant to subsection (c), while attending 
meetings or conferences of the Advisory Committee or otherwise 
serving on business of the Advisory Committee, shall be entitled to 
receive compensation at rates fixed by the Secretary, but not exceeding 
79 STAT. ] 
PUBLIC LAW 89-259-OCT. 19, 1965 
985 
$100 per day including travel time and while serving away from their 
homes or ivgiilar places of business they may be allowed travel 
expenses, including per diem in lieu of subsistence, as authorized by 
section 5 of the Administrative Expenses Act (5 U.S.C. 73b-2) for 
^o stat. sos. 
persons in the Government service employed intermittently. 
340. ^ ' 
' 
"(e) The Advisory Committee shall meet at the request of the Sec-
retary, but at least semiannually." 
Approved October 19, 1965. 
Public Law 89-259 
AN ACT 
October 19, 1965 
To render immune from seizure under judicial process certain objects of cultural 
1
^
^
- ^^73] 
significance imported into the United States for temporary display or 
exMbition, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of Amenca in Congress assembled.^ That (a) whenever 
Ex"m^tio°nlrom' 
any w^ork of art or other object of cultural significance is imported seizure. 
into the United States from any foreign country, pursuant to an ^^^''^^aff ""^^ '^^" 
agreement entered into between the foreign owner or custodian thereof 
pXucrtion in 
and the United States or one or more cultural or educational institu- Federal Register. 
tions within the United States providing for the temporary exhibition 
or display thereof within the United States at any cultural exhibition, 
assembly, activity, or festival administered, operated, or sponsored, 
without profit, by any such cultural or educational institution, no 
court of the United States, any State, the District of Columbia, or any 
territory or possession of the United States may issue or enforce any 
judicial process, or enter any judgment, decree, or order, for the pur-
pose or having the effect of depriving such institution, or any carrier 
engaged in transporting such work or object within the United States, 
of custody or control of such object if before the importation of such 
object the President or his designee has determined that such object is 
of cultural significance and that the temporary exhibition or display 
thereof within the United States is in the national interest, and a 
notice to that effect has been published in the Federal Register. 
(b) If in any judicial proceeding in any such court any such 
process, judgment, decree, or order is sought, issued, or entered, the 
United States attorney for the judicial district within which such 
proceeding is pending shall be entitled as of right to intervene as a 
party to that proceeding, and upon request made by either the insti-
tution adversely affected, or upon direction by the Attorney General 
if the United States is adversely affected, shall apply to such court 
for the denial, quashing, or vacating thereof. 
(c) Nothing contained in this Act shall preclude (1) any judicial 
action for or in aid of the enforcement of the terms of any such agree-
ment or the enforcement of the obligation of any carrier under any 
contract for the transportation of any such object of cultural sig-
nificance; or (2) the institution or prosecution by or on behalf of any 
such institution or the United States of any action for or in aid of 
the fulfillment of any obligation assumed by such institution or the 
United States pursuant to any such agreement. 
Approved October 19, 1965. 
49-850 0-66—65