§ 954. — National Endowment for the Arts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC954]
TITLE 20--EDUCATION
CHAPTER 26--SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM
SERVICES
SUBCHAPTER I--NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
Sec. 954. National Endowment for the Arts
(a) Establishment
There is established within the Foundation a National Endowment for
the Arts.
(b) Chairperson of the Endowment; term of office; vacancies
(1) The Endowment shall be headed by a chairperson, to be known as
the Chairperson of the National Endowment for the Arts, who shall be
appointed by the President, by and with the advice and consent of the
Senate.
(2) The term of office of the Chairperson shall be four years and
the Chairperson shall be eligible for reappointment. The provisions of
this subsection shall apply to any person appointed to fill a vacancy in
the office of Chairperson. Upon expiration of the chairperson's term of
office the Chairperson shall serve until the Chairperson's successor
shall have been appointed and shall have qualified.
(c) Program of contracts, grants-in-aid, or loans to groups and
individuals for projects and productions; traditionally
underrepresented recipients of financial assistance
The Chairperson, with the advice of the National Council on the
Arts, is authorized to establish and carry out a program of contracts
with, or grants-in-aid or loans to, groups or, in appropriate cases,
individuals of exceptional talent engaged in or concerned with the arts,
for the purpose of enabling them to provide or support--
(1) projects and productions which have substantial national or
international artistic and cultural significance, giving emphasis to
American creativity and cultural diversity and to the maintenance
and encouragement of professional excellence;
(2) projects and productions, meeting professional standards or
standards of authenticity or tradition, irrespective of origin,
which are of significant merit and which, without such assistance,
would otherwise be unavailable to our citizens for geographic or
economic reasons;
(3) projects and productions that will encourage and assist
artists and enable them to achieve wider distribution of their
works, to work in residence at an educational or cultural
institution, or to achieve standards of professional excellence;
(4) projects and productions which have substantial artistic and
cultural significance and that reach, or reflect the culture of, a
minority, inner city, rural, or tribal community;
(5) projects and productions that will encourage public
knowledge, education, understanding, and appreciation of the arts;
(6) workshops that will encourage and develop the appreciation
and enjoyment of the arts by our citizens;
(7) programs for the arts at the local level;
(8) projects that enhance managerial and organizational skills
and capabilities;
(9) projects, productions, and workshops of the kinds described
in paragraphs (1) through (8) through film, radio, video, and
similar media, for the purpose of broadening public access to the
arts; and
(10) other relevant projects, including surveys, research,
planning, and publications relating to the purposes of this
subsection.
In the case of publications under paragraph (10) of this subsection such
publications may be supported without regard for the provisions of
section 501 of title 44 only if the Chairperson consults with the Joint
Committee on Printing of the Congress and the Chairperson submits to the
Committee on Labor and Human Resources of the Senate and the Committee
on Education and Labor of the House of Representatives a report
justifying any exemption from such section 501. Any loans made by the
Chairperson under this subsection shall be made in accordance with terms
and conditions approved by the Secretary of the Treasury. In selecting
individuals and groups of exceptional talent as recipients of financial
assistance to be provided under this subsection, the Chairperson shall
give particular regard to artists and artistic groups that have
traditionally been underrepresented.
(d) Application for payment; regulations and procedures
No payment shall be made under this section except upon application
therefor which is submitted to the National Endowment for the Arts in
accordance with regulations issued and procedures established by the
Chairperson. In establishing such regulations and procedures, the
Chairperson shall ensure that--
(1) artistic excellence and artistic merit are the criteria by
which applications are judged, taking into consideration general
standards of decency and respect for the diverse beliefs and values
of the American public; and
(2) applications are consistent with the purposes of this
section. Such regulations and procedures shall clearly indicate that
obscenity is without artistic merit, is not protected speech, and
shall not be funded. Projects, productions, workshops, and programs
that are determined to be obscene are prohibited from receiving
financial assistance under this subchapter from the National
Endowment for the Arts.
The disapproval or approval of an application by the Chairperson shall
not be construed to mean, and shall not be considered as evidence that,
the project, production, workshop, or program for which the applicant
requested financial assistance is or is not obscene.
(e) Limitation on amount of grant to group; grants and contracts of the
National Endowment for the Arts
The total amount of any grant to any group pursuant to subsection
(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) of this section for any fiscal year may be
available for grants and contracts in that fiscal year without regard to
such limitation.
(f) Eligibility for financial assistance
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
individuals, and (2) donations to such group are allowable as a
charitable contribution under the standards of subsection (c) of section
170 of title 26.
(g) Grants to States for projects and productions; applications; terms
and conditions of State plans; minimum allotments; excess
appropriations; cost limitations; grants to regional groups;
non-Federal funding; definitions
(1) The Chairperson, with the advice of 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
productions which meet the standards enumerated in subsection (c) of
this section, 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 assistance under this subsection in any
fiscal year, a State shall submit an application for such grants at such
time as shall be specified by the Chairperson and accompany such
application with a plan which the Chairperson 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;
(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) of this section;
(C) provides that the State agency will make such reports, in
such form and containing such information, as the Chairperson may
from time to time require, including a description of the progress
made toward achieving the goals of the State plan;
(D) provides--
(i) assurances that the State agency has held, after
reasonable notice, public meetings in the State to allow all
groups of artists, interested organizations, and the public to
present views and make recommendations regarding the State plan;
and
(ii) a summary of such recommendations and the State
agency's response to such recommendations; and
(E) contains--
(i) a description of the level of participation during the
most recent preceding year for which information is available by
artists, artists' organizations, and arts organizations in
projects and productions for which financial assistance is
provided under this subsection;
(ii) for the most recent preceding year for which
information is available, a description of the extent projects
and productions receiving financial assistance from the State
arts agency are available to all people and communities in the
State; and
(iii) a description of projects and productions receiving
financial assistance under this subsection that exist or are
being developed to secure wider participation of artists,
artists' organizations, and arts organizations identified under
clause (i) of this subparagraph or that address the availability
of the arts to all people or communities identified under clause
(ii) of this subparagraph.
No application may be approved unless the accompanying plan satisfies
the requirements specified in this subsection.
(3) Of the sums available to carry out this subsection for any
fiscal year, each State which has a plan approved by the Chairperson
shall be allotted at least $200,000. If the sums appropriated are
insufficient to make the allotments under the preceding sentence in
full, such sums shall be allotted among such States in equal amounts. In
any case where the sums available to carry out this subsection for any
fiscal year are in excess of the amount required to make the allotments
under the first sentence of this paragraph--
(A) the amount of such excess which is no greater than 25 per
centum of the sums available to carry out this subsection for any
fiscal year shall be available only to the Chairperson for making
grants under this subsection to States and regional groups, and
(B) the amount of such excess, if any, which remains after
reserving in full for the Chairperson the amount required under
clause (A) shall be allotted among the States which have plans
approved by the Chairperson in equal amounts
but in no event shall any State be allotted less than $200,000.
(4)(A) 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 Chairperson 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). The amount of any
allotment made under paragraph (3) for any fiscal year which exceeds
$125,000 shall be available, at the discretion of the Chairperson, to
pay up to 100 per centum of such cost of projects and productions if
such projects and productions would otherwise be unavailable to the
residents of that State: Provided, That the total amount of any such
allotment for any fiscal year which is exempted from such 50 per centum
limitation shall not exceed 20 per centum of the total of such allotment
for such fiscal year.
(B) Any amount allotted to a State under the first sentence of
paragraph (3) for any fiscal year which is not obligated by the State
prior to 60 days prior to the end of the fiscal year for which such sums
are appropriated shall be available for making grants to regional
groups.
(C) Funds made available under this subsection shall not be used to
supplant non-Federal funds.
(D) For the purpose of paragraph (3) and paragraph (4) of this
section the term ``regional group'' means any multistate group, whether
or not representative of contiguous States.
(E) For purposes of paragraph (3)(B), the term ``State'' includes,
in addition to the several States of the Union, only those special
jurisdictions specified in section 952(g) of this title which have a
population of 200,000 or more, according to the latest decennial census.
(5) All amounts allotted or made available 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 subsection (c) of this section.
(h) Suspension of grants for defaults, noncompliance with provisions and
plans, and diversion of funds; repayment of funds
Whenever the Chairperson, 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 Chairperson shall immediately notify the Secretary of the Treasury
and the group or State agency with respect to which such finding was
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.
(i) Application for financial assistance; requirements
It shall be a condition of the receipt of financial assistance
provided under this section by the Chairperson or the State agency that
the applicant for such assistance include in its application--
(1) a detailed description of the proposed project, production,
workshop, or program for which the applicant requests such
assistance;
(2) a timetable for the completion of such proposed project,
production, workshop, or program;
(3) an assurance that the applicant will submit--
(A) interim reports describing the applicant's--
(i) progress in carrying out such project, production,
workshop, or program; and
(ii) compliance with this subchapter and the conditions
of receipt of such assistance;
(B) if such proposed project, production, workshop, or
program will be carried out during a period exceeding 1 year, an
annual report describing the applicant's--
(i) progress in carrying out such project, production,
workshop, or program; and
(ii) compliance with this subchapter and the conditions
of receipt of such assistance; and
(C) not later than 90 days after--
(i) the end of the period for which the applicant
receives such assistance; or
(ii) the completion of such project, production,
workshop, or program;
whichever occurs earlier, a final report to the Chairperson or
the State agency (as the case may be) describing the applicant's
compliance with this subchapter and the conditions of receipt of
such assistance; and
(4) an assurance that the project, production, workshop, or
program for which assistance is requested will meet the standards of
artistic excellence and artistic merit required by this subchapter.
(j) Regulations for distribution of financial assistance in
installments; implementation
The Chairperson shall issue regulations to provide for the
distribution of financial assistance to recipients in installments
except in those cases where the Chairperson determines that installments
are not practicable. In implementing any such installments, the
Chairperson shall ensure that--
(1) not more than two-thirds of such assistance may be provided
at the time such application is approved; and
(2) the remainder of such assistance may not be provided until
the Chairperson finds that the recipient of such assistance is
complying substantially with this section and with the conditions
under which such assistance is provided to such recipient.
(k) Reviews to ensure compliance with regulations
The Inspector General of the Endowment shall conduct appropriate
reviews to ensure that recipients of financial assistance under this
section comply with the regulations under this subchapter that apply
with respect to such assistance, including regulations relating to
accounting and financial matters.
(l) Use of financial assistance for obscene project, production, etc.;
repayment of assistance; exceptions
(1) If, after reasonable notice and opportunity for a hearing on the
record, the Chairperson determines that a recipient of financial
assistance provided under this section by the Chairperson or any non-
Federal entity, used such financial assistance for a project,
production, workshop, or program that is determined to be obscene, then
the Chairperson shall require that until such recipient repays such
assistance (in such amount, and under such terms and conditions, as the
Chairperson determines to be appropriate) to the Endowment; no
subsequent financial assistance be provided under this section to such
recipient.
(2) Financial assistance repaid under this section to the Endowment
shall be deposited in the Treasury of the United States and credited as
miscellaneous receipts.
(3)(A) This subsection shall not apply with respect to financial
assistance provided before the effective date of this subsection.
(B) This subsection shall not apply with respect to a project,
production, workshop, or program after the expiration of the 7-year
period beginning on the latest date on which financial assistance is
provided under this section for such project, production, workshop, or
program.
(m) Labor standards of professional performers and personnel; healthy
and safe working conditions
It shall be a condition of the receipt of any grant under this
section that the group or individual of exceptional talent 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 (n) of
this section) employed on projects or productions which are financed in
whole or in part under this section will be paid, without subsequent
deduction or rebate on any account, not less than the minimum
compensation as determined by the Secretary of Labor to be the
prevailing minimum compensation for 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 the Secretary of Labor may deem necessary or appropriate
to carry out the provisions of this subsection.
(n) Labor standards of laborers and mechanics
It shall be a condition of the receipt of any grant under this
section that the group or individual of exceptional talent or the State
or State agency receiving such grant furnish adequate assurances to the
Secretary of Labor that all laborers and mechanics employed by
contractors or subcontractors on construction projects assisted under
this section shall be paid wages at rates not less than those prevailing
on similar construction in the locality as determined by the Secretary
of Labor in accordance with sections 3141-3144, 3146, and 3147 of title
40. 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 and section 3145 of
title 40.
(o) Correlation and development of endowment programs with other Federal
and non-Federal programs; expenditure of appropriations
The Chairperson 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 subchapter which can be
made by other Federal agencies under existing programs. The Chairperson
may enter into interagency agreements to promote or assist with the
arts-related activities of other Federal agencies, on a reimbursable or
nonreimbursable basis, and may use funds authorized to be appropriated
for the purposes of subsection (c) of this section for the costs of such
activities.
(p) Program of contracts or grants-in-aid to public agencies and private
nonprofit organizations; limitation on payments; authority of
Chairperson
(1) The Chairperson of the National Endowment for the Arts, with the
advice of the National Council on the Arts, is authorized, in accordance
with the provisions of this subsection, to establish and carry out a
program of contracts with, or grants-in-aid to, public agencies and
private nonprofit organizations, on a national, State, or local level,
for the purpose of strengthening quality by--
(A) enabling cultural organizations and institutions to increase
the levels of continuing support and to increase the range of
contributors to the programs of such organizations or institutions;
(B) providing administrative and management improvements for
cultural organizations and institutions, particularly in the field
of long-range financial planning;
(C) enabling cultural organizations and institutions to increase
audience participation in, and appreciation of, programs sponsored
by such organizations and institutions;
(D) providing additional support for cooperative efforts
undertaken by State arts agencies with local arts groups and local
arts agencies to promote effective arts activity at the State and
local level, including--
(i) support of professional artists in community based
residencies;
(ii) support of rural arts development;
(iii) support of and models for regional, statewide, or
local organizations to provide technical assistance to cultural
organizations and institutions;
(iv) support of and models for visual and performing arts
touring; and
(v) support of and models for professional staffing of arts
organizations and for stabilizing and broadening the financial
base for arts organizations;
(E) stimulating greater cooperation among cultural organizations
and institutions especially designed to serve better the communities
in which such organizations or institutions are located;
(F) fostering greater citizen involvement in planning the
cultural development of a community; and
(G) stimulating artistic activity and awareness which are in
keeping with the varied cultural traditions of this Nation.
(2)(A) The Chairperson of the National Endowment for the Arts, with
the advice of the National Council on the Arts, is authorized in
accordance with this subsection, to establish and carry out a program of
contracts with, or grants to, States for the purposes of--
(i) raising the artistic capabilities of developing arts
organizations by providing for--
(I) artistic and programmatic development to enhance
artistic capabilities, including staff development; and
(II) technical assistance to improve managerial and
organizational skills, financial systems management, and long-
range fiscal planning; and
(ii) stimulating artistic activity and awareness and broadening
public access to the arts in rural and innercity areas and other
areas that are underserved artistically.
(B) For purposes of providing financial assistance under this
paragraph, the Chairperson shall give priority to the activities
described in subparagraph (A)(i).
(C) The Chairperson may not provide financial assistance under this
paragraph to a particular applicant in more than 3 fiscal years for the
purpose specified in subparagraph (A)(i).
(3) The total amount of any payment made under this subsection for a
program or project may not exceed 50 per centum of the cost of such
program or project.
(4) In carrying out the program authorized by this subsection, the
Chairperson of the National Endowment for the Arts shall have the same
authority as is established in subsection (c) of this section and
section 959 of this title.
(q) National information and data collection system on the arts, artists
and art groups, and audiences; development and implementation
plan; state of the arts reports
The Chairperson of the National Endowment for the Arts shall, in
ongoing consultation with State and local agencies, relevant
organizations, and relevant Federal agencies, continue to develop and
implement a practical system of national information and data collection
and public dissemination on the arts, artists and arts groups, and their
audiences. Such system shall include artistic and financial trends in
the various artistic fields, trends in audience participation, and
trends in arts education on national, regional, and State levels. Such
system shall also include information regarding the availability of the
arts to various audience segments, including rural communities. Such
system shall be used, along with a summary of the data submitted with
State plans under subsection (g) of this section, to prepare a periodic
report on the state of the arts in the Nation. The state of the arts
report shall include a description of the availability of the
Endowment's programs to emerging, rural, and culturally diverse artists,
arts organizations, and communities and of the participation by such
artists, organizations, and communities in such programs. The state of
the arts report shall be submitted to the President and the Congress,
and provided to the States, not later than October 1, 1992, and
quadrennially thereafter.
(Pub. L. 89-209, Sec. 5, Sept. 29, 1965, 79 Stat. 846; Pub. L. 90-83,
Sec. 10(b), Sept. 11, 1967, 81 Stat. 223; Pub. L. 90-348, Secs. 2, 3,
June 18, 1968, 82 Stat. 185; Pub. L. 91-346, Secs. 4, 5(a)(1), (2), 6,
7, July 20, 1970, 84 Stat. 443, 445; Pub. L. 93-133, Sec. 2(a)(3), (4),
Oct. 19, 1973, 87 Stat. 462; Pub. L. 94-462, title I, Secs. 101, 102,
title III, Sec. 301(a), title IV, Sec. 401(a), Oct. 8, 1976, 90 Stat.
1971, 1978, 1980; Pub. L. 96-496, title I, Secs. 102, 109(a), (b), Dec.
4, 1980, 94 Stat. 2583, 2591; renumbered title I, Sec. 5, Pub. L. 98-
306, Sec. 2, May 31, 1984, 98 Stat. 223; renumbered Sec. 5 and amended
Pub. L. 99-194, title I, Secs. 101(1), 105, Dec. 20, 1985, 99 Stat.
1332, 1333; Pub. L. 101-512, title III, Sec. 318 [title I, Secs. 103(a)-
(i)(1), 104], Nov. 5, 1990, 104 Stat. 1960, 1963-1966.)
References in Text
The effective date of this subsection, referred to in subsec.
(l)(3)(A), is October 1, 1990, see section 318 [title IV, Sec. 403(a)]
of Pub. L. 101-512, set out as an Effective Date of 1990 Amendment note
under section 951 of this title.
Reorganization Plan Numbered 14 of 1950, referred to in subsec. (n),
is set out in the Appendix to Title 5, Government Organization and
Employees.
Codification
In subsec. (n), ``sections 3141-3144, 3146, and 3147 of title 40''
substituted for ``the Davis-Bacon Act, as amended (40 U.S.C. 276a--276a-
5)'' and ``section 3145 of title 40'' substituted for ``section 2 of the
Act of June 13, 1934, as amended (40 U.S.C. 276c)'' on authority of Pub.
L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section
of which enacted Title 40, Public Buildings, Property, and Works.
Amendments
1990--Subsec. (c). Pub. L. 101-512, Sec. 318 [title I,
Sec. 103(a)(7)], substituted ``paragraph (10)'' for ``clause (8)'' in
concluding provisions.
Subsec. (c)(1). Pub. L. 101-512, Sec. 318 [title I, Sec. 103(a)(1)],
amended par. (1) generally. Prior to amendment, par. (1) read as
follows: ``projects and productions which have substantial artistic and
cultural significance, giving emphasis to American creativity and
cultural diversity and the maintenance and encouragement of professional
excellence;''.
Subsec. (c)(2). Pub. L. 101-512, Sec. 318 [title I, Sec. 103(a)(2)],
inserted ``or tradition'' after ``authenticity''.
Subsec. (c)(5). Pub. L. 101-512, Sec. 318 [title I, Sec. 103(a)(3)],
inserted ``education,'' after ``knowledge,''.
Subsec. (c)(8) to (10). Pub. L. 101-512, Sec. 318 [title I,
Sec. 103(a)(4)-(6)], added pars. (8) and (9) and redesignated former
par. (8) as (10).
Subsec. (d). Pub. L. 101-512, Sec. 318 [title I, Sec. 103(b)],
amended subsec. (d) generally. Prior to amendment, subsec. (d) read as
follows: ``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 Chairperson.''
Subsec. (f). Pub. L. 101-512, Sec. 318 [title I, Sec. 103(c)],
substituted ``Internal Revenue Code of 1986'' for ``Internal Revenue
Code of 1954'', which for purposes of codification was translated as
``title 26'' thus requiring no change in text.
Subsec. (g)(2)(E)(i), (ii). Pub. L. 101-512, Sec. 318 [title I,
Sec. 103(d)], added cls. (i) and (ii) and struck out former cls. (i) and
(ii) which read as follows:
``(i) a description of the level of participation during the
previous 2 years by artists, artists' organizations, and arts
organizations in projects and productions for which financial assistance
is provided under this subsection;
``(ii) a description of the extent to which projects and productions
receiving financial assistance under this subsection are available to
all people and communities in the State; and''.
Subsecs. (i) to (k). Pub. L. 101-512, Sec. 318 [title I,
Sec. 103(g)(2)], added subsecs. (i) to (k), and redesignated former
subsecs. (i) to (k) as (l) to (n), respectively.
Subsec. (l). Pub. L. 101-512, Sec. 318 [title I, Sec. 103(h)(2)],
added subsec. (l). Former subsec. (l), redesignated (m).
Pub. L. 101-512, Sec. 318 [title I, Sec. 103(g)(1)], redesignated
subsec. (i) as (l). Former subsec. (l) redesignated (o).
Subsec. (m). Pub. L. 101-512, Sec. 318 [title I, Sec. 103(i)(1)],
substituted ``subsection (n)'' for ``subsection (j)''.
Pub. L. 101-512, Sec. 318 [title I, Sec. 103(h)(1)], redesignated
subsec. (l) as (m). Former subsec. (m) redesignated (n).
Pub. L. 101-512, Sec. 318 [title I, Sec. 103(g)(1)], redesignated
subsec. (j) as (m). Former subsec. (m) redesignated (p).
Subsecs. (n), (o). Pub. L. 101-512, Sec. 318 [title I,
Sec. 103(h)(1)], redesignated subsecs. (m) and (n) as (n) and (o),
respectively. Former subsecs. (n) and (o) redesignated (o) and (p),
respectively.
Pub. L. 101-512, Sec. 318 [title I, Sec. 103(g)(1)], redesignated
subsecs. (k) and (l) as (n) and (o), respectively.
Subsec. (p). Pub. L. 101-512, Sec. 318 [title I, Sec. 103(h)(1)],
redesignated subsec. (o) as (p). Former subsec. (p) redesignated (q).
Pub. L. 101-512, Sec. 318 [title I, Sec. 103(g)(1)], redesignated
subsec. (m) as (p).
Subsec. (p)(1)(G). Pub. L. 101-512, Sec. 318 [title I, Sec. 103(e)],
added subpar. (G).
Subsec. (p)(2) to (4). Pub. L. 101-512, Sec. 318 [title I,
Sec. 104], added par. (2), redesignated former pars. (2) and (3) as (3)
and (4), respectively, and in par. (4), substituted ``subsection (c)''
for ``section 5(c)'', which for purposes of codification was translated
as ``subsection (c) of this section'' thus requiring no change in text.
Subsec. (q). Pub. L. 101-512, Sec. 318 [title I, Sec. 103(h)(1)],
redesignated subsec. (p) as (q).
Pub. L. 101-512, Sec. 318 [title I, Sec. 103(f)], inserted
``ongoing'' after ``shall, in'', substituted ``continue to develop and
implement'' for ``develop'', inserted ``and public dissemination'' after
``collection'', struck out ``Not later than one year after December 20,
1985, the Chairperson shall submit to the Committee on Education and
Labor of the House of Representatives and the Committee on Labor and
Human Resources of the Senate a plan for the development and
implementation of such system, including a recommendation regarding the
need for any additional funds to be appropriated to develop and
implement such system.'' after ``including rural communities.'', and
substituted ``1992, and quadrennially'' for ``1988, and biennially''.
1985--Subsec. (b)(1). Pub. L. 99-194, Sec. 105(1), (6), substituted
``chairperson'' for ``chairman'' and ``Chairperson'' for ``Chairman''.
Subsec. (b)(2). Pub. L. 99-194, Sec. 105(6), (7), substituted
``Chairperson'' for ``Chairman'' wherever appearing and ``the
Chairperson's'' for ``his'' in two places.
Subsec. (c). Pub. L. 99-194, Sec. 105(2)(C), (D), (6), substituted
``Chairperson'' for ``Chairman'' in provisions preceding par. (1), and
in provisions following cl. (8) substituted ``Chairperson'' for
``Chairman'' wherever appearing and ``clause (8)'' for ``clause (5)'',
and inserted ``In selecting individuals and groups of exceptional talent
as recipients of financial assistance to be provided under this
subsection, the Chairperson shall give particular regard to artists and
artistic groups that have traditionally been underrepresented''.
Subsec. (c)(4) to (8). Pub. L. 99-194, Sec. 105(2)(A), (B), added
cls. (4) and (5) and redesignated former cls. (4) to (6) as (6) to (8),
respectively.
Subsec. (d). Pub. L. 99-194, Sec. 105(6), substituted
``Chairperson'' for ``Chairman''.
Subsec. (g). Pub. L. 99-194, Sec. 105(3), (6), substituted
``Chairperson'' for ``Chairman'' wherever appearing, and in par. (2)
struck out ``and'' at end of cl. (B), substituted ``, including a
description of the progress made toward achieving the goals of the State
plan;'' for the period at end of cl. (C), and added cls. (D) and (E).
Subsec. (h). Pub. L. 99-194, Sec. 105(6), substituted
``Chairperson'' for ``Chairman'' wherever appearing.
Subsec. (i). Pub. L. 99-194, Sec. 105(4), substituted ``Secretary of
Labor may deem'' for ``he may deem'' in last sentence.
Subsec. (k). Pub. L. 99-194, Sec. 105(6), substituted
``Chairperson'' for ``Chairman'' wherever appearing.
Subsec. (l)(1). Pub. L. 99-194, Sec. 105(6), substituted
``Chairperson'' for ``Chairman'' in provisions preceding subpar. (A).
Subsec. (l)(1)(D). Pub. L. 99-194, Sec. 105(5), inserted ``and local
arts agencies'' after ``local arts groups'', designated existing
provisions as cl. (i), and added cls. (ii) to (v).
Subsec. (l)(3). Pub. L. 99-194, Sec. 105(6), substituted
``Chairperson'' for ``Chairman''.
Subsec. (m). Pub. L. 99-194, Sec. 105(8), added subsec. (m).
1980--Subsec. (c). Pub. L. 96-496, Secs. 102(a), 109(a), inserted
``or loans'' in provisions preceding cl. (1) and ``and cultural
diversity'' in cl. (1), redesignated cl. (5) as (6), added cl. (5),
substituted ``Committee on Labor and Human Resources'' for ``Committee
on Labor and Public Welfare'' in provisions following cl. (6), and
provided that any loans made by the Chairman under subsec. (c) were to
be made in accordance with terms and conditions approved by the
Secretary of the Treasury.
Subsec. (g)(2)(A). Pub. L. 96-496, Sec. 102(b)(1), struck out
provision that the Recreation Board, or any successor designated for
purposes of this subchapter by the Commissioner of the District of
Columbia, was to be considered the ``State agency'' within the District
of Columbia.
Subsec. (g)(4)(A). Pub. L. 96-496, Sec. 109(b), substituted ``such
projects'' for ``such project''.
Subsec. (g)(4)(E). Pub. L. 96-496, Sec. 102(b)(2), added subpar.
(E).
Subsec. (k). Pub. L. 96-496, Sec. 102(c), authorized the Chairman to
enter into interagency agreements to promote or assist the arts-related
activities of other Federal agencies, on a reimbursable or
nonreimbursable basis, and to use funds authorized to be appropriated
for the purposes of subsec. (c) of this section for the costs of such
activities.
Subsec. (l). Pub. L. 96-496, Sec. 102(d), inserted ``, on a
national, State, or local level,'' and ``strengthening quality by'' in
provisions of par. (1) preceding subpar. (A), redesignated subpars. (D)
and (E) as (E) and (F), respectively, and added subpar. (D).
Subsec. (m). Pub. L. 96-496, Sec. 102(e), struck out subsec. (m)
which related to grants or contracts to State arts agencies for
photography and film projects.
1976--Subsec. (c). Pub. L. 94-462, Sec. 101, struck out in
provisions preceding par. (1) ``in the United States'' after ``provide
or support''.
Subsec. (g)(4)(A). Pub. L. 94-462, Sec. 102, inserted provision that
amount of each allotment to a State for any fiscal year shall be
available to each State which has a plan approved by the Chairman to pay
not more than 50 percent of total cost of any project or production
described in subsec. (g)(1).
Subsec. (l). Pub. L. 94-462, Sec. 301(a), added subsec. (l).
Subsec. (m). Pub. L. 94-462, Sec. 401(a), added subsec. (m).
1973--Subsec. (c). Pub. L. 93-133, Sec. 3, in opening paragraph,
struck out reference to Federal Council on the Arts and Humanities, in
cl. (1), substituted ``projects and productions'' for ``production'', in
cl. (2), substituted ``projects and productions'' and ``for geographic
or economic reasons'' for ``production'' and ``in many areas of the
country'' respectively, in cl. (3), substituted ``projects and
productions'' for ``projects'', in cl. (5), substituted ``, planning,
and publications relating to the purposes of this subsection'' for ``and
planning in the arts'', and added paragraph following cl. (5).
Subsec. (g)(1). Pub. L. 93-133, Sec. 2(a)(4)(A), struck out
reference to Federal Council on the Arts and Humanities.
Subsec. (g)(2). Pub. L. 93-133, Sec. 2(a)(4)(B), (C), in provisions
preceding cl. (A), substituted ``assistance under this subsection'' and
``at such time as shall be specified by the Chairman'' for ``such
assistance'' and ``prior to the first day of such fiscal year''
respectively, and in cl. (B), struck out exception that in the first
fiscal year in which the state was allotted funds after Sept. 29, 1965,
the plan may provide that amount not exceeding $25,000 will be expended
to conduct a study to plan the development and the establishment of a
State agency.
Subsec. (g)(3). Pub. L. 93-133, Sec. 2(a)(4)(D), added par. (3) and
struck out former par. (3) which read as follows: ``From the sums
appropriated to carry out the purposes of this subsection for any fiscal
year, not less than $65,000 shall be allotted to each State. That part
of such sums as may remain after such allotment shall be allotted among
the States in equal amounts, except that for the purposes of this
sentence the term `State' shall not include Guam and American Samoa. If
the sums appropriated for any fiscal year to carry out the purposes of
this subsection are insufficient to satisfy allotments under the first
sentence of this paragraph, such sums shall be allotted among the States
in equal amounts.''
Subsec. (g)(4). Pub. L. 93-133, Sec. 2(a)(4)(D), added par. (4) and
struck out former par. (4) which read as follows: ``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.''
Subsec. (g)(5). Pub. L. 93-133, Sec. 2(a)(4)(E), substituted ``All
amounts allotted or made available'' for ``All amounts allotted''.
1970--Subsec. (b). Pub. L. 91-346, Sec. 5(a)(1), designated existing
provisions as cl. (1), and, in cl. (1) as so designated, provided for
appointment of the Chairman of the National Endowment for the Arts by
the President with the advice and consent of the Senate, and added cl.
(2).
Subsec. (c)(3). Pub. L. 91-346, Sec. 4, expanded grants-in-aid
program to enable talented groups or individuals to achieve wider
distribution of their works and to work in residence at an educational
or cultural institution.
Subsecs. (d) to (l). Pub. L. 91-346, Sec. 5(a)(2), struck out
subsec. (d) which provided for the individual appointed as Chairman of
the National Council on the Arts to also serve as the Chairman of the
National Endowment for the Arts, and redesignated subsecs. (e) to (l),
and all references thereto, as subsecs. (d) to (k), respectively.
Subsec. (g)(2)(A). Pub. L. 91-346, Sec. 6, permitted the
Commissioner of the District of Columbia to designate a successor to the
Recreation Board for the purpose of this chapter.
Subsec. (g)(3). Pub. L. 91-346, Sec. 7, provided minimum of $65,000
allotment to each State from sums appropriated for this subsec.,
authorized remaining funds to be equally allotted among the States,
excluded Guam and American Samoa from term ``State'', and provided for
equal allotments to States if the sums appropriated are insufficient to
satisfy the minimum allotment.
1968--Subsec. (c). Pub. L. 90-348, Sec. 2(a), authorized contracts
with groups, or in appropriate cases, individuals engaged in the arts,
for the purpose of enabling them to provide or support programs and
productions in the arts.
Subsec. (f). Pub. L. 90-348, Sec. 2(a), provided that contracts as
well as grants made by the National Endowment for the Arts be subject to
the amount limitation, and eliminated the provision requiring that
groups seeking funds from the National Endowment for the Arts submit
evidence to the Endowment that it had 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 had
secured represent the funds applied for by such group.
Subsec. (h)(3). Pub. L. 90-348, Sec. 3, substituted ``Funds
appropriated to carry out the purpose of this subsection'' for ``The
funds appropriated pursuant to section 960(c) of this title''.
Subsec. (h)(5). Pub. L. 90-348, Sec. 3, struck out provision that
amounts available to the National Endowment for the Arts at the end of
the fiscal year shall be limited to the excess of the value of gifts,
bequests, and devises received by the Endowment over the amounts
appropriated to the Endowment, the appropriated amounts to be equal to
the amounts received by the Endowment in the form of donations,
bequests, and devises, but not to exceed $2,250,000.
Subsecs. (j), (k). Pub. L. 90-348, Sec. 2(b), inserted ``of
exceptional talent'' after ``the group or individual''.
1967--Subsec. (d). Pub. L. 90-83 struck out provisions setting the
compensation for the Chairman of the National Council on the Arts and
the National Endowment for the Arts.
Change of Name
Committee on Education and Labor of House of Representatives treated
as referring to Committee on Economic and Educational Opportunities of
House of Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress. Committee on
Economic and Educational Opportunities of House of Representatives
changed to Committee on Education and the Workforce of House of
Representatives by House Resolution No. 5, One Hundred Fifth Congress,
Jan. 7, 1997.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section 318
[title IV, Sec. 403(a)] of Pub. L. 101-512, set out as a note under
section 951 of this title.
Applicability of 1985 Amendment
Section 112 of Pub. L. 99-194 provided that: ``The amendments made
by sections 105(3) and 107(3) [amending this section and section 956 of
this title] shall not apply with respect to plans submitted for
financial assistance to be provided with funds appropriated for fiscal
year 1986.''
Effective Date of 1973 Amendment
Amendment by Pub. L. 93-133 effective on and after July 1, 1973, see
section 2(b) of Pub. L. 93-133, set out as a note under section 951 of
this title.
Effective Date of 1970 Amendment
Amendment by section 5(a)(1), (2) of Pub. L. 91-346 effective after
June 30, 1970, see section 5(d)(3)(A) of Pub. L. 91-346, set out as a
note under section 955 of this title.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(q) of this section relating to quadrennially submitting the state of
the arts report to Congress, see section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money and
Finance, and page 183 of House Document No. 103-7.
GAO Study Regarding Federal, State, and Local Funding of the Arts
Section 318 [title I, Sec. 111] of Pub. L. 101-512 provided that:
``(a) Study Required.--The Comptroller General of the United States
shall conduct a study--
``(1) to evaluate the roles and responsibilities of the National
Endowment for the Arts, the States (including State agencies), and
local arts agencies, in providing financial assistance under section
5 of the National Foundation on the Arts and the Humanities Act of
1965 (20 U.S.C. 954),
``(2) the relative effectiveness of the Endowment, the States
(including State agencies), and local arts agencies in maximizing
the amount of financial assistance they make available under such
section, and
``(3) the existing capacity of the States to receive increased
allocations under section 5 of such Act and the ability of the
States to manage such increased allocations effectively.
``(b) Report Required.--Not later than October 1, 1992, the
Comptroller General shall submit, to the Speaker of the House of
Representatives and the President pro tempore of the Senate, a report
summarizing the results of the study conducted under subsection (a).''
Temporary Independent Commission To Review Grant Making Procedures and
Consider Standards for Publicly Funded Art
Pub. L. 101-121, title III, Sec. 304(a)-(c), Oct. 23, 1989, 103
Stat. 741, 742, prohibited use of funds for National Endowment for the
Arts or National Endowment for the Humanities to promote, disseminate,
or produce materials which in judgment of National Endowment for the
Arts or National Endowment for the Humanities may be considered obscene;
stated the sense of Congress concerning present procedures employed for
awarding National Endowment for the Arts grants; and established
Independent Commission, to expire Sept. 30, 1990, for purpose of
reviewing National Endowment for the Arts grant making procedures, and
considering whether standard for publicly funded art should be different
than standard for privately funded art.
Section Referred to in Other Sections
This section is referred to in sections 952, 955, 959, 960 of this
title.
