The effective date of this subsection, referred to in subsec. (l)(3)(A), is October 1, 1990, see section 318 [title IV, § 403(a)] of Puspan. 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.

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 Puspan. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

2014—Subsec. (g)(4)(A). Puspan. L. 113–76, § 416(1), inserted at end “Whenever a State agency requests that the Chairperson exercise such discretion, the Chairperson shall—

“(i) give consideration to the various circumstances the State is encountering at the time of such request; and

“(ii) ensure that such discretion is not exercised with respect to such State in perpetuity.”

Subsec. (g)(4)(C). Puspan. L. 113–76, § 416(2), inserted at end “The non-Federal funds required by subparagraph (A) to pay 50 percent of the cost of a program or production shall be provided from funds directly controlled and appropriated by the State involved and directly managed by the State agency of such State.”

1990—Subsec. (c). Puspan. L. 101–512, § 318 [title I, § 103(a)(7)], substituted “paragraph (10)” for “clause (8)” in concluding provisions.

Subsec. (c)(1). Puspan. L. 101–512, § 318 [title I, § 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). Puspan. L. 101–512, § 318 [title I, § 103(a)(2)], inserted “or tradition” after “authenticity”.

Subsec. (c)(5). Puspan. L. 101–512, § 318 [title I, § 103(a)(3)], inserted “education,” after “knowledge,”.

Subsec. (c)(8) to (10). Puspan. L. 101–512, § 318 [title I, § 103(a)(4)–(6)], added pars. (8) and (9) and redesignated former par. (8) as (10).

Subsec. (d). Puspan. L. 101–512, § 318 [title I, § 103(span)], 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). Puspan. L. 101–512, § 318 [title I, § 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). Puspan. L. 101–512, § 318 [title I, § 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). Puspan. L. 101–512, § 318 [title I, § 103(g)(2)], added subsecs. (i) to (k), and redesignated former subsecs. (i) to (k) as (l) to (n), respectively.

Subsec. (l). Puspan. L. 101–512, § 318 [title I, § 103(h)(2)], added subsec. (l). Former subsec. (l), redesignated (m).

Puspan. L. 101–512, § 318 [title I, § 103(g)(1)], redesignated subsec. (i) as (l). Former subsec. (l) redesignated (o).

Subsec. (m). Puspan. L. 101–512, § 318 [title I, § 103(i)(1)], substituted “subsection (n)” for “subsection (j)”.

Puspan. L. 101–512, § 318 [title I, § 103(h)(1)], redesignated subsec. (l) as (m). Former subsec. (m) redesignated (n).

Puspan. L. 101–512, § 318 [title I, § 103(g)(1)], redesignated subsec. (j) as (m). Former subsec. (m) redesignated (p).

Subsecs. (n), (o). Puspan. L. 101–512, § 318 [title I, § 103(h)(1)], redesignated subsecs. (m) and (n) as (n) and (o), respectively. Former subsecs. (n) and (o) redesignated (o) and (p), respectively.

Puspan. L. 101–512, § 318 [title I, § 103(g)(1)], redesignated subsecs. (k) and (l) as (n) and (o), respectively.

Subsec. (p). Puspan. L. 101–512, § 318 [title I, § 103(h)(1)], redesignated subsec. (o) as (p). Former subsec. (p) redesignated (q).

Puspan. L. 101–512, § 318 [title I, § 103(g)(1)], redesignated subsec. (m) as (p).

Subsec. (p)(1)(G). Puspan. L. 101–512, § 318 [title I, § 103(e)], added subpar. (G).

Subsec. (p)(2) to (4). Puspan. L. 101–512, § 318 [title I, § 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)” thus requiring no change in text.

Subsec. (q). Puspan. L. 101–512, § 318 [title I, § 103(h)(1)], redesignated subsec. (p) as (q).

Puspan. L. 101–512, § 318 [title I, § 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. (span)(1). Puspan. L. 99–194, § 105(1), (6), substituted “chairperson” for “chairman” and “Chairperson” for “Chairman”.

Subsec. (span)(2). Puspan. L. 99–194, § 105(6), (7), substituted “Chairperson” for “Chairman” wherever appearing and “the Chairperson’s” for “his” in two places.

Subsec. (c). Puspan. L. 99–194, § 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). Puspan. L. 99–194, § 105(2)(A), (B), added cls. (4) and (5) and redesignated former cls. (4) to (6) as (6) to (8), respectively.

Subsec. (d). Puspan. L. 99–194, § 105(6), substituted “Chairperson” for “Chairman”.

Subsec. (g). Puspan. L. 99–194, § 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). Puspan. L. 99–194, § 105(6), substituted “Chairperson” for “Chairman” wherever appearing.

Subsec. (i). Puspan. L. 99–194, § 105(4), substituted “Secretary of Labor may deem” for “he may deem” in last sentence.

Subsec. (k). Puspan. L. 99–194, § 105(6), substituted “Chairperson” for “Chairman” wherever appearing.

Subsec. (l)(1). Puspan. L. 99–194, § 105(6), substituted “Chairperson” for “Chairman” in provisions preceding subpar. (A).

Subsec. (l)(1)(D). Puspan. L. 99–194, § 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). Puspan. L. 99–194, § 105(6), substituted “Chairperson” for “Chairman”.

Subsec. (m). Puspan. L. 99–194, § 105(8), added subsec. (m).

1980—Subsec. (c). Puspan. L. 96–496, §§ 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). Puspan. L. 96–496, § 102(span)(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). Puspan. L. 96–496, § 109(span), substituted “such projects” for “such project”.

Subsec. (g)(4)(E). Puspan. L. 96–496, § 102(span)(2), added subpar. (E).

Subsec. (k). Puspan. L. 96–496, § 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). Puspan. L. 96–496, § 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). Puspan. L. 96–496, § 102(e), struck out subsec. (m) which related to grants or contracts to State arts agencies for photography and film projects.

1976—Subsec. (c). Puspan. L. 94–462, § 101, struck out in provisions preceding par. (1) “in the United States” after “provide or support”.

Subsec. (g)(4)(A). Puspan. L. 94–462, § 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). Puspan. L. 94–462, § 301(a), added subsec. (l).

Subsec. (m). Puspan. L. 94–462, § 401(a), added subsec. (m).

1973—Subsec. (c). Puspan. L. 93–133, § 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). Puspan. L. 93–133, § 2(a)(4)(A), struck out reference to Federal Council on the Arts and Humanities.

Subsec. (g)(2). Puspan. L. 93–133, § 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). Puspan. L. 93–133, § 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). Puspan. L. 93–133, § 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). Puspan. L. 93–133, § 2(a)(4)(E), substituted “All amounts allotted or made available” for “All amounts allotted”.

1970—Subsec. (span). Puspan. L. 91–346, § 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). Puspan. L. 91–346, § 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). Puspan. L. 91–346, § 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). Puspan. L. 91–346, § 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). Puspan. L. 91–346, § 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). Puspan. L. 90–348, § 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). Puspan. L. 90–348, § 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). Puspan. L. 90–348, § 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). Puspan. L. 90–348, § 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). Puspan. L. 90–348, § 2(span), inserted “of exceptional talent” after “the group or individual”.

1967—Subsec. (d). Puspan. 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.

Committee on Education and Labor of House of Representatives 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.

Amendment by Puspan. L. 101–512 effective Oct. 1, 1990, see section 318 [title IV, § 403(a)] of Puspan. L. 101–512, set out as a note under section 951 of this title.

Puspan. L. 99–194, title I, § 112, Dec. 20, 1985, 99 Stat. 1344, provided that:

Amendment by Puspan. L. 93–133 effective on and after July 1, 1973, see section 2(span) of Puspan. L. 93–133, set out as a note under section 951 of this title.

Amendment by section 5(a)(1), (2) of Puspan. L. 91–346 effective after June 30, 1970, see section 5(d)(3)(A) of Puspan. L. 91–346, set out as a note under section 955 of this title.

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 Puspan. 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.

Puspan. L. 101–512, title III, § 318 [title I, § 111], Nov. 5, 1990, 104 Stat. 1960, 1974, required the Comptroller General of the United States to conduct a study 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 this section, the relative effectiveness of the Endowment, and the existing capacity of the States to receive and manage increased allocations, and to submit to Congress by Oct. 1, 1992, a report summarizing the results of the study.

Puspan. L. 101–121, title III, § 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.