An Act to amend the National Foundation on the Arts and the Humanities Act of 1965
PL 90-348 (H.R.11306), enacted 06/18/1968

184 
PUBLIC LAW 90-347-JUNE 18, 1968 
[82 STAT. 
June 18, 1968 
[S.2349] 
Circuit judges, 
additional ap-
pointments. 
28 use 44 note. 
62 Stat. 871. 
Public Law 90-347 
AN ACT 
To provide for the apiwintinent of additional circuit judges. 
Be it enacted hy the Senate and Hou^e of Reprenentatlven of the 
United Statefi of America In Congress assembled, That the President 
shall appoint, by and with the advice and consent of the Senate, one 
additional circuit judge for the third circuit, two additional circuit 
judges for the fifth circuit, one additional circuit judge for the six':h 
circuit, four additional circuit judges for the ninth circuit, and one 
additional circuit judge for the tenth circuit. 
SEC. '2. Section 1 (c) of the Act of March 18, 1966 (80 Stat. 75), per-
taining to the appointment of four additional circuit judges for the 
fifth circuit is hereby amended in part by deleting the final sentence, 
providing, "The first four vacancies occurring in the office of circuit 
judge in said circuit shall not be filled." These judgeships are hereby 
made permanent and the present incumbents of such judgeships shall 
henceforth hold their offices under section 44 of title 28, United States 
Code, as amended by this Act. 
SEC. 8. In order that the table contained in section 44(a) of title 
28 of the United States Code will reflect the changes made by sections 
1 and 2 in the number of circuit judges for said circuits, such table 
is amended to read as follows with respect to said circuits: 
"Circuits 
Number of judges 
Third 
1—1- 
Nine 
Fifth 
Fifteen 
Sixth 
Nine 
* 
* 
* 
* 
« 
* 
« 
Ninth 
Thirteen 
Tenth 
Seven" 
Approved June 18, 1968. 
Public Law 90-348 
June 18, 
1968 
[H.R. 
11308] 
National Foun-
dation on the Arts 
and the Humanities 
Act of 1965, 
amendment. 
79 Stat. 845. 
20 use 952. 
AN ACT 
To amend the National Foundation on the Arts and the Humanities Act of 1965. 
Be It enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ 
SECTION 1. Section 3(f) of the National Foundation on the Arts 
and the Humanities Act of 1965 is amended to read as follows: 
" (f) The term 'workshop' means an activity the primary purpose of 
which is to encourage the artistic development or enjoyment of ama-
teur, student, or other nonprofessional participants, or to promote 
scholarship and teaching among the participants." 
9!.l>; 
82 STAT. ] 
PUBLIC LAW 90-348-JUNE 18, 1968 
185 
SEC. 2. (a) Section 5(c) and section 5(f) of the National Founda- „f„^/j°"^he"Ar°tr 
tion on the Arts and the Humanities Act of 1965 are amended to read "" ojntrLct author-
as follows: 
ity-^ ^g^ gg^ 
"(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 contracts with, or 
grants-in-aid to, groups or, in appropriate cases, individuals of excep-
tional talent engaged m 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 main-
tenance and encouragement of professional excellence; 
"(2) productions, meeting professional standards or standards 
of authenticity, irrespective of origin, which are of significant 
merit and which, without such assistance, would otherwise be un-
available 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." 
"(f) The total amount of any grant to any group pursuant to sub- 
Grant umita-
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 the purposes of subsection (c) for any fiscal year may be available 
for grants and contracts in that fiscal year without regard to such 
limitation." 
(b) Section 5(j) and section 5(k) of the National Foundation on the 
Arts and the Humanities Act of 1965 are amended by inserting after 
the words "or individual" wherever they appear in such subsections 
the following: "of exceptional talent". 
' 
SEC. 3. Section 5(h) (3) and section 5(h) (5) of the National Foun- use of allotted 
dation on the Arts and the Humanities Act of 1965 are amended to^""'^^ 
read as follows: 
"(3) Funds appropriated to carry out the purpose of this section 
5(h) for any fiscal year shall be equally allotted among the States." 
"(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 ^ear to the National Endowment for the Arts for the 
purpose of carrying out section 5(c)." 
SEC. 4. Section 6(b) and section 8(f) of the National Foundation National coun-
on the Arts and the Humanities Act oi 1965 are amended to read as ^^ApJiJ^ajfo^'Ve-
f o U o W S : 
view by Chairman. 
"(b) The National Council on the Arts shall, in addition to per-^^^^^ ^^^ ^^5' 
forming any of the duties and responsibilities prescribed by the 
186 
PUBLIC LAW 90-348-JUNE 18, 1968 
[82 STAT. 
78 Stat. 905. 
20 u s e 781 
note. 
National Coun-
cil on the Human-
ities. 
Application re-
view by Chair-
man. 
Donations to an 
Endowment. 
79 Stat. 852. 
20 u s e 959. 
20 u s e 954, 
956, 955. 
applications for financial support and make recom-
>on to the Chairman. The Chairman shall not approve 
National Arts and Cultural Development Act of 1964, (1) advise the 
Chairman with respect to policies, programs, and procedures for 
carrying out his functions, duties, or responsibilities pursuant to the 
provisions of this Act, and (2) review applications for financial assist-
ance 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. In the case of any application involv-
ing $10,000 or less, the Chairman 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 Chairman, and provided that each 
such action by the Chairman shall be reviewed by the Council." 
"(f) The Council shall (1) advise the (liairman with respect to 
policies, programs, and procedures for carrying out his functions, and 
(2) shall review 
mendations thereon 
or disapprove any such application until he has received the recom-
mendation 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 $10,000 or less, the Chairman 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 Chair-
man, and provided that each such action by the Chairman shall be 
reviewed by the Council." 
SEC. 5. Section 10 of the National Foundation on the Arts and the 
Humanities Act of 1965 is amended by: 
(a) repealing paragraphs (2) and (3) of subsection (a) and 
inserting in lieu thereof the following: 
" (2) in the discretion of the Chairman 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 Chairman use other funds of that Endowment for the 
purposes of the gift; and to use, sell, or otherwise dispose of 
such property for the purpose of carrying out sections 5(c) 
and 7(c) and the functions transferred by section 6(a) of 
this Act;" 
(b) redesignating paragraphs "(4)", "(5)", "(6)", "(7)", and 
"(8)"asparagraphs"(3)","(4)","(5)","(6)",and"(7)". 
(c) amending the text following subsection (a) (8) to read as 
follows: 
"In any case in which any money or other property is donated, be-
queathed, or devised to the Foundation (A) without desi^iation 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 ea<;h Endow-
ment and each Cliairman of an Endowment shall have authority to 
receive such property. In any case in which any money or other prop-
erty is donated, bequeathed, or devised to the Foundation with a con-
dition 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 Chairman of an 
82 STAT.] 
PUBLIC LAW 90-348-JUNE 18, 1968 
187 
Endowment shall liave authority to receive such pi-operty. 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 restric-
tion 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 be-
tween each of the Endowments of the property so donated, bequeathed, 
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 P^ndowment pursuant 
to autliority derived under this subsection shall be deemed to have been 
donated, bequeathed, or devised to or for the use of the United States." 
SEC. 6. Section 11 of the National Foundation on the Arts and the 
Humanities Act of 1965 is amended by— 
(a) amending subsection (a) to read as follows: 
"(a) For the purpose of carrying out section 5(c) and the functions 
transferred by section 6(a) of this Act, there is hereby authorized to be 
appropriated to the National P^ndowment for the Arts $6,000,000 for 
the fiscal year ending June 30, 1969, and $6,500,000 for the fiscal year 
ending June 30, 1970; for the purpose of carrying out section 7(c) of 
this Act there is hereby authorized to be appropriated to the National 
Endowment for the Humanities $8,000,000 for the fiscal year ending 
June 30, 1969, and $9,000,000 for the fiscal year ending June 30, 1970. 
In addition, there is hereby authorized to be appropriated to the 
National P^ndowment for the Arts for the purposes of section 5(h) the 
sum of $2,000,000 for the fiscal year ending June 30,1969, and $2,500,000 
for the fiscal year ending June 30, 1970. Sums appropriated under the 
authority of this subsection shall remain available until expended. For 
each subsequent fiscal year such sums may be approj^riated as the Con-
gress may hereafter authorize by law to carry out the provisions of this 
subsection.-' 
(b) amending subsection (b) to read as follows: 
"(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 the amount so appropriated for the 
fiscal year ending June 30, 1969, and the amount so appropriated for 
the fiscal year ending June 30, 1970, shall not aggregate more than 
$13,500,000. Amounts appropriated to an Endowment under this sub-
section shall remain available until expended. For each subsequent 
fiscal year such sums may be appropriated as the Congress may here-
after authorize by law to carry out the provisions of this subsection." 
(c) repealing subsection (c). 
(d) redesignating subsections " ( d ) " and "(e)" as subsections 
"(c)" and "(d)". 
SEC. 7. Section 3(a) and section 3(b) of the National Foundation on 
the Arts and the Humanities Act of 1965 are amended to read as 
follows: 
"(a) The term 'humanities* includes, but is not limited to, the study 
of the following: language, both modern and classical; linguistics; 
literature; history; jurisprudence; philosophy; archeology; the his-
tory, criticism, theory, and practice of the arts; those aspects of the 
social sciences which have humanistic content and employ humanistic 
Appropriations. 
79 Stat. 853. 
20 u s e 960. 
Ante, p. 185. 
20 u s e 956. 
Ante, p. 185. 
Additional ap-
propriation. 
Ante, p. 186. 
Repeal. 
Definitions. 
79 Stat. 845. 
20 u s e 952. 
"Humanities." 
188 
PUBLIC LAW 90-349-JUNE 19, 1968 
[82 STAT. 
"The arts." 
methods; and the study and application of the humanities to the 
human environment. 
"(b) The term 'the arts' includes, but is not limited to, music (in-
strumental 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, radio, tape and sound recording, the arts related 
to the presentation, performance, execution, and exhibition of such 
major art forms, and the study and application of the arts to the 
human environment." 
Approved June 18, 1968. 
June 19, 
1968 
[H.R. 
16911] 
Public Law 90-349 
AN ACT 
To provide for United States participation in the facility based on Special Draw-
ing Rights in the International Monetary Fund, and for other purposes. 
Special Draw-
ing Rights Act. 
48 Stat. 341. 
Special Draw-
ing Right certifi-
cates, issuance 
and purpose. 
Limitation. 
Proceeds. 
Be It enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may be 
cited as the "Special Drawing Rights Act." 
SEC. 2. The President is hereby authorized (a) to accept the amend-
ment to the articles of agreement of the International Monetary Fund 
(hereinafter referred to as the "Fund"), attached to the April 1968 
report by the Executive Directors to the Board of Governors of the 
Fund, for the purpose of (i) establishing a facility based on Special 
Drawing Rights in the Fund and (ii) giving effect to certain modifi-
cations in the present rules and practices of the Fund, and (b) to par-
ticipate in the special drawing account established by the amendment. 
SEC. 3. (a) Special Drawing Rights allocated to the LTnited States 
pursuant to article X X I V of tne Articles of Agreement of the Fund, 
and Special Drawing Rights otherwise acquired by the United States, 
shall be credited to the account of, and administered as part of, the 
Exchange Stabilization Fund established by section 10 of the Gold 
Reserve Act of 1984, as amended (31 U.S.C. 822a). 
(b) The proceeds resulting from the use of Special Drawing Rights 
by the LTnited States, and payments of interest to the United States 
pursuant to article XXVI, article X X X , and article X X X I of the 
Articles of Agreement of the Fund, shall be deposited in the Exchange 
Stabilization Fund. Currency payments by the United States in return 
for Special Drawing Rights, and payments of charges or assessments 
pursuant to article XXVI, article X X X , and article X X X I of the 
Articles of Agreement of the Fund, shall be made from the resources 
of the Exchange Stabilization Fund. 
SEC. 4. (a) The Secretary of the Treasury is authorized to issue to 
the Federal Reserve banks, and such banks shall purchase. Special 
Drawing Right certificates in such form and in such denominations 
as he may determine, against any Special Drawing Rights held to the 
credit of the Exchange Stabilization Fund. Such certificates shall be 
issued and remain outstanding only for the purpose of financing the 
acquisition of Special Drawing Rights or for financing exchange 
stabilization operations. The amount of Special Drawing Right cer-
tificates issued and outstanding shall at no time exceed the value of the 
Special Drawing Rights held, against the Special Drawing Rights 
certificates. The proceeds resulting from the issuance of Special Draw-
ing Right certificates shall be covered into the Exchange Stabilization 
Fund.