1. U.S. Code
  2. title 20
  3. chapter 26A
  4. § 975

Collapse to view only § 975. Claims for losses

§ 971. Agreements to indemnify against loss or damage
(a) Authorization of Federal Council on the Arts and Humanities
The Federal Council on the Arts and Humanities (hereinafter in this chapter referred to as the “Council”), established under section 958 of this title, is authorized to make agreements to indemnify against loss or damage such items as may be eligible for such indemnity agreements under section 972 of this title—
(1) in accordance with the provisions of this chapter; and
(2) on such terms and conditions as the Council shall prescribe, by regulation, in order to achieve the purposes of this chapter and, consistent with such purposes, to protect the financial interest of the United States.
(b) Council as “agency”
(1) For purposes of this chapter, the Council shall be an “agency” within the meaning of the appropriate definitions of such term in title 5.
(2) For purposes of this chapter, the Secretary of the Smithsonian Institution, the Director of the National Gallery of Art, the member designated by the Chairman of the Senate Commission of Art and Antiquities and the member designated by the Speaker of the House of Representatives shall not serve as members of the Council.
(Pub. L. 94–158, § 2, Dec. 20, 1975, 89 Stat. 844; Pub. L. 99–194, title III, § 301, Dec. 20, 1985, 99 Stat. 1345.)

CITE AS: 20 USC 971

§ 972. Items eligible for indemnity agreements
(a) Works of art; printed or published materials; other artifacts or objects; photographs, motion pictures, or tapes
The Council may make an indemnity agreement under this chapter 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;
which are (A) of educational, cultural, historical, or scientific value, and (B) in the case of international exhibitions, certified by the Secretary of State or his designee as being in the national interest.
(b) Extension of coverage; “on exhibition” defined
(1) An indemnity agreement made under this chapter 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.
(Pub. L. 94–158, § 3, Dec. 20, 1975, 89 Stat. 844; Pub. L. 99–194, title III, § 302(a), Dec. 20, 1985, 99 Stat. 1345; Pub. L. 110–161, div. F, title IV, § 426(1), Dec. 26, 2007, 121 Stat. 2151.)

CITE AS: 20 USC 972

§ 973. Application for indemnity agreements
(a) Parties
(b) Contents
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 972(a) of this title; 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) Approval
(Pub. L. 94–158, § 4, Dec. 20, 1975, 89 Stat. 845.)

CITE AS: 20 USC 973

§ 974. Indemnity limits
(a) Approval of estimated values
(b) Maximum limits of coverage
(c) Limit for single exhibition
(d) Deductible limit
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 chapter 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 chapter 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 chapter 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 $200,000,1
1 So in original. Probably should be “$200,000,000,”.
then coverage under this chapter shall extend to loss or damage in excess of the first $100,000 of loss or damage to items covered;
(5) not less than $200,000,000 but less than $300,000,000, then coverage under the 2
2 So in original. Probably should be “this”.
chapter 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 chapter shall extend only to loss or damage in excess of the first $300,000 of loss or damage to items covered;
(7) not less than $400,000,000 but less than $500,000,000, then coverage under this chapter 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 chapter shall extend only to loss or damage in excess of the first $500,000 of loss or damage to items covered.
(Pub. L. 94–158, § 5, Dec. 20, 1975, 89 Stat. 845; Pub. L. 96–496, title III, §§ 301, 302, Dec. 4, 1980, 94 Stat. 2593; Pub. L. 99–194, title III, § 303, Dec. 20, 1985, 99 Stat. 1345; Pub. L. 100–202, § 101(g) [title II, § 201], Dec. 22, 1987, 101 Stat. 1329–213, 1329–249; Pub. L. 101–512, title III, § 318 [title III, § 301], Nov. 5, 1990, 104 Stat. 1960, 1976; Pub. L. 105–277, div. A, § 101(e) [title III, § 333], Oct. 21, 1998, 112 Stat. 2681–231, 2681–294; Pub. L. 108–81, title V, § 501, Sept. 25, 2003, 117 Stat. 1003; Pub. L. 109–54, title IV, § 427, Aug. 2, 2005, 119 Stat. 555; Pub. L. 110–161, div. F, title IV, § 426(2), (3), Dec. 26, 2007, 121 Stat. 2151; Pub. L. 113–235, div. F, title IV, § 416, Dec. 16, 2014, 128 Stat. 2448.)

CITE AS: 20 USC 974

§ 975. Claims for losses
(a) Regulations for prompt adjustment
(b) Certification
(Pub. L. 94–158, § 6, Dec. 20, 1975, 89 Stat. 845.)

CITE AS: 20 USC 975

§ 976. Authorization of appropriations

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 chapter, and (2) to pay claims certified pursuant to section 975(b) of this title.

(Pub. L. 94–158, § 7, Dec. 20, 1975, 89 Stat. 846.)

CITE AS: 20 USC 976

§ 977. Omitted

CITE AS: 20 USC 977