Arts and Artifacts Indemnity Act
Public Law 94–158, as amended
Arts and Artifacts Indemnity Act
158
113–235
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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Arts and Artifacts Indemnity Act
242
94
1975-12-20
Arts and Artifacts Indemnity Act
[Public Law 94–158]
[As Amended Through P.L. 113–235, Enacted December 16, 2014]
[Currency: This publication is a compilation of the text of Public Law 94-158. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

AN ACT
To provide indemnities for exhibitions of artistic and humanistic endeavors, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

short title
Section 1.
This Act may be cited as the “Arts and Artifacts Indemnity Act”.
[20 U.S.C. 971]
Enacted Dec. 20, 1975, P.L. 94–158, sec. 1, 89 Stat. 844.

federal council
Sec. 2.
(a)
The Federal Council on the Arts and Humanities (hereinafter in this Act referred to as the “Council”), established under section 9 of the National Foundation on the Arts and the Humanities Act of 1965, is authorized to make agreements to indemnify against loss or damage such items as may be eligible for such indemnity agreements under section 3—
(1)
in accordance with the provisions of this Act; and
(2)
on such terms and conditions as the Council shall prescribe, by regulation, in order to achieve the purposes of this Act and, consistent with such purposes, to protect the financial interest of the United States.
(b)
(1)
For purposes of this Act, the Council shall be an “agency” within the meaning of the appropriate definitions of such term in title 5, United States Code.
(2)
For purposes of this Act, the Secretary of the Smithsonian Institution, the Director of the National Gallery of Art, the member designated by the Chairman of the Senate Commission of1 Art and Antiquities and the member designated by the Speaker of the House of Representatives shall not serve as members of the Council.
^1
So in original. Should be “on”.
[20 U.S.C. 971]
Enacted Dec. 20, 1975, P.L. 94–158, sec. 2, 89 Stat. 844; amended Dec. 20, 1985, P.L. 99–194, sec. 301, 99 Stat. 1345.

eligible items
Sec. 3.
(a)
The Council may make an indemnity agreement under this Act with respect to—
(1)
works of art, including tapestries, paintings, sculpture, folk art, graphics and craft arts;
(2)
manuscripts, rare documents, books, and other printed or published materials;
(3)
other artifacts or objects; and
(4)
photographs, motion pictures, or audio and video tape;
^2
The certification authority of the Secretary of State and the Secretary's designee is now vested in the Director of the United States Information Agency and the Director's designee. See section 7(a)(10) of Reorganization Act No. 2 of 1977 (91 Stat. 1636) and section 303 of the United States Information Agency Authorization Act, Fiscal Years 1982 and 1983 (Public Law 97–241; 96 Stat. 291).
which are (A) of educational, cultural, historical, or scientific value, and (B) in the case of international exhibitions, certified by the Secretary of State2 or his designee as being in the national interest.
(b)
(1)
An indemnity agreement made under this Act shall cover eligible items while on exhibition in the United States or elsewhere preferably when part of an exchange of exhibitions.
(2)
For purposes of this subsection, the term “on exhibition” includes that period of time beginning on the date the eligible items leave the premises of the lender or place designated by the lender and ending on the date such items are returned to the premises of the lender or place designated by the lender.
[20 U.S.C. 972]
Enacted Dec. 20, 1975, P.L. 94–158, sec. 3, 89 Stat. 844; amended Dec. 20, 1985, P.L. 99–194, sec. 302, 99 Stat. 1345.

application
Sec. 4.
(a)
Any person, nonprofit agency, institution, or government desiring to make an indemnity agreement for eligible items under this Act shall make application therefor in accordance with such procedures, in such form, and in such manner as the Council shall, by regulation, prescribe.
(b)
An application under subsection (a) shall—
(1)
describe each item to be covered by the agreement (including an estimated value of such item);
(2)
show evidence that the items are eligible under section 3(a); and
(3)
set forth policies, procedures, techniques, and methods with respect to preparation for, and conduct of, exhibition of the items, and any transportation related to such items.
(c)
Upon receipt of an application under this section, the Council shall, if such application conforms with the requirements of this Act, approve the application and make an indemnity agreement with the applicant. Upon such approval, the agreement shall constitute a contract between the Council and the applicant pledging the full faith and credit of the United States to pay any amount for which the Council becomes liable under such agreement. The Council, for such purpose, is hereby authorized to pledge the full faith and credit of the United States.
[20 U.S.C. 973]
Enacted Dec. 20, 1975, P.L. 94–158, 89 Stat. 845.

indemnity agreement
Sec. 5.
(a)
Upon receipt of an application meeting the requirements of subsections (a) and (b) of section 4, the Council shall review the estimated value of the items for which coverage by an indemnity agreement is sought. If the Council agrees with such estimated value, for the purposes of this Act, the Council shall, after approval of the application as provided in subsection (c) of section 4, make an indemnity agreement.
(b)
The aggregate of loss or damage covered by indemnity agreements made under this Act shall not exceed $15,000,000,000, at any one time for international exhibitions, and $7,500,000,000 at any one time for domestic exhibitions.
(c)
No indemnity agreement for a single exhibition shall cover loss or damage in excess of $1,800,000,000 for international exhibitions, or $1,000,000,000 for domestic exhibitions.
(d)
If the estimated value of the items covered by an indemnity agreement for a single exhibition is—
(1)
$2,000,000 or less, then coverage under this Act shall extend only to loss or damage in excess of the first $15,000 of loss or damage to items covered;
(2)
more than $2,000,000 but less than $10,000,000, then coverage under this Act shall extend only to loss or damage in excess of the first $25,000 of loss or damage to items covered;
(3)
not less than $10,000,000 but less than $125,000,000, then coverage under this Act shall extend to loss or damage in excess of the first $50,000 of loss or damage to items covered;
(4)
not less than $125,000,000 but less than $200,0003, then coverage under this Act shall extend to loss or damage in excess of the first $100,000 of loss or damage to items covered;
^3
Error in amendment made by section 301(b)(2)(C) of Public Law 101–512. Should amend to strike “$200,000” and insert “$200,000,000”.
(5)
not less than $200,000,000 but less than $300,000,000, then coverage under the Act shall extend only to loss or damage in excess of the first $200,000, of loss or damage to items covered;
(6)
not less than $300,000,000 but less than $400,000,000, then coverage under this chapter4 shall extend only to loss or damage in excess of the first $300,000 of loss or damage to items covered;
^4
So in original. Probably should be “Act”.
(7)
not less than $400,000,000 but less than $500,000,000, then coverage under this chapter4 shall extend only to loss or damage in excess of the first $400,000 of loss or damage to items covered; or
(8)
$500,000,000 or more, then coverage under this chapter4 shall extend only to loss or damage in excess of the first $500,000 of loss or damage to items covered.
[20 U.S.C. 974]
Enacted Dec. 20, 1975, P.L. 94–158, sec. 5, 89 Stat. 845; amended Dec. 4, 1980, P.L. 96–496, secs. 301, 302, 94 Stat. 2593; amended Dec. 20, 1985, P.L. 99–194, sec. 303, 99 Stat. 1345; amended Dec. 22, 1987, P.L. 100–202, sec. 101, 101 Stat. 13329–213,1329–2219; amended Nov. 5, 1990, P.L. 101–512, sec. 301, 104 Stat. 1976; amended Oct. 10, 1998, P.L. 105–277, sec. 333, 112 Stat. 2681–294; amended Sept. 25, 2003, P.L. 108–81, sec. 501, 117 Stat. 1003; amended Dec. 16, 2014, division F of P.L. 113–235, sec. 416, 128 Stat. 2448.

regulations
Sec. 6.
(a)
The Council shall prescribe regulations providing for prompt adjustment of valid claims for losses which are covered by an agreement made pursuant to section 5, including provision for arbitration of issues relating to the dollar value of damages involving less than total loss or destruction of such covered objects.
(b)
In the case of a claim of loss with respect to an item which is covered by an agreement made pursuant to section 5, the Council shall certify the validity of the claim and the amount of the loss to the Speaker of the House of Representatives and the President pro tempore of the Senate.
[20 U.S.C. 975]
Enacted Dec. 20, 1975, P.L. 94–158, sec. 6, 89 Stat. 845.

authorization of appropriations
Sec. 7.
There are hereby authorized to be appropriated such sums as may be necessary (1) to enable the Council to carry out its functions under this Act, and (2) to pay claims certified pursuant to section 6(b).
[20 U.S.C. 976]
Enacted Dec. 20, 1978, P.L. 94–158, sec. 7, 89 Stat. 846.

report
Sec. 8.
The Council shall report annually to the Congress (1) all claims actually paid pursuant to this Act during the preceding fiscal year, (2) pending claims against the Council under this Act as of the close of that fiscal year, and (3) the aggregate face value of contracts entered into by the Council which are outstanding at the close of that fiscal year.
[20 U.S.C. 977]
Enacted Dec. 20, 1975, P.L. 94–158, sec. 8, 89 Stat. 846.

effective date
Sec. 9.
This Act shall become effective 30 days after the date of the enactment of this Act.
[20 U.S.C. 971, note]
Enacted Dec. 20, 1975, P.L. 94–158, sec. 9, 89 Stat. 846.