20 U.S.C. § 956 — National Endowment for the Humanities

Page 158 TITLE 20—EDUCATION § 956 of 1983, and not as part of the National Foundation on the Arts and the Humanities Act of 1965 which com- prises this subchapter. § 956. National Endowment for the Humanities (a) Establishment There is established within the Foundation the National Endowment for the Humanities. (b) Chairperson of the Endowment; appointment, term, reappointment; vacancy; expiration of term (1) The Endowment shall be headed by a chair- person, who shall be appointed by the President, by and with the advice and consent of the Sen- ate. (2) The term of office of the Chairperson shall be four years, and the Chairperson shall be eligi- ble for reappointment. The provisions of this paragraph shall apply to any person appointed to fill a vacancy in the office of the Chairperson. Upon expiration of the Chairperson’s term of of- fice the Chairperson shall serve until the Chair- person’s successor shall have been appointed and shall have qualified. (c) Functions of the Endowment; publications; traditionally underrepresented recipients of financial assistance The Chairperson, with the advice of the Na- tional Council on the Humanities (hereinafter established), is authorized to enter into arrange- ments, including contracts, grants, loans, and other forms of assistance, 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 pro- grams to strengthen the research and teaching potential of the United States in the human- ities by making arrangements with individ- uals or groups to support such activities; any loans made by the Endowment shall be made in accordance with terms and conditions ap- proved by the Secretary of the Treasury; (3) initiate and support training and work- shops in the humanities by making arrange- ments with institutions or individuals (fellow- ships awarded to individuals under this au- thority may be for the purpose of study or re- search at appropriate nonprofit institutions selected by the recipient of such aid, for stated periods of time); (4) initiate and support programs and re- search which have substantial scholarly and cultural significance and that reach, or reflect the diversity and richness of our American cultural heritage, including the culture of, a minority, inner city, rural, or tribal commu- nity; (5) foster international programs and ex- changes; (6) foster the interchange of information in the humanities; (7) foster, with groups, education in, and public understanding and appreciation of the humanities; (8) support the publication of scholarly works in the humanities; (9) insure that the benefit of its programs will also be available to our citizens where such programs would otherwise be unavailable due to geographic or economic reasons; and (10) foster programs and projects that pro- vide access to, and preserve materials impor- tant to research, education, and public under- standing of, the humanities. In the case of publications under clause (8) of this subsection such publications may be sup- ported without regard for the provisions of sec- tion 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 re- port justifying any exemption from such section 501. In selecting individuals and groups of excep- tional talent as recipients of financial assist- ance to be provided under this subsection, the Chairperson shall give particular regard to scholars, and educational and cultural institu- tions, that have traditionally been underrep- resented. (d) Coordination and development of Endow- ment programs with other Federal and non- Federal programs The Chairperson shall coordinate the pro- grams of the National Endowment for the Hu- manities, insofar as practicable, with existing Federal programs, designated State humanities agencies and with those undertaken by other public agencies or private groups, and shall de- velop 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. (e) Limitation on amount of grant for workshop activities for which an admission or other charge is made to the general public The total amount of any grant under sub- section (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. (f) Grants-in-aid programs; designation of State administrative agency; matching funds; ap- plications and plans; allotments; cost limita- tions; grants to regional groups; non-Federal funding; definitions; suspension of grants; single entity limitation (1) The Chairperson, with the advice of the Na- tional Council on the Humanities, is authorized, in accordance with the provisions of this sub- section, to establish and carry out a program of grants-in-aid in each of the several States in order to support not more than 50 per centum of the cost of existing activities which meet the standards enumerated in subsection (c) of this section, and in order to develop a program in the humanities in such a manner as will furnish ade- quate programs in the humanities in each of the several States. (2)(A) Whenever a State desires to designate or to provide for the establishment of a State agen- cy as the sole agency for the administration of the State plan, such State shall designate the humanities council in existence on the date the State agency is established as the State agency, Page 159 TITLE 20—EDUCATION § 956 and shall match from State funds a sum equal to 50 per centum of that portion of Federal finan- cial assistance received by such State under this subsection which is described in the first sen- tence of paragraph (4) relating to the minimum State grant, or 25 per centum of the total amount of Federal financial assistance received by such State under this subsection, whichever is greater, for the fiscal year involved. In any State in which the State selects the option de- scribed in this subparagraph, the State shall submit, before the beginning of each fiscal year, an application for grants and accompany such application with a plan which the Chairperson finds— (i) designates or provides for the establish- ment 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; (ii) provides that the chief executive officer of the State will appoint new members to the State humanities council designated under the provisions of this subparagraph, as vacancies occur as a result of the expiration of the terms of members of such council, until the chief ex- ecutive officer has appointed all of the mem- bers of such council; (iii) provides, from State funds, an amount equal to 50 per centum of that portion of Fed- eral financial assistance received by such State under this subsection which is described in the first sentence of paragraph (4) relating to the minimum State grant, or 25 per centum of the total amount of Federal financial as- sistance received by such State under this sub- section, whichever is greater, for the fiscal year involved; (iv) provides that funds paid to the State under this subsection will be expended solely on programs approved by the State agency which carry out the objectives of subsection (c) and which are designed to bring the hu- manities to the public; (v) provides assurances that State funds will be newly appropriated for the purpose of meet- ing the requirements of this subparagraph; (vi) provides that the State agency will make such reports, in such form and con- taining such information, as the Chairperson may require, including a description of the progress made toward achieving the goals of the State plan; (vii) provides— (I) assurances that the State agency has held, after reasonable notice, public meet- ings in the State to allow scholars, inter- ested organizations, and the public to present views and make recommendations regarding the State plan; and (II) a summary of such recommendations and of the response of the State agency to such recommendations; and (viii) contains— (I) a description of the level of participa- tion during the most recent preceding year for which information is available by schol- ars and scholarly organizations in programs receiving financial assistance under this subsection; (II) for the most recent preceding year for which information is available, a description of the extent to which the programs receiv- ing financial assistance under this sub- section are available to all people and com- munities in the State; and (III) a description of programs receiving fi- nancial assistance under this subsection that exist or are being developed to secure wider participation of scholars and scholarly organizations identified under subclause (I) of this clause or that address the avail- ability of the humanities to all people or communities identified under subclause (II) of this clause. No application may be approved unless the ac- companying plan satisfies the requirements specified in this subsection. (B) In any State in which the chief executive officer of the State fails to submit an applica- tion under subparagraph (A), the grant recipient in such State shall— (i) establish a procedure which assures that six members of the governing body of such grant recipient shall be appointed by an appro- priate officer or agency of such State, except that in no event may the number of such members exceed 25 per centum of the total membership of such governing body; and (ii) provide, from any source, an amount equal to the amount of Federal financial as- sistance received by such grant recipient under this subsection for the fiscal year in- volved. (3) Whenever a State selects to receive Federal financial assistance under this subsection for any fiscal year under paragraph (2)(B), any ap- propriate entity desiring to receive such assist- ance shall submit an application for such assist- ance at such time as shall be specified by the Chairperson. Each such application shall be ac- companied by a plan which the Chairperson finds— (A) provides assurances that the grant re- cipient will comply with the requirements of paragraph (2)(B); (B) provides that funds paid to the grant re- cipient will be expended solely on programs which carry out the objectives of subsection (c); (C) establishes a membership policy which is designed to assure broad public representation with respect to programs administered by such grant recipient; (D) provides a nomination process which assures opportunities for nomination to mem- bership from various groups within the State involved and from a variety of segments of the population of such State, and including indi- viduals who by reason of their achievement, scholarship, or creativity in the humanities, are especially qualified to serve; (E) provides for a membership rotation proc- ess which assures the regular rotation of the membership and officers of such grant recipi- ent; (F) establishes reporting procedures which are designed to inform the chief executive offi- cer of the State involved, and other appro- priate officers and agencies, of the activities of such grant recipient; (G) establishes procedures to assure public access to information relating to such activi- ties; Page 160 TITLE 20—EDUCATION § 956 (H) provides that such grant recipient will make reports to the Chairperson, in such form, at such times, and containing such informa- tion, as the Chairperson may require, includ- ing a description of the progress made toward achieving the goals of the plan; (I) provides— (i) assurances that the grant recipient has held, after reasonable notice, public meet- ings in the State to allow scholars, inter- ested organizations, and the public to present views and make recommendations regarding the plan; and (ii) a summary of such recommendations and of the response of the grant recipient to such recommendations; and (J) contains— (i) a description of the level of participa- tion during the most recent preceding year for which information is available by schol- ars and scholarly organizations in programs receiving financial assistance under this subsection; (ii) for the most recent preceding year for which information is available, a description of the extent to which the programs receiv- ing financial assistance under this sub- section are available to all people and com- munities in the State; and (iii) a description of programs receiving fi- nancial assistance under this subsection that exist or are being developed to secure wider participation of scholars and scholarly organizations identified under clause (i) of this subparagraph or that address the avail- ability of the humanities to all people or communities identified under clause (ii) of this subparagraph. No application may be approved unless the ac- companying plan satisfies the requirements specified in this subsection. (4) Of the sums available to carry out this sub- section for any fiscal year, each State and each grant recipient 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 and grant recipients 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) 34 per centum of the amount of such ex- cess for such fiscal year shall be available to the Chairperson for making grants under this subsection to States and regional groups and entities applying for such grants; (B) 44 per centum of the amount of such ex- cess for such fiscal year shall be allotted in equal amounts among the States and grant re- cipients which have plans approved by the Chairperson; and (C) 22 per centum of the amount of such ex- cess for such fiscal year shall be allotted among the States and grant recipients which have plans approved by the Chairperson in amounts which bear the same ratio to such ex- cess as the population of the State for which the plan is approved (or, in the case of a grant recipient other than a State, the population of the State in which such grant recipient is lo- cated) bears to the population of all the States. (5)(A) The amount of each allotment to a State for any fiscal year under this subsection shall be available to each State or grant recipi- ent, which has a plan or application 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 de- scribed in paragraph (1). The amount of any al- lotment made under paragraph (4) for any fiscal year— (i) which exceeds $125,000, but (ii) which does not exceed 20 per centum of such allotment, shall be available, at the discretion of the Chair- person, to pay up to 100 per centum of the cost of programs under this subsection if such pro- grams would otherwise be unavailable to the residents of that State. (B) Any amount allotted to a State under the first sentence of paragraph (4) for any fiscal year which is not obligated by the State agency or grant recipient prior to sixty days prior to the end of the fiscal year for which such sums are appropriated shall be available to the Chair- person for making grants to regional groups. (C) Funds made available under this sub- section shall not be used to supplant non-Fed- eral funds. (D) For the purposes of this paragraph, the term ‘‘regional group’’ means any multistate group, whether or not representative of contig- uous States. (E) For purposes of paragraph (4)(B), the term ‘‘State’’ and the term ‘‘grant recipient’’ include, in addition to the several States of the Union, only those special jurisdictions specified in sec- tion 952(g) of this title which have a population of 200,000 or more, according to the latest decen- nial census. (6) All amounts allotted or made available under paragraph (4) for a fiscal year which are not granted to any entity during such fiscal year shall be available to the National Endow- ment for the Humanities for the purpose of car- rying out subsection (c). (7) Whenever the Chairperson, after reasonable notice and opportunity for hearing, finds that— (A) a group or grant recipient is not com- plying substantially with the provisions of this subsection; (B) a State agency or grant recipient is not complying substantially with terms and condi- tions of its State plan or grant recipient appli- cation approved under this subsection; or (C) any funds granted to any group or State agency or grant recipient under this sub- section have been diverted from the purposes for which they are allotted or paid, the Chairperson shall immediately notify the Secretary of the Treasury and the group, State agency, or grant recipient with respect to which such finding was made that no further grants will be made under this subsection to such group, State agency, or grant recipient until there is no longer a default or failure to comply or the diversion has been corrected, or, if the Page 161 TITLE 20—EDUCATION § 956 compliance or correction is impossible, until such group, State agency, or grant recipient re- pays or arranges the repayment of the Federal funds which have been improperly diverted or expended. (8) Except as provided in the third sentence of paragraph (4), and paragraphs (5) and (6), the Chairperson may not make grants under this subsection to more than one entity in any State. (g) Payment of performers and supporting per- sonnel; standards, regulations, and proce- dures It shall be a condition of the receipt of any grant under this section that the group, indi- vidual, or State agency or entity receiving such grant furnish adequate assurances to the Sec- retary of Labor that (1) all professional per- formers and related or supporting professional personnel employed on projects or productions which are financed in whole or in part under this section will be paid, without subsequent deduc- tion or rebate on any account, not less than the minimum compensation as determined by the Secretary of Labor to be the prevailing min- imum 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 en- gaged in under working conditions which are un- sanitary 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 prescribe standards, regulations, and procedures necessary to carry out this subsection. (h) Program of contracts or grants-in-aid to pub- lic agencies and private nonprofit organiza- tions; limitation on payments (1) The Chairperson of the National Endow- ment for the Humanities, with the advice of the National Council on the Humanities, is author- ized, 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 for the purpose of— (A) enabling cultural organizations and in- stitutions to increase the levels of continuing support and to increase the range of contribu- tors to the program of such organizations or institutions; (B) providing administrative and manage- ment improvements for cultural organizations and institutions, particularly in the field of long-range financial planning; (C) enabling cultural organizations and in- stitutions to increase audience participation in, and appreciation of, programs sponsored by such organizations and institutions; (D) stimulating greater cooperation among cultural organizations and institutions espe- cially designed to serve better the commu- nities in which such organizations or institu- tions are located; (E) fostering greater citizen involvement in planning the cultural development of a com- munity; and (F) for bicentennial programs, assessing where our society and Government stand in re- lation to the founding principles of the Repub- lic, primarily focused on projects which will bring together the public and private citizen sectors in an effort to find new processes for solving problems facing our Nation in its third century. (2)(A) Except as provided in subparagraph (B) of this paragraph, the total amount of any pay- ment made under this subsection for a program or project may not exceed 50 per centum of the cost of such program or project. (B) The Chairperson, with the advice of the Council, may waive all or part of the require- ment of matching funds provided in subpara- graph (A) of this paragraph, but only for the purposes described in clause (F) of paragraph (1), whenever he determines that highly meritorious proposals for grants and contracts under such clause, could not otherwise be supported from non-Federal sources or from Federal sources other than funds authorized by section 960(a)(3) of this title, unless such matching requirement is waived. Such waiver may not exceed 15 per centum of the amount appropriated in any fiscal year and available to the National Endowment for the Humanities for the purpose of this sub- section. (3) In carrying out the program authorized by this subsection, the Chairperson of the National Endowment for the Humanities shall have the same authority as is established in subsection (c) and section 959 of this title. (i) Interagency agreements The Chairperson may enter into interagency agreements to promote or assist with the hu- manities-related activities of other Federal agencies, on either a reimbursable or non- reimbursable basis, and may use funds author- ized to be appropriated for the purposes of sub- section (c) for the costs of such activities. (j) Payment of wages at prevailing rates; author- ity of Secretary of Labor It shall be a condition of the receipt of any grant under this section that the group or indi- vidual of exceptional talent or the State, State agency, or entity 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 deter- mined 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 sub- section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 3145 of title 40. (k) National information and data collection sys- tem on humanities, scholars, educational and cultural groups, and audiences; development and implementation plan; state of the hu- manities reports The Chairperson of the National Endowment for the Humanities shall, in ongoing consulta- tion with State and local agencies, other rel- Page 162 TITLE 20—EDUCATION § 956 evant organizations, and relevant Federal agen- cies, continue to develop and implement a prac- tical system of national information and data collection and public dissemination on the hu- manities, scholars, educational and cultural groups, and their audiences. Such system shall include cultural and financial trends in the var- ious humanities fields, trends in audience par- ticipation, and trends in humanities education on national, regional, and State levels. Such system shall be used, along with a summary of the data submitted with plans under subsection (f), to prepare a report on the state of the hu- manities in the Nation. The state of the human- ities report shall include a description of the availability of the Endowment’s programs to emerging and culturally diverse scholars, cul- tural and educational organizations, and com- munities and of the participation of such schol- ars, organizations, and communities in such pro- grams. The state of the humanities report shall be submitted to the President and the Congress, and provided the States, not later than October 1, 1992, and quadrennially thereafter. (l) Eligibility of group for financial assistance Any group shall be eligible for financial assist- ance under this section only if— (1) no part of its net earnings inures to the benefit of any private stockholder or stock- holders, or individual or individuals; and (2) donations to such group are allowable as a charitable contribution under the standards of section 170(c) of title 26. (m) Annual awards The Chairperson, with the advice of the Na- tional Council on the Humanities, is authorized to make the following annual awards: (1) The Jefferson Lecture in the Humanities Award to one individual for distinguished in- tellectual achievement in the humanities. The annual award shall not exceed $10,000. (2) The Charles Frankel Prize to honor indi- viduals who have made outstanding contribu- tions to the public understanding of the hu- manities. Not more than 5 individuals may re- ceive such prize each year. Each prize shall not exceed $5,000. (Pub. L. 89–209, § 7, Sept. 29, 1965, 79 Stat. 850; Pub. L. 90–83, § 10(b), Sept. 11, 1967, 81 Stat. 223; Pub. L. 91–346, § 8, July 20, 1970, 84 Stat. 445; Pub. L. 93–133, §§ 2(a)(6), 3, Oct. 19, 1973, 87 Stat. 464, 465; Pub. L. 94–462, title I, §§ 104(a), 105, title III, § 301(b), Oct. 8, 1976, 90 Stat. 1971, 1974, 1979; Pub. L. 96–496, title I, §§ 104, 109(c), Dec. 4, 1980, 94 Stat. 2584, 2591; renumbered title I, § 7, Pub. L. 98–306, § 2, May 31, 1984, 98 Stat. 223; renumbered § 7 and amended Pub. L. 99–194, title I, §§ 101(1), 107, Dec. 20, 1985, 99 Stat. 1332, 1335; Pub. L. 101–512, title III, § 318 [title I, § 107], Nov. 5, 1990, 104 Stat. 1960, 1969.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Numbered 14 of 1950, referred to in subsec. (j), is set out in the Appendix to Title 5, Gov- ernment Organization and Employees. CODIFICATION In subsec. (j), ‘‘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, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Build- ings, Property, and Works. AMENDMENTS 1990—Subsec. (a). Pub. L. 101–512, § 318 [title I, § 107(a)], substituted ‘‘the’’ for ‘‘a’’ after ‘‘Foundation’’. Subsec. (c). Pub. L. 101–512, § 318 [title I, § 107(b)(1)], inserted ‘‘enter into arrangements, including contracts, grants, loans, and other forms of assistance, to’’ after ‘‘is authorized to’’. Subsec. (c)(2). Pub. L. 101–512, § 318 [title I, § 107(b)(2)], struck out ‘‘(including contracts, grants, loans, and other forms of assistance)’’ after ‘‘arrangements’’. Subsec. (c)(3). Pub. L. 101–512, § 318 [title I, § 107(b)(3)], substituted ‘‘initiate and support training and work- shops in the humanities by making arrangements with institutions or individuals (fellowships’’ for ‘‘award fel- lowships and grants to institutions or individuals for training and workshops in the humanities. Fellow- ships’’, and inserted closing parenthesis after ‘‘periods of time’’. Subsec. (c)(7). Pub. L. 101–512, § 318 [title I, § 107(b)(4)], struck out ‘‘through grants or other arrangements’’ after ‘‘foster,’’. Subsec. (c)(10). Pub. L. 101–512, § 318 [title I, § 107(b)(5)–(7)], added par. (10). Subsec. (d). Pub. L. 101–512, § 318 [title I, § 107(c)], sub- stituted ‘‘coordinate’’ for ‘‘correlate’’. Subsec. (f)(2)(A). Pub. L. 101–512, § 318 [title I, § 107(d)(1)], substituted ‘‘the date the State agency is es- tablished’’ for ‘‘December 20, 1985,’’. Subsec. (f)(2)(A)(viii)(I). Pub. L. 101–512, § 318 [title I, § 107(d)(2)(A)], substituted ‘‘most recent preceding year for which information is available’’ for ‘‘previous two years’’. Subsec. (f)(2)(A)(viii)(II). Pub. L. 101–512, § 318 [title I, § 107(d)(2)(B)], inserted ‘‘for the most recent preceding year for which information is available,’’. Subsec. (f)(3)(J)(i). Pub. L. 101–512, § 318 [title I, § 107(d)(3)(A)], substituted ‘‘most recent preceding year for which information is available’’ for ‘‘previous two years’’. Subsec. (f)(3)(J)(ii). Pub. L. 101–512, § 318 [title I, § 107(d)(3)(B)], inserted ‘‘for the most recent preceding year for which information is available,’’. Subsec. (g). Pub. L. 101–512, § 318 [title I, § 107(e)], struck out ‘‘not later than 180 days after December 20, 1985’’ before period at end. Subsec. (h)(2)(B). Pub. L. 101–512, § 318 [title I, § 107(f)], substituted ‘‘Endowment for’’ for ‘‘Endowment on’’. Subsec. (k). Pub. L. 101–512, § 318 [title I, § 107(g)], in- serted ‘‘ongoing’’ after ‘‘shall, in’’, substituted ‘‘con- tinue to develop and implement’’ for ‘‘develop’’, in- serted ‘‘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 implementa- tion of such system, including a recommendation re- garding the need for any additional funds to be appro- priated to develop and implement such system.’’ after ‘‘and State levels.’’, and substituted ‘‘1992, and quad- rennially’’ for ‘‘1988, and biennially’’. Subsecs. (l), (m). Pub. L. 101–512, § 318 [title I, § 107(h)], added subsecs. (l) and (m) and struck out former subsec. (l) which related to reports and plans required by regu- lation or directives and the transmittal of such reports and plans to the Equal Employment Opportunity Com- mission. 1985—Subsec. (b). Pub. L. 99–194, § 107(1), (5), sub- stituted ‘‘chairperson’’ for ‘‘chairman’’ in par. (1), and in par. (2), substituted ‘‘Chairperson’’ for ‘‘Chairman’’ and ‘‘the Chairperson’s’’ for ‘‘his’’ wherever appearing. Subsec. (c). Pub. L. 99–194, § 107(2), (5), substituted ‘‘Chairperson’’ for ‘‘Chairman’’ wherever appearing, Page 163 TITLE 20—EDUCATION § 956 substituted ‘‘workshops’’ for ‘‘workships’’ in cl. (3), added cls. (4) and (5) and redesignated existing cls. (4) to (7) as (6) to (9), respectively, substituted ‘‘clause (8)’’ for ‘‘clause (6)’’ in second sentence, and inserted at end ‘‘In selecting individuals and groups of exceptional tal- ent as recipients of financial assistance to be provided under this subsection, the Chairperson shall give par- ticular regard to scholars, and educational and cultural institutions, that have traditionally been underrep- resented.’’ Subsec. (d). Pub. L. 99–194, § 107(5), substituted ‘‘Chairperson’’ for ‘‘Chairman’’. Subsec. (f). Pub. L. 99–194, § 107(3), (5), substituted ‘‘Chairperson’’ for ‘‘Chairman’’ wherever appearing; in par. (2)(A) substituted ‘‘December 20, 1985’’ for ‘‘Decem- ber 4, 1980’’, inserted ‘‘officer’’ after ‘‘chief executive’’ wherever appearing in cl. (ii), struck out ‘‘and’’ at end of cl. (v), substituted ‘‘, including a description of the progress made toward achieving the goals of the State plan;’’ for the period at end of cl. (vi), and added cls. (vii) and (viii) and sentence providing that no applica- tion may be approved unless the accompanying plan satisfies the requirements specified in this subsection; in par. (2)(B)(i) substituted ‘‘six’’ and ‘‘25’’ for ‘‘four’’ and ‘‘20’’, respectively; and in par. (3) struck out ‘‘and’’ at end of cl. (G), substituted ‘‘, including a description of the progress made toward achieving the goals of the plan;’’ for the period at end of cl. (H), and added cls. (I) and (J) and sentence providing that no application may be approved unless the accompanying plan satisfies the requirements specified in this subsection. Subsec. (g). Pub. L. 99–194, § 107(4), substituted ‘‘The Secretary of Labor shall prescribe standards, regula- tions, and procedures necessary to carry out this sub- section not later than 180 days after December 20, 1985’’ for ‘‘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’’. Subsecs. (h)(1), (2)(B), (3), (i). Pub. L. 99–194, § 107(5), substituted ‘‘Chairperson’’ for ‘‘Chairman’’ wherever appearing. Subsecs. (j) to (l). Pub. L. 99–194, § 107(6), added sub- secs. (j) to (l). 1980—Subsec. (c). Pub. L. 96–496, § 109(c), substituted ‘‘Committee on Labor and Human Resources’’ for ‘‘Committee on Labor and Public Welfare’’ in last sen- tence. Subsec. (f)(2). Pub. L. 96–496, § 104(a)(1), substituted provisions relating to the designation of State human- ities councils as State administrative agencies, requir- ing matching State funding and submission by States wishing to designate administrative State agencies of grant applications and accompanying administrative plans, and prescribing a grant recipient application procedure for provisions requiring entities desiring to receive financial assistance under this subsection to submit grant applications and accompanying adminis- trative plans. Subsec. (f)(3). Pub. L. 96–496, § 104(a)(2), substituted provisions requiring entities desiring to receive finan- cial assistance under this subsection to submit grant applications and accompanying administrative plans for provisions relating to the appointment of grant re- cipient members. Subsec. (f)(4). Pub. L. 96–496, § 104(a)(3), in provisions preceding subpar. (A), substituted ‘‘each State and each grant recipient’’ for ‘‘each grant recipient’’ and ‘‘such States and grant recipients’’ for ‘‘such grant recipi- ents’’, in subpar. (A), substituted ‘‘34 per centum of the amount of such excess for such’’ for ‘‘the amount of such excess which is no greater than 25 per centum of the sums available to carry out this subsection for any’’ and inserted ‘‘States and regional groups and’’, in subpar. (B), substituted ‘‘44 per centum of the amount of such excess for such fiscal year’’ for ‘‘the amount of such excess, if any, which remains after reserving in full for the Chairman the amount required under sub- paragraph (A)’’ and ‘‘States and grant recipients’’ for ‘‘grant recipients’’ and struck out ‘‘but in no event shall any grant recipient be allotted less than $200,000’’ after ‘‘Chairman’’ and added subpar. (C). Subsec. (f)(5)(A). Pub. L. 96–496, § 104(a)(4)(A), sub- stituted ‘‘The amount of each allotment to a State for any fiscal year under this subsection shall be available to each State or grant recipient, which has a plan or application 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 produc- tion described in paragraph (1). The amount of any’’ for ‘‘Whenever the provisions of paragraph (3)(B) of this subsection apply in any State, that part of any’’. Subsec. (f)(5)(B). Pub. L. 96–496, § 104(a)(4)(B), inserted ‘‘State agency or’’. Subsec. (f)(5)(E). Pub. L. 96–496, § 104(a)(4)(C), added subpar. (E). Subsec. (f)(7). Pub. L. 96–496, § 104(a)(5), inserted ‘‘group or’’ in subpar. (A), inserted ‘‘State agency or’’ and substituted ‘‘State plan or grant recipient applica- tion’’ for ‘‘plan’’ in subpar. (B), inserted ‘‘group or State agency or’’ in subpar. (C), and inserted ‘‘group, State agency, or’’ in three places in provisions fol- lowing subpar. (C). Subsec. (f)(8). Pub. L. 96–496, § 104(a)(6), substituted ‘‘the third sentence of paragraph (4), and paragraphs (5) and (6)’’ for ‘‘paragraphs (4), (5), and (6)’’. Subsec. (g). Pub. L. 96–496, § 104(b), substituted ‘‘State agency or’’ for ‘‘State’’. Subsec. (i). Pub. L. 96–496, § 104(c), added subsec. (i). 1976—Subsecs. (f), (g). Pub. L. 94–462, §§ 104(a), 105, added subsecs. (f) and (g). Subsec. (h). Pub. L. 94–462, § 301(b), added subsec. (h). 1973—Subsec. (c). Pub. L. 93–133, § 2(a)(6), in provisions preceding cl. (1) struck out reference to the Federal Council on the Arts and the Humanities, in cl. (2) in- serted proviso that loans made by the Endowment shall be made in accordance with terms and conditions ap- proved by the Secretary of the Treasury, in cl. (6) struck out reference to section 111 of title 44, and added cl. (7) and provisions following cl. (7). Subsec. (d). Pub. L. 93–133, § 3, required the Chairman to correlate the programs of the National Endowment for the Humanities with designated State humanities agencies. 1970—Subsec. (b)(2). Pub. L. 91–346, § 8(a), provided that upon expiration of his term of office the Chairman shall serve until his successor shall have been ap- pointed and shall have qualified. Subsec. (c)(2). Pub. L. 91–346, § 8(b), announced inten- tion of the Endowment for the Humanities to strength- en teaching potential as well as research potential and authorized the Endowment to make contracts as well as grants etc., in its efforts to accomplish its goals. Subsec. (c)(5). Pub. L. 91–346, § 8(c), announced inten- tion to foster education in as well as public under- standing and appreciation of the humanities. 1967—Subsec. (b)(1). Pub. L. 90–83 struck out provision setting the compensation of the Chairman at the level prescribed by law for the Director of the National Science Foundation. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–512 effective Oct. 1, 1990, see section 318 [title IV, § 403(a)] of Pub. L. 101–512, set out as a note under section 951 of this title. APPLICABILITY OF 1985 AMENDMENT Amendment by section 107(3) of Pub. L. 99–194 not ap- plicable with respect to plans submitted for financial Page 164 TITLE 20—EDUCATION § 956a assistance to be provided with funds appropriated for fiscal year 1986, see section 112 of Pub. L. 99–194, set out as a note under section 954 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–462, title I, § 104(b), Oct. 8, 1976, 90 Stat. 1974, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall be effective with respect to fiscal year 1977 and succeeding fiscal years.’’ EFFECTIVE DATE OF 1973 AMENDMENT Amendment by section 2(a)(6) of Pub. L. 93–133 effec- tive 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. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (k) of this section relating to quadrennially submitting the state of the humanities report to Con- gress, 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. § 956a. National Capital arts and cultural affairs; grant programs There is hereby authorized a program to sup- port artistic and cultural programs in the Na- tion’s Capital to be established under the direc- tion of the Commission of Fine Arts. Not to ex- ceed $10,000,000 annually is authorized to provide grants for general operating support to eligible organizations located in the District of Colum- bia whose primary purpose is performing, exhib- iting and/or presenting arts. Eligibility for grants shall be limited to not- for-profit, non-academic institutions of dem- onstrated national repute and is further limited to organizations having annual income, exclu- sive of Federal funds, in excess of $1,000,000 for each of the three years prior to receipt of a grant. Each eligible organization must have its principal place of business in the District of Co- lumbia and in a facility or facilities located in the District of Columbia. The Chairman of the Commission of Fine Arts shall establish an application process and shall, along with the Chairman of the National Endow- ment for the Arts and the Chairman of the Na- tional Endowment for the Humanities determine the eligibility of applicant organizations. Of the funds provided for grants, 70 per centum shall be equally distributed among all qualifying organizations and 30 per centum shall be distrib- uted based on the size of an organization’s total annual income, exclusive of Federal funds, com- pared to the combined total of the annual in- come, exclusive of Federal funds, of all eligible institutions. No organization shall receive a grant in excess of $650,000 in a single year. An application process shall be established no later than March 1, 1986, and initial grants shall be awarded no later than June 1, 1986. (Pub. L. 99–190, § 101(d) [title II, § 201], Dec. 19, 1985, 99 Stat. 1224, 1261; Pub. L. 99–500, § 101(h) [title II, § 201], Oct. 18, 1986, 100 Stat. 1783–242, 1783–281, and Pub. L. 99–591, § 101(h) [title II, § 201], Oct. 30, 1986, 100 Stat. 3341–242, 3341–281; Pub. L. 100–202, § 101(g) [title II, § 201], Dec. 22, 1987, 101 Stat. 1329–213, 1329–250; Pub. L. 101–121, title II, Oct. 23, 1989, 103 Stat. 739; Pub. L. 106–219, § 2, June 20, 2000, 114 Stat. 346; Pub. L. 108–81, title V, § 502(b), Sept. 25, 2003, 117 Stat. 1003; Pub. L. 111–88, div. A, title IV, § 418, Oct. 30, 2009, 123 Stat. 2960; Pub. L. 112–74, div. E, title III, Dec. 23, 2011, 125 Stat. 1035.) Editorial Notes CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. Section was not enacted as part of the National Foundation on the Arts and the Humanities Act of 1965 which comprises this subchapter. AMENDMENTS 2011—Pub. L. 112–74 substituted ‘‘Each eligible organi- zation must have its principal place of business in the District of Columbia and in a facility or facilities lo- cated in the District of Columbia.’’ for ‘‘The following organizations are deemed eligible to receive grants under this section: Folger Theater, Corcoran Gallery of Art, Phillips Gallery, Arena Stage, the National Build- ing Museum, the National Children’s Museum, the Na- tional Symphony Orchestra, the National Opera, and Ford’s Theater.’’ in second par. and struck out ‘‘in ad- dition to those herein named’’ at end of third par. 2009—Pub. L. 111–88 substituted ‘‘$10,000,000’’ for ‘‘$7,500,000’’ in first par. and ‘‘$650,000’’ for ‘‘$500,000’’ in fourth par. 2003—Pub. L. 108–81 substituted ‘‘National Children’s Museum’’ for ‘‘National Capital Children’s Museum’’ in second par. 2000—Pub. L. 106–219 substituted ‘‘National Opera’’ for ‘‘Washington Opera Society’’ in second par. 1989—Pub. L. 101–121 substituted ‘‘$7,500,000’’ for ‘‘$5,000,000’’ in first par. 1987—Pub. L. 100–202 substituted ‘‘direction of the Commission of Fine Arts’’ for ‘‘direction of the Na- tional Endowment for the Humanities’’ in first par. and amended third par. generally. Prior to amendment, third par. read as follows: ‘‘The Chairman of the Na- tional Endowment for the Humanities shall establish an application process and shall, along with the Chair- man of the National Endowment for the Arts and the Chairman of the Commission on Fine Arts determine the eligibility of applicant organizations in addition to those herein named.’’ 1986—Pub. L. 99–500 and Pub. L. 99–591 substituted ‘‘whose primary purpose is’’ for ‘‘which are engaged pri- marily in’’ in first par. and ‘‘annual income, exclusive of Federal Funds,’’ for ‘‘an annual operating budget’’, ‘‘operating budget’’, and ‘‘operating budgets’’ in third and fourth pars. Statutory Notes and Related Subsidiaries ELIGIBILITY LIMITATION Pub. L. 118–42, div. E, title III, Mar. 9, 2024, 138 Stat. 282, provided in part: ‘‘That the item relating to ‘Na- tional Capital Arts and Cultural Affairs’ in the Depart- ment of the Interior and Related Agencies Appropria- tions Act, 1986, as enacted into law by section 101(d) of Public Law 99–190 (20 U.S.C. 956a), shall be applied in fiscal year 2024 in the second paragraph by inserting ‘, calendar year 2020 excluded’ before the first period: Pro- vided further, That in determining an eligible organiza- tion’s annual income for calendar years 2021, 2022, and 2023, funds or grants received by the eligible organiza- tion from any supplemental appropriations made avail- able in 2020 and 2021 in connection with the public health emergency declared by the Secretary of Health and Human Services on January 31, 2020 (including re- newals thereof) shall be counted as part of the eligible organization’s annual income.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 117–328, div. G, title III, Dec. 29, 2022, 136 Stat. 4818. Pub. L. 117–103, div. G, title III, Mar. 15, 2022, 136 Stat. 407.