An Act to provide indemnities for exhibitions of artistic and humanistic endeavors, and for other purposes.
PL 94-158 (S.1800), enacted 12/20/1975

89 STAT. 844 
PUBLIC LAW 94-158—DEC. 20, 1975 
Public Law 94-158 
94th Congress 
An Act 
Dec. 20, 1975 
[S. 1800] 
Arts and Artifacts 
Indemnity Act. 
To provide indemnities for exhibitions of artistic and humanistic endeavors, and 
for other purposes. 
Be it enacted hy the Senate and House of Representatives of the-
United States of America in Congress assembled, 
SHORT TITLE 
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SECTION 1. This Act may be cited as the "Arts and Artifacts 
Indemnity Act". 
FEDERAL COUNCIL 
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SEC. 2. (a) The Federal Council on the Arts and Humanities (here-
inafter in this Act referred to as the "Council"), established under 
section 9 of the National Foundation on the Arts and the Humanities 
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Act of 1965, is authorized to make agreements to indemnify against 
loss or damage such items as may be eligible for such indemnity 
agreements under section 3— 
(1) in accordance with the provisions of this Act; and 
(2) on such terms and conditions as the Council shall prescribe, 
by regulation, In order to achieve the purposes of this Act and, 
consistent with such purposes, to protect the financial interest of 
the United States. 
(b) For purposes of this Act, the Council shall be an "agency" 
within the meaning of the appropriate definitions of such term in 
title 5, United States Code. 
ELIGIBLE ITEMS 
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SEC. 3. (a) The Council may make an indemnity agreement under 
tliis Act with respect to^— 
(1) works of art, including tapestries, paintings, sculpture, 
folk art, graphics, and craft arts; 
(2) manuscripts,^ rare documents, books, and other printed or 
published materials; 
(3) other artifacts or objects; and 
(4) photographs, motion pictures, or audio and video tape; 
which are (A) of educational, cultural, historical, or scientific value, 
and (B) the exhibition of which is certified by the Secretary of State 
or his designee as being in the national interest. 
(b) (1) An indemnity agreement made under this Act shall cover 
eligible items while on exhibition in the United States, or elsewhere 
when part of an exchange of exhibitions, but in no case shall both parts 
of such an exchange be so covered. 
"On exhibition." 
(2) For purposes of this subsection, the term "on exhibition" 
includes that period of time beginning on the date the eligible items 
leave the premises of the lender or place designated by the lender and 
ending on the date such items are returned to the premises of the 
lender or place designated by the lender. 
PUBLIC LAW 94-158—DEC. 20, 1975 
89 STAT. 845 
APPLICATION 
SEC. 4. (a) Any person, nonj)rofit agency, institution, or govern- 20 U
S
C 973. 
ment desiring to make an indemnity agreement for eligible items under 
this Act shall make application therefor in accordance with such 
procedures, in such form, and in such manner as the Council shall, 
by regulation, prescribe. 
(b) An application under subsection (a) shall— 
(1) describe each item to be covered by the agreement (includ-
ing an estimated value of such item); 
(2) show evidence that the items are eligible under section 
3(a);and 
(3) set forth policies, procedures, techniques, and methods with 
respect to preparation for, and conduct of, exhibition of the items, 
and any transportation related to such items. 
(c) Upon receipt of an application under this section, the Council 
shall, if such application conforms w^ith the requirements of this Act, 
approve the application and make an indemnity agreement with the 
applicant. Upon such approval, the agreement shall constitute a con-
tract between the Council and the applicant pledging the full faith 
and credit of the United States to pay any amount for which the 
Council becomes liable under such agreement. The Council, for such 
purpose, is hereby authorized to pledge the full faith and credit of the 
United States. 
INDEMNITY AGREEMENT 
SEC. 5. (a) Upon receipt of an application meeting the requirements 20 U
S
C 974. 
of subsections (a) and (b) of section 4, the Council shall review the 
estimated value of the items for which coverage by an indemnity 
agreement is sought. If the Council agrees with such estimated value, 
for the purposes of this Act, the Council shall, after approval of the 
application as provided in subsection (c) of section 4, make an indem-
nity agreement. 
(b) The aggregate of loss or damage covered by indemnity agree-
ments made under this Act shall not exceed $250,000,000 at any one 
time. 
(c) No indemnity agreement for a single exhibition shall cover 
loss or damage in excess of $50,000,000. 
(d) Coverage under this Act shall only extend to loss or damage in 
excess of the first $15,000 of loss or damage resulting from a single 
exhibition. 
REGULATIONS 
SEC. 6. (a) The Council shall prescribe regulations providing for 20 U
S
C 975. 
prompt adjustment of valid claims for losses which are covered by an 
agreement made pursuant to section 5, including provision for arbi-
tration of issues relating to the dollar value of damages involving 
less than total loss or destruction of such covered objects. 
(b) In the case of a claim of loss with respect to an item which is 
covered by an agreement made pursuant to section 5, the Council shall 
certify the validity of the claim and the amount of the loss to the 
Speaker of the House of Representatives and the President pro tem-
pore of the Senate. 
89 STAT. 846 
PUBLIC LAW 94-158—DEC. 20, 1975 
AUTHORIZATION OF APPROPRIATIONS 
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SEC. 7. There are hereby authorized to be appropriated such sums 
as may be necessary (1) to enable the Council to carry out its func-
tions under this Act, and (2) to pay claims certified pursuant to 
section 6(b). 
REPORT 
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SEC. 8. The Council shall report annually to the Congress (1) all 
claims actually paid pursuant to this Act during the preceding fiscal 
year, (2) pending claims against the Council under this Act as of the 
close of that fiscal year, and (3) the aggregate face value of contracts 
entered into by the Council which are outstanding at the close of that 
fiscal year. 
EITECTIVE DATE 
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SEC. 9. This Act shall become effective 30 days after the date of the 
enactment of this Act. 
Approved December 20, 1975. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-680 accompanying H.R. 7782 (Comm. on Education and Labor). 
SENATE REPORT No. 94-289 (eomm. on Labor and Public Welfare). 
CONGRESSIONAL RECORD, VoL 121 (1975): 
July 25, considered and passed Senate. 
Dec. 1, considered and passed House, amended, in lieu of H.R. 7782. 
Dec. 4, Senate concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 52: 
Dec. 20, Presidential statement.