[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1045 Introduced in Senate (IS)]

  1st Session
                                S. 1045

To amend the National Foundation on the Arts and the Humanities Act of 
1965, the Museum Services Act, and the Arts and Artifacts Indemnity Act 
to privatize the National Foundation on the Arts and the Humanities and 
     to transfer certain related functions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 17 (legislative day, July 10), 1995

Mr. Abraham (for himself and Mr. Coats) introduced the following bill; 
 which was read twice and referred to the Committee on Labor and Human 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To amend the National Foundation on the Arts and the Humanities Act of 
1965, the Museum Services Act, and the Arts and Artifacts Indemnity Act 
to privatize the National Foundation on the Arts and the Humanities and 
     to transfer certain related functions, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``The National Foundation on the Arts 
and Humanities Privatization Act of 1995''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    (a) National Endowment for the Arts.--Section 11 of the National 
Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960) 
is amended to read as follows:

``SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--
            ``(1) Total authorization.--There are authorized to be 
        appropriated to carry out the activities of the National 
        Endowment for the Arts under this Act, or to administer any 
        other program for which the Chairperson of the National 
        Endowment for the Arts is responsible--
                    ``(A) $133,920,000 for fiscal year 1996;
                    ``(B) $100,440,000 for fiscal year 1997;
                    ``(C) $66,960,000 for fiscal year 1998; and
                    ``(D) $33,480,000 for fiscal year 1999.
            ``(2) Fundraising.--From the amounts appropriated under 
        paragraph (1), the following amounts shall be reserved to 
        support private fundraising activities for the National 
        Endowment for the Arts:
                    ``(A) For fiscal year 1996, $3,348,000.
                    ``(B) For fiscal year 1997, $6,960,000.
                    ``(C) For fiscal year 1998, $10,044,000.
                    ``(D) For fiscal year 1999, $13,392,000.
            ``(3) Administration.--Not to exceed 12 percent of the 
        amounts remaining for a fiscal year under paragraph (1), after 
        amounts are reserved under paragraph (2), shall be reserved to 
        administer the provisions of this Act, or any other program, 
        for which the Chairperson of the National Endowment for the 
        Arts is responsible.
            ``(4) Sums remaining available.--Sums appropriated pursuant 
        to paragraph (1) for any fiscal year shall remain available for 
        obligation until expended.
    ``(b) National Endowment for the Humanities.--
            ``(1) Total authorization.--There are authorized to be 
        appropriated to carry out the activities of the National 
        Endowment for the Humanities under this Act, or to administer 
        any other program for which the Chairperson of the National 
        Endowment for the Humanities is responsible--
                    ``(A) $141,600,000 for fiscal year 1996;
                    ``(B) $106,200,000 for fiscal year 1997;
                    ``(C) $70,800,000 for fiscal year 1998; and
                    ``(D) $35,400,000 for fiscal year 1999.
            ``(2) Fundraising.--From the amounts appropriated under 
        paragraph (1), the following amounts shall be reserved to 
        support private fundraising activities for the National 
        Endowment for the Humanities:
                    ``(A) For fiscal year 1996, $3,540,000.
                    ``(B) For fiscal year 1997, $7,080,000.
                    ``(C) For fiscal year 1998, $10,620,000.
                    ``(D) For fiscal year 1999, $14,160,000.
            ``(3) Administration.--Not to exceed 12 percent of the 
        amounts remaining for a fiscal year under paragraph (1), after 
        amounts are reserved under paragraph (2), shall be reserved to 
        administer the provisions of this Act, or any other program, 
        for which the Chairperson of the National Endowment for the 
        Humanities is responsible.
            ``(4) Sums remaining available.--Sums appropriated pursuant 
        to paragraph (1) for any fiscal year shall remain available for 
        obligation until expended.''.
    (b) Conforming Amendments.--
            (1) National council on the arts.--Section 6(f) of the 
        National Foundation on the Arts and the Humanities Act of 1965 
        (20 U.S.C. 955(f)) is amended in the fifth sentence by striking 
        ``10 per centum of the sums appropriated for that fiscal year 
        pursuant to subparagraph (A) of paragraph (1) of section 
        11(a)'' and inserting ``10 percent of the amount made available 
        for that fiscal year pursuant to paragraph (1) of section 11(a) 
        and remaining after amounts are reserved under paragraphs (2) 
        and (3) of such section''.
            (2) National endowment for the humanities.--Section 
        7(h)(2)(B) of the National Foundation on the Arts and the 
        Humanities Act of 1965 (20 U.S.C. 956(h)(2)(B)) is amended by 
        striking ``or from Federal sources other than funds authorized 
        by section 11(a)(3)''.
            (3) National council on the humanities.--Section 8(f) of 
        the National Foundation on the Arts and the Humanities Act of 
        1965 (20 U.S.C. 957(f)) is amended in the last sentence by 
        striking ``10 per centum of the sums appropriated for that 
        fiscal year pursuant to subparagraph (B) of paragraph (1) of 
        section 11(a)'' and inserting ``10 percent of the amount made 
        available for that fiscal year pursuant to paragraph (1) of 
        section 11(b) and remaining after amounts are reserved under 
        paragraphs (2) and (3) of such section''.
SEC. 3. REPEAL OF THE NATIONAL FOUNDATION ON THE ARTS AND THE 
              HUMANITIES ACT OF 1965.

    (a) In General.--The National Foundation on the Arts and the 
Humanities Act of 1965 (20 U.S.C. 951 et seq.), as amended by section 
2, is repealed.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on September 30, 1999.
    (c) Conforming Amendments.--
            (1) Museums and arts and artifacts.--
                    (A) Museum services act.--
                            (i) Establishment.--Section 203 of the 
                        Museum Services Act (20 U.S.C. 962) is amended 
                        by striking ``within the National Foundation on 
                        the Arts and the Humanities,''.
                            (ii) Board members.--Section 204(a)(2)(A) 
                        of the Museum Services Act (20 U.S.C. 
                        963(a)(2)(A)) is amended--
                                    (I) by striking clauses (i) and 
                                (ii); and
                                    (II) by redesignating clauses (iii) 
                                and (iv) as clauses (i) and (ii), 
                                respectively.
                            (iii) Director of the institute.--Section 
                        205(b) of the Museum Services Act (20 U.S.C. 
                        964(b)) is amended by striking ``the National 
                        Endowment for the Arts, the National Endowment 
                        for the Humanities,''.
                    (B) Arts and artifacts indemnity act.--
                            (i) In general.--Section 2 of the Arts and 
                        Artifacts Indemnity Act (20 U.S.C. 971) is 
                        amended--
                                    (I) by striking the section heading 
                                and inserting ``indemnity for 
                                exhibitions of arts and artifacts'';
                                    (II) in subsection (a), by striking 
                                ``The Federal Council'' and all that 
                                follows through ``is authorized'' and 
                                inserting ``The Program Director for 
                                Arts and Artifacts (referred to in this 
                                Act as the `Program Director') is 
                                authorized''; and
                                    (III) by striking subsection (b).
                            (ii) Program director.--The Arts and 
                        Artifacts Indemnity Act (20 U.S.C. 975 et 
                        seq.), as amended by clause (i), is amended by 
                        striking ``Council'' each place such term 
                        appears and inserting ``Program Director''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on September 30, 1998.
    (d) Additional Conforming Amendments.--
            (1) Recommended legislation.--The Chairperson of the 
        National Endowment for the Arts, the Chairperson of the 
        National Endowment for the Humanities, and the Director of the 
        Institute of Museum Services shall jointly prepare and submit 
        to Congress recommended legislation containing technical and 
        conforming amendments to reflect the changes made by this 
        section.
            (2) Submission to congress.--Not later than 1 year after 
        the date of enactment of this Act, the Chairpersons and the 
        Director described in paragraph (1) shall submit the 
        recommended legislation referred to under such paragraph.

SEC. 4. TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS.

    (a) Definitions.--For purposes of this section, unless otherwise 
provided or indicated by the context--
            (1) the term ``Council'' means the Federal Council on the 
        Arts and Humanities established under section 9 of the National 
        Foundation on the Arts and the Humanities Act of 1965 (20 
        U.S.C. 958);
            (2) the term ``Director'', without further modification, 
        means the Director of the Institute of Museum Services;
            (3) the term ``Federal agency'' has the meaning given to 
        the term ``agency'' by section 551(1) of title 5, United States 
        Code;
            (4) the term ``function'' means any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program;
            (5) the term ``office'' includes any office, 
        administration, agency, institute, unit, organizational entity, 
        or component thereof; and
            (6) the term ``Program Director'' means the Program 
        Director for Arts and Artifacts of the Institute of Museum 
        Services.
    (b) Transfer of Functions.--There are transferred to the Institute 
of Museum Services established under section 203 of the Museum Services 
Act (20 U.S.C. 962) all functions that the Council exercised before the 
effective date of this section (including all related functions of any 
officer or employee of the Council) relating
 to any action carried out under the Arts and Artifacts Indemnity Act 
(20 U.S.C. 971 et seq.)
    (c) Determinations of Certain Functions by the Office of Management 
and Budget.--If necessary, the Office of Management and Budget shall 
make any determination of the functions that are transferred under 
subsection (b).
    (d) Delegation and Assignment.--Except where otherwise expressly 
prohibited by law or otherwise provided by this section, the Director 
may delegate any of the functions transferred to the Institute of 
Museum Services by this section and any function transferred or granted 
to such Institute of Museum Services after the effective date of this 
section to such officers and employees of the Institute of Museum 
Services as the Director may designate, and may authorize successive 
redelegations of such functions as may be necessary or appropriate. No 
delegation of functions by the Director under this section or under any 
other provision of this section shall relieve such Director of 
responsibility for the administration of such functions.
    (e) Reorganization.--The Director may allocate or reallocate any 
function transferred under subsection (b) among the officers of the 
Institute of Museum Services, and may establish, consolidate, alter, or 
discontinue such organizational entities in the Institute of Museum 
Services as may be necessary or appropriate.
    (f) Rules.--The Director, acting through the Program Director, may 
prescribe, in accordance with chapters 5 and 6 of title 5, United 
States Code, such rules and regulations as the Director determines to 
be necessary or appropriate to administer and manage the functions 
transferred by this section.
    (g) Transfer and Allocations of Appropriations and Personnel.--
Except as otherwise provided in this section, the personnel employed in 
connection with, and the assets, liabilities, contracts, property, 
records, and unexpended balances of appropriations, authorizations, 
allocations, and other funds employed, used, held, arising from, 
available to, or to be made available in connection with, the functions 
transferred by this section, subject to section 1531 of title 31, 
United States Code, shall be transferred to the Institute of Museum 
Services. Unexpended funds transferred pursuant to this subsection 
shall be used only for the purposes for which the funds were originally 
authorized and appropriated.
    (h) Incidental Transfers.--The Director of the Office of Management 
and Budget, at such time or times as such Director shall provide, may 
make such determinations as may be necessary with regard to the 
functions transferred by this section, and make such additional 
incidental dispositions of personnel, assets, liabilities, grants, 
contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds held, 
used, arising from, available to, or to be made available in connection 
with such functions, as may be necessary to carry out this section. The 
Director of the Office of Management and Budget shall provide for the 
termination of the affairs of all entities terminated by this section 
and for such further measures and dispositions as may be necessary to 
effectuate the purposes of this section.
    (i) Effect on Personnel.--
            (1) Termination of certain positions.--Positions whose 
        incumbents are appointed by the President, by and with the 
        advice and consent of the Senate, the functions of which are 
        transferred by this section, shall terminate on the effective 
        date of this section.
            (2) Actions.--Subject to subsection (k), the Director shall 
        take such actions as may be necessary, including reduction in 
        force actions, consistent with sections 3502 and 3595 of title 
        5, United States Code, to ensure that the positions of 
        personnel transferred pursuant to this section are separated 
        from service.
    (j) Savings Provisions.--
            (1) Continuing effect of legal documents.--All orders, 
        determinations, rules, regulations, permits, agreements, 
        grants, contracts, certificates, licenses, registrations, 
        privileges, and other administrative actions--
                    (A) that have been issued, made, granted, or 
                allowed to become effective by the President, any 
                Federal agency or official of a Federal agency, or by a 
                court of competent jurisdiction, in the performance of 
                functions that are transferred under this section; and
                    (B) that were in effect before the effective date 
                of this section, or were final before the effective 
                date of this section and are to become effective on or 
                after the effective date of this section;
        shall continue in effect according to their terms until 
        modified, terminated, superseded, set aside, or revoked in 
        accordance with law by the President, the Director, acting 
        through the Program Director, or other authorized official, a 
        court of competent jurisdiction, or by operation of law.
            (2) Proceedings not affected.--
                    (A) In general.--This section shall not affect any 
                proceedings, including notices of proposed rulemaking, 
                or any application for any license, permit, 
                certificate, or financial assistance pending before the 
                Council on the effective date of this section, with 
                respect to functions transferred by this section.
                    (B) Continuation.--Such proceedings and 
                applications shall be continued. Orders shall be issued 
                in such proceedings, appeals shall be taken from the 
                orders, and payments shall be made pursuant to the 
                orders, as if this section had not been enacted, and 
                orders issued in any such proceedings shall continue in 
                effect until modified, terminated, superseded, or 
                revoked by a duly authorized official, by a court of 
                competent jurisdiction, or by operation of law.
                    (C) Construction.--Nothing in this paragraph shall 
                be construed to prohibit the discontinuance or 
                modification of any such proceeding under the same 
                terms and conditions and to the same extent that such 
                proceeding could have been discontinued or modified if 
                this section had not been enacted.
            (3) Suits not affected.--This section shall not affect 
        suits commenced before the effective date of this section, and 
        in all such suits, proceedings shall be had, appeals taken, and 
        judgments rendered in the same manner and with the same effect 
        as if this section had not been enacted.
            (4) Nonabatement of actions.--No suit, action, or other 
        proceeding commenced by or against the Council, or by or 
        against any individual in the official capacity of such 
        individual as an officer of the Council, shall abate by reason 
        of the enactment of this section.
            (5) Administrative actions relating to promulgation of 
        regulations.--Any administrative action relating to the 
        preparation or promulgation of a regulation by the Council 
        relating to a function transferred under this section may be 
        continued by the Institute of Museum Services with the same 
        effect as if this section had not been enacted.
    (k) Transition.--The Director, acting through the Program Director, 
may utilize--
            (1) the services of such officers, employees, and other 
        personnel of the Council with respect to functions transferred 
        to the Institute of Museum Services by this section; and
            (2) funds appropriated to such functions;
for such period of time as may reasonably be needed to facilitate the 
orderly implementation of this section.
    (l) References.--A reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or relating to the Council with regard to functions transferred under 
subsection (b), shall be deemed to refer to the Director, acting 
through the Program Director.
    (m) Additional Conforming Amendments.--
            (1) Recommended legislation.--After consultation with the 
        appropriate committees of Congress and the Director of the 
        Office of Management and Budget, the Director, acting through 
        the Program Director, shall prepare and submit to Congress 
        recommended legislation containing technical and conforming 
        amendments to reflect the changes made by this section.
            (2) Submission to congress.--Not later than 6 months after 
        the effective date of this section, the Director shall submit 
        the recommended legislation referred to under paragraph (1).
    (n) Effective Date.--This section shall take effect on September 
30, 1998.

SEC. 5. APPOINTMENT OF A PROGRAM DIRECTOR TO THE INSTITUTE OF MUSEUM 
              AND LIBRARY SERVICES.

    (a) In General.--The Museum Services Act (20 U.S.C. 961 et seq.) is 
amended by inserting after section 205 the following new section:

``SEC. 205A. PROGRAM DIRECTOR FOR ARTS AND ARTIFACTS.

    ``(a) In General.--Not later than September 30, 1998, the President 
shall, by and with the advice and consent of the Senate, appoint a 
Program Director for Arts and Artifacts to the Institute of Museum 
Services to carry out the functions described in the Art and Artifacts 
Indemnity Act (20 U.S.C. 971 et seq.).
    ``(b) Compensation.--The position of Program Director for Arts and 
Artifacts shall be a Senior Executive Service position, which shall be 
paid at a rate of pay for a position at ES-1 of the Senior Executive 
Service Schedule.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on September 30, 1998.
SEC. 6. SENSE OF THE SENATE REGARDING ADDITIONAL TAX INCENTIVES FOR 
              CHARITABLE DONATIONS.

    It is the sense of the Senate that additional tax incentives for 
charitable donations should be provided, such as tax deductions for 
nonitemizers, the elimination of the cap on charitable deductions, and 
a specific tax credit for donations to the newly constituted national 
organization.
                                 <all>
S 1045 IS----2