Establishment
There is established within the Foundation the National Endowment for the Humanities.
Chairperson of the Endowment; appointment, term, reappointment; vacancy; expiration of term
Functions of the Endowment; publications; traditionally underrepresented recipients of financial assistance
Coordination and development of Endowment programs with other Federal and non-Federal programs
The Chairperson shall coordinate the programs of the National Endowment for the Humanities, insofar as practicable, with existing Federal programs, designated State humanities agencies 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.
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 subsection (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.
Grants-in-aid programs; designation of State administrative agency; matching funds; applications and plans; allotments; cost limitations; grants to regional groups; non-Federal funding; definitions; suspension of grants; single entity limitation
Payment of performers and supporting personnel; standards, regulations, and procedures
It shall be a condition of the receipt of any grant under this section that the group, individual, or State agency or entity receiving such grant furnish adequate assurances to the Secretary of Labor that (1) all professional performers 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 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 prescribe standards, regulations, and procedures necessary to carry out this subsection.
Program of contracts or grants-in-aid to public agencies and private nonprofit organizations; limitation on payments
Interagency agreements
The Chairperson may enter into interagency agreements to promote or assist with the humanities-related activities of other Federal agencies, on either a reimbursable or nonreimbursable basis, and may use funds authorized to be appropriated for the purposes of subsection (c) for the costs of such activities.
Payment of wages at prevailing rates; authority of Secretary of Labor
section 3145 of title 40It shall be a condition of the receipt of any grant under this section that the group or individual 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 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 .
National information and data collection system on humanities, scholars, educational and cultural groups, and audiences; development and implementation plan; state of the humanities reports
The Chairperson of the National Endowment for the Humanities shall, in ongoing consultation with State and local agencies, other 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 humanities, scholars, educational and cultural groups, and their audiences. Such system shall include cultural and financial trends in the various humanities fields, trends in audience participation, 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 humanities in the Nation. The state of the humanities report shall include a description of the availability of the Endowment’s programs to emerging and culturally diverse scholars, cultural and educational organizations, and communities and of the participation of such scholars, organizations, and communities in such programs. The state of the humanities report shall be submitted to the President and the Congress, and provided the States, not later than , and quadrennially thereafter.
Eligibility of group for financial assistance
Annual awards
Pub. L. 89–209, § 779 Stat. 850Pub. L. 90–83, § 10(b)81 Stat. 223Pub. L. 91–346, § 884 Stat. 445Pub. L. 93–13387 Stat. 464Pub. L. 94–462, title I90 Stat. 1971Pub. L. 96–496, title I94 Stat. 2584Pub. L. 98–306, § 298 Stat. 223Pub. L. 99–194, title I99 Stat. 1332Pub. L. 101–512, title III, § 318 [title I, § 107]104 Stat. 1960(, , ; , , ; , , ; , §§ 2(a)(6), 3, , , 465; , §§ 104(a), 105, title III, § 301(b), , , 1974, 1979; , §§ 104, 109(c), , , 2591; renumbered title I, § 7, , , ; renumbered § 7 and amended , §§ 101(1), 107, , , 1335; , , , 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, Government Organization and Employees.
Codification
40 U.S.C. 276asection 3145 of title 40section 2 of the Act of June 13, 193440 U.S.C. 276cPub. L. 107–217, § 5(c)116 Stat. 1303In subsec. (j), “sections 3141–3144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act, as amended (—276a–5)” and “” substituted for “, as amended ()” on authority of , , , the first section of which enacted Title 40, Public Buildings, Property, and Works.
Amendments
Pub. L. 101–512, § 318 [title I, § 107(a)]1990—Subsec. (a). , substituted “the” for “a” after “Foundation”.
Pub. L. 101–512, § 318 [title I, § 107(b)(1)]Subsec. (c). , inserted “enter into arrangements, including contracts, grants, loans, and other forms of assistance, to” after “is authorized to”.
Pub. L. 101–512, § 318 [title I, § 107(b)(2)]Subsec. (c)(2). , struck out “(including contracts, grants, loans, and other forms of assistance)” after “arrangements”.
Pub. L. 101–512, § 318 [title I, § 107(b)(3)]Subsec. (c)(3). , substituted “initiate and support training and workshops in the humanities by making arrangements with institutions or individuals (fellowships” for “award fellowships and grants to institutions or individuals for training and workshops in the humanities. Fellowships”, and inserted closing parenthesis after “periods of time”.
Pub. L. 101–512, § 318 [title I, § 107(b)(4)]Subsec. (c)(7). , struck out “through grants or other arrangements” after “foster,”.
Pub. L. 101–512, § 318 [title I, § 107(b)(5)–(7)]Subsec. (c)(10). , added par. (10).
Pub. L. 101–512, § 318 [title I, § 107(c)]Subsec. (d). , substituted “coordinate” for “correlate”.
Pub. L. 101–512, § 318 [title I, § 107(d)(1)]Subsec. (f)(2)(A). , substituted “the date the State agency is established” for “,”.
Pub. L. 101–512, § 318 [title I, § 107(d)(2)(A)]Subsec. (f)(2)(A)(viii)(I). , substituted “most recent preceding year for which information is available” for “previous two years”.
Pub. L. 101–512, § 318 [title I, § 107(d)(2)(B)]Subsec. (f)(2)(A)(viii)(II). , inserted “for the most recent preceding year for which information is available,”.
Pub. L. 101–512, § 318 [title I, § 107(d)(3)(A)]Subsec. (f)(3)(J)(i). , substituted “most recent preceding year for which information is available” for “previous two years”.
Pub. L. 101–512, § 318 [title I, § 107(d)(3)(B)]Subsec. (f)(3)(J)(ii). , inserted “for the most recent preceding year for which information is available,”.
Pub. L. 101–512, § 318 [title I, § 107(e)]Subsec. (g). , struck out “not later than 180 days after ” before period at end.
Pub. L. 101–512, § 318 [title I, § 107(f)]Subsec. (h)(2)(B). , substituted “Endowment for” for “Endowment on”.
Pub. L. 101–512, § 318 [title I, § 107(g)]Subsec. (k). , 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 , 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 “and State levels.”, and substituted “1992, and quadrennially” for “1988, and biennially”.
lPub. L. 101–512, § 318 [title I, § 107(h)]llSubsecs. (), (m). , added subsecs. () and (m) and struck out former subsec. () which related to reports and plans required by regulation or directives and the transmittal of such reports and plans to the Equal Employment Opportunity Commission.
Pub. L. 99–194, § 107(1)1985—Subsec. (b). , (5), substituted “chairperson” for “chairman” in par. (1), and in par. (2), substituted “Chairperson” for “Chairman” and “the Chairperson’s” for “his” wherever appearing.
Pub. L. 99–194, § 107(2)Subsec. (c). , (5), substituted “Chairperson” for “Chairman” wherever appearing, 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 talent as recipients of financial assistance to be provided under this subsection, the Chairperson shall give particular regard to scholars, and educational and cultural institutions, that have traditionally been underrepresented.”
Pub. L. 99–194, § 107(5)Subsec. (d). , substituted “Chairperson” for “Chairman”.
Pub. L. 99–194, § 107(3)Subsec. (f). , (5), substituted “Chairperson” for “Chairman” wherever appearing; in par. (2)(A) substituted “” for “”, 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 application 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.
Pub. L. 99–194, § 107(4)Subsec. (g). , substituted “The Secretary of Labor shall prescribe standards, regulations, and procedures necessary to carry out this subsection not later than 180 days after ” 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”.
Pub. L. 99–194, § 107(5)Subsecs. (h)(1), (2)(B), (3), (i). , substituted “Chairperson” for “Chairman” wherever appearing.
lPub. L. 99–194, § 107(6)lSubsecs. (j) to (). , added subsecs. (j) to ().
Pub. L. 96–496, § 109(c)1980—Subsec. (c). , substituted “Committee on Labor and Human Resources” for “Committee on Labor and Public Welfare” in last sentence.
Pub. L. 96–496, § 104(a)(1)Subsec. (f)(2). , substituted provisions relating to the designation of State humanities councils as State administrative agencies, requiring 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 administrative plans.
Pub. L. 96–496, § 104(a)(2)Subsec. (f)(3). , substituted provisions requiring entities desiring to receive financial assistance under this subsection to submit grant applications and accompanying administrative plans for provisions relating to the appointment of grant recipient members.
Pub. L. 96–496, § 104(a)(3)Subsec. (f)(4). , 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 recipients”, 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 subparagraph (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).
Pub. L. 96–496, § 104(a)(4)(A)Subsec. (f)(5)(A). , substituted “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 production 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”.
Pub. L. 96–496, § 104(a)(4)(B)Subsec. (f)(5)(B). , inserted “State agency or”.
Pub. L. 96–496, § 104(a)(4)(C)Subsec. (f)(5)(E). , added subpar. (E).
Pub. L. 96–496, § 104(a)(5)Subsec. (f)(7). , inserted “group or” in subpar. (A), inserted “State agency or” and substituted “State plan or grant recipient application” 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 following subpar. (C).
Pub. L. 96–496, § 104(a)(6)Subsec. (f)(8). , substituted “the third sentence of paragraph (4), and paragraphs (5) and (6)” for “paragraphs (4), (5), and (6)”.
Pub. L. 96–496, § 104(b)Subsec. (g). , substituted “State agency or” for “State”.
Pub. L. 96–496, § 104(c)Subsec. (i). , added subsec. (i).
Pub. L. 94–4621976—Subsecs. (f), (g). , §§ 104(a), 105, added subsecs. (f) and (g).
Pub. L. 94–462, § 301(b)Subsec. (h). , added subsec. (h).
Pub. L. 93–133, § 2(a)(6)section 111 of title 441973—Subsec. (c). , in provisions preceding cl. (1) struck out reference to the Federal Council on the Arts and the Humanities, in cl. (2) inserted proviso that loans made by the Endowment shall be made in accordance with terms and conditions approved by the Secretary of the Treasury, in cl. (6) struck out reference to , and added cl. (7) and provisions following cl. (7).
Pub. L. 93–133, § 3Subsec. (d). , required the Chairman to correlate the programs of the National Endowment for the Humanities with designated State humanities agencies.
Pub. L. 91–346, § 8(a)1970—Subsec. (b)(2). , provided that upon expiration of his term of office the Chairman shall serve until his successor shall have been appointed and shall have qualified.
Pub. L. 91–346, § 8(b)Subsec. (c)(2). , announced intention of the Endowment for the Humanities to strengthen 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.
Pub. L. 91–346, § 8(c)Subsec. (c)(5). , announced intention to foster education in as well as public understanding and appreciation of the humanities.
Pub. L. 90–831967—Subsec. (b)(1). 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 Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, .
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, .
Effective Date of 1990 Amendment
Pub. L. 101–512Pub. L. 101–512section 951 of this titleAmendment by effective , see section 318 [title IV, § 403(a)] of , set out as a note under .
Applicability of 1985 Amendment
section 107(3) of Pub. L. 99–194section 112 of Pub. L. 99–194section 954 of this titleAmendment by not applicable with respect to plans submitted for financial assistance to be provided with funds appropriated for fiscal year 1986, see , set out as a note under .
Effective Date of 1976 Amendment
Pub. L. 94–462, title I, § 104(b)90 Stat. 1974
Effective Date of 1973 Amendment
section 2(a)(6) of Pub. L. 93–133section 2(b) of Pub. L. 93–133section 951 of this titleAmendment by effective on and after , see , set out as a note under .
Termination of Reporting Requirements
section 3003 of Pub. L. 104–66section 1113 of Title 31For termination, effective , of provisions in subsec. (k) of this section relating to quadrennially submitting the state of the humanities report to Congress, see , as amended, set out as a note under , Money and Finance, and page 183 of House Document No. 103–7.