[Congressional Record Volume 143, Number 122 (Monday, September 15, 1997)]
[Senate]
[Pages S9347-S9350]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  1998

                                 ______
                                 

                      BROWNBACK AMENDMENT NO. 1185

  (Ordered to lie on the table.)
  Mr. BROWNBACK submitted an amendment intended to be proposed by him 
to the bill, H.R. 2107, supra; as follows:

       At the appropriate place in title I, insert the following:
       ``Sec. 1  . (a) In this section--
       (1) the term ``Huron Cemetery'' means the lands that form 
     the cemetery that is popularly known as the Huron Cemetery, 
     located in Kansas City, Kansas, as described in subsection 
     (b)(4);
       (2) the term ``Secretary'' means the Secretary of the 
     Interior; and
       (3) the term ``Wyandot Nation'' means the nation of the 
     Wyandot Indians that consists of the descendants of the 
     Wyandott nation described in the treaty between the United 
     States and the Wyandott Indians, done at Washington on 
     January 31, 1855 (10 Stat. 1159 et seq.), and includes--
       (A) the Wyandot Nation of Kansas, Inc.; and
       (B) the Wyandotte Tribe of Oklahoma.
       (b)(1) Subject to subsection (c), the Secretary shall take 
     such action as may be necessary to ensure that the lands 
     comprising the Huron Cemetery (as described in paragraph (4)) 
     are held in trust for the Wyandot Nation to be used only for 
     a burial ground for the Wyandot Nation in accordance with 
     this subsection.
       (2) Subject to subsection (c), the Secretary shall take 
     such action as may be necessary to ensure that the lands of 
     the Huron Cemetery are used only--
       (A) for religious and cultural uses of the Wyandot Nation 
     that are compatible with the use of the lands as a cemetery; 
     and
       (B) as a burial ground for members of the Wyandot Nation.
       In carrying out this subsection, the Secretary shall take 
     such action as may be necessary to ensure that members of the 
     Wyandot Nation of Kansas, Inc. may use the Huron Cemetery for 
     the purposes specified in paragraph (2) on the condition that 
     if space is available in the Huron Cemetery, no member of the 
     Wyandotte Tribe of Oklahoma may be denied the right to be 
     buried in that cemetery.
       (4) The description of the lands of the Huron Cemetery is 
     as follows:
       The tract of land in the NW \1/4\ of sec. 10, T. 11 S., R. 
     25 E., of the sixth principal meridian, in Wyandotte County, 
     Kansas (as surveyed and marked on the ground on August 15, 
     1888, by William Millor, Civil Engineer and Surveyor), 
     described as follows:
       ``Commencing on the Northwest corner of the Northwest 
     Quarter of the Northwest Quarter of said Section 10;
       ``Thence South 28 poles to the `true point of beginning';
       ``Thence South 71 degrees East 10 poles and 18 links;
       ``Thence South 18 degrees and 30 minutes West 28 poles;
       ``Thence West 11 and one-half poles;
       ``Thence North 19 degrees 15 minutes East 31 poles and 15 
     feet to the `true point of beginning', containing 2 acres or 
     more.''.
       (c) Nothing is this section is intended to modify or 
     supersede the agreement that the United States entered into 
     on March 20, 1918, with the City of Kansas City, Kansas, for 
     the maintenance of the Huron Cemetery.
                                 ______
                                 

                      HUTCHISON AMENDMENT NO. 1186

  (Ordered to lie on the table.)
  Mrs. HUTCHISON submitted an amendment intended to be proposed by her 
to the bill, H.R. 2107, supra; as follows:

       Beginning on page 96, strike line 14 and all that follows 
     through line 8 on page 97, and insert the following:
       (a) Funding.--For necessary expenses of the National 
     Endowment for the Arts, $100,060,000 to be used in accordance 
     with this section.
       (b) Use of Funds.--
       (1) In general.--Of the amount appropriated under 
     subsection (a), the Chairman of the National Endowment for 
     the Arts shall use--
       (A) not less than 75 percent of such amount to make block 
     grants to State under subsection (c);
       (B) not less than 20 percent of such amount to make grants 
     to national groups or institutions under subsection (d); and
       (C) not more than 5 percent for the administrative costs of 
     carrying out this section, including any costs associated 
     with the reduction in the operations of the National 
     Endowment for the Arts.
       (2) Limitation on administrative costs.--With respect to 
     the budget authority provided for in this section, not more 
     than $1,525,915 shall be available for obligation with 
     respect to the administrative costs described in paragraph 
     (1)(C) prior to September 30, 1998.
       (c) Block Grants to States or Territories.--
       (1) In general.--The Secretary shall award block grants to 
     States under this subsection to support the arts.
       (2) Eligibility.--To be eligible to receive a grant under 
     this subsection, a State or Territory shall prepare and 
     submit to the Chairman an application, at such time, in such 
     manner, and containing such information as the Chairman may 
     require, including an assurance that no funds received under 
     the grant will be used to fund programs that are determined 
     to be obscene.
       (3) Amount of grant.--
       (A) In general.--Of the amount available for grants under 
     this subsection, the Chairman shall allot to each State 
     (including the District of Columbia) or Territory an amount 
     equal to--
       (i) with respect to a State, the amount under subparagraph 
     (B); and
       (ii) with respect to a territory, the amount determined 
     under subparagraph (C).
       (B) Formula.--The amount determined under this subparagraph 
     with respect to a State (or the District of Columbia) shall 
     be equal to--
       (i) subject to subparagraph (D), the aggregate of the 
     amounts provided by the National Endowment for the Arts to 
     the State (or District), and the groups and institutions in 
     the State (or District), in fiscal year 1997; and
       (ii) an amount that bears the same relationship to the 
     amounts remaining available for allotment for the fiscal year 
     involved after the amounts are determined under clause (i), 
     as the percentage of the population of the State (or 
     District) bears to the total population of all States and the 
     District.
       (C) Territories.--The amount determined under this 
     subparagraph with respect to a territory shall be equal to 
     the aggregate of the amounts provided by the National 
     Endowment for the Arts to the territory, and the groups and 
     institutions in the territory, in fiscal year 1997.
       (D) Limitation.--Notwithstanding the formula described in 
     subparagraph (B), the allotment for a State (or the District 
     of Columbia) under clause (i) of such subparagraph shall not 
     exceed an amount equal to 6.6 percent of the total amount 
     provided by the National Endowment for the Arts to States and 
     the District of Columbia in fiscal year 1997.
       (4) Limitation on obligation of funds.--With respect to the 
     budget authority provided for in this section, not more than 
     $22,888,725 shall be available for obligation with respect to 
     block grants under this subsection prior to September 30, 
     1998.
       (5) Use of funds.--
       (A) In general.--A State or territory shall use funds 
     provided under a grant under this subsection to carry out 
     activities to support the arts in the State or territory.
       (B) Endowment incentive.--A State or territory may use not 
     to exceed 25 percent of the funds provided under a grant 
     under this subsection to establish a permanent arts endowment 
     in the State or territory. A State or territory that uses 
     funds under this subparagraph to establish a State endowment 
     shall contribute non-Federal funds to such endowment in an 
     amount equal to not less than the amount of Federal funds 
     provided to the endowment.
       (C) Limitation.--A State (or territory) may not use in 
     excess of 15 percent of the amount received under this 
     section in any fiscal year for administrative purposes.
       (d) National Grants.--
       (1) In general.--The Secretary shall award grants to 
     nationally prominent groups or institutions under this 
     subsection to support the arts.
       (2) Eligibility.--To be eligible to receive a grant under 
     this subsection, an entity shall

[[Page S9348]]

     prepare and submit to the Chairman an application, at such 
     time, in such manner, and containing such information as the 
     Chairman may require, including an assurance that no funds 
     received under this subsection will be used--
       (A) to fund programs that are determined to be obscene;
       (B) for seasonal grants; or
       (C) for subgrants.
       (3) Limitation on amount of grant.--The amount of a grant 
     awarded to any group or institution to carry out a project 
     under this section shall not exceed--
       (A) with respect to a group or institution with an annual 
     budget of not to exceed $3,000,000, an amount equal to not 
     more than 33.5 percent of the total project cost; and
       (B) with respect to a group or institution with an annual 
     budget of not less than $3,000,000, an amount equal to not 
     more than 20 percent of the total project cost.
       (4) Limitation on obligation of funds.--With respect to the 
     budget authority provided for in this section, not more than 
     $6,103,660 shall be available for obligation with respect to 
     grants under this subsection prior to September 30, 1998.
       (e) Application of Section.--Notwithstanding any other 
     provision of law, this section shall apply with respect to 
     grants and contracts awarded by the National Endowment for 
     the Arts in lieu of the provisions of sections 5 and 5A of 
     the National Foundation on the Arts and the Humanities Act of 
     1965 (20 U.S.C. 954 and 954a).
       (f) Offset.--Each amount of budget authority for the fiscal 
     year ending September 30, 1998, provided in this Act, for 
     payments not required by law is hereby reduced by .11 
     percent. Such reductions shall be applied ratably to each 
     account, program, activity, and project provided for in this 
     Act.
                                 ______
                                 

               HUTCHINSON (AND OTHERS) AMENDMENT NO. 1187

  (Ordered to lie on the table.)
  Mr. HUTCHINSON (for himself, Mr. Sessions, Mr. Abraham, and Mr. Enzi) 
submitted an amendment intended to be proposed by them to the bill, 
H.R. 2107, supra; as follows:

       On page 96, line 12, strike all after ``National'' through 
     page 97, line 8, and insert the following:

                          Support for the Arts


           Financial Assistance to States To Support the Arts

       For the necessary expenses to carry out section 202 of this 
     Act, $100,060,000, of which $33,060,000 shall be available on 
     October 1, 1997, and $67,000,000 shall be available on 
     September 30, 1998: Provided, That each amount of budget 
     authority for the fiscal year ending September 30, 1998, 
     provided in this Act (other than section 202), for payments 
     not required by law is hereby reduced by 0.11 percent: 
     Provided further, That such reductions shall be applied 
     ratably to each account, program, activity, and project 
     provided for in this Act.

                           General Provisions


           termination of the national endowment for the arts

       Sec. 201. (a) Repealers.--Sections 5, 5A, and 6 of the 
     National Foundation on the Arts and the Humanities Act of 
     1965 (20 U.S.C. 954, 954a, 955) are repealed.
       (b) Conforming Amendments.--
       (1) Declaration of purpose.--Section 2 of the National 
     Foundation on the Arts and the Humanities Act of 1965 (20 
     U.S.C. 951) is amended--
       (A) in paragraphs (1) and (6) by striking ``arts and the'',
       (B) in paragraphs (2) and (5) by striking ``and the arts'',
       (C) in paragraphs (4), (5), and (9) by striking ``the arts 
     and'',
       (D) in paragraph (7) by striking ``the practice of art 
     and'',
       (E) by striking paragraph (11), and
       (F) in paragraph (12) by striking ``the Arts and'' and 
     redesignating such paragraph as paragraph (11).
       (2) Definitions.--Section 3 of the National Foundation on 
     the Arts and the Humanities Act of 1965 (20 U.S.C. 952) is 
     amended--
       (A) by striking subsections (b), (c), and (f), and
       (B) in subsection (d)--
       (i) by striking ``to foster American artistic creativity, 
     to commission works of art,'',
       (ii) in paragraph (1)--

       (I) by striking ``the National Council on the Arts or'', 
     and
       (II) by striking ``, as the case may be,'',

       (iii) in paragraph (2)--

       (I) by striking ``sections 5(l) and'' and inserting 
     ``section'',
       (II) in subparagraph (A) by striking ``an artistic or'' and 
     inserting ``a'', and
       (III) in subparagraph (B)--

       (aa) by striking ``the National Council on the Arts and'', 
     and
       (bb) by striking ``, as the case may be,'', and
       (iv) by striking ``(d)'' and inserting ``(b)'', and
       (C) by redesignating subsections (e) and (g) as subsections 
     (c) and (d), respectively.
       (3) Establishment of national foundation on the arts and 
     humanities.--Section 4(a) of the National Foundation on the 
     Arts and the Humanities Act of 1965 (20 U.S.C. 953(a)) is 
     amended--
       (A) in subsection (a)--
       (i) by striking ``the Arts and'' each place it appears, and
       (ii) by striking ``a National Endowment for the Arts,'',
       (B) in subsection (b) by striking ``and the arts'', and
       (C) in the heading of such section by striking ``the arts 
     and''.
       (4) Federal council on the arts and the humanities.--
     Section 9 of the National Foundation on the Arts and the 
     Humanities Act of 1965 (20 U.S.C. 958) is amended--
       (A) in subsection (a) by striking ``the Arts and'',
       (B) in subsection (b) by striking ``the Chairperson of the 
     National Endowment for the Arts,'',
       (C) in subsection (c)--
       (i) in paragraph (1) by striking ``the Chairperson of the 
     National Endowment for the Arts and'',
       (ii) in paragraph (3)--

       (I) by striking ``the National Endowment for the Arts'', 
     and
       (II) by striking ``Humanities,'' and inserting 
     ``Humanities'', and

       (iii) in paragraphs (6) and (7) by striking ``the arts 
     and'', and
       (D) in the heading of such section by striking ``the arts 
     and''.
       (5) Administrative functions.--Section 10 of the National 
     Foundation on the Arts and the Humanities Act of 1965 (20 
     U.S.C. 959) is amended--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1)--

       (I) by striking ``in them'',
       (II) by striking ``the Chairperson of the National 
     Endowment for the Arts and'', and
       (III) by striking ``, in carrying out their respective 
     functions,'',

       (ii) by striking ``of an Endowment'' each place it appears,
       (iii) in paragraph (2)--

       (I) by striking ``of that Endowment'' the first place it 
     appears and inserting ``the National Endowment for the 
     Humanities'',
       (II) by striking ``sections 6(f) and'' and inserting 
     ``section'', and
       (III) by striking ``sections 5(c) and'' and inserting 
     ``section'', and

       (iv) in paragraph (3) by striking ``Chairperson's 
     functions, define their duties, and supervise their 
     activities'' and inserting ``functions, define the 
     activities, and supervise the activities of the 
     Chairperson'',
       (B) in subsection (b)--
       (i) by striking paragraphs (1), (2), and (3), and
       (ii) in paragraph (4)--

       (I) by striking ``one of its Endowments and received by the 
     Chairperson of an Endowment'' and inserting ``the National 
     Endowment for the Humanities and received by the Chairperson 
     of that Endowment'', and
       (II) by striking ``(4)'',

       (C) by striking subsection (c),
       (D) in subsection (d)--
       (i) by striking ``Chairperson of the National Endowment for 
     the Arts and the'', and
       (ii) by striking ``each'' the first place it appears,
       (E) in subsection (e)--
       (i) by striking ``National Council on the Arts and the'', 
     and
       (ii) by striking ``, respectively,'', and
       (F) in subsection (f)--
       (i) in paragraph (1)--

       (I) by striking ``Chairperson of the National Endowment for 
     the Arts and the'', and
       (II) by striking ``sections 5(c) and'' and inserting 
     ``section'',

       (ii) in paragraph (2)(A)--

       (I) by striking ``either of the Endowments'' and inserting 
     ``National Endowment for the Humanities'', and
       (II) by striking ``involved'', and

       (iii) in paragraph (3)--

       (I) by striking ``that provided such financial assistance'' 
     each place it appears, and
       (II) in subparagraph (C) by striking ``the National 
     Endowment for the Arts or''.

       (c) Authorization of Appropriations.--Section 11 of the 
     National Foundation on the Arts and the Humanities Act of 
     1965 (20 U.S.C. 960) is amended--
       (1) in subsection (a)(1)--
       (A) by striking subparagraph (A), and
       (B) in subparagraph (B) by striking ``(B)'',
       (2) in subsection (a)(2)--
       (A) by striking subparagraph (A), and
       (B) in subparagraph (B)--
       (i) by striking ``(B)'', and
       (ii) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively,
       (3) in subsection (a)(3)--
       (A) by striking subparagraph (A),
       (B) by redesignating subparagraph (B) as subparagraph (A), 
     and
       (C) by striking subparagraph (C), and
       (4) in subsection (a)(4)--
       (A) by striking ``Chairperson of the National Endowment for 
     the Arts and the'',
       (B) by striking ``, as the case may be,'', and
       (C) by striking ``section 5(e), section 5(l)(2), section 
     7(f),'' and inserting ``section 7(f)'',
       (5) in subsection (c)--
       (A) by striking paragraph (1), and
       (B) in paragraph (2) by striking ``(2)'',
       (6) in subsection (d)--
       (A) by striking paragraph (1), and
       (B) in paragraph (2) by striking ``(2)'', and
       (7) by striking subsection (f).
       (d) Transition Provisions.--
       (1) Transfer of property.--On the effective date of the 
     amendments made by this section, all property donated, 
     bequeathed, or devised to the National Endowment for the Arts 
     and held by such Endowment on such date is hereby transferred 
     to the National Endowment for the Humanities.

[[Page S9349]]

       (2) Termination of operations.--The Director of the Office 
     of Management and Budget shall provide for the termination of 
     the affairs of the National Endowment for the Arts and the 
     National Council on the Arts. Except as provided in paragraph 
     (1), the Director shall provide for the transfer or other 
     disposition 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 implementing the authorities 
     terminated by the amendments made by this section.
       (e) Conforming Amendments to Other Laws.--
       (1) Poet laureate consultant.--Section 601 of the Arts, 
     Humanities, and Museums Amendments of 1985 (2 U.S.C. 177) is 
     amended by striking subsection (c).
       (2) Executive schedule pay rate.--Title 5 of the United 
     States Code is amended in section 5314 by striking the item 
     relating to the Chairman of the National Endowment for the 
     Arts.
       (3) Inspector general act of 1978.--Subsection (a)(2) of 
     the first section 8G of the Inspector General Act of 1978 (5 
     U.S.C. App. 8G(a)(2)) is amended by striking ``the National 
     Endowment for the Arts''.
       (4) Delta region preservation commission.--Section 907(a) 
     of National Parks and Recreation Act of 1978 (16 U.S.C. 
     230f(a)) is amended--
       (A) by striking paragraph (7),
       (B) in the first paragraph (8) by striking the period at 
     the end and inserting ``; and'', and
       (C) by redesignating the first paragraph (8) as paragraph 
     (7).
       (5) Jacob k. javits fellowship program.--Section 932(a)(3) 
     of the Higher Education Act of 1965 (20 U.S.C. 1134i(a)(3)) 
     is amended by striking ``the National Endowment for the 
     Arts,''.
       (6) Graduate assistance in areas of national need.--Section 
     943(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1134n(b)) is amended by striking ``National Endowments for 
     the Arts and the Humanities'' and inserting ``National 
     Endowment for the Humanities''.
       (7) American folklife center.--Section 4(b) of the American 
     Folklife Preservation Act (20 U.S.C. 2103(b)) is amended--
       (A) by striking paragraph (5), and
       (B) by redesignating paragraphs (6) and (7) as paragraphs 
     (5) and (6), respectively.
       (8) Japan-united states friendship commission.--Section 
     4(a) of the Japan-United States Friendship Act (22 U.S.C. 
     2903(a)) is amended--
       (A) in paragraph (3) by adding ``and'' at the end, and
       (B) by redesignating paragraph (5) as paragraph (4).
       (9) Standards and systems for outdoor advertising Signs.--
     Section 131(q)(1) of title 23, United States Code, is amended 
     by striking ``including the National Endowment for the 
     Arts,''.
       (10) International culture and trade center commission.--
     Section 7(c)(1) of Federal Triangle Development Act (40 
     U.S.C. 1106(c)(1)) is amended--
       (A) by striking subparagraph (I), and
       (B) by redesignating subparagraph (J) as subparagraph (I).
       (11) Livable cities.--The Livable Cities Act of 1978 (42 
     U.S.C. 8143 et seq.) is amended--
       (A) in section 804 (42 U.S.C. 8143)--
       (i) in paragraph (4) by inserting ``and'' at the end,
       (ii) by striking paragraphs (5) and (7), and
       (iii) in paragraph (6)--

       (I) by striking ``; and'' at the end and inserting a 
     period, and
       (II) by redesignating such paragraph as paragraph (5), and

       (B) in section 805 (42 U.S.C. 8144)--
       (i) in subsection (a)--

       (I) by striking ``, in consultation with the Chairman,'', 
     and
       (II) in paragraph (3) by striking ``jointly by the 
     Secretary and the Chairman'' and inserting ``by the 
     Secretary'',

       (ii) in subsection (b) by striking ``and the Chairman shall 
     establish jointly'' and inserting ``shall establish'',
       (iii) in subsection (c) by striking ``jointly by the 
     Secretary and the Chairman'' and inserting ``by the 
     Secretary'',
       (iv) in subsection (d)--

       (I) by striking ``consult with the Chairman and'', and
       (II) by striking ``jointly by the Secretary and the 
     Chairman'' and inserting ``by the Secretary'', and

       (v) in subsection (e) by striking ``, in cooperation with 
     the Chairman,''.
       (12) Conversion of railroad passenger provisions.--Title 49 
     of the United States Code is amended--
       (A) in section 5562(c) by striking ``and the Chairman of 
     the National Endowment for the Arts'',
       (B) in section 5563(a)(4)--
       (i) in subparagraph (A) by adding ``or'' at the end,
       (ii) by striking subparagraph (B), and
       (iii) by redesignating subparagraph (C) as subparagraph 
     (B),
       (C) in section 5564(c)(1)(C) by striking ``or the Chairman 
     of the National Endowment for the Arts'', and
       (D) in section 5565(c)(1)(B) by striking ``or the Chairman 
     of the National Endowment for the Arts''.
       (13) Educational research, development, dissemination and 
     improvement act of 1994.--Title IX of the Educational 
     Research, Development, Dissemination, and Improvement Act of 
     1994 (20 U.S.C. 6001 et seq.) is amended--
       (A) in section 921(j) (20 U.S.C. 6021(j))--
       (i) by striking paragraph (5), and
       (ii) by redesignating paragraphs (6), (7) and (8) as 
     paragraphs (5), (6), and (7), respectively, and
       (B) in section 931(h)(3) (20 U.S.C. 6031(h)(3))--
       (i) by striking subparagraph (H), and
       (ii) by redesignating subparagraphs (I), (J), (K), and (L) 
     as subparagraphs (H), (I), (J), and (K), respectively.
       (14) Elementary and secondary education act of 1965.--The 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.) is amended--
       (A) in section 2101(b) (20 U.S.C. 6621(b)) by striking 
     ``the National Endowment for the Arts,'',
       (B) in section 2205(c)(1)(D) (20 U.S.C. 6645(c)(1)(D)) by 
     striking ``the National Endowment for the Arts,'',
       (C) in section 2208(d)(1)(H)(v) (20 U.S.C. 
     6648(d)(1)(H)(v))--
       (i) by inserting ``and'' after ``Services,'' the second 
     place it appears, and
       (ii) by striking ``, and the National Endowment for the 
     Arts'',
       (D) in section 2209(b)(1)(C)(vi) (20 U.S.C. 
     6649(b)(1)(C)(vi)) by striking ``the National Endowment for 
     the Arts,'',
       (E) in section 3121(c)(2) (20 U.S.C. 6831(c)(2)) by 
     striking ``the National Endowment for the Arts,'',
       (F) in section 10401 (20 U.S.C. 8091)--
       (i) in subsection (d)(6) by striking ``the National 
     Endowment for the Arts,'', and
       (ii) in subsection (e)(2) by striking ``the National 
     Endowment for the Arts,'',
       (G) in section 10411(a) (20 U.S.C. 8101(a))--
       (i) by striking paragraph (2), and
       (ii) by redesignating paragraphs (3) through (8) as 
     paragraphs (2) through (7), respectively,
       (H) in section 10412(b) (20 U.S.C. 8102(b))--
       (i) in paragraph (2) by striking ``the Chairman of the 
     National Endowment for the Arts,'', and
       (ii) in paragraph (7) by striking ``, the Chairman of the 
     National Endowment for the Arts'', and
       (I) in section 10414(a)(2)(B) (20 U.S.C. 8104(a)(2)(B))--
       (i) in clause (i) by inserting ``and'' at the end,
       (ii) by striking clause (ii), and
       (iii) by redesignating clause (iii) as clause (ii).
       (15) Delta region heritage; new orleans jazz commission.--
     Public Law 103-433 (108 Stat. 4515) is amended--
       (A) in section 1104(b) (16 U.S.C. 1a-5 note) by striking 
     ``the Chairman of the National Endowment for the Arts,'', and
       (B) in section 1207(b)(6) (16 U.S.C. 410bbb-5(b)(6)) by 
     striking ``and one member from recommendations submitted by 
     the Chairman of the National Endowment of the Arts''.
       (f) Effective Date.--This section shall take effect on the 
     later of October 1, 1997, or the date of enactment of this 
     Act.


     federal financial assistance to the states to support the arts

       Sec. 202. (a) Grants to States.--
       (1) In general.--From funds allotted under paragraphs (2) 
     and (3) of subsection (d), the Secretary of the Treasury may 
     make grants to States to support the arts in such a manner as 
     will furnish adequate programs, facilities, and services in 
     the arts to all the people and communities in the States 
     through--
       (A) projects and productions which have substantial 
     national or international artistic and cultural significance;
       (B) projects and productions, meeting professional 
     standards of authenticity or tradition, irrespective of 
     origin, which are of significant merit;
       (C) projects and productions that will encourage and assist 
     artists to work in residence at an educational or cultural 
     institution;
       (D) projects and productions which have substantial 
     artistic and cultural significance;
       (E) projects and productions that will encourage public 
     knowledge, education, understanding, and appreciation of the 
     arts;
       (F) workshops that will encourage and develop the 
     appreciation and enjoyment of the arts by our Nation's 
     citizens;
       (G) programs for the arts at the local level; and
       (H) projects that enhance managerial and organizational 
     skills and capabilities.
       (2) Payments and availability.--Grant funds awarded to a 
     State under this section shall be paid to the Governor of the 
     State. The Governor shall make the grant funds available to 
     the Governor's office, the State arts council or commission, 
     or the State legislature.
       (3) Amount.--The total amount of grant funds awarded to a 
     State under this section for a project or production may not 
     exceed 50 percent of the cost of the project or production, 
     respectively.
       (b) Administrative and Fiscal Accountability.--
       (1) Audit.--
       (A) In general.--A State shall audit the State expenditures 
     from amounts received under this section. Such audit shall--
       (i) determine the extent to which such expenditures were or 
     were not expended in accordance with this section; and

[[Page S9350]]

       (ii) be conducted by an approved entity (as defined in 
     subparagraph (B)) in accordance with generally accepted 
     auditing principles.
       (B) Definition of approved entity.--For purposes of 
     subparagraph (A), the term ``approved entity'' means an 
     entity that is--
       (i) approved by the Secretary of the Treasury;
       (ii) approved by the Governor of the State; and
       (iii) independent of any agency administering activities 
     funded under this section.
       (C) Submission.--Not later than 30 days following the 
     completion of an audit under this subsection, a State shall 
     submit a copy of the audit to the State legislature and to 
     the Secretary of the Treasury.
       (D) Repayment and penalty.--Each State or recipient of any 
     proceeds of grant funds made available under this section 
     shall pay to the United States amounts ultimately found by 
     the approved entity under paragraph (1)(A) not to have been 
     expended in accordance with this section plus 10 percent of 
     such amount as a penalty, or the Secretary of the Treasury 
     may offset such amounts plus the 10 percent penalty against 
     any amount that the State or recipient, respectively, may be 
     eligible to receive under this section.
       (2) Requirements for single audits.--The provisions of 
     chapter 75 of title 31, United States Code, shall apply to 
     the audit requirements of this section.
       (3) State reports.--
       (A) In general.--A State shall prepare a comprehensive 
     report regarding the activities carried out with amounts 
     received by the State under this section.
       (B) Requirements.--Reports prepared under this subsection--
       (i) shall be in accordance with generally accepted 
     accounting principles, including the provisions of chapter 75 
     of title 31, United States Code;
       (ii) shall include the results of the most recent audit 
     conducted in accordance with the requirements of paragraph 
     (1); and
       (iii) shall be in such form and contain such other 
     information as the State deems necessary--

       (I) to provide an accurate description of such activities; 
     and
       (II) to secure a complete record of the purposes for which 
     amounts were expended in accordance with this section.

       (C) Availability of reports.--A State shall make copies of 
     the reports required under this subsection available for 
     public inspection within the State. Copies also shall be 
     provided upon request to any interested public agency, and 
     each such agency may provide such agency's views on such 
     reports to Congress.
       (4) Supervision.--
       (A) In general.--
       (i) Requirement.--The Secretary of the Treasury shall 
     supervise the amounts received under this part in accordance 
     with clause (ii).
       (ii) Limitation.--The supervision by the Secretary of the 
     Treasury shall be limited to--

       (I) making grant payments to the States;
       (II) approving the entities referred to in paragraph 
     (1)(B); and
       (III) withholding payment to a State based on the findings 
     of such an entity in accordance with paragraph (1)(C)(ii).

        (B) Special rule.--No administrative officer or agency of 
     the United States, other than the Secretary of the Treasury 
     shall supervise the amounts received by the States under this 
     section or the use of such amounts by the States.
       (5) Prohibition.--With the exception of the Department of 
     the Treasury as provided for in this section, no Federal 
     department or agency may promulgate regulations or issue 
     rules regarding this section.
       (6) Compliance.--If the Secretary of the Treasury 
     determines that a State, or a recipient of any proceeds of 
     grant funds made available under this section, has failed to 
     comply with a provision of this section, the Secretary of the 
     Treasury shall notify the Governor of the State and shall 
     request the Governor to secure compliance with such 
     provision. If, not later than 60 days after receiving such 
     notification, the Governor fails or refuses to secure 
     compliance, the Secretary of the Treasury may take such 
     action as the Secretary determines necessary to secure 
     compliance.
       (c) Conditions on Use of Funds.--
       (1) In general.--Notwithstanding any other provision of 
     law, grant funds made available under this section and the 
     proceeds of the grant funds may not be used to promote, 
     disseminate, sponsor, or produce any project or production 
     that--
       (A) denigrates the religious objects or religious beliefs 
     of the adherents of a particular religion; or
       (B) depicts or describes, in a patently offensive way, 
     sexual or excretory activities or organs.
       (2) Strict application.--The prohibition described in 
     paragraph (1) shall be strictly applied without regard to the 
     content or viewpoint of the project or production.
       (d) Allotment of Funds.--
       (1) Reservation for administrative costs.--From the sum 
     appropriated under subsection (g) the Secretary shall reserve 
     not more than $1,000,000 for the administrative costs of the 
     Department of the Treasury.
       (2) Minimum allotment.--From the sum appropriated under 
     subsection (g) and not reserved under paragraph (1), the 
     Secretary first shall allot--
       (A) $500,000 to each State; and
       (B) $200,000 to each of the Commonwealth of Puerto Rico, 
     Guam, American Samoa, the United States Virgin Islands, and 
     the Commonwealth of the Northern Mariana Islands.
       (3) Allotment of remainder.--From the sum appropriated 
     under subsection (g), not reserved under paragraph (1), and 
     not allotted under paragraph (2), the Secretary shall allot 
     to each State an amount that bears the same relation to the 
     sum as the population of the State bears to the population of 
     all States.
       (4) State administrative costs.--A State may use not more 
     than 15 percent of the funds allotted under paragraph (3) for 
     administrative costs.
       (5) Definition of state.--Notwithstanding subsection (e) 
     and for the purposes of paragraphs (2)(A) and (3), the term 
     ``State'' means each of the several States of the United 
     States and the District of Columbia.
       (e) Definitions.--In this section:
       (1) Arts.--The term ``arts'' includes, but is not limited 
     to, music (instrumental and vocal), dance, drama, folk art, 
     creative writing, architecture and allied fields, painting, 
     sculpture, photography, graphic and craft arts, costume and 
     fashion design, motion pictures, television, radio, film, 
     video, tape and sound recording, the arts related to the 
     presentation, performance, execution, and exhibition of such 
     major art forms, all those traditional arts practiced by the 
     diverse peoples of this country, and the study and 
     application of the arts to the human environment.
       (2) Governor.--The term ``Governor'' means the chief 
     executive officer of a State.
       (3) Production.--The term ``production'' means plays (with 
     or without music), ballet, dance and choral performances, 
     concerts, recitals, operas, exhibitions, readings, motion 
     pictures, television, radio, film, video tape and sound 
     recordings, and any other activities involving the execution 
     or rendition of the arts.
       (4) Project.--The term ``project'' means programs organized 
     to carry out this section, including programs to foster 
     American artistic creativity, to commission works of art, to 
     create opportunities for individuals to develop artistic 
     talents when carried on as a part of a program otherwise 
     included in this definition, and to develop and enhance 
     public knowledge and understanding of the arts. Such term 
     includes, where appropriate, rental or purchase of 
     facilities, purchase or rental of land, and acquisition of 
     equipment. Such term also includes the renovation of 
     facilities if the amount of the expenditure of Federal funds 
     for such purpose in the case of any project does not exceed 
     $250,000.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury.
       (6) State.--The term ``State'' means any of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, Guam, American Samoa, the United 
     States Virgin Islands, and the Commonwealth of the Northern 
     Mariana Islands.
       (f) Report by Inspector General.--The Inspector General of 
     the Department of the Treasury shall submit to Congress a 
     report describing the extent to which States and the 
     recipients of any proceeds of grant funds made available 
     under subsection (a) comply with the requirements of this 
     section.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,060,000 for 
     fiscal year 1998.
                                 ______
                                 

                ASHCROFT (AND OTHERS) AMENDMENT NO. 1188

  Mr. ASHCROFT (for himself, Mr. Helms, Mr. Brownback, Mr. Sessions, 
and Mr. Inhofe) proposed an amendment to the bill, H.R. 2107, supra; as 
follows:

       Beginning on page 96, strike line 14 and all that follows 
     through page 97, line 8.

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