[House Report 104-170]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-170
_______________________________________________________________________


 
        ARTS, HUMANITIES, AND MUSEUM SERVICES AMENDMENTS OF 1995

_______________________________________________________________________


 June 29, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


     Mr. Goodling, from the Committee on Economic and Educational 
                 Opportunities, submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 1557]

      [Including cost estimate of the Congressional Budget Office]
  The Committee on Economic and Educational Opportunities, to 
whom was referred the bill (H.R. 1557) to authorize 
appropriations for fiscal years 1996, 1997, and 1998 for the 
National Endowment for the Arts, the National Endowment for the 
Humanities, and the Institute for Museum Services; and to 
repeal the National Foundation on the Arts and the Humanities 
Act of 1965 effective October 1, 1998, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:
SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Arts, Humanities, and Museum Services 
Amendments of 1995''.

SEC. 2. FINDINGS AND PURPOSES.

  Section 2 of the National Foundation on the Arts and the Humanities 
Act of 1965 (20 U.S.C. 951) is amended--
          (1) by striking paragraphs (2) through (12), and
          (2) by inserting after paragraph (1) the following:
          ``(2) The encouragement and support of national progress and 
        scholarship in the arts and the humanities is primarily a 
        matter for private and local initiative.''.

SEC. 3. AMENDMENTS RELATING TO THE NATIONAL ENDOWMENT FOR THE ARTS.

  Section 5 of the National Foundation on the Arts and the Humanities 
Act of 1965 (20 U.S.C. 954) is amended--
          (1) in the first sentence of subsection (b)(2) by striking 
        ``four'' and inserting ``3'',
          (2) by striking subsections (c), (e), (j), (m), and (n),
          (3) in subsection (d) by striking ``this section'' each place 
        it appears and inserting ``subsection (k)(1)'',
          (4) in subsection (g)--
                  (A) in paragraph (1) by striking ``supporting'' and 
                all that follows through ``section 5(c) of this Act,'', 
                and inserting the following:
``supporting--
          ``(A) projects and productions which have substantial 
        national or international artistic and cultural significance, 
        giving emphasis to American creativity and cultural diversity 
        and to the maintenance and encouragement of professional 
        excellence;
          ``(B) projects and productions, meeting professional 
        standards of authenticity or tradition, irrespective of origin, 
        which are of significant merit and which, without such 
        assistance, would otherwise be unavailable to our citizens for 
        geographic or economic reasons;
          ``(C) projects and productions that will encourage and assist 
        artists and enable them to achieve wider distribution of their 
        works, to work in residence at an educational or cultural 
        institution, or to achieve standards of professional 
        excellence;
          ``(D) projects and productions which have substantial 
        artistic and cultural significance and that reach, or reflect 
        the culture of, a minority, inner city, rural, or tribal 
        community;
          ``(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 citizens;
          ``(G) programs for the arts at the local level;
          ``(H) projects that enhance managerial and organizational 
        skills and capabilities; and
          ``(I) projects, productions, and workshops of the kinds 
        described in subparagraphs (A) through (H) through film, radio, 
        video, and similar media, for the purpose of broadening public 
        access to the arts;'', and
                  (B) in paragraph (2)(B) by striking ``subsection 
                (c)'' and inserting ``paragraph (1)'',
                  (C) in paragraph (3)(B) by adding a semicolon at the 
                end, and
                  (D) in paragraph (5) by striking ``section 5(c)'' and 
                inserting ``subsection (k)(1)'',
          (5) in subsection (h)--
                  (A) by striking paragraph (1),
                  (B) by striking ``group or'' each place it appears, 
                and
                  (C) by redesignating paragraphs (2) and (3) as 
                paragraphs (1) and (2), respectively,
          (6) in subsection (l)(1) by striking ``Endowment;'' and 
        inserting ``Endowment,'',
          (7) in subsection (o) by striking ``subsection (c)'' and 
        inserting ``section 5(k)(1)'',
          (8) in subsection (p)--
                  (A) in paragraph (1)(D)--
                          (i) by striking clause (i), and
                          (ii) by redesignating clauses (ii) through 
                        (v) as clauses (i) through (iv), respectively,
                  (B) in paragraph (2)--
                          (i) by striking ``(A)'' after ``(2)'',
                          (ii) by striking subparagraphs (B) and (C),
                          (iii) by redesignating clauses (i) and (ii) 
                        as subparagraphs (A) and (B), respectively, and
                          (iv) by redesignating subclauses (I) and (II) 
                        as clauses (i) and (ii), respectively,
                  (C) by amending paragraph (3) to read as follows:
  ``(3)(A) The total amount of any payment made under paragraph (1) for 
a program or project may not exceed 25 percent of the cost of such 
program or project.
  ``(B) The total amount of any payment made under paragraph (2) for a 
program or project may not exceed 50 percent of the cost of such 
program or project.'', and
                  (D) in paragraph (4) by striking ``subsection (c) 
                and'',
          (9) in subsection (q) by striking ``subsection (g)'' and 
        inserting ``subsection (e)'', and
          (10) by redesignating subsections (d), (f), (g), (h), (i), 
        (k), (l), (o), (p), and (q) as subsections (c), (d), (e), (f), 
        (g), (h), (i), (j), (k), and (l), respectively.

SEC. 4. AMENDMENTS RELATING TO THE 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--
          (1) in paragraph (1) by striking ``subsections (c) and (p) of 
        section 5'' and inserting ``section 5(k)'', and
          (2) in the matter following paragraph (2), by striking ``, 
        except that the Chairperson'' and all that follows through 
        ``section 11(a)''.

SEC. 5. AMENDMENTS RELATING TO THE NATIONAL ENDOWMENT FOR THE 
                    HUMANITIES.

  Section 7 of the National Foundation on the Arts and the Humanities 
Act of 1965 (20 U.S.C. 956) is amended--
          (1) in the first sentence of subsection (b)(2) by striking 
        ``four'' and inserting ``3'',
          (2) by striking subsections (c), (e), (g), (j), and (m),
          (3) in subsection (f)--
                  (A) in paragraph (1) by striking ``cost of'' and all 
                that follows through ``subsection (c) of this 
                section,'', and inserting the following:
``cost of activities--
          ``(A) to develop and encourage the pursuit of a national 
        policy for the promotion of progress and scholarship in the 
        humanities;
          ``(B) to initiate and support research and programs to 
        strengthen the research and teaching potential of the United 
        States in the humanities by making arrangements with 
        individuals or groups to support such activities; any loans 
        made by the Endowment shall be made in accordance with terms 
        and conditions approved by the Secretary of the Treasury;
          ``(C) to initiate and support training and workshops in the 
        humanities by making arrangements with institutions or 
        individuals (fellowships awarded to individuals under this 
        authority may be for the purpose of study or research at 
        appropriate non-profit institutions selected by the recipient 
        of such aid, for stated periods of time);
          ``(D) to initiate and support programs and research which 
        have substantial scholarly and cultural significance and that 
        reach, or reflect the diversity and richness of our American 
        cultural heritage, including the culture of a minority, inner 
        city, rural, or tribal community;
          ``(E) to foster international programs and exchanges;
          ``(F) to foster the interchange of information in the 
        humanities;
          ``(G) to foster, with groups, education in, and public 
        understanding and appreciation of the humanities;
          ``(H) to support the publication of scholarly works in the 
        humanities;
          ``(I) to insure that the benefit of its programs will also be 
        available to our citizens where such programs would otherwise 
        be unavailable due to geographic or economic reasons; and
          ``(J) to foster programs and projects that provide access to, 
        and preserve materials important to research, education, and 
        public understanding of, the humanities;'',
                  (B) in paragraph (3)(B) by striking ``subsection 
                (c)'' and inserting ``paragraph (1)'', and
                  (C) in paragraph (6) by striking ``subsection (c)'' 
                and inserting ``subsection (e)(1)'',
          (4) in subsection (f)(2)(A)(vi) by striking ``Chairman'' and 
        inserting ``Chairperson'',
          (5) in subsection (h)--
                  (A) in paragraph (2)--
                          (i) in subparagraph (A) by striking ``50'' 
                        and inserting ``25'', and
                          (ii) in subparagraph (B) by striking ``other 
                        than funds authorized by section 11(a)(3)'', 
                        and
                  (B) in paragraph (3) by striking ``section 7(c) 
                and'',
          (6) in subsection (i) by striking ``subsection (c)'' and 
        inserting ``subsection (e)(1)'',
          (7) in subsection (k) by striking ``subsection (f)'' and 
        inserting ``subsection (d)'', and
          (8) by redesignating subsections (d), (f), (h), (i), (k), and 
        (l) as subsections (c), (d), (e), (f), (g), and (h), 
        respectively.

SEC. 6. AMENDMENTS RELATING TO THE NATIONAL COUNCIL ON THE HUMANITIES.

  Section 8 of the National Foundation on the Arts and the Humanities 
Act of 1965 (20 U.S.C. 957) is amended--
          (1) in subsection (b)--
                  (A) by striking ``Chairman'' each place it appears 
                and inserting ``Chairperson'', and
                  (B) by striking ``Endowment on'' and inserting 
                ``Endowment for'', and
          (2) in subsection (f) by striking ``In the case'' and all 
        that follows through the end of such subsection, and inserting 
        ``The Chairperson shall have final authority to approve each 
        application.''.

SEC. 7. ADMINISTRATIVE PROVISIONS.

  Section 10 of the National Foundation on the Arts and the Humanities 
Act of 1965 (20 U.S.C. 959) is amended--
          (1) in subsection (a)--
                  (A) in paragraph (2) by striking ``sections 5(c) and 
                7(c)'' and inserting ``sections 5 and 7'',
                  (B) in paragraph (5) by striking ``(5 U.S.C. 73b-2)'' 
                and inserting ``(5 U.S.C. 5703)'',
          (2) in subsection (b) by striking ``For the purposes of the 
        income tax'' and inserting the following:
  ``(4) For the purposes of the income tax'',
          (3) in subsection (c)--
                  (A) inserting after the second sentence the 
                following:
``Such panels shall recommend for approval or disapproval, and shall 
make comments on, all applications for projects, productions, and 
workshops based on artistic excellence and artistic merit (or the lack 
thereof), but shall not recommend any projects or productions 
determined to be obscene.'',
                  (B) in paragraph (2) by striking ``all panels include 
                representation of'' and inserting ``not less than 20 
                percent of the members, and at least 1 member, of each 
                of such panels are'', and
                  (C) in paragraph (4)--
                          (i) by redesignating subparagraphs (A) and 
                        (B) as subparagraphs (B) and (C), respectively, 
                        and
                          (ii) by inserting before subparagraph (B), as 
                        so redesignated, the following:
                  ``(A) open all meetings and discussions of such 
                panels to the public;'',
                          (iii) in paragraph (6) by striking ``for more 
                        than 3 consecutive years'' and inserting ``both 
                        for more than 2 consecutive years and in any 2 
                        consecutive 2-year periods'', and
          (4) in subsection (f)--
                  (A) in paragraph (1) by striking ``sections 5(c) and 
                7(c)'' and inserting ``sections (5)(k)(1) and 
                (7)(e)(1)'', and
                  (B) in paragraph (3) by striking ``subsection 
                (c)(3)(A)'' and inserting ``paragraph (2)(A)''.

SEC. 8. 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) by amending subsection (a) to read as follows:
  ``(a)(1)(A) For the purpose of carrying out section 5, there are 
authorized to be appropriated to the National Endowment for the Arts 
$97,500,000 for fiscal year 1996, $58,500,000 for fiscal year 1997, and 
$46,800,000 for fiscal year 1998.
  ``(B) Subject to subsection (c)(1), of the amount appropriated under 
subparagraph (A) for each fiscal year--
          ``(i) 80 percent shall be available to carry out section 
        5(e); and
          ``(ii) 20 percent shall be available to carry out section 
        5(k), which shall include not less than 10 percent to carry out 
        section 5(k)(2).
  ``(2)(A) For the purpose of carrying out section 7, there are 
authorized to be appropriated to the National Endowment for the 
Humanities $137,920,000 for fiscal year 1996, $110,340,000 for fiscal 
year 1997, and $88,270,000 for fiscal year 1998.
  ``(B) Subject to subsection (c)(2), of the amount appropriated under 
subparagraph (A) for each fiscal year--
          ``(i) 80 percent shall be available to carry out section 
        7(d); and
          ``(ii) 20 percent shall be available to carry out section 
        7(e).
  ``(3)(A) There are authorized to be appropriated for each fiscal year 
ending before October 1, 1997, to the National Endowment for the Arts 
an amount equal to the sum of--
          ``(i) the total amounts received by such Endowment, including 
        the value of property donated, bequeathed, or devised to such 
        Endowment, for the purposes set forth in section 5(k)(1) 
        pursuant to the authority of section 10(a)(2); and
          ``(ii) the total amounts received by the grantees of such 
        Endowment from non-Federal sources, including the value of 
        property donated, bequeathed, or devised to such grantees, for 
        use in carrying out activities under subparagraph (A) through 
        subparagraph (F) of section 5(k)(1).
  ``(B) There are authorized to be appropriated for each fiscal year 
ending before October 1, 1997, to the National Endowment for the 
Humanities an amount equal to the sum of--
          ``(i) the total amounts received by such Endowment, including 
        the value of property donated, bequeathed, or devised to such 
        Endowment, for the purposes set forth in section 7(e)(1) 
        pursuant to the authority of section 10(a)(2); and
          ``(ii) the total amounts received by the grantees of such 
        Endowment from non-Federal sources, including the value of 
        property donated, bequeathed, or devised to such grantees, for 
        use in carrying out activities under subparagraph (A) through 
        subparagraph (F) of section 7(e)(1).
  ``(C) Sums appropriated pursuant to subparagraphs (A) and (B) for any 
fiscal year shall remain available for obligation and expenditure until 
expended.
  ``(D) The Chairperson of the National Endowment for the Arts and the 
Chairperson of the National Endowment for the Humanities, as the case 
may be, shall issue guidelines to implement subparagraphs (A) and (B). 
Such guidelines shall be consistent with the requirements of section 
5(k) and section 7(e), as the case may be, regarding total Federal 
support of activities, programs, projects, or productions carried out 
under authority of this Act.'',
          (2) in subsection (c)--
                  (A) in paragraph (1)--
                          (i) by striking ``There'' and all that 
                        follows through ``1993,'', and inserting ``Of 
                        the amount appropriated under subsection 
                        (a)(1)(A) for each fiscal year, not more than 
                        $5,000,000 shall be available'', and
                          (ii) by striking the last sentence, and
                  (B) in paragraph (2)--
                          (i) by striking ``There'' and all that 
                        follows through ``1993,'', and inserting ``Of 
                        the amount appropriated under subsection 
                        (a)(2)(A) for each fiscal year, not more than 
                        $5,000,000 shall be available'', and
                          (ii) by striking the last sentence,
          (3) in subsection (d)--
                  (A) in paragraph (1) by striking ``exceed--'' and all 
                that follows through the period at the end, and 
                inserting ``exceed $97,500,000 for fiscal year 1996, 
                $58,500,000 for fiscal year 1997, and $46,800,000 for 
                fiscal year 1998.'', and
                  (B) in paragraph (2) by striking ``exceed--'' and all 
                that follows through the period at the end, and 
                inserting ``exceed $137,920,000 for fiscal year 1996, 
                $110,340,000 for fiscal year 1997, and $88,270,000 for 
                fiscal year 1998.'', and
          (4) in subsection (f)(1) by striking ``$175,000,000'' and 
        inserting ``$105,000,000''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS FOR THE INSTITUTE OF MUSEUM 
                    SERVICES.

  Section 209 of the Museum Services Act (20 U.S.C. 967) is amended--
          (1) in subsection (a) by striking ``$24,000,000'' and all 
        that follows through ``1993'', and inserting ``$28,770,000 for 
        each of the fiscal years 1996, 1997, and 1998'',
          (2) in subsection (d) by striking ``1993'' and inserting 
        ``1998'', and
          (3) by striking subsection (e).

SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS.

  (a) National Foundation on the Arts and the Humanities Act of 1965.--
The National Foundation on the Arts and the Humanities Act of 1965 (20 
U.S.C. 951-960) is amended--
          (1) in section 3--
                  (A) in subsection (b) by striking ``country.'' and 
                inserting ``country,'',
                  (B) in subsection (c) by striking ``video, and tape'' 
                and inserting ``and video, tape,'', and
                  (C) in subsection (d)--
                          (i) in paragraph (1) by striking ``may be'' 
                        and inserting ``may be,'', and
                          (ii) in paragraph (2)
                                  (I) by striking ``sections 5(l) and 
                                7(h)'' and inserting ``sections 5(k) 
                                and 7(e)'', and
                                  (II) by striking ``Arts and'' and 
                                inserting ``Arts or'',
          (2) in section 5A(b)--
                  (A) by striking ``Arts,'' and inserting ``Arts'', and
                  (B) by striking ``activities as'' and inserting 
                ``activities and'', and
          (3) in section 9(b) by striking ``Secretary of State'' and 
        inserting ``Director of the United States Information Agency''.
  (b) Museum Services Act.--Section 211 of the Museum Services Act (20 
U.S.C. 969) is repealed.

SEC. 11. REPEALER.

  The National Foundation on the Arts and the Humanities Act of 1965 
(20 U.S.C. 951-960) is repealed.

SEC. 12. CONFORMING AMENDMENTS TO REFLECT THE REPEALER.

  (a) Poet Laureate Consultant.--Section 601 of Arts, Humanities, and 
Museums Amendments of 1985 (2 U.S.C. 177) is amended by striking 
subsection (c).
  (b) Executive Schedule Pay Rate.--Title 5 of the United States Code 
is amended in section 5314--
          (1) by striking the item relating to the Chairman of the 
        National Endowment for the Arts, and
          (2) by striking the item relating to the Chairman of the 
        National Endowment for the Humanities.
  (c) 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, 
the National Endowment for the Humanities,''.
  (d) Delta Region Preservation Commission.--Section 907(a) of National 
Parks and Recreation Act of 1978 (16 U.S.C. 230f(a)) is amended--
          (1) by striking paragraph (7),
          (2) in the first paragraph (8) by striking the period at the 
        end and inserting ``; and'', and
          (3) by redesignating the first paragraph (8) as paragraph 
        (7).
  (e) Woodrow Wilson International Center for Scholars.--Section 3 of 
the Woodrow Wilson Memorial Act of 1968 (20 U.S.C. 80f) is amended--
          (1) in subsection (b)--
                  (A) by striking paragraph (4), and
                  (B) by redesignating paragraphs (5) through (10) as 
                paragraphs (4) through (9), respectively,
          (2) in subsection (c) by striking ``through (9)'' and 
        inserting ``through (8)'', and
          (3) in subsection (d) by striking ``paragraph (10)'' and 
        inserting ``paragraph (9)''.
  (f) Institute of Museum Services.--The Museum Services Act (20 U.S.C. 
961-969) is amended--
          (1) in section 204(a)(2)(A)--
                  (A) by striking clauses (i) and (ii), and
                  (B) by redesignating clauses (iii) and (iv) as 
                clauses (i) and (ii), respectively, and
          (2) in section 205(b) by striking ``the National Endowment 
        for the Arts, the National Endowment for the Humanities,''.
  (g) National Teacher Academies.--Section 514(b)(4) of the Higher 
Education Act of 1965 (20 U.S.C. 1103c(b)(4)) is amended by striking 
``and the National Endowment for the Humanities''.
  (h) 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 Humanities, the National 
Endowment for the Arts,''.
  (i) 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 ``the National Endowments for the Arts and the Humanities,''.
  (j) American Folklife Center.--Section 4(b) of the American Folklife 
Preservation Act (20 U.S.C. 2103(b)) is amended--
          (1) in paragraph (4) by adding ``and'' at the end,
          (2) by striking paragraphs (5) and (6), and
          (3) by redesignating paragraph (7) as paragraph (5).
  (k) Japan-United States Friendship Commission.--Section 4(a) of the 
Japan-United States Friendship Act (22 U.S.C. 2903(a)) is amended--
          (1) in paragraph (2) by inserting ``and'' at the end,
          (2) in paragraph (3) by striking the semicolon at the end and 
        inserting a period, and
          (3) by striking paragraphs (4) and (5).
  (l) 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,''.
  (m) International Culture and Trade Center Commission.--Section 
7(c)(1) of Federal Triangle Development Act (40 U.S.C. 1106(c)(1)) is 
amended--
          (1) by striking subparagraph (I), and
          (2) by redesignating subparagraph (J) as subparagraph (I).
  (n) Livable Cities.--The Livable Cities Act of 1978 (42 U.S.C. 8143 
et seq.) is amended--
          (1) in section 804--
                  (A) in paragraph (4) by inserting ``and'' at the end,
                  (B) by striking paragraphs (5) and (7), and
                  (C) in paragraph (6)--
                          (i) by striking ``; and'' at the end and 
                        inserting a period, and
                          (ii) by redesignating such paragraph as 
                        paragraph (5), and
                  (2) in section 805--
                          (A) 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'',
                          (B) in subsection (b) by striking ``and the 
                        Chairman shall establish jointly'' and 
                        inserting ``shall establish'',
                          (C) in subsection (c) by striking ``jointly 
                        by the Secretary and the Chairman'' and 
                        inserting ``by the Secretary'',
                          (D) 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
                          (E) in subsection (e) by striking ``, in 
                        cooperation with the Chairman,''.
  (o) National Archives Trust Fund Board.--Section 2301 of title 44, 
United States Code, is amended by striking ``and the Chairman of the 
National Endowment for the Humanities''.
  (p) Conversion of Railroad Passenger Terminals.--Title 49 of the 
United States Code is amended--
          (1) in section 5562 by striking subsection (c),
          (2) in section 5563(a)(4)--
                  (A) in subparagraph (A) by adding ``or'' at the end,
                  (B) by striking subparagraph (B), and
                  (C) by redesignating subparagraph (C) as subparagraph 
                (B),
          (3) in section 5564(c)(1)(C) by striking ``or the Chairman of 
        the National Endowment for the Arts'', and
                  (4) in section 5565(c)(1)(B) by striking ``or the 
                Chairman of the National Endowment for the Arts''.
  (q) National Security Education Board.--Section 803(b) of the 
National Security Education Act of 1991 (50 U.S.C. 1903(b)) is 
amended--
          (1) by striking paragraph (7), and
          (2) by redesignating paragraph (8) as paragraph (7).
  (r) Educational Research, Development, Dissemination and Improvement 
Act of 1994.--Title IX of Public Law 103-227 (20 U.S.C. 6001 et seq.) 
is amended--
          (1) in section 921(j)--
                  (A) by striking paragraphs (5) and (6), and
                  (B) by redesignating paragraphs (7) and (8) as 
                paragraphs (5) and (6), respectively, and
          (2) in section 931(h)(3)--
                  (A) by striking subparagraphs (G) and (H), and
                  (B) by redesignating subparagraphs (I), (J), (K), and 
                (L) as subparagraphs (G), (H), (I), and (J), 
                respectively.
    (s) Elementary and Secondary Education Act of 1965.--The Elementary 
and Secondary Education Act of 1965, as amended by the Improving 
America's Schools Act of 1994 (Public Law 103-382), is amended--
          (1) in section 2101(b) by striking ``the National Endowment 
        for the Humanities, the National Endowment for the Arts,'',
          (2) in section 2205(c)(1)(D)--
                  (A) by striking ``the National Endowment for the 
                Arts,'' and inserting ``and'', and
                  (B) by striking ``, and the National Endowment for 
                the Humanities'',
          (3) in section 2208(d)(1)(H)(v)--
                  (A) by inserting ``and'' after ``Services,'' the 
                first place it appears, and
                  (B) by striking ``, the National Endowment for the 
                Humanities, and the National Endowment for the Arts'',
          (4) in section 2209(b)(1)(C)(vi) by striking ``the National 
        Endowment for the Humanities, the National Endowment for the 
        Arts,'',
          (5) in section 3121(c)(2) by striking ``the National 
        Endowment for the Humanities, the National Endowment for the 
        Arts,'',
          (6) in section 10401--
                  (A) in subsection (d)(6) by striking ``the National 
                Endowment for the Arts,'', and
                  (B) in subsection (e)(2) by striking ``the National 
                Endowment for the Arts,'',
          (7) in section 10411(a)--
                  (A) by striking paragraph (2), and
                  (B) by redesignating paragraphs (3) through (8) as 
                paragraphs (2) through (7), respectively,
          (8) in section 10412(b)--
                  (A) in paragraph (2) by striking ``, the Chairman of 
                the National Endowment for the Humanities, the Chairman 
                of the National Endowment for the Arts,'', and
                  (B) in paragraph (7)--
                          (i) by striking ``the Chairman of the 
                        National Endowment for the Humanities, the 
                        Chairman of the National Endowment for the Arts 
                        and'', and
                          (ii) by striking ``, or their designees,'', 
                        and
          (9) in section 10414(a)(2)(B) by striking ``by--'' and all 
        that follows through ``(iii)'', and inserting ``by''.
  (t) Delta Region Heritage; New Orleans Jazz Commission.--Public Law 
103-433 (108 Stat. 4515) is amended--
          (1) in section 1104(b) by striking ``the Chairman of the 
        National Endowment for the Arts, the Chairman of the National 
        Endowment for the Humanities,'', and
          (2) in section 1207(b)(6) by striking ``and one member from 
        recommendations submitted by the Chairman of the National 
        Endowment of the Arts,''.

SEC. 13. EFFECTIVE DATES; SAVINGS PROVISION.

  (a) Effective Dates.--
          (1) General effective date.--Except as provided in paragraph 
        (2), this Act and the amendments made by this Act shall take 
        effect on October 1, 1995.
          (2) Effective date of repealer and related conforming 
        amendments.--Sections 11 and 12 shall take effect on October 1, 
        1998.
  (b) Savings Provision.--An amendment or repeal made by this Act shall 
not apply with respect to--
          (1) powers, duties, functions, rights, claims, penalties, or 
        obligations applicable to financial assistance provided before 
        the effective date of amendment or repeal, as the case may be, 
        under the provision of law so amended or so repealed; and
          (2) administrative actions and proceedings commenced before 
        such date, or authorized before such date to be commenced, 
        under such provision.
                       Explanation of Amendments

    The provisions of the substitute are explained in this 
report.

                                Purpose

    The purpose of H.R. 1557 is to phase-out the National 
Endowment for the Arts (NEA) and the National Endowment for the 
Humanities (NEH) over the next three fiscal years, and make 
certain reforms to each endowment during the phase-out period. 
H.R. 1557 also extends the authorization of the Institute of 
Museum Services (IMS) for the next three fiscal years.

                            Committee Action

    The National Foundation on the Arts and Humanities Act 
(NFAHA), which established the National Endowment for the Arts 
(NEA) and the National Endowment for the Humanities (NEH), was 
last reauthorized in 1990 (P.L. 100-512). Currently, the NEA 
and NEH are operating under temporary authority through the 
appropriations law. The proposed legislation would extend the 
authorization for the NEA and NEH through September 30, 1998 
after which the authority for the NEA and NEH would be 
repealed. The Institute for Museum Services (IMS) would be 
continued for three years.
    On May 3, 1995, Representative Bill Goodling, along with 
Representative Randy ``Duke'' Cunningham as a cosponsor, 
introduced H.R. 1557. The bill was referred to the Committee on 
Economic and Educational Opportunities.
    On May 10, 1995, the Committee on Economic and Education 
Opportunities assembled to consider H.R. 1557, the Arts, 
Humanities, and Museum Services Amendments of 1995. Chairman 
Goodling offered an amendment in the nature of a substitute to 
H.R. 1557. Two other substitute amendments--one to repeal the 
NEA and NEH effective October 1, 1995 and one to provide a 
straight two year reauthorization for the NEA, NEH, and IMS--
were defeated. The Goodling substitute amendment was approved, 
and H.R. 1557, as amended, was ordered favorably reported by a 
vote of 19 yeas, 2 nays, and 18 voting present.

                            Committee Views

    In phasing-out the National Endowment for the Arts (NEA) 
and the National Endowment for the Humanities (NEH), the 
Committee on Economic and Educational Opportunities 
(hereinafter referred to as the ``Committee'') reduces the 
burden that deficit spending has placed on our children, 
returns control of arts and humanities programs to the State 
and local levels, and provides for an orderly transition of 
arts and humanities funding back to the private sector.
    Over the past several months, Congress has demonstrated 
that a majority of its members intend to balance the Federal 
budget by the year 2002. With a National debt of over $4 
trillion and a deficit of over $200 billion, the Committee is 
committed to doing its part to bring the budget into balance. 
The elimination of the Federal government's annual deficits 
will enure to the benefit of all Americans. However, reaching a 
balanced budget requires the Committee to make difficult 
choices. The Federal government can no longer maintain a 
financial presence in every area that it has been involved in 
the past. Two such areas include the NEA and NEH. H.R. 1617 
would eliminate both agencies by October 1, 1998.
    The Committee wishes to emphasize that in phasing-out the 
NEA and NEH, it is essential to provide for an orderly 
transition. An orderly transition provides time for the 
completion of on-going projects and programs, the stabilization 
of existing programs which may wish to be continued with non-
Federal financing, and the strengthening of programs and 
entities to assume expanded levels of responsibility.
    The Committee legislation reduces the authorized funding 
levels for the NEA and NEH by a set amount in each of the next 
three fiscal years, and provides a day certain for the repeal 
of all funding authority. For the NEA, the authorization level 
in fiscal year (FY) 1996 will equal a 40 percent reduction of 
the appropriations level for FY 1995. In FY 1997, the 
authorization level will be a 40 percent reduction of the FY 
1996 level. In FY 1998, the authorization level will be a 20 
percent reduction of the FY 1997 level. For the NEH, funding is 
reduced, in a similar fashion, by twenty percent for each of 
fiscal years 1996, 1997, and 1998. Both agencies are terminated 
as of the beginning of FY 1999, which is October 1, 1998.
    During the remaining three year authorization period, both 
agencies will continue to make grants, although limited, at the 
National level. The National grants will be limited to 20 
percent of each agency's grant-making funds. These grants will 
be further limited to strengthening the quality of public arts 
agencies and private nonprofit organizations in order to help 
them become self-sustaining. In addition, the endowments will 
be required to use at least half of the 20 percent to carry out 
a program of grants to States to stimulate artistic activity 
and awareness, and broaden public access to the arts in rural, 
inner city, and other underserved areas. This underscores the 
Committee's belief that while the endowments continue to exist, 
their mission should be to improve access to the arts and 
humanities. Finally, the practice of making direct NEA National 
grants to individuals is ended.
    The Committee is well aware of the ``one size fits all'' 
philosophy that has developed in Washington over the past forty 
years. The Committee rejects this notion. Under current law, 
about 27.5 percent of NEA appropriations are sent to the States 
for basic State grants. The Committee bill, on the other hand, 
directs 80 percent of NEA and NEH grant-making funds to the 
States for basic State grants. This was done for a number of 
reasons.
    First, the Committee believes that arts and humanities 
priorities are best established at the State and local levels. 
The strength of the existing agencies and councils is that they 
encourage, preserve, and foster understanding of local art, 
history and literature. State and local programs not only help 
individuals understand who they are and where they are, but, 
more importantly, they offer an alternative to mass media 
markets and decisions made hundreds or thousands of miles away.
    Second, in a time of limited Federal resources, efforts 
must be made to concentrate resources where they are likely to 
have a long-term impact and widespread public support. Putting 
the bulk of the resources into State and local programming is 
an investment in the permanence of the State's agencies, its 
councils, and projects and programs directly relevant to local 
communities.
    Third, State and local programs which are important to 
communities are those which are most likely to command private 
financial support. Thus, Federal funds focused on States and 
localities are likely to have high leverage capabilities, thus 
extending the return on Federal dollars invested.
    Fourth, the public education activities and functions of 
the endowments can be more effectively conducted at the State 
and local levels.
    Finally, the promotion of community is consistent with 
driving funds to the State and local levels. The promotion of 
State and local traditions through the arts and humanities 
helps bind communities together and foster creativity among its 
residents.
    In focusing funding during the 3 year phase-out upon State 
programs, the Committee bill will result in an immediate, 
short-term increase in funding for the State arts agencies and 
humanities councils. It is the Committee's intent that these 
funds be used for specific objectives. One is to complete 
significant on-going programs and projects in the State. 
Another is to provide a pillar of support for State and local 
arts and humanities institutions, agencies, and organizations 
to prepare themselves for the elimination of Federal funds 
after three years. During the phase-out period, States and 
localities may begin planning for the future. Some may 
establish private endowments. Others may develop collaboratives 
with various organizations and entities. Still others may 
engage in expanded private fund-raising efforts. The Committee 
is confident that the arts and humanities communities will 
develop non-Federally supported models for replication.
    While the Endowments have only been in existence for 30 
years, the arts and humanities were flourishing well before 
1965, the year the Endowments were established, and will 
continue to flourish after Federal subsidizes are withdrawn. 
Mark Twain, Nathaniel Hawthorne, and Herman Melville, to name a 
few, all succeeded in earlier decades without government 
funding. In addition, New York became the art center of the 
world in the 1940's, well before the Endowments came into 
being. In the pre-1965 era, local symphony orchestras were 
performing, and universities were expanding and attracting 
students from all over the world, all without government 
support. Clearly, the arts and humanities will continue to 
flourish even after the Endowments are phased out.
    The Committee recognizes that criticism has been lodged 
against the NEA on numerous occasions, and also against the 
NEH. These complaints have included charges of conflict of 
interest within the grant-making panels of the NEA, and a 
general disregard for the cultural and religious sensibilities 
of the public at-large in both agencies.
    While the Committee recognizes that grant-making at the 
National level will be limited under the Committee legislation, 
changes in the grant-making process are needed, for the 
remaining duration of the NEA, to increase accountability. 
These changes require advisory panels reviewing grants to be 
composed of at least 20 percent lay persons, and require all 
panel discussions to be open to the public.
    Under current law, the Chairperson of the NEA does not have 
final authority with respect to approval or disapproval of an 
application for a grant. If the National Council on the Arts 
disapproves an application, the Chairperson may not override 
the Council. Furthermore the Chairperson may only provide to an 
applicant the amount of financial assistance recommended by the 
Council. The Committee, on the other hand, believes the 
Chairperson should have more flexibility vis-a-vis the Council, 
and should be the person who is ultimately held accountable at 
the NEA for any problems that arise from grant applications. 
Accordingly, the Chairperson is given final authority to 
approve or disapprove an application for assistance from the 
NEA.
    Furthermore, the Committee legislation will greatly reduce 
administrative expenses at the endowments. With more money 
being allocated for basic State grants, and with the 
elimination of the section 5(c) and section 7(c) National 
grants, there is less responsibility required of the NEA and 
NEH at the National level. The Committee notes that the NEA 
currently expends $16,547,000 to support the salaries and 
benefits of 273 Full Time Equivalents (FTEs). This amounts to 
an average NEA staff salary of $60,000. The NEH has a similarly 
large bureaucracy. Given the reduced Federal role for the 
endowments at the National level, the Committee believes 
reducing administrative spending to $5 million is appropriate.
    While the National Endowment for the Humanities has 
sponsored some fine projects over the years, the NEH has also 
sponsored projects unworthy of taxpayer funding. Though there 
are several examples, the Committee finds three projects 
particularly troublesome--troublesome in the way in which 
academics have used NEH grants to promote agendas for ``social 
and political transformation,'' as former Chairperson Lynne 
Cheney has noted.
    The first example is of a film project which used a double 
standard to judge Western civilization. The project declared 
Christopher Columbus guilty of ``genocide,'' while portraying 
the Aztec Indians, who practiced human sacrifice on a massive 
scale, as a gentle, peace-loving people. Fortunately, Cheney 
vetoed the project, and kept taxpayers' money from being used 
to promote a West-bashing political agenda.
    A second example is the nine-part television series called 
``The Africans.'' The application for this NEH project promised 
to present a wide spectrum of views on Africa, and an abundance 
of opinions about its history, art and politics. The panelists 
who evaluated the project gave it excellent grades. However, 
between the time the funds were granted and the series was in 
final form, a change took place. Instead of a variety of 
opinions, the opinions of one man, Professor Ali Mazrui, were 
presented. He blamed every economic, moral and political 
failure that had ever occurred in Africa on the West. At one 
point in the movie, Sergeant Samuel Doe of Liberia is seen 
murdering his rivals on a beach, with the voice-over blaming 
the murders on the West, because the West had invented the guns 
that Sergeant Doe and his followers used in the killings.
    A third, and more recent example, is the 1992 NEH grant for 
development of the National Standards for History. In this 
case, a group of historians produced a blueprint--using NEH and 
Department of Education funds--of how public school teachers 
should approach the teaching of history to fifth through 
twelfth graders. The application for NEH assistance promised to 
build standards on the basis of a previously published 
document--Lessons From History--that presented the full story 
of U.S. and Western civilization. Yet, the standards that were 
actually produced bore little relation to the promises made 
about them. Perhaps the single most irresponsible part of the 
standards was in the World History Standards for fifth and 
sixth graders. In the section about the end of World War II, 
students were encouraged to read a book about a Japanese girl 
of their age who died a painful death as a result of radiation 
from the atomic bomb that the U.S. dropped on Hiroshima in 
1945. This is all that the students were encouraged to learn 
about how the war ended. No mention is made about why American 
leaders decided to drop the atomic bombs; no mention is made 
about the casualties that they believed would have been 
suffered in an invasion of Japan. No mention is made of the 
rape of Nanking. Pearl Harbor is not discussed, nor is the 
Bataan death march. What the students would be likely to carry 
away from the World History Standards is that their country was 
guilty of a horrible and apparently unjustified act of cruelty 
against completely innocent people.
    Finally, NEH taxpayer funding of the Modern Languages 
Association (MLA) is troubling given the MLA's agenda. For 
example, at a MLA convention in the past, panels have included 
such topics as ``Lesbian Tongues Untied;'' ``Henry James and 
Queer Performativity;'' ``Status of Gender and Feminism in 
Queer Theory;'' and ``Strategies for Feminist Team Teaching of 
Hispanic Women Writers.''
    The Committee wishes to acknowledge the contributions of 
the Institute for Museum Services (IMS) in helping to preserve 
America's historical artifacts. Since its creation in 1976, the 
IMS has fulfilled its mission of providing general operating 
expenses and conservation activities for all types of museums. 
Funds expended by the IMS have helped museums increase their 
professionalism and better provide unique educational 
opportunities to the public. The Committee notes that the IMS 
has accomplished its purposes on a limited budget.
    For these reasons, and because general operating funds are 
among the most difficult for America's museums to raise, the 
Committee legislation continues the IMS for three additional 
years, and maintains its current funding level of $28.7 
million. The Committee urges the Institute to continue to 
remain true to its mission.

                  Background and Need for Legislation

    The National Endowment for the Arts (NEA) is an independent 
Federal agency created by the National Foundation on the Arts 
and Humanities Act of 1965. Begun with a $2.5 million 
appropriation in 1966, the NEA has vastly expanded into a 
$167.4 million agency in 1995. Broadly speaking, the mission of 
the NEA is to foster excellence, diversity and vitality in the 
arts, and to broaden the arts availability and appreciation. 
The mission is carried out through awarding grants--about 4,000 
a year presently--to individual artists, arts groups and other 
nonprofit organizations. The NEA also provides financial 
support to state, regional and local arts agencies, as well as 
provides support for underserved areas.
    The National Endowment for the Humanities is an independent 
Federal agency also created by the National Foundation on the 
Arts and Humanities Act of 1965. Begun with a $5.5 million 
appropriation in 1966, the NEH has also vastly expanded into a 
$177.0 million agency in 1995. Broadly speaking, the mission of 
the NEH is to support scholarly research, education, and public 
programs in the humanities. Grants are provided to individuals, 
institutions, and organizations for humanities-related projects 
and programs.
    The Institute for Museum Services (IMS) is an independent 
Federal agency created by the Museum Services Act of 1976 
(Title II of P.L. 94-462). The purpose of the IMS is to make 
grants to museums to increase and improve museum services. 
Grants may be used by museums to construct displays and 
exhibits, to maintain professionally-trained staff, to pay for 
costs of maintaining collections, to develop traveling 
exhibitions, to conserve collections, and to develop and carry 
out special programs. Begun with a $100,000 appropriation in 
1977, the IMS has expanded into a $28.7 million agency in 1995.
    The NEA and NEH each have a Chairperson and 26 member 
council, appointed by the president, to oversee the awarding of 
grants which each is authorized to make. In addition, advisory 
panels appointed by the Chairperson of the NEA assist in 
reviewing NEA applications, developing or revising guidelines, 
and providing advice on future directions for the NEA's grant-
making programs. In a similar fashion, the IMS has a director 
and a 15 member policy board appointed by the President.
    Throughout the recent history of the NEA and NEH, each 
agency has been the subject of controversy--controversy 
surrounding questionable grants, membership of review panels, 
conflict of interest among members of review panels, and the 
development of world history standards in the case of the NEH.
    Given this controversy, numerous hearings have been held on 
the NEA, NEH, and IMS. Hearings were held by this Committee on 
four occasions in 1990, once in 1993, and again in 1994. On 
January 24, 1995 and again on February 16, 1995, the House 
Interior Appropriations Subcommittee held hearings on the NEA 
and NEH. The last reauthorization of the National Foundation on 
the Arts and Humanities Act occurred in 1990 (P.L. 100-512) 
giving the program an authorization for fiscal years 1991, 
1992, and 1993. Since fiscal year 1993, the endowments have 
continued to operate solely under temporary authority through 
the appropriations legislation without the necessary 
authorization. However, it should be noted that a bill (H.R. 
2351) to extend the authority of the NEA, NEH, and IMS for two 
years, passed the House in 1993 but did not become law.
    Both the House and Senate rescissions legislation in 1995 
proposed cutting the NEA and NEH by $5 million each, and the 
budget resolution for fiscal year 1996 proposed zeroing out 
both the NEA and NEH.
    With a National debt of over $4 trillion, and a deficit of 
over $200 billion, the spending practices of Congress as well 
as what programs continue to be authorized, must radically 
change if we are ever to balance the Federal budget. This 
involves taking a hard look at what involvement, if any, the 
Federal government should have in the arts and humanities.
    Given the totality of current circumstances, the Committee 
believes the time has come for a 3 year phase-out of both the 
NEA and NEH. Such a proposal gives each agency sufficient time 
to wind down its affairs, in preparation for the day when the 
arts and humanities are no longer supported with taxpayer 
dollars. It also provides private-sector arts organizations 
with ample opportunity to prepare to continue support of 
flourishing arts activities throughout our Nation. Accordingly, 
H.R. 1557 provides for an orderly phase-out of the Federal 
government's subsidization of the NEA and NEH, and makes 
certain other reforms during the remaining years. The 
legislation continues the IMS for three additional years with 
no phase-out.

                                Summary

    In reporting H.R. 1557, the Committee on Economic and 
Educational Opportunities phases-out the National Endowment for 
the Arts and the National Endowment for the Humanities over a 
three year period. The Institute of Museum services would be 
authorized for three additional years at a funding level 
consistent with its 1995 appropriations.
    In FY 1996, authorized funding for the National Endowment 
for the Arts would be reduced by 40 percent of its 1995 
appropriated level, by 40 percent of the FY 1996 authorization 
level for FY 1997, and by 20 percent of the FY 1997 
authorization level in 1998. The authorization levels for the 
National Endowment for the Humanities would be reduced by 20 
percent over each of the next three fiscal years. Both agencies 
would terminate on October 1, 1998.
    During the phase-out period, NEA and NEH grants at the 
National level would be used only for strengthening the quality 
of institutions and organizations. Of these funds, at least 
half, for purposes of the NEA, would be used for the 
improvement of small, developing arts institutions based in 
rural, inner city and underserved areas. Eighty percent of all 
grant funds would go to the State arts agencies and State 
humanities councils, giving states the flexibility to set their 
own priorities. In addition, administrative funds for the NEA 
and NEH would be reduced to no more than $5 million per year 
per agency, and the grant-making process would be reformed to 
make it more open and responsive to the public. Other reforms 
make the Chairperson of each agency more accountable for the 
use of Federal funds.
                      Section-by-Section Analysis

    Section 1 states the short title of the bill as ``Arts, 
Humanities, and Museum Services Amendments of 1995.
    Section 2 of the bill amends section 2 of the National 
Foundation on the Arts and the Humanities Act of 1965 (NFAHA) 
to delete the findings in current law numbered (2) through 
(12), and adding a finding that the arts and humanities are 
primarily matters for private and local initiative.
    Section 3 of the bill amends section 5 of NFAHA as follows:
          (1) the term of the Chairperson of the National 
        Endowment for the Arts (NEA) is changed from four years 
        to three years in section 5(b)(2) of current law;
          (2) the current law section 5(c) program of National 
        grants and loans to groups and individuals is 
        eliminated; the 50 percent cost limitation found in 
        section 5(e) is eliminated to correspond with the 
        elimination of section 5(c) grants; the distribution of 
        financial assistance by installments in section 5(j) is 
        eliminated to conform with the elimination of section 
        5(c) National grants; section 5(m) and section 5(n) 
        relating to the Secretary of Labor and labor matters 
        are deleted;
          (3) subsection 5(d)(1) is changed to reflect that no 
        payment shall be made under newly designated subsection 
        5(k)(1) relating to National grants for ``strengthening 
        quality'', unless the Chairperson ensures that artistic 
        excellence and merit are the criteria and that 
        applications are consistent with the section. The 
        requirement that regulations and procedures are to 
        clearly indicate that obscenity is without artistic 
        merit, is not protected speech, and shall not be 
        funded, is preserved. Similarly, the prohibition on 
        funding projects, productions, and workshops determined 
        to be obscene is preserved;
          (4)(A) subsection 5(g)(1) relating to basic State 
        grants is changed to allow such grants to be used for 
        supporting ``(A) projects and productions which have 
        substantial national or international artistic and 
        cultural significance, giving emphasis to American 
        creativity and cultural diversity and to the 
        maintenance and encouragement of professional 
        excellence; (B) projects and productions, meeting 
        professional standards of authenticity or tradition, 
        irrespective of origin, which are of significant merit 
        and which, without such assistance, would otherwise be 
        unavailable to our citizens for geographic or economic 
        reasons; (C) projects and productions that will 
        encourage and assist artists and enable them to achieve 
        wider distribution of their works, to work in residence 
        at an educational or cultural institution, or to 
        achieve standards of professional excellence; (D) 
        projects and productions which have substantial 
        artistic and cultural significance and that reach, or 
        reflect the culture of a minority, inner city, rural, 
        or tribal community; (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 citizens; 
        (G) programs for the arts at the local level; (H) 
        projects that enhance managerial and organizational 
        skills and capabilities; and (I) projects, productions, 
        and workshops of the kind described in subparagraphs 
        (A) through (H) through film, radio, video, and similar 
        media, for the purpose of broadening public access to 
        the arts'';
          (B) a conforming change is made to subsection 
        5(g)(2)(B) to reflect the change in allowable uses of 
        the basic State grant;
          (C) a technical change is made to subsection 
        5(g)(3)(B) to add a semicolon at the end;
          (D) a conforming change is made in subsection 5(g)(5) 
        to reflect the requirement that all amounts allotted or 
        made available for the basic State grant for a fiscal 
        year, but which are not granted to a State during such 
        year shall be available to the NEA at the end of the 
        year for carrying out National grants under newly 
        designated subsection 5(k)(1);
          (5) conforming changes are made to subsection 5(h) to 
        reflect that the Chairperson of the NEA shall notify 
        the Secretary of the Treasury to make no further grants 
        to a State upon the Chairperson's findings of 
        noncompliance or diversion of funds;
          (6) a technical change is made to subsection 5(l)(1) 
        to reflect the insertion of a comma after the word 
        ``Endowment'';
          (7) subsection 5(o) is changed to allow the 
        Chairperson of the NEA to enter into interagency 
        agreements for the purposes of newly designated section 
        5(k)(l) National grants for ``strengthening quality'';
          (8) subsection 5(p)(1)(D) is changed to reflect the 
        elimination of the use of section 5(p)(1) grants for 
        the support of professional artists in community based 
        residencies; subsection 5(p)(1) National grants 
        (redesignated as 5(k)(1) grants under the bill] for 
        strengthening quality are modified to clearly reflect a 
        3:1 match or 75 percent non-Federal contribution 
        requirement; subsection 5(p)(2) grants to States 
        (redesignated as 5(k)(2) grants under the bill) 
        relating to developing arts organizations and 
        underserved areas are modified to reflect a 1:1 match 
        or 50 percent non-Federal contribution requirement;
          (9) subsection 5(q) is amended to reflect a 
        conforming change related to information and data 
        collection;
          (10) subsection 5(d) is redesignated subsection 5(c), 
        subsection 5(f) becomes 5(d), subsection 5(g) becomes 
        5(e), subsection 5(h) becomes 5(f), subsection 5(i) 
        becomes 5(g), subsection 5(k) becomes 5(h), subsection 
        5(l) becomes 5(i), subsection 5(o) becomes 5(j), 
        subsection 5(p) becomes 5(k), and subsection 5(q) 
        becomes 5(l).
    Section 4 of the bill amends section 6(f) of the NFAHA to 
delete references to section 5(c) and section 5(p) grants and 
insert in their place the National ``strengthening quality'' 
grants under newly-designated section 5(k). Under this change, 
the National Council on the Arts makes recommendations to the 
Chairperson of the NEA on whether to approve applications for 
financial assistance under newly-designated section 5(k) 
relating to ``strengthening quality.'' Section 4 of the bill 
also amends section 6(f) of current law to give the Chairperson 
of the NEA final authority to approve each application for 
assistance. Numerous restrictions under current law upon the 
Chairperson's authority to be the final authority are 
eliminated.
    Section 5 of the bill amends section 7 of NFAHA as follows:
          (1) the term of the Chairperson of the National 
        Endowment for the Humanities (NEH) is changed from four 
        years to three years in subsection 7(b)(2) of current 
        law;
          (2) the current law section 7(c) program of NEH 
        National contracts, grants, loans, and other forms of 
        assistance is eliminated; the 30 percent cost 
        limitation in current law section 7(e) for section 
        7(c)(3) grants to any group engaging in workshop 
        activities for which an admission or other charge is 
        made to the general public is eliminated. This 
        corresponds with the elimination of section 7(c) 
        grants; section 7(g) and section 7(j) relating to the 
        Secretary of Labor and labor matters are deleted; 
        section 7(m) relating to annual awards in the 
        humanities is deleted;
          (3) subsection 7(f)(1) relating to basic State grants 
        for the humanities is changed to allow such grants to 
        be used for supporting not more than 50 percent of the 
        cost of activities (A) to develop and encourage the 
        pursuit of a national policy for the promotion of 
        progress and scholarship in the humanities; (B) to 
        initiate and support research and programs to 
        strengthen the research and teaching potential of the 
        United States in the humanities by making arrangements 
        with individuals or groups to support such activities; 
        any loans made by the Endowment shall be made in 
        accordance with terms and conditions approved by the 
        Secretary of the Treasury; (C) to initiate and support 
        training and workshops in the humanities by making 
        arrangements with institutions or individuals 
        (fellowships awarded to individuals under this 
        authority may be for the purpose of study or research 
        at appropriate nonprofit institutions selected by the 
        recipient of such aid, for stated periods of time); (D) 
        to initiate and support programs and research which 
        have substantial scholarly and cultural significance 
        and that reach, or reflect the diversity and richness 
        of our American cultural heritage, including the 
        culture of a minority, inner city, rural, or tribal 
        community; (E) to foster the international programs and 
        exchanges; (F) to foster the interchange of information 
        in the humanities; (G) to foster, with groups, 
        education in, and public understanding and appreciation 
        of the humanities; (H) to support the publication of 
        scholarly works in the humanities; (I) to insure that 
        the benefit of its programs will also be available to 
        our citizens where such programs would otherwise be 
        unavailable due to geographic or economic reasons; and 
        (J) to foster programs and projects that provide access 
        to, and preserve materials important to research, 
        education, and public understanding of, the humanities; 
        a conforming change is made to subsection 7(f)(3)(B) to 
        reflect the elimination of section 7(c) grants--
        ``subsection (c)'' is redesignated ``paragraph (1)'' in 
        subsection 7(f)(3)(B); a conforming change is made to 
        subsection 7(f)(6) to redesignate therein ``subsection 
        (c)'' as newly-designated ``subsection (e)(1)'' 
        relating to National grants;
          (4) a technical change is made in subsection 
        7(f)(2)(A)(vi) to change the word ``Chairman'' to 
        ``Chairperson.''
          (5) subsection 7(h) NEH National grants [redesignated 
        as 7(e) grants under the bill] are modified to reflect 
        a 3:1 or 75 percent match rather than a 1:1 or 50 
        percent match as under current law; subsection 7(h) is 
        amended to eliminate the section 11(a)(3) restriction 
        for purposes of waiver authority of the Chairperson of 
        the NEH; subsection 7(h)(3) is amended to reflect a 
        conforming change related to the elimination of section 
        7(c) grants--the words ``section 7(c)'' are deleted 
        from subsection 7(h)(3);
          (6) subsection 7(i) is amended to reflect a 
        conforming change related to the elimination of section 
        7(c) grants--the words ``subsection (c)'' are changed 
        to newly-designated ``subsection (e)(1)'' relating to 
        National grants;
          (7) subsection 7(k) is amended to reflect a 
        conforming change related to reporting requirements of 
        the Chairperson of the NEH under newly-designated 
        ``subsection (d).''
          (8) subsection 7(d) is redesignated subsection 7(c), 
        subsection 7(f) becomes 7(d), subsection 7(h) becomes 
        7(e), subsection 7(i) becomes 7(f), subsection 7(k) 
        becomes 7(g), and subsection 7(l) becomes 7(h).
    Section 6 of the bill makes a technical change to 
subsection 8(b) of the NFAHA to change the word ``Chairman'' to 
``Chairperson.'' Subsection 8(b) is also amended to change the 
words ``Endowment on'' to ``Endowment for'', and subsection 
8(f) of current law is amended to give the Chairperson of the 
NEH final authority to approve applications. Several 
restrictions upon the Chairperson's authority over the approval 
of applications are eliminated.
    Section 7 of the bill amends section 10 of the NFAHA as 
follows:
          (1) a conforming change is made to subsection 
        10(a)(2) of current law to reflect the elimination of 
        section 5(c) and 7(c) grants--the words ``section 5(c) 
        and 7(c)'' are changed to ``sections 5 and 7''; a 
        technical change is made to section 10(a)(5) to reflect 
        the correct citation to ``(5 U.S.C. 5703)'' rather than 
        ``(5 U.S.C. 73b-2)'';
          (2) a technical change is made to subsection 10(b) to 
        insert ``(4) For the purposes of the income tax'';
          (3) subsection 10(c) is amended to clarify that NEA 
        advisory panels shall make recommendations for approval 
        or disapproval of applications based on artistic 
        excellence and merit (or the lack thereof), but such 
        panels shall not recommend any projects or productions 
        determined to be obscene; subsection 10(c)(2) is 
        changed to ensure that not less than 20 percent of the 
        members of an NEA advisory panel, and at least one 
        member of each such panel, are lay persons; subsection 
        10(c)(4) is amended to require the Chairperson of the 
        NEA to ensure that advisory panels open all meetings 
        and discussions to the public, and other technical and 
        conforming redesignations are made to such subsection; 
        subsection 10(c)(6) is amended to eliminate the 3 
        consecutive years limitation upon service on an 
        advisory panel, and replace such limitation with a 
        limitation of service of not more than 2 consecutive 
        years and in any 2 consecutive 2-year periods;
          (4) conforming changes are made to subsection 
        10(f)(1) to reflect the elimination of section 5(c) and 
        7(c) grants--the words ``section 5(c) and 7(c)'' are 
        replaced with newly-designated ``sections (5)(k)(1) and 
        (7)(e)(1)'' relating to National grants; a technical 
        and conforming change is made to subsection 10(f)(3) to 
        strike the words ``subsection (c)(3)(A)'' and insert 
        ``paragraph (2)(A)''.
    Section 8 of the bill amends Section 11 of the NFAHA with 
the following changes:
          (1) amends Section 11(a)(1)(A) of the NFAHA to 
        authorize $97,500,000 for FY 1996, $58,500,000 for FY 
        1997, and $46,800,000 for FY 1998 to be appropriated to 
        the National Endowment for the Arts for carrying out 
        the purposes outlined in Section 5 of the Act; amends 
        section 11(a)(1)(B) to require that, of the funds 
        appropriated under (1)(A), 80 percent shall be 
        available for basic state grants under newly-designated 
        Section 5(e), and 20 percent shall be available for 
        strengthening the quality of institutions and 
        organizations under newly-designated Section 5(k), of 
        which not less than 10 percent must be used to 
        strengthen developing arts organizations in rural, 
        inner city and underserved areas under newly-designated 
        Section 5(k)(2); amends Section 11(a)(2)(A) to 
        authorize $137,920,000 for FY 1996, $110,340,000 for FY 
        1997, and $88,270,000 for FY 1998 for the National 
        Endowment for the Humanities for carrying out the 
        purposes outlined in Section 7 of the NFAHA; amends 
        Section 11(a)(2)(B) to require that, of the funds 
        appropriated under (2)(A), 80 percent shall be 
        available for basic state grants under newly-designated 
        Section 7(d), and 20 percent shall be available for 
        strengthening the quality of institutions and 
        organizations under newly-designated Section 7(e); 
        amends Section 11(a)(3)(A) to authorize additional 
        appropriations in any fiscal year ending prior to 
        October 1, 1997 for the National Endowment for the Arts 
        in an amount equal to the sum of the value of non-
        federal donations received by the NEA for purposes of 
        newly-designated Section 5(k)(1), and value of non-
        Federal donations received by grantees of the NEA for 
        purposes of Section 5(k)(1); amends Section 11(a)(3)(B) 
        to authorize additional appropriations in any fiscal 
        year ending prior to October 1, 1997 for the National 
        Endowment for the Humanities in an amount equal to the 
        sum of the value of non-Federal donations received by 
        the NEH for the purposes of newly-designated Section 
        7(e)(1), and the value of non-Federal donations 
        received by grantees of the NEH for purposes of Section 
        7(e)(1); amends Section 11(a)(3)(C) to ensure that 
        funds shall remain available for obligation and 
        expenditure until expended; amends Section 11(a)(4) to 
        redesignate as Section 11(a)(3)(D) and to require the 
        Chairpersons of the NEA and NEH to issue guidelines to 
        implement subparagraphs (A) and (B).
          (2) Amends Section 11(c) to reduce funds authorized 
        for the administration of the National Endowment for 
        the Arts and the National Endowment for the Humanities 
        to $5,000,000 respectively.
          (3) Amends Section 11(d) as follows:
                  (A) limits the total amount appropriated to 
                carry out the activities of the National 
                Endowment for the Arts to $97,500,000 for FY 
                1996, $58,500,000 for FY 1997, and $46,800,000 
                for FY 1998.
                  (B) limits the total appropriated to carry 
                out the activities of the National Endowment 
                for the Humanities to $137,920,000 for FY 1996, 
                $110,340,000 for FY 1997, and $88,270,000 for 
                FY 1998.
          (4) Amends subsection 11(f)(1) to lower the amount 
        required to be appropriated for the National Endowment 
        for the Arts in order to implement Section 5A, Access 
        to the Arts Through the Support of Education. This 
        trigger is lowered from $175,000,000 to $105,000,000.
    Section 9 of the bill amends Section 209 of the Museum 
Services Act to authorize $28,770,000 for each of Fiscal Years 
1996, 1997, and 1998 for the Institute for Museum Services. In 
addition, this section eliminates the authorization of under 
Section 209(e) funding to carry out a survey of certain 
museums.
    Section 10 makes technical and conforming amendments to the 
National Foundation on the Arts and Humanities Act of 1965 and 
the Museum Services Act as follows:
          (a) makes technical corrections and other conforming 
        changes to sections 2, 3, 5A and 9 of the National 
        Foundation on the Arts and Humanities Act of 1965;
          (b) repeals Section 211 of the Museum Services Act, 
        which provides for an already-completed assessment of 
        small, emerging, minority, and rural museums.
    Section 11 repeals the National Foundation on the Arts and 
Humanities Act of 1965.
    Section 12 conforms other acts to reflect the repeal of the 
National Foundation on the Arts and Humanities Act of 1965. 
Affected provisions include:
          (a) Poet Laureate Consultant--amends Section 610 of 
        the Arts, Humanities, and Museums Amendments of 1985 (2 
        U.S.C. 177).
          (b) Executive Schedule Pay Rate--amends Section 5314 
        of Title 5 of United States Code.
          (c) Inspector General Act of 1978--amends Subsection 
        (a)(2) of the first section 8G of the Inspector General 
        Act of 1978 (5 U.S.C. App. 8G(a)(2)).
          (d) Delta Region Preservation Commission--amends 
        Section 907(a) of the National Parks and Recreation Act 
        (16 U.S.C. 230f(a)).
          (e) Woodrow Wilson International Center for 
        Scholars--amends Section 3 of the Woodrow Wilson 
        Memorial Act of 1968 (20 U.S.C. 80f).
          (f) Institute of Museum Services--amends Sections 
        204(a)(2)(A) and 205(b) of the Museum Services Act (20 
        U.S.C. 961-969).
          (g) National Teacher Academies--amends Section 
        514(b)(4) of the Higher Education Act of 1965 (20 
        U.S.C. 1103c(b)(4)).
          (h) Jacob K. Javits Fellowship Program--amends 
        Section 932(a)(3) of the Higher Education Act of 1965 
        (20 U.S.C. 1134i(a)(3)).
          (i) Graduate Assistance in Area of National Need--
        amends Section 943(b) of the Higher Education Act of 
        1965 (20 U.S.C. 1134n(b)).
          (j) American Folklife Center--amends Section 4(b) of 
        the American Folklife Preservation Act (20 U.S.C. 
        2103(b)).
          (k) Japan-United States Friendship Commission--amends 
        Section 4(a) of the Japan-United States Friendship 
        Commission (22 U.S.C. 2903(a)).
          (l) Standards and Systems for Outdoor Advertising 
        Signs--amends section 131(q)(1) of Title 23, United 
        States Code.
          (m) International Culture and Trade Center 
        Commission--amends Section 7(c)(1) of the Federal 
        Triangle Development Act (40 U.S.C. 1106(c)(1)).
          (n) Liveable Cities--amends Sections 804 and 805 of 
        the Livable Cities Act of 1978 (42 U.S.C. 8143 et 
        seq.).
          (o) National Archives Trust Fund Board--amends 
        Section 2301 of Title 44, United States Code.
          (p) Conversion of Railroad Passenger Terminals--
        amends sections 5562, 5563(a)(4), 5564(c)(1)(C), and 
        5565(c)(1)(B) of Title 49, United States Code.
          (q) National Security Education Board--amends Section 
        803(b) of the National Security Education Act of 1991 
        (50 U.S.C. 903(b)).
          (r) Goals 2000: Educate America Act--amends Sections 
        232(b)(3)(B), 921(j), and 931(h)(3) of the Goals 2000: 
        Educate America Act (P.L. 103-382).
          (s) Elementary and Secondary Education Act of 1965--
        amends Sections 2101(b), 2205(c)(1)(D), 
        2208(d)(1)(H)(v), 2209(b)(1)(C)(vi), 3121(c)(2), 10401, 
        10411(a), 10412(b), and 10414(a)(2)(B) of the 
        Elementary and Secondary Education Act of 1965 as 
        amended by the Improving America's Schools Act (P.L. 
        103-382).
          (t) Delta Region Heritage; New Orleans Jazz 
        Commission--amends Sections 1104(b) and 1207(b)(6) of 
        Public Law 103- 433 (108 Stat. 4515).
    Section 13 of the bill sets forth effective dates and 
savings provisions as follows:
          (a)(1) notes that in general, amendments made by this 
        Act are effective October 1, 1995;
          (2) provides an effective date of October 1, 1998 for 
        repealers and related conforming amendments.
          (b) provides that amendments or repeals made by this 
        act shall not apply with respect to claims or 
        obligations applicable to financial assistance made 
        prior to the effective date, or to administrative 
        actions commenced or authorized prior to such date.

                  Oversight Findings of the Committee

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives and clause 2(b)(1) of 
rule X of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in the body of this report.

                     Inflationary Impact Statement

    In compliance with clause 2(l)(4) of Rule XI of the Rules 
of the House of Representatives, the Committee estimates that 
the enactment into law of H.R. 1557 will have no inflationary 
impact on prices and costs in the operation of the national 
economy.

                    Government Reform and Oversight

    With respect to the requirement of clause 2(l)(3)(D) of 
Rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 1557.

                           Committee Estimate

    Clause 7 of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 1557. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                Application of Law to Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. This bill provides funds to States for programs and 
services to eligible recipients; the bill does not prohibit 
legislative branch employees from otherwise being eligible for 
grants authorized.
                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget & Impoundment 
Control Act requires a statement of whether the provisions of 
the reported bill include unfunded mandates; the bill provides 
funds for administration of the programs authorized under this 
bill at the state and local level and as such does not contain 
any unfunded mandates.

   New Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the House of Representatives and section 308(a) of 
the Congressional Budget Act of 1974 and with respect to 
requirements of clause 2(l)(3)(C) of rule XI of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for H.R. 1557 from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 18, 1995.
Hon. William F. Goodling,
Chairman, Committee on Economic and Educational Opportunities, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1557, the Arts, 
Humanities, and Museum Service Amendments of 1995, as ordered 
reported by the House Committee on Economic and Educational 
Opportunities on May 10, 1995.
    The bill would not affect direct spending or receipts and 
thus would not be subject to pay-as-you-go procedures under 
section 252 of the Balanced Budget and Emergency Deficit 
Control Act of 1985.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                          June E. O'Neil, Director.
    Enclosure.

               Congressional Budget Office Cost Estimate

    1. Bill number: H.R. 1557.
    2. Bill title: Arts, Humanities, and Museum Services 
Amendments of 1995.
    3. Bill status: As ordered reported by the House Committee 
on Economic and Educational Opportunities on May 10, 1995.
    4. Bill purpose: H.R. 1557 would authorize appropriations 
for fiscal years 1996, 1997, and 1998 for the National 
Endowment for the Arts, the National Endowment for the 
Humanities, and the Institute for Museum Services. It would 
also repeal the National Foundation on the Arts and the 
Humanities Act of 1965, effective October 1, 1998.
    5. Estimated cost to the Federal Government: Enactment of 
H.R. 1557 would gradually eliminate funding for the National 
Endowment for the Arts and the National Endowment for the 
Humanities over the 1996 to 1998 period. In addition, the bill 
would reauthorize funds through 1998 for the Institute for 
Museum Services at levels similar to the 1995 appropriation. 
The budgetary effects of the legislation are summarized below:

----------------------------------------------------------------------------------------------------------------
                                                   1995       1996       1997       1998       1999       2000  
----------------------------------------------------------------------------------------------------------------
        NATIONAL ENDOWMENT FOR THE ARTS                                                                         
                                                                                                                
Spending Under Current Law:                                                                                     
    Budget Authority \1\......................      167.4  .........  .........  .........  .........  .........
    Estimated Outlays.........................      165.9      113.6       33.6       14.4        0.0        0.0
Proposed Changes:                                                                                               
    Authorization Level.......................  .........       97.5       58.5       46.8  .........  .........
    Estimated Outlays.........................  .........       54.0       70.5       51.7       22.6        2.9
Spending Under H.R. 1557:                                                                                       
    Authorization Level \1\...................      167.4       97.5       58.5       46.8  .........  .........
    Estimated Outlays.........................      165.9      167.5      104.1       66.1       22.6        2.9
                                                                                                                
     NATIONAL ENDOWMENT FOR THE HUMANITIES                                                                      
                                                                                                                
Spending Under Current Law:                                                                                     
    Budget Authority \1\......................      177.0  .........  .........  .........  .........  .........
    Estimated Outlays.........................      184.8      104.2       40.4        8.9  .........  .........
Proposed Changes:                                                                                               
    Authorization Level.......................  .........      137.9      110.3       88.3  .........  .........
    Estimated Outlays.........................  .........       88.2      112.6       95.9       33.4        5.2
Spending Under H.R. 1557:                                                                                       
    Authorization Level \1\...................      177.0      137.9      110.3       88.3  .........  .........
    Estimated Outlays.........................      184.8      192.4      153.0      104.8       33.4        5.2
                                                                                                                
         INSTITUTE FOR MUSEUM SERVICES                                                                          
                                                                                                                
Spending Under Current Law:                                                                                     
    Budget Authority \1\......................       28.7  .........  .........  .........  .........  .........
    Estimated Outlays.........................       45.9       20.4  .........  .........  .........  .........
Proposed Changes:                                                                                               
    Authorization Level.......................  .........       28.8       28.8       28.8  .........  .........
    Estimated Outlays.........................  .........        8.3       28.8       28.8       20.4  .........
Spending Under H.R. 1557:                                                                                       
    Authorization Level \1\...................       28.7       28.8       28.8       28.8  .........  .........
    Estimated Outlays.........................       45.9       28.7       28.8       28.8       20.4  .........
----------------------------------------------------------------------------------------------------------------
\1\ The 1995 figure is the amount actually appropriated for that fiscal year.                                   
                                                                                                                
Note: Details may not add to totals due to rounding.                                                            

    The costs of this bill fall within budget function 500.
    6. Basis of estimate: H.R. 1557 amends the National 
Foundation on the Arts and the Humanities Act of 1965 by 
reauthorizing appropriations for the National Endowments for 
the Arts and Humanities. The amounts authorized for fiscal 
years 1996 through 1998 are stated in the bill. Estimated 
outlays assume full appropriation of the amounts authorized. 
The bill would distribute a larger share of the endowments' 
funds through basic state grants rather than national grants; 
consequently, CBO assumes the funds would be spent more quickly 
than under current law. Effective October 1, 1998, the National 
Foundation on the Arts and Humanities Act of 1965 would be 
repealed, and the two endowments would be eliminated.
    In addition, H.R. 1557 would amend the Museum Services Act 
by reauthorizing appropriations for the Institute for Museum 
Services. The amounts authorized for fiscal years 1996 through 
1998 are stated in the bill. Estimated outlays assume full 
appropriation of the amounts authorized and the continuation of 
the current spending pattern. H.R. 1557 would not repeal the 
Museum Services Act.
    7. Pay-as-you-go considerations: None.
    8. Estimated cost to State and local governments: The 
federal share of grants and agreements entered into for the 
purpose of encouraging and developing arts education cannot 
exceed 50 percent of the cost of the activity for which the 
grant is made. State and local governemnts or private entities 
would assume the remaining cost of the activity.
    9. Estimate comparison: None.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: John Tapogna.
    12. Estimate approved by: Robert A. Sunshine, for Paul N. 
Van de Water, Assistant Director for Budget Analysis.
                             Rollcall Votes

             MOTION TO ORDER REPORTED H.R. 1557, AS AMENDED

    The bill H.R. 1557 as amended, was ordered reported 
favorably to the House by a vote of 19 ayes to 2 noes with 18 
Members voting present, on May 10, 1995.
    The rollcall vote is as follows:

                                                                        
         AYES                   NOES                    PRESENT         
                                                                        
Chairman Goodling      Mr. Riggs              Mr. Castle                
Mr. Petri              Mrs. Mink              Mr. Johnson               
Mrs. Roukema                                  Mr. Souder                
Mr. Gunderson                                 Mr. Clay                  
Mr. Fawell                                    Mr. Kildee                
Mr. Ballenger                                 Mr. Martinez              
Mr. Barrett                                   Mr. Owens                 
Mr. Hoekstra                                  Mr. Sawyer                
Mr. McKeon                                    Mr. Payne                 
Mrs. Meyers                                   Mr. Andrews               
Mr. Talent                                    Mr. Reed                  
Mr. Greenwood                                 Mr. Roemer                
Mr. Hutchinson                                Mr. Engel                 
Mr. Knollenberg                               Mr. Becerra               
Mr. Graham                                    Mr. Scott                 
Mr. Weldon                                    Ms. Woolsey               
Mr. Funderburk                                Mr. Romero-               
Mr. McIntosh                                    Barcelo                 
Mr. Norwood                                   Mr. Reynolds              
                                                                        


  MOTION TO ADOPT THE GOODLING AMENDMENT IN THE NATURE OF A SUBSTITUTE

    The Goodling substitute to the bill H.R. 1557 was adopted 
by voice vote on May 10, 1995. The substitute phases-out the 
National Endowment for the Arts and the National Endowment for 
the Humanities over a 3 year period. The Institute of Museum 
Services is authorized for an additional 3 years at a $28.77 
million level each year.

                          VOTES ON AMENDMENTS

    The Committee defeated a substitute amendment (19 ayes to 
24 noes) offered by Mr. Williams of Montana to provide a simple 
extension of the authorization of the NEA, NEH, and IMS for an 
additional two years at ``such sums as necessary.''
    The rollcall vote was as follows:
        AYES                          NOES
Mrs. Roukema                        Chairman Goodling
Mr. Clay                            Mr. Petri
Mr. Miller                          Mr. Gunderson
Mr. Kildee                          Mr. Fawell
Mr. Williams                        Mr. Ballenger
Mr. Martinez                        Mr. Barrett
Mr. Owens                           Mr. Cunningham
Mr. Sawyer                          Mr. Hoekstra
Mr. Payne                           Mr. McKeon
Mrs. Mink                           Mr. Castle
Mr. Andrews                         Mrs. Meyers
Mr. Reed                            Mr. Johnson
Mr. Engel                           Mr. Talent
Mr. Becerra                         Mr. Greenwood
Mr. Scott                           Mr. Hutchinson
Mr. Green                           Mr. Knollenberg
Ms. Woolsey                         Mr. Riggs
Mr. Romero-Barcelo                  Mr. Graham
Mr. Reynolds                        Mr. Weldon
                                    Mr. Funderburk
                                    Mr. Souder
                                    Mr. McIntosh
                                    Mr. Norwood
                                    Mr. Roemer
    The Committee defeated an amendment (11 ayes to 31 noes) 
offered by Mr. Johnson to eliminate the National Endowment for 
the Arts and the National Endowment for the Humanities 
effective October 1, 1995.
    The rollcall vote is as follows:
        AYES                          NOES
Mr. McKeon                          Chairman Goodling
Mr. Johnson                         Mr. Petri
Mr. Talent                          Mrs. Roukema
Mr. Hutchinson                      Mr. Gunderson
Mr. Riggs                           Mr. Fawell
Mr. Graham                          Mr. Ballenger
Mr. Weldon                          Mr. Barrett
Mr. Funderburk                      Mr. Hoekstra
Mr. Souder                          Mr. Castle
Mr. McIntosh                        Mrs. Meyers
Mr. Norwood                         Mr. Greenwood
                                    Mr. Knollenberg
                                    Mr. Clay
                                    Mr. Miller
                                    Mr. Kildee
                                    Mr. Williams
                                    Mr. Martinez
                                    Mr. Owens
                                    Mr. Sawyer
                                    Mr. Payne
                                    Mrs. Mink
                                    Mr. Andrews
                                    Mr. Reed
                                    Mr. Roemer
                                    Mr. Engel
                                    Mr. Becerra
                                    Mr. Scott
                                    Mr. Green
                                    Ms. Woolsey
                                    Mr. Romero-Barcelo
                                    Mr. Reynolds

                                     U.S. Congress,
                                  House of Representatives,
                                      Washington, DC, May 10, 1995.
Hon. William Goodling,
Chairman, House Economic and Educational Opportunities Committee, 
        Washington, DC.
    Dear Mr. Chairman: I missed by seconds the closing of the 
committee vote today on reporting the National Foundation on 
the Arts and Humanities Act to the full House. Had I cast my 
vote, I would like the record to show I would have voted 
``aye.''
    Thank you. Please insert this statement at the appropriate 
point in the record.
            Sincerely,
                                 Randy ``Duke'' Cunningham,
                                                Member of Congress.
         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italics, existing law in which no change is proposed 
is shown in roman):

   NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES ACT OF 1965 \1\

    \1\ Effective October 1, 1998, this Act is repealed.
 AN ACT To provide for the establishment of the National Foundation on 
the Arts and the Humanities to promote progress and scholarship in the 
 humanities and the arts in the United States, 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 ``National Foundation 
on the Arts and the Humanities Act of 1965''.
                  declaration of findings and purposes
  Sec. 2. The Congress finds and declares the following:
          (1) The arts and the humanities belong to all the 
        people of the United States.
          (2) The encouragement and support of national 
        progress and scholarship in the arts and the humanities 
        is primarily a matter for private and local initiative.
          [(2) The encouragement and support of national 
        progress and scholarship in the humanities and the 
        arts, while primarily a matter for private and local 
        initiative, are also appropriate matters of concern to 
        the Federal Government.
          [(3) An advanced civilization must not limit its 
        efforts to science and technology alone, but must give 
        full value and support to the other great branches of 
        scholarly and cultural activity in order to achieve a 
        better understanding of the past, a better analysis of 
        the present, and a better view of the future.
          [(4) Democracy demands wisdom and vision in its 
        citizens. It must therefore foster and support a form 
        of education, and access to the arts and the 
        humanities, designed to make people of all backgrounds 
        and wherever located masters of their technology and 
        not its unthinking servants.
          [(5) It is necessary and appropriate for the Federal 
        Government to complement, assist, and add to programs 
        for the advancement of the humanities and the arts by 
        local, State, regional, and private agencies and their 
        organizations. In doing so, the Government must be 
        sensitive to the nature of public sponsorship. Public 
        funding of the arts and humanities is subject to the 
        conditions that traditionally govern the use of public 
        money. Such funding should contribute to public support 
        and confidence in the use of taxpayer funds. Public 
        funds provided by the Federal Government must 
        ultimately serve public purposes the Congress defines.
          [(6) The arts and the humanities reflect the high 
        place accorded by the American people to the nation's 
        rich cultural heritage and to the fostering of mutual 
        respect for the diverse beliefs and values of all 
        persons and groups.
          [(7) The practice of art and the study of the 
        humanities require constant dedication and devotion. 
        While no government can call a great artist or scholar 
        into existence, it is necessary and appropriate for the 
        Federal Government to help create and sustain not only 
        a climate encouraging freedom of thought, imagination, 
        and inquiry but also the material conditions 
        facilitating the release of this creative talent.
          [(8) The world leadership which has come to the 
        United States cannot rest solely upon superior power, 
        wealth, and technology, but must be solidly founded 
        upon worldwide respect and admiration for the Nation's 
        high qualities as a leader in the realm of ideas and of 
        the spirit.
          [(9) Americans should receive in school, background 
        and preparation in the arts and humanities to enable 
        them to recognize and appreciate the aesthetic 
        dimensions of our lives, the diversity of excellence 
        that comprises our cultural heritage, and artistic and 
        scholarly expression.
          [(10) It is vital to a democracy to honor and 
        preserve its multicultural artistic heritage as well as 
        support new ideas, and therefore it is essential to 
        provide financial assistance to its artists and the 
        organizations that support their work.
          [(11) To fulfill its educational mission, achieve an 
        orderly continuation of free society, and provide 
        models of excellence to the American people, the 
        Federal Government must transmit the achievement and 
        values of civilization from the past via the present to 
        the future, and make widely available the greatest 
        achievements of art.
          [(12) In order to implement these findings and 
        purposes, it is desirable to establish a National 
        Foundation on the Arts and the Humanities.]
                              definitions
  Sec. 3. As used in this Act--
  (a)  * * *
  (b) The term ``the 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, industrial 
design, 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.] country, 
and the study and application of the arts to the human 
environment.
  (c) 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, and tape] and video, tape, and 
sound recordings, and any other activities involving the 
execution or rendition of the arts and meeting such standards 
as may be approved by the National Endowment for the Arts 
established by section 5 of this Act.
  (d) The term ``project'' means programs organized to carry 
out the purposes of this Act, 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, and includes, where 
appropriate, rental or purchase of facilities, purchase or 
rental of land, and acquisition of equipment. Such term also 
includes--
          (1) the renovation of facilities if (A) the amount of 
        the expenditure of Federal funds for such purpose in 
        the case of any project does not exceed $250,000, or 
        (B) two-thirds of the members of the National Council 
        on the Arts or the National Council on the Humanities, 
        as the case [may be] may be, (who are present and 
        voting) approve of the grant or contract involving an 
        expenditure for such purpose; and
          (2) for purposes of [sections 5(l) and 7(h)] sections 
        5(k) and 7(e) only, the construction of facilities if 
        (A) such construction is for demonstration purposes or 
        under unusual circumstances where there is no other 
        manner in which to accomplish an artistic or humanistic 
        purpose, and (B) two-thirds of the members of the 
        National Council on the [Arts and] Arts or the National 
        Council on the Humanities, as the case may be, (who are 
        present and voting) approve of the grant or contract 
        involving an expenditure for such purpose.
          * * * * * * *
          establishment of the national endowment for the arts
  Sec. 5. (a) There is established within the Foundation a 
National Endowment for the Arts.
  (b)(1) The Endowment shall be headed by a chairperson, to be 
known as the Chairperson of the National Endowment for the 
Arts, who shall be appointed by the President, by and with the 
advice and consent of the Senate.
  (2) The term of office of the Chairperson shall be [four] 3 
years and the Chairperson shall be eligible for reappointment. 
The provisions of this subsection shall apply to any person 
appointed to fill a vacancy in the office of Chairperson. Upon 
expiration of the Chairperson's term of office the Chairperson 
shall serve until the Chairperson's successor shall have been 
appointed and shall have qualified.
  [(c) The Chairperson, with the advice of the National Council 
on the Arts, is authorized to establish and carry out a program 
of contracts with, or grants-in-aid or loans to, groups, or, in 
appropriate cases, individuals of exceptional talent engaged in 
or concerned with the arts, for the purpose of enabling them to 
provide or support--
          [(1) projects and productions which have substantial 
        national or international artistic and cultural 
        significance, giving emphasis to American creativity 
        and cultural diversity and to the maintenance and 
        encouragement of professional excellence;
          [(2) projects and productions, meeting professional 
        standards of authenticity or tradition, irrespective of 
        origin, which are of significant merit and which, 
        without such assistance, would otherwise be unavailable 
        to our citizens for geographic or economic reasons;
          [(3) projects and productions that will encourage and 
        assist artists and enable them to achieve wider 
        distribution of their works, to work in residence at an 
        educational or cultural institution, or to achieve 
        standards of professional excellence;
          [(4) projects and productions which have substantial 
        artistic and cultural significance and that reach, or 
        reflect the culture of, a minority, inner city, rural, 
        or tribal community;
          [(5) projects and productions that will encourage 
        public knowledge, education, understanding, and 
        appreciation of the arts;
          [(6) workshops that will encourage and develop the 
        appreciation and enjoyment of the arts by our citizens;
          [(7) programs for the arts at the local level;
          [(8) projects that enhance managerial and 
        organizational skills and capabilities;
          [(9) projects, productions, and workshops of the 
        kinds described in paragraphs (1) through (8) through 
        film, radio, video, and similar media, for the purpose 
        of broadening public access to the arts; and
          [(10) other relevant projects, including surveys, 
        research, planning, and publications relating to the 
        purposes of this subsection.
In the case of publications under paragraph (10) of this 
subsection such publications may be supported without regard 
for the provisions of section 501 of title 44, United States 
Code, only if the Chairperson consults with the Joint Committee 
on Printing of the Congress and the Chairperson submits to the 
Committee on Labor and Human Resources of the Senate and the 
Committee on Education and Labor of the House of 
Representatives a report justifying any exemption from such 
section 501. Any loans made by the Chairperson under this 
subsection shall be made in accordance with terms and 
conditions approved by the Secretary of the Treasury. 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 
artists and artistic groups that have traditionally been 
underrepresented.
  [(d)] (c) No payment shall be made under [this section] 
subsection (k)(1) except upon application therefor which is 
submitted to the National Endowment for the Arts in accordance 
with regulations issued and procedures established by the 
Chairperson. In establishing such regulations and procedures, 
the Chairperson shall ensure that--
          (1) artistic excellence and artistic merit are the 
        criteria by which applications are judged, taking into 
        consideration general standards of decency and respect 
        for the diverse beliefs and values of the American 
        public; and
          (2) applications are consistent with the purposes of 
        [this section] subsection (k)(1). Such regulations and 
        procedures shall clearly indicate that obscenity is 
        without artistic merit, is not protected speech, and 
        shall not be funded. Projects, productions, workshops, 
        and programs that are determined to be obscene are 
        prohibited from receiving financial assistance under 
        this Act from the National Endowment for the Arts.
The disapproval or approval of an application by the 
Chairperson shall not be construed to mean, and shall not be 
considered as evidence that, the project, production, workshop, 
or program for which the applicant requested financial 
assistance is or is not obscene.
  [(e) The total amount of any grant to any group pursuant to 
subsection (c) of this section shall not exceed 50 per centum 
of the total cost of such project or production, except that 
not more than 20 per centum of the funds allotted by the 
National Endowment for the Arts for the purposes of subsection 
(c) for any fiscal year may be available for grants and 
contracts in that fiscal year without regard to such 
limitation.
  [(f)] (d) Any group shall be eligible for financial 
assistance pursuant to this section only if (1) no part of its 
net earnings inures to the benefit of any private stockholder 
or stockholders, or individual or individuals, and (2) 
donations to such group are allowable as a charitable 
contribution under the standards of subsection (c) of section 
170 of the Internal Revenue Code of 1986.
  [(g)] (e)(1) The Chairperson, with the advice of the National 
Council on the Arts, is authorized to establish and carry out a 
program of grants-in-aid to assist the several States in 
[supporting existing projects and productions which meet the 
standards enumerated in section 5(c) of this Act,] supporting--
          (A) projects and productions which have substantial 
        national or international artistic and cultural 
        significance, giving emphasis to American creativity 
        and cultural diversity and to the maintenance and 
        encouragement of professional excellence;
          (B) projects and productions, meeting professional 
        standards of authenticity or tradition, irrespective of 
        origin, which are of significant merit and which, 
        without such assistance, would otherwise be unavailable 
        to our citizens for geographic or economic reasons;
          (C) projects and productions that will encourage and 
        assist artists and enable them to achieve wider 
        distribution of their works, to work in residence at an 
        educational or cultural institution, or to achieve 
        standards of professional excellence;
          (D) projects and productions which have substantial 
        artistic and cultural significance and that reach, or 
        reflect the culture of, a minority, inner city, rural, 
        or tribal community;
          (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 citizens;
          (G) programs for the arts at the local level;
          (H) projects that enhance managerial and 
        organizational skills and capabilities; and
          (I) projects, productions, and workshops of the kinds 
        described in subparagraphs (A) through (H) through 
        film, radio, video, and similar media, for the purpose 
        of broadening public access to the arts;
and in developing projects and productions in the arts in such 
a manner as will furnish adequate programs, facilities, and 
services in the arts to all the people and communities in each 
of the several States.
  (2) In order to receive assistance under this subsection in 
any fiscal year, a State shall submit an application for such 
grants at such time as shall be specified by the Chairperson 
and accompany such applications with a plan which the 
Chairperson finds--
          (A)  * * *
          (B) provides that funds paid to the State under this 
        subsection will be expended solely on projects and 
        productions approved by the State agency which carry 
        out one or more of the objectives of [subsection (c)] 
        paragraph (1);
          * * * * * * *
  (3) Of the sums available to carry out this subsection for 
any fiscal year, each State which has a plan approved by the 
Chairperson shall be allotted at least $200,000. If the sums 
appropriated are insufficient to make the allotments under the 
preceding sentence in full, such sums shall be allotted among 
such States in equal amounts. In any case where the sums 
available to carry out this subsection for any fiscal year are 
in excess of the amount required to make the allotments under 
the first sentence of this paragraph--
          (A)  * * *
          (B) the amount of such excess, if any, which remains 
        after reserving in full for the Chairperson the amount 
        required under clause (A) shall be allotted among the 
        States which have plans approved by the Chairperson in 
        equal amounts;
but in no event shall any State be allotted less than $200,000.
          * * * * * * *
  (5) All amounts allotted or made available under paragraph 
(3) for a fiscal year which are not granted to a State during 
such year shall be available at the end of such year to the 
National Endowment for the Arts for the purpose of carrying out 
[section 5(c)] subsection (k)(1).
  [(h)] (f) Whenever the Chairperson, after reasonable notice 
and opportunity for hearing, finds that--
          [(1) a group is not complying substantially with the 
        provisions of this section;
          [(2)] (1) a State agency is not complying 
        substantially with terms and conditions of its State 
        plan approved under this section; or
          [(3)] (2) any funds granted to a [group or] State 
        agency under this section have been diverted from the 
        purposes for which they were allotted or paid,
the Chairperson shall immediately notify the Secretary of the 
Treasury and the [group or] State agency with respect to which 
such finding was made that no further grants will be made under 
this section to such [group or] agency until there is no longer 
any default or failure to comply or the diversion has been 
corrected, or, if compliance or correction is impossible, until 
such [group or] agency repays or arranges the repayment of the 
Federal funds which have been improperly diverted or expended.
  [(i)] (g) It shall be a condition of the receipt of financial 
assistance provided under this section by the Chairperson or 
the State agency that the applicant for such assistance include 
in its application--
          (1)  * * *
          * * * * * * *
  [(j) The Chairperson shall issue regulations to provide for 
the distribution of financial assistance to recipients in 
installments except in those cases where the Chairperson 
determines that installments are not practicable. In 
implementing any such installments, the Chairperson shall 
ensure that--
          [(1) not more than two-thirds of such assistance may 
        be provided at the time such application is approved; 
        and
          [(2) the remainder of such assistance may not be 
        provided until the Chairperson finds that the recipient 
        of such assistance is complying substantially with this 
        section and with the conditions under which such 
        assistance is provided to such recipient.
  [(k)] (h) The Inspector General of the Endowment shall 
conduct appropriate reviews to ensure that recipients of 
financial assistance under this section comply with the 
regulations under this Act that apply with respect to such 
assistance, including regulations relating to accounting and 
financial matters.
  [(l)] (i)(1) If, after reasonable notice and opportunity for 
a hearing on the record, the Chairperson determines that a 
recipient of financial assistance provided under this section 
by the Chairperson or any non-Federal entity, used such 
financial assistance for a project, production, workshop, or 
program that is determined to be obscene, then the Chairperson 
shall require that until such recipient repays such assistance 
(in such amount, and under such terms and conditions, as the 
Chairperson determines to be appropriate) to the [Endowment;] 
Endowment, no subsequent financial assistance be provided under 
this section to such recipient.
          * * * * * * *
  [(m) It shall be a condition of the receipt of any grant 
under this section that the group or individual of exceptional 
talent or the State or State agency receiving such grant 
furnish adequate assurances to the Secretary of Labor that (1) 
all professional performers and related or supporting 
professional personnel (other than laborers and mechanics with 
respect to whom labor standards are prescribed in subsection 
(n) of this section) 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 have the authority to 
prescribe standards, regulations, and procedures as the 
Secretary of Labor may deem necessary or appropriate to carry 
out the provisions of this subsection.
  [(n) It shall be a condition of the receipt of any grant 
under this section that the group or individual of exceptional 
talent or the State or State agency 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 the 
Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5). 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 
(15 F.R. 3176; 5 U.S.C. 133z-15) and section 2 of the Act of 
June 13, 1934, as amended (40 U.S.C. 276c).
  [(o)] (j) The Chairperson shall correlate the programs of the 
National Endowment for the Arts insofar as practicable, with 
existing Federal programs 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 Act which can be made by other 
Federal agencies under existing programs. The Chairperson may 
enter into interagency agreements to promote or assist with the 
arts-related activities of other Federal agencies, on a 
reimbursable or nonreimbursable basis, and may use funds 
authorized to be appropriated for the purposes of [subsection 
(c)] section 5(k)(1) for the costs of such activities.
  [(p)] (k)(1) The Chairperson of the National Endowment for 
the Arts, with the advice of the National Council on the Arts, 
is authorized, in accordance with the provisions of this 
subsection, to establish and carry out a program of contracts 
with, or grants-in-aid to, public agencies and private 
nonprofit organizations, on a national, State, or local level, 
for the purpose of strengthening quality by--
          (A)  * * *
          * * * * * * *
          (D) providing additional support for cooperative 
        efforts undertaken by State arts agencies with local 
        arts groups and local arts agencies to promote 
        effective arts activity at the State and local level, 
        including--
                  [(i) support of professional artists in 
                community based residencies;
                  [(ii)] (i) support of rural arts development;
                  [(iii)] (ii) support of and models for 
                regional, statewide, or local organizations to 
                provide technical assistance to cultural 
                organizations and institutions;
                  [(iv)] (iii) support of and models for visual 
                and performing arts touring; and
                  [(v)] (iv) support of and models for 
                professional staffing of arts organizations and 
                for stabilizing and broadening the financial 
                base for arts organizations;
          * * * * * * *
  (2)[(A)] The Chairperson of the National Endowment for the 
Arts, with the advice of the National Council on the Arts, is 
authorized in accordance with this subsection, to establish and 
carry out a program of contracts with, or grants to, States for 
the purposes of--
          [(i)] (A) raising the artistic capabilities of 
        developing arts organizations by providing for--
                  [(I)] (i) artistic and programmatic 
                development to enhance artistic capabilities, 
                including staff development; and
                  [(II)] (ii) technical assistance to improve 
                managerial and organizational skills, financial 
                systems management, and long-range fiscal 
                planning; and
          [(ii)] (B) stimulating artistic activity and 
        awareness and broadening public access to the arts in 
        rural and innercity areas and other areas that are 
        underserved artistically.
  [(B) For purposes of providing financial assistance under 
this paragraph, the Chairperson shall give priority to the 
activities described in subparagraph (A)(i).
  [(C) The Chairperson may not provide financial assistance 
under this paragraph to a particular applicant in more than 3 
fiscal years for the purpose specified in subparagraph (A)(i).
  [(3) The total amount of any payment made under this 
subsection for a program or project may not exceed 50 per 
centum of the cost of such program or project.]
  (3)(A) The total amount of any payment made under paragraph 
(1) for a program or project may not exceed 25 percent of the 
cost of such program or project.
  (B) The total amount of any payment made under paragraph (2) 
for a program or project may not exceed 50 percent of the cost 
of such program or project.
  (4) In carrying out the program authorized by this 
subsection, the Chairperson of the National Endowment for the 
Arts shall have the same authority as is established in 
[subsection (c) and] section 10.
  [(q)] (l) The Chairperson of the National Endowment for the 
Arts shall, in ongoing consultation with State and local 
agencies, 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 arts, artists and arts groups, and their 
audiences. Such system shall include artistic and financial 
trends in the various artistic fields, trends in audience 
participation, and trends in arts education on national, 
regional, and State levels. Such system shall also include 
information regarding the availability of the arts to various 
audience segments, including rural communities. Such system 
shall be used, along with a summary of the data submitted with 
State plans under [subsection (g)] subsection (e), to prepare a 
periodic report on the state of the arts in the Nation. The 
state of the arts report shall include a description of the 
availability of the Endowment's programs to emerging, rural, 
and culturally diverse artists, arts organizations, and 
communities and of the participation by such artists, 
organizations, and communities in such programs. The state of 
the arts report shall be submitted to the President and the 
Congress, and provided to the States, not later than October 1, 
1992, and quadrennially thereafter.

            access to the arts through support of education

  Sec. 5A. (a)  * * *
  (b) The Chairperson of the National Endowment for the [Arts,] 
Arts is authorized to establish and carry out a program of 
contracts with, or grants to, any State or other public agency, 
individual, artist, any nonprofit society, performing and 
nonperforming arts and educational institution or organization, 
association, or museum in the United States, in order to foster 
and encourage exceptional talent, public knowledge, 
understanding, and appreciation of the arts, and to support the 
education, training, and development of this Nation's artists, 
through such [activities as] activities and projects that 
will--
          (1)  * * *
          * * * * * * *

                      national council on the arts

  Sec. 6. (a)  * * *
          * * * * * * *
  (f) The Council shall advise the Chairperson with respect to 
policies, programs, and procedures for carrying out the 
Chairperson's functions, duties, or responsibilities under this 
Act, and review applications for financial assistance under 
this Act and make recommendations to the Chairperson with 
respect to the approval of each application and the amount of 
financial assistance (if any) to provide to each applicant. The 
Council shall make recommendations to the Chairperson 
concerning--
          (1) whether to approve particular applications for 
        financial assistance under [subsections (c) and (p) of 
        section 5] section 5(k) that are determined by panels 
        under section 10(c) to have artistic excellence and 
        artistic merit; and
          (2) the amount of financial assistance the 
        Chairperson should provide with respect to each such 
        application the Council recommends for approval.
The Chairperson shall not approve or disapprove any such 
application until the Chairperson has received the 
recommendation of the Council on such application. The 
Chairperson shall have final authority to approve each 
application[, except that the Chairperson may only provide to 
an applicant the amount of financial assistance recommended by 
the Council and may not approve an application with respect to 
which the Council makes a negative recommendation. In the case 
of an application involving $30,000 or less, the Chairperson 
may approve or disapprove such request if such action is taken 
pursuant to the terms of an expressed and direct delegation of 
authority from the Council to the Chairperson, and provided 
that each such action by the Chairperson shall be reviewed by 
the Council, and that such action shall be used with discretion 
and shall not become a normal practice of providing assistance 
under such subsections, except that the terms of any such 
delegation of authority shall not permit obligations for 
expenditure of funds under such delegation for any fiscal year 
which exceed an amount equal to 10 per centum of the sums 
appropriated for that fiscal year pursuant to subparagraph (A) 
of paragraph (1) of section 11(a)].
       establishment of the national endowment for the humanities
  Sec. 7. (a) There is established within the Foundation the 
National Endowment for the Humanities.
  (b)(1) The Endowment shall be headed by a chairperson, who 
shall be appointed by the President, by and with the advice and 
consent of the Senate.
  (2) The term of office of the Chairperson shall be [four] 3 
years, and the Chairperson shall be eligible for reappointment. 
The provisions of this paragraph shall apply to any person 
appointed to fill a vacancy in the office of the Chairperson. 
Upon expiration of the Chairperson's term of office the 
Chairperson shall serve until the Chairperson's successor shall 
have been appointed and shall have qualified.
  [(c) The Chairperson, with the advice of the National Council 
on the Humanities (hereinafter established), is authorized to 
enter into arrangements, including contracts, grants, loans, 
and other forms of assistance, to--
          [(1) develop and encourage the pursuit of a national 
        policy for the promotion of progress and scholarship in 
        the humanities;
          [(2) initiate and support research and programs to 
        strengthen the research and teaching potential of the 
        United States in the humanities by making arrangements 
        with individuals or groups to support such activities; 
        any loans made by the Endowment shall be made in 
        accordance with terms and conditions approved by the 
        Secretary of the Treasury;
          [(3) initiate and support training and workshops in 
        the humanities by making arrangements with institutions 
        or individuals (fellowships awarded to individuals 
        under this authority may be for the purpose of study or 
        research at appropriate non-profit institutions 
        selected by the recipient of such aid, for stated 
        periods of time);
          [(4) initiate and support programs and research which 
        have substantial scholarly and cultural significance 
        and that reach, or reflect the diversity and richness 
        of our American cultural heritage, including the 
        culture of, a minority, inner city, rural, or tribal 
        community;
          [(5) foster international programs and exchanges;
          [(6) foster the interchange of information in the 
        humanities;
          [(7) foster, with groups, education in, and public 
        understanding and appreciation of the humanities;
          [(8) support the publication of scholarly works in 
        the humanities;
          [(9) insure that the benefit of its programs will 
        also be available to our citizens where such programs 
        would otherwise be unavailable due to geographic or 
        economic reasons; and
          [(10) foster programs and projects that provide 
        access to, and preserve materials important to 
        research, education, and public understanding of, the 
        humanities.
In the case of publications under clause (8) of this subsection 
such publications may be supported without regard for the 
provisions of section 501 of title 44, United States Code, only 
if the Chairperson consults with the Joint Committee on 
Printing of the Congress and the Chairperson submits to the 
Committee on Labor and Human Resources of the Senate and the 
Committee on Education and Labor of the House of 
Representatives a report justifying any exemption from such 
section 501. 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.
  [(d)] (c) 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 Act which can be made by other Federal 
agencies under existing programs.
  [(e) 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.
  [(f)] (d)(1) The Chairperson, with the advice of the National 
Council on the Humanities, is authorized, in accordance with 
the provisions of this subsection, to establish and carry out a 
program of grants-in-aid in each of the several States in order 
to support not more than 50 per centum of the [cost of existing 
activities which meet the standards enumerated in subsection 
(c) of this section,] cost of activities--
          (A) to develop and encourage the pursuit of a 
        national policy for the promotion of progress and 
        scholarship in the humanities;
          (B) to initiate and support research and programs to 
        strengthen the research and teaching potential of the 
        United States in the humanities by making arrangements 
        with individuals or groups to support such activities; 
        any loans made by the Endowment shall be made in 
        accordance with terms and conditions approved by the 
        Secretary of the Treasury;
          (C) to initiate and support training and workshops in 
        the humanities by making arrangements with institutions 
        or individuals (fellowships awarded to individuals 
        under this authority may be for the purpose of study or 
        research at appropriate non-profit institutions 
        selected by the recipient of such aid, for stated 
        periods of time);
          (D) to initiate and support programs and research 
        which have substantial scholarly and cultural 
        significance and that reach, or reflect the diversity 
        and richness of our American cultural heritage, 
        including the culture of a minority, inner city, rural, 
        or tribal community;
          (E) to foster international programs and exchanges;
          (F) to foster the interchange of information in the 
        humanities;
          (G) to foster, with groups, education in, and public 
        understanding and appreciation of the humanities;
          (H) to support the publication of scholarly works in 
        the humanities;
          (I) to insure that the benefit of its programs will 
        also be available to our citizens where such programs 
        would otherwise be unavailable due to geographic or 
        economic reasons; and
          (J) to foster programs and projects that provide 
        access to, and preserve materials important to 
        research, education, and public understanding of, the 
        humanities;
and in order to develop a program in the humanities in such a 
manner as will furnish adequate programs in the humanities in 
each of the several States.
          * * * * * * *
  (2)(A) Whenever a State desires to designate or to provide 
for the establishment of a State agency as the sole agency for 
the administration of the State plan, such State shall 
designate the humanities council in existence on the date the 
State agency is established as the State agency, and shall 
match from State funds a sum equal to 50 per centum of that 
portion of Federal financial assistance received by such State 
under this subsection which is described in the first sentence 
of paragraph (4) relating to the minimum State grant, or 25 per 
centum of the total amount of Federal financial assistance 
received by such State under this subsection, whichever is 
greater, for the fiscal year involved. In any State in which 
the State selects the option described in this subparagraph, 
the State shall submit, before the beginning of each fiscal 
year, an application for grants and accompany such application 
with a plan which the Chairperson finds--
          (i)  * * *
          * * * * * * *
          (vi) provides that the State agency will make such 
        reports, in such form and containing such information, 
        as the [Chairman] Chairperson may require, including a 
        description of the progress made toward achieving the 
        goals of the State plan;
          * * * * * * *
  (3) Whenever a State selects to receive Federal financial 
assistance under this subsection for any fiscal year under 
paragraph (2)(B), any appropriate entity desiring to receive 
such assistance shall submit an application for such assistance 
at such time as shall be specified by the Chairperson. Each 
such application shall be accompanied by a plan which the 
Chairperson finds--
          (A) provides assurances that the grant recipient will 
        comply with the requirements of paragraph (2)(B);
          (B) provides that funds paid to the grant recipient 
        will be expended solely on programs which carry out the 
        objectives of [subsection (c)] paragraph (1);
          * * * * * * *
  (6) All amounts allotted or made available under paragraph 
(4) for a fiscal year which are not granted to any entity 
during such fiscal year shall be available to the National 
Endowment for the Humanities for the purpose of carrying out 
[subsection (c)] subsection (e)(1).
          * * * * * * *
  [(g) 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.
  [(h)] (e)(1) The Chairperson of the National Endowment for 
the Humanities, with the advice of the National Council on the 
Humanities, is authorized, in accordance with the provisions of 
this subsection, to establish and carry out a program of 
contracts with, or grants-in-aid to, public agencies and 
private nonprofit organizations for the purpose of--
          (A)  * * *
          * * * * * * *
  (2)(A) Except as provided in subparagraph (B) of this 
paragraph, the total amount of any payment made under this 
subsection for a program or project may not exceed [50] 25 per 
centum of the cost of such program or project.
  (B) The Chairperson, with the advice of the Council, may 
waive all or part of the requirement of matching funds provided 
in subparagraph (A) of this paragraph, but only for the 
purposes described in clause (F) of paragraph (1), whenever he 
determines that highly meritorious proposals for grants and 
contracts under such clause, could not otherwise be supported 
from non-Federal sources or from Federal sources [other than 
funds authorized by section 11(a)(3)], unless such matching 
requirement is waived. Such waiver may not exceed 15 per centum 
of the amount appropriated in any fiscal year and available to 
the National Endowment for the Humanities for the purpose of 
this subsection.
  (3) In carrying out the program authorized by this 
subsection, the Chairperson of the National Endowment for the 
Humanities shall have the same authority as is established in 
[section 7(c) and] section 10.
  [(i)] (f) 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)] subsection 
(e)(1) for the costs of such activities.
  [(j) It 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 the 
Davis-Bacon Act, as amended (40 U.S.C. 276a--276a-5). 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 
(15 FR 3176; 5 U.S.C. 133z-15) and section 2 of the Act of June 
13, 1934, as amended (40 U.S.C. 276c).
  [(k)] (g) 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)] subsection (d), 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 October 1, 1992, and quadrennially thereafter.
  [(l)] (h) Any group shall be eligible for financial 
assistance under this section only if--
          (1) no part of its net earnings inures to the benefit 
        of any private stockholder or stockholders, or 
        individual or individuals; and
          (2) donations to such group are allowable as a 
        charitable contribution under the standards of section 
        170(c) of the Internal Revenue Code of 1986.
  [(m) The Chairperson, with the advice of the National Council 
on the Humanities, is authorized to make the following annual 
awards:
          [(1) The Jefferson Lecture in the Humanities Award to 
        one individual for distinguished intellectual 
        achievement in the humanities. The annual award shall 
        not exceed $10,000.
          [(2) The Charles Frankel Prize to honor individuals 
        who have made outstanding contributions to the public 
        understanding of the humanities. Not more than 5 
        individuals may receive such prize each year. Each 
        prize shall not exceed $5,000.]

        establishment of the national council on the humanities

  Sec. 8. (a) There is established in the National Endowment 
for the Humanities a National Council on the Humanities.
  (b) The Council shall be composed of the [Chairman] 
Chairperson of the National [Endowment on] Endowment for the 
Humanities, who shall be the [Chairman] Chairperson of the 
Council, and twenty-six other members appointed by the 
President, by and with the advice and consent of the Senate, 
from private life. Such members shall be individuals who (1) 
are selected from among private citizens of the United States 
who are recognized for their broad knowledge of, expertise in, 
or commitment to the humanities, and (2) have established 
records of distinguished service and scholarship or creativity 
and in a manner which will provide a comprehensive 
representation of the views of scholars and professional 
practitioners in the humanities and of the public throughout 
the United States. The President is requested in the making of 
such appointments to give consideration to such recommendations 
as may from time to time be submitted to him by leading 
national organizations concerned with the humanities. In making 
such appointments, the President shall give due regard to 
equitable representation of women, minorities, and individuals 
with disabilities who are involved in the humanities.
          * * * * * * *
  (f) The Council shall (1) advise the Chairperson with respect 
to policies, programs, and procedures for carrying out the 
Chairperson's functions, and (2) shall review applications for 
financial support and make recommendations thereon to the 
Chairperson. The Chairperson shall not approve or disapprove 
any such application until the Chairperson has received the 
recommendation of the Council on such application, unless the 
Council fails to make a recommendation thereon within a 
reasonable time. [In the case of any application involving 
$30,000, or less, the Chairperson may approve or disapprove 
such request if such action is taken pursuant to the terms of a 
delegation of authority from the Council to the Chairperson, 
and provided that each such action by the Chairperson shall be 
reviewed by the Council: Provided, That the terms of any such 
delegation of authority shall not permit obligations for 
expenditure of funds under such delegation for any fiscal year 
which exceed an amount equal to 10 per centum of the sums 
appropriated for that fiscal year pursuant to subparagraph (B) 
of paragraph (1) of section 11(a).] The Chairperson shall have 
final authority to approve each application.

  establishment of the federal council on the arts and the humanities

  Sec. 9. (a) There is established within the Foundation a 
Federal Council on the Arts and the Humanities.
  (b) The Council shall be composed of the Chairperson of the 
National Endowment for the Arts, the Chairperson of the 
National Endowment for the Humanities, the Director of the 
Institute of Museum Services, the Secretary of Education, the 
Secretary of the Smithsonian Institution, the Director of the 
National Science Foundation, the Librarian of Congress, the 
Director of the National Gallery of Art, the Chairman of the 
Commission of Fine Arts, the Archivist of the United States, 
the Commissioner, Public Buildings Service, General Services 
Administration, the Assistant Secretary for Aging, a member 
designated by the [Secretary of State] Director of the United 
States Information Agency, and a member designated by the 
Secretary of the Interior, a member designated by the Chairman 
of the Senate Commission on Art and Antiquities, and a member 
designated by the Speaker of the House. The President shall 
designate the presiding officer of the Council from among the 
members. The President is authorized to change the membership 
of the Council from time to time as the President deems 
necessary to meet changes in Federal programs or executive 
branch organization.
          * * * * * * *

                       administrative provisions

  Sec. 10. (a) In addition to any authorities vested in them by 
other provisions of this Act, the Chairperson of the National 
Endowment for the Arts and the Chairperson of the National 
Endowment for the Humanities, in carrying out their respective 
functions, shall each have authority--
          (1) to prescribe such regulations as the Chairperson 
        deems necessary governing the manner in which the 
        Chairperson's functions shall be carried out;
          (2) in the discretion of the Chairperson of an 
        Endowment, after receiving the recommendation of the 
        National Council of that Endowment, to receive money 
        and other property donated, bequeathed, or devised to 
        that Endowment with or without a condition or 
        restriction, including a condition that the Chairperson 
        use other funds of that Endowment for the purposes of 
        the gift, except that a Chairperson may receive a gift 
        without a recommendation from the Council to provide 
        support for any application or project which can be 
        approved without Council recommendation under the 
        provisions of sections 6(f) and 8(f), and may receive a 
        gift of $15,000, or less, without Council 
        recommendation in the event the Council fails to 
        provide such recommendation within a reasonable period 
        of time, and to use, sell, or otherwise dispose of such 
        property for the purpose of carrying out [sections 5(c) 
        and 7(c)] sections 5 and 7;
          * * * * * * *
          (5) to accept and utilize the services of voluntary 
        and uncompensated personnel and reimburse them for 
        travel expenses, including per diem, as authorized by 
        law [(5 U.S.C. 73b-2)] (5 U.S.C. 5703) for persons in 
        the Government service employed without compensation;
          * * * * * * *
  (b)(1) In any case in which any money or other property is 
donated, bequeathed, or devised to the Foundation without 
designation of the Endowment for the benefit of which such 
property is intended, and without condition or restriction 
other than that it be used for the purposes of the Foundation, 
such property shall be deemed to have been donated, bequeathed, 
or devised in equal shares to each Endowment and each 
Chairperson of an Endowment shall have authority to receive 
such property.
  (2) In any case in which any money or other property is 
donated, bequeathed, or devised to the Foundation with a 
condition or restriction, such property shall be deemed to have 
been donated, bequeathed, or devised to that Endowment whose 
function it is to carry out the purpose or purposes described 
or referred to by the terms of such condition or restriction, 
and each Chairperson of an Endowment shall have authority to 
receive such property.
  (3) For the purposes of the preceding sentence, if one or 
more of the purposes of such a condition or restriction is 
covered by the functions of both Endowments, or if some of the 
purposes of such a condition or restriction are covered by the 
functions of one Endowment and other of the purposes of such a 
condition or restriction are covered by the functions of the 
other Endowment, the Federal Council on the Arts and the 
Humanities shall determine an equitable manner for distribution 
between each of the Endowments of the property so donated, 
bequeathed, or devised. [For the purposes of the income tax]
  (4) For the purposes of the income tax, gift tax, and estate 
tax laws of the United States, any money or other property 
donated, bequeathed, or devised to the Foundation or one of its 
Endowments and received by the Chairperson of an Endowment 
pursuant to authority derived under this subsection shall be 
deemed to have been donated, bequeathed, or devised to or for 
the use of the United States.
  (c) The Chairperson of the National Endowment for the Arts 
shall utilize advisory panels to review applications, and to 
make recommendations to the National Council on the Arts in all 
cases except cases in which the Chairperson exercises authority 
delegated under section 6(f). When reviewing applications, such 
panels shall recommend applications for projects, productions, 
and workshops solely on the basis of artistic excellence and 
artistic merit. Such panels shall recommend for approval or 
disapproval, and shall make comments on, all applications for 
projects, productions, and workshops based on artistic 
excellence and artistic merit (or the lack thereof), but shall 
not recommend any projects or productions determined to be 
obscene. The Chairperson shall issue regulations and establish 
procedures--
          (1) to ensure that all panels are composed, to the 
        extent practicable, of individuals reflecting a wide 
        geographic, ethnic, and minority representation as well 
        as individuals reflecting diverse artistic and cultural 
        points of view;
          (2) to ensure that [all panels include representation 
        of] not less than 20 percent of the members, and at 
        least 1 member, of each of such panels are lay 
        individuals who are knowledgeable about the arts but 
        who are not engaged in the arts as a profession and are 
        not members of either artists' organizations or arts 
        organizations;
          (3) to ensure that, when feasible, the procedures 
        used by panels to carry out their responsibilities are 
        standardized;
          (4) to require panels--
                  (A) open all meetings and discussions of such 
                panels to the public;
                  [(A)] (B) to create written records 
                summarizing--
                          (i) all meetings and discussions of 
                        such panel; and
                          (ii) the recommendations made by such 
                        panel to the Council; and
                  [(B)] (C) to make such records available to 
                the public in a manner that protects the 
                privacy of individual applicants and panel 
                members;
          (5) to require, when necessary and feasible, the use 
        of site visitations to view the work of the applicant 
        and deliver a written report on the work being 
        reviewed, in order to assist panelists in making their 
        recommendations; and
          (6) to require that the membership of each panel 
        change substantially from year to year and to provide 
        that each individual is ineligible to serve on a panel 
        [for more than 3 consecutive years] both for more than 
        2 consecutive years and in any 2 consecutive 2-year 
        periods.
In making appointments to panels, the Chairperson shall ensure 
that an individual who has a pending application for financial 
assistance under this Act, or who is an employee or agent of an 
organization with a pending application, does not serve as a 
member of any panel before which such application is pending. 
The prohibition described in the preceding sentence shall 
commence with respect to such individual beginning on the date 
such application is submitted and shall continue for so long as 
such application is pending.
          * * * * * * *
  (f)(1) The Chairperson of the National Endowment for the Arts 
and the Chairperson of the National Endowment for the 
Humanities shall conduct a post-award evaluation of projects, 
productions, and programs for which financial assistance is 
provided by their respective Endowments under [sections 5(c) 
and 7(c)] sections (5)(k)(1) and (7)(e)(1). Such evaluation may 
include an audit to determine the accuracy of the reports 
required to be submitted by recipients under clauses (i) and 
(ii) of paragraph (2)(A). As a condition of receiving such 
financial assistance, a recipient shall comply with the 
requirements specified in paragraph (2) that are applicable to 
the project, production, or program for which such financial 
assistance is received.
          * * * * * * *
  (3) If such recipient substantially fails to satisfy the 
purposes for which such financial assistance is provided and 
the criteria specified in [subsection (c)(3)(A)] paragraph 
(2)(A), as determined by the Chairperson of the Endowment that 
provided such financial assistance, then such Chairperson may--
          (A)  * * *
          * * * * * * *

                    authorization of appropriations

  Sec. 11. [(a)(1)(A)(i) For the purpose of carrying out 
section 5(c), there are authorized to be appropriated to the 
National Endowment for the Arts $125,800,000 for fiscal year 
1991 and such sums as may be necessary for fiscal years 1992 
and 1993.
  [(ii) For fiscal years--
          [(I) 1991 and 1992 not less than 25 percent of the 
        amount appropriated for the respective fiscal year; and
          [(II) 1993 not less than 27.5 percent of the amount 
        appropriated for such fiscal year;
shall be for carrying out section 5(g).
  [(iii) For fiscal years--
          [(I) 1991 and 1992 not less than 5 percent of the 
        amount appropriated for the respective fiscal year; and
          [(II) 1993 not less than 7.5 percent of the amount 
        appropriated for such fiscal year;
shall be for carrying out programs under section 5(p)(2) 
(relating to programs to expand public access to the arts in 
rural and innercity areas). Not less than 50 percent of the 
funds required by this clause to be used for carrying out such 
programs shall be used for carrying out such programs in rural 
areas.
  [(B) For the purpose of carrying out section 7(c), there are 
authorized to be appropriated to the National Endowment for the 
Humanities $119,900,000 for fiscal year 1991 and such sums as 
may be necessary for fiscal years 1992 and 1993. Of the sums so 
appropriated for any fiscal year, not less than 20 per centum 
shall be for carrying out section 7(f).
  [(2)(A) There are authorized to be appropriated for each 
fiscal year ending before October 1, 1993, to the National 
Endowment for the Arts an amount equal to the sum of--
          [(i) the total amounts received by such Endowment 
        under section 10(a)(2), including the value of property 
        donated, bequeathed, or devised to such Endowment; and
          [(ii) the total amounts received by the grantees of 
        such Endowment from non-Federal sources, including the 
        value of property donated, bequeathed, or devised to 
        such grantees, for use in carrying out projects and 
        other activities under paragraph (1) through paragraph 
        (10) of section 5(c);
except that the amounts so appropriated to the National 
Endowment for the Arts shall not exceed $13,000,000 for fiscal 
year 1991 and such sums as may be necessary for fiscal years 
1992 and 1993.
  [(B) There are authorized to be appropriated for each fiscal 
year ending before October 1, 1993, to the National Endowment 
for the Humanities an amount equal to the sum of--
          [(i) the total amounts received by such Endowment 
        under section 10(a)(2), including the value of property 
        donated, bequeathed, or devised to such Endowment; and
          [(ii) the total amounts received by the grantees and 
        subgrantees of such Endowment from non-Federal sources, 
        including the value of property donated, bequeathed, or 
        devised to such grantees and subgrantees, for use in 
        carrying out activities under paragraph (1) through 
        paragraph (10) of section 7(c);
except that the amounts so appropriated to the National 
Endowment for the Humanities shall not exceed $12,000,000 for 
fiscal year 1991 and such sums as may be necessary for fiscal 
years 1992 and 1993.
  [(3)(A) There are authorized to be appropriated for each 
fiscal year ending before October 1, 1993, to the National 
Endowment for the Arts an amount equal to the sum of--
          [(i) the total amounts received by such Endowment, 
        including the value of property donated, bequeathed, or 
        devised to such Endowment, for the purposes set forth 
        in section 5(p)(1) pursuant to the authority of section 
        10(a)(2); and
          [(ii) the total amounts received by the grantees of 
        such Endowment from non-Federal sources, including the 
        value of property donated, bequeathed, or devised to 
        such grantees, for use in carrying out activities under 
        subparagraph (A) through subparagraph (F) of section 
        5(p)(1);
except that the amounts so appropriated to such Endowment shall 
not exceed $15,000,000 for fiscal year 1991 and such sums as 
may be necessary for fiscal years 1992 and 1993.
  [(B) There are authorized to be appropriated for each fiscal 
year ending before October 1, 1993, to the National Endowment 
for the Humanities an amount equal to the sum of--
          [(i) the total amounts received by such Endowment, 
        including the value of property donated, bequeathed, or 
        devised to such Endowment, for the purposes set forth 
        in section 7(h)(1) pursuant to the authority of section 
        10(a)(2); and
          [(ii) the total amounts received by the grantees of 
        such Endowment from non-Federal sources, including the 
        value of property donated, bequeathed, or devised to 
        such grantees, for use in carrying out activities under 
        subparagraph (A) through subparagraph (F) of section 
        7(h)(1);
except that the amounts so appropriated to such Endowment shall 
not exceed $15,150,000 for fiscal year 1991 and such sums as 
may be necessary for fiscal years 1992 and 1993.
  [(C) Sums appropriated pursuant to subparagraph (A) and 
subparagraph (B) for any fiscal year shall remain available for 
obligation and expenditure until expended.
  [(4) The Chairperson of the National Endowment for the Arts 
and the Chairperson of the National Endowment for the 
Humanities, as the case may be, shall issue guidelines to 
implement the provisions of paragraph (2) and paragraph (3). 
Such guidelines shall be consistent with the requirements of 
section 5(e), section 5(l)(2), section 7(f), and section 
7(h)(2), as the case may be, regarding total Federal support of 
activities, programs, projects, or productions carried out 
under authority of this Act.] (a)(1)(A) For the purpose of 
carrying out section 5, there are authorized to be appropriated 
to the National Endowment for the Arts $97,500,000 for fiscal 
year 1996, $58,500,000 for fiscal year 1997, and $46,800,000 
for fiscal year 1998.
  (B) Subject to subsection (c)(1), of the amount appropriated 
under subparagraph (A) for each fiscal year--
          (i) 80 percent shall be available to carry out 
        section 5(e); and
          (ii) 20 percent shall be available to carry out 
        section 5(k), which shall include not less than 10 
        percent to carry out section 5(k)(2).
  (2)(A) For the purpose of carrying out section 7, there are 
authorized to be appropriated to the National Endowment for the 
Humanities $137,920,000 for fiscal year 1996, $110,340,000 for 
fiscal year 1997, and $88,270,000 for fiscal year 1998.
  (B) Subject to subsection (c)(2), of the amount appropriated 
under subparagraph (A) for each fiscal year--
          (i) 80 percent shall be available to carry out 
        section 7(d); and
          (ii) 20 percent shall be available to carry out 
        section 7(e).
  (3)(A) There are authorized to be appropriated for each 
fiscal year ending before October 1, 1997, to the National 
Endowment for the Arts an amount equal to the sum of--
          (i) the total amounts received by such Endowment, 
        including the value of property donated, bequeathed, or 
        devised to such Endowment, for the purposes set forth 
        in section 5(k)(1) pursuant to the authority of section 
        10(a)(2); and
          (ii) the total amounts received by the grantees of 
        such Endowment from non-Federal sources, including the 
        value of property donated, bequeathed, or devised to 
        such grantees, for use in carrying out activities under 
        subparagraph (A) through subparagraph (F) of section 
        5(k)(1).
  (B) There are authorized to be appropriated for each fiscal 
year ending before October 1, 1997, to the National Endowment 
for the Humanities an amount equal to the sum of--
          (i) the total amounts received by such Endowment, 
        including the value of property donated, bequeathed, or 
        devised to such Endowment, for the purposes set forth 
        in section 7(e)(1) pursuant to the authority of section 
        10(a)(2); and
          (ii) the total amounts received by the grantees of 
        such Endowment from non-Federal sources, including the 
        value of property donated, bequeathed, or devised to 
        such grantees, for use in carrying out activities under 
        subparagraph (A) through subparagraph (F) of section 
        7(e)(1).
  (C) Sums appropriated pursuant to subparagraphs (A) and (B) 
for any fiscal year shall remain available for obligation and 
expenditure until expended.
  (D) The Chairperson of the National Endowment for the Arts 
and the Chairperson of the National Endowment for the 
Humanities, as the case may be, shall issue guidelines to 
implement subparagraphs (A) and (B). Such guidelines shall be 
consistent with the requirements of section 5(k) and section 
7(e), as the case may be, regarding total Federal support of 
activities, programs, projects, or productions carried out 
under authority of this Act.
          * * * * * * *
  (c)(1) [There are authorized to be appropriated to the 
National Endowment for the Arts $21,200,000'' for fiscal year 
1991 and such sums as may be necessary for fiscal years 1992 
and 1993,] Of the amount appropriated under subsection 
(a)(1)(A) for each fiscal year, not more than $5,000,000 shall 
be available to administer the provisions of this Act, or any 
other program for which the Chairperson of the National 
Endowment for the Arts is responsible, including not to exceed 
$50,000 for each such fiscal year for official reception and 
representation expenses. [The total amount which may be 
obligated or expended for such expenses for fiscal year 1995 
through the use of appropriated funds or any other source of 
funds shall not exceed $100,000.]
  (2) [There are authorized to be appropriated to the National 
Endowment for the Humanities $17,950,000 for fiscal year 1991 
and such sums as may be necessary for fiscal years 1992 and 
1993,] Of the amount appropriated under subsection (a)(2)(A) 
for each fiscal year, not more than $5,000,000 shall be 
available to administer the provisions of this Act, or any 
other program for which the Chairperson of the National 
Endowment for the Humanities is responsible, including not to 
exceed $50,000 for each such fiscal year for official reception 
and representation expenses. [The total amount which may be 
obligated or expended for such expenses for fiscal year 1995 
through the use of appropriated funds or any other source of 
funds shall not exceed $100,000.]
  (d)(1) The total amount of appropriations to carry out the 
activities of the National Endowment for the Arts shall not 
[exceed--
          [(A) $167,060,000 for fiscal year 1986,
          [(B) $170,206,400 for fiscal year 1987, and
          [(C) $177,014,656 for fiscal year 1988.] exceed 
        $97,500,000 for fiscal year 1996, $58,500,000 for 
        fiscal year 1997, and $46,800,000 for fiscal year 1998.
  (2) The total amount of appropriations to carry out the 
activities for the National Endowment for the Humanities shall 
not [exceed--
          [(A) $139,878,000 for fiscal year 1986,
          [(B) $145,057,120 for fiscal year 1987, and
          [(C) $150,859,405 for fiscal year 1988.] exceed 
        $137,920,000 for fiscal year 1996, $110,340,000 for 
        fiscal year 1997, and $88,270,000 for fiscal year 1998.
          * * * * * * *
  (f)(1) Subject to subparagraph (2), in any fiscal year in 
which the aggregate amount appropriated to the National 
Endowment for the Arts exceeds [$175,000,000] $105,000,000, 50 
percent of such excess shall be available to carry out section 
5A.
          * * * * * * *
                              ----------                              

                          MUSEUM SERVICES ACT

          * * * * * * *

                     national museum services board

  Sec. 204. (a)(1)  * * *
  (2)(A) In addition to members appointed by the President 
under paragraph (1), the following persons shall serve as 
members of the Board--
          [(i) the Chairperson of the National Endowment for 
        the Arts;
          [(ii) the Chairperson of the National Endowment for 
        the Humanities;
          [(iii)] (i) the Secretary of the Smithsonian 
        Institution; and
          [(iv)] (ii) the Director of the National Science 
        Foundation.
          * * * * * * *

                       director of the institute

  Sec. 205. (a)  * * *
  (b) The Director shall advise the Board regarding policies of 
the Institute to assure coordination of the Institute's 
activities with other agencies and organizations of the Federal 
Government having interest in and responsibilities for the 
improvement of museums. Such Government agencies shall include 
[the National Endowment for the Arts, the National Endowment 
for the Humanities,] the National Science Foundation, 
appropriate units in the Department of Education, the Library 
of Congress, and the Smithsonian Institution and related 
organizations.
          * * * * * * *

                    authorization of appropriations

  Sec. 209. (a) For the purpose of making grants under section 
206 (a), there are authorized to be appropriated [$24,000,000 
for fiscal year 1991 and such sums as may be necessary for 
fiscal years 1992 and 1993] $28,770,000 for each of the fiscal 
years 1996, 1997, and 1998.
          * * * * * * *
  (d) For the purpose of enabling the Institute to carry out 
its functions under this title, there is authorized to be 
appropriated for each fiscal year ending before October 1, 
[1993] 1998, an amount equal to the amount contributed during 
such fiscal year period to the Institute under section 207.
  [(e)(1) Subject to paragraph (2), there are authorized to be 
appropriated $1,000,000 for each of two fiscal years to carry 
out section 211.
  [(2) Paragraph (1) shall not be effective for any fiscal year 
for which the amount appropriated under subsection (a) is less 
than $24,000,000.]
          * * * * * * *
                     [assessment of certain museums
  [Sec. 211. The Director, subject to the policy direction of 
the Board and in consulation with appropriate representatives 
of the museum and cultural communities shall undertake an 
assessment of the needs of small, emerging, minority, and rural 
museums. The assessment, to be completed and presented to 
Congress within two years of enactment, shall include but not 
necessarily be limited to, the following subjects:
          [(1) The need for resources to identify, collect, 
        document, research, preserve and interpret tangible and 
        nontangible collections and to communicate with and 
        involve their own communities and the general public.
          [(2) The personnel staffing and training needs for 
        small, emerging, minority, and rural museums, including 
        needs for professional positions and for the community 
        persons employed or utilized by museums who are expert 
        in the history, culture, customs, and other human 
        resources of the communities.
          [(3) The building and construction needs, including 
        impediments to accessing Federal and non-Federal funds 
        for this purpose.
          [(4) The maintenance, operation and repair needs, 
        including impediments to accessing Federal and non-
        Federal funds for these purposes.
          [(5) The status of the museums' current collections 
        and the museums' interest in accessing, through gift, 
        purchase, repatriation or borrowing, objects now held 
        privately or in public collections.
  [(b) As used in this subsection--
          [(1) the term ``small, emerging, minority, and rural 
        museums'' includes tribal museums and museums of other 
        ethnic and cultural groups; and
          [(2) the term ``Indian tribe'' has the meaning given 
        in the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b(b)).]
          * * * * * * *
                              ----------                              

  SECTION 601 OF THE ARTS, HUMANITIES, AND MUSEUMS AMENDMENTS OF 1985

SEC. 601. AUTHORITY FOR POET LAUREATE CONSULTANT IN POETRY.

  (a)  * * *
          * * * * * * *
  [(c) Poetry Program.--(1) The Chairperson of the National 
Endowment for the Arts, with the advice of the National Council 
on the Arts, shall annually sponsor a program at which the Poet 
Laureate Consultant in Poetry will present a major work or the 
work of other distinguished poets.
  [(2) There are authorized to be appropriated to the National 
Endowment for the Arts $10,000 for the fiscal year 1987 and for 
each succeeding fiscal year ending prior to October 1, 1990, 
for the purpose of carrying out this subsection.]
                              ----------                              

              SECTION 5314 OF TITLE 5, UNITED STATES CODE

Sec. 5314. Positions at level III

  Level III of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Solicitor General of the United States.
          Under Secretary of Commerce, Under Secretary of 
        Commerce for Economic Affairs, Under Secretary of 
        Commerce for Export Administration and Under Secretary 
        of Commerce for Travel and Tourism.
          Under Secretaries of State (5).
          Under Secretaries of the Treasury (3).
          Administrator of General Services.
          * * * * * * *
          [Chairman of the National Endowment for the Arts the 
        incumbent of which also serves as Chairman of the 
        National Council on the Arts.
          [Chairman of the National Endowment for the 
        Humanities.]
          * * * * * * *
                              ----------                              

            SECTION 8G OF THE INSPECTOR GENERAL ACT OF 1978

   requirements for federal entities and designated federal entities

  Sec. 8G. (a) Notwithstanding section 11 of this Act, as used 
in this section--
          (1)  * * *
          (2) the term ``designated Federal entity'' means 
        Amtrak, the Appalachian Regional Commission, the Board 
        of Governors of the Federal Reserve System, the Board 
        for International Broadcasting, the Commodity Futures 
        Trading Commission, the Consumer Product Safety 
        Commission, the Corporation for Public Broadcasting, 
        the Equal Employment Opportunity Commission, the Farm 
        Credit Administration, the Federal Communications 
        Commission, the Federal Deposit Insurance Corporation, 
        the Federal Election Commission, the Federal Housing 
        Finance Board, the Federal Labor Relations Authority, 
        the Federal Maritime Commission, the Federal Trade 
        Commission, the Interstate Commerce Commission, the 
        Legal Services Corporation, the National Archives and 
        Records Administration, the National Credit Union 
        Administration, [the National Endowment for the Arts, 
        the National Endowment for the Humanities,] the 
        National Labor Relations Board, the National Science 
        Foundation, the Panama Canal Commission, the Peace 
        Corps, the Pension Benefit Guaranty Corporation, the 
        Securities and Exchange Commission, the Smithsonian 
        Institution, the Tennessee Valley Authority, the United 
        States International Trade Commission, and the United 
        States Postal Service;
          * * * * * * *
                              ----------                              

      SECTION 907 OF THE NATIONAL PARKS AND RECREATION ACT OF 1978

  Sec. 907. (a) There is established the Delta Region 
Preservation Commission (hereinafter referred to as the 
``Commission''), which shall consist of the following:
          (1)  * * *
          * * * * * * *
          [(7) one member appointed by the Chairman of the 
        National Endowment for the Arts; and]
          [(8)] (7) two members appointed by the Secretary from 
        recommendations submitted by the Police Jury of Saint 
        Bernard Parish[.]; and
          (8) one member who shall have experience as a 
        folklorist and who is familiar with the cultures of the 
        Mississippi Delta Region appointed by the Secretary of 
        the Smithsonian Institution.
          * * * * * * *
                              ----------                              

          SECTION 3 OF THE WOODROW WILSON MEMORIAL ACT OF 1968

                  THE CENTER AND THE BOARD OF TRUSTEES

  Sec. 3. (a)  * * *
  (b) The Board of Trustees shall be composed of 19 members as 
follows:
          (1) the Secretary of State;
          (2) the Secretary of Health and Human Services;
          (3) the Secretary of Education;
          [(4) the Chairman of the National Endowment for the 
        Humanities;
          [(5)] (4) the Secretary of the Smithsonian 
        Institution;
          [(6)] (5) the Librarian of Congress;
          [(7)] (6) the Director of the United States 
        Information Agency;
          [(8)] (7) the Archivist of the United States;
          [(9)] (8) one member appointed by the President from 
        time to time from within the Federal Government; and
          [(10)] (9) 10 members appointed by the President from 
        private life.
  (c) Each member of the Board of Trustees specified in 
paragraphs (1) [through (9) through (8) of subsection (b) may 
designate another official to serve on the Board of Trustees in 
his stead.
  (d) Each member of the Board of Trustees appointed under 
[paragraph (10)] paragraph (9) of subsection (b) shall serve 
for a term of six years from the expiration of his 
predecessor's term; except that (1) any trustee appointed to 
fill a vacancy occurring prior to the expiration of the term 
for which his predecessor was appointed shall be appointed for 
the remainder of such term, and (2) the terms of office of the 
trustees first taking office shall begin on the date of the 
enactment of this Act, and shall expire as designated at the 
time of appointment, two at the end of two years, three at the 
end of four years, and three at the end of six years. No 
trustee of the Board chosen from private life shall be eligible 
to serve in excess of two consecutive terms, except that a 
trustee whose term has expired may serve until his successor 
has qualified.
          * * * * * * *
                              ----------                              

                      HIGHER EDUCATION ACT OF 1965

          * * * * * * *

SEC. 514. APPLICATION.

  (a)  * * *
  (b) Contents.--Each application submitted pursuant to 
subsection (a) shall--
          (1)  * * *
          * * * * * * *
          (4) describe how the National Teacher Academy's 
        activities will be coordinated with or administered 
        cooperatively with institutes established by other 
        Federal entities, such as the National Science 
        Foundation [and the National Endowment for the 
        Humanities]; and
          * * * * * * *

                      TITLE IX--GRADUATE PROGRAMS

          * * * * * * *

SEC. 932. ALLOCATION OF FELLOWSHIPS.

  (a) Fellowship Board.--
          (1)  * * *
          * * * * * * *
          (3) Consultations.--In carrying out its 
        responsibilities, the Board shall consult on a regular 
        basis with representatives of the National Science 
        Foundation, [the National Endowment for the Humanities, 
        the National Endowment for the Arts,] and 
        representatives of institutions of higher education and 
        associations of such institution, learned societies, 
        and professional organizations.
          * * * * * * *

SEC. 943. INSTITUTIONAL ELIGIBILITY.

  (a)  * * *
  (b) Designation of Areas of National Need.--After 
consultation with the National Science Foundation, the National 
Academy of Sciences, [the National Endowments for the Arts and 
the Humanities,] and other appropriate Federal and nonprofit 
agencies and organizations, the Secretary shall designate areas 
of national need, such as mathematics, biology, physics, 
chemistry, engineering, geosciences, computer science, or 
foreign languages and area studies. In making such 
designations, the Secretary shall take into account the extent 
to which the interest is compelling and the extent to which 
other Federal programs support postbaccalaureate study in the 
area concerned.
          * * * * * * *
                              ----------                              

          SECTION 4 OF THE AMERICAN FOLKLIFE PRESERVATION ACT

                        establishment of center

  Sec. 4. (a) There is hereby established in the Library of 
Congress an American Folklife Center.
  (b) The Center shall be under the direction of a Board of 
Trustees. The Board shall be composed as follows--
          (1)  * * *
          * * * * * * *
          (4) the Secretary of the Smithsonian Institution; and
          [(5) the Chairman of the National Endowment for the 
        Arts;
          [(6) the Chairman of the National Endowment for the 
        Humanities; and
          [(7)] (5) the Director of the Center.
In making appointments from private life under clause 2, the 
President pro tempore of the Senate and the Speaker of the 
House of Representatives shall give due consideration to the 
appointment of individuals who collectively will provide 
appropriate regional balance on the Board. Not more than three 
of the members appointed by the President pro tempore of the 
Senate or by the Speaker of the House of Representatives may be 
affiliated with the same political party.
          * * * * * * *
                              ----------                              

          SECTION 4 OF THE JAPAN-UNITED STATES FRIENDSHIP ACT

             the japan-united states friendship commission

  Sec. 4. (a) There is established a commission to be known as 
the Japan-United States Friendship Commission (hereafter 
referred to as the ``Commission''). The Commission shall be 
composed of--
          (1) the members of the United States Panel of the 
        Joint Committee on United States-Japan Cultural and 
        Educational Cooperation;
          (2) two Members of the House of Representatives, to 
        be appointed at the beginning of each Congress or upon 
        the occurrence of a vacancy during a Congress by the 
        Speaker of the House of Representatives; and
          (3) two Members of the Senate, to be appointed at the 
        beginning of each Congress upon the occurrence of a 
        vacancy during a Congress by the President pro tempore 
        of the Senate[;].
          [(4) the Chairman of the National Endowment for the 
        Arts; and
          [(5) the Chairman of the National Endowment for the 
        Humanities.]
          * * * * * * *
                              ----------                              


              SECTION 131 OF TITLE 23, UNITED STATES CODE

Sec. 131. Control of outdoor advertising

  (a)  * * *
          * * * * * * *
  (q)(1) During the implementation of State laws enacted to 
comply with this section, the Secretary shall encourage and 
assist the States to develop sign controls and programs which 
will assure that necessary directional information about 
facilities providing goods and services in the interest of the 
traveling public will continue to be available to motorists. To 
this end the Secretary shall restudy and revise as appropriate 
existing standards for directional signs authorized under 
subsections 131(c)(1) and 131(f) to develop signs which are 
functional and esthetically compatible with their surroundings. 
He shall employ the resources of other Federal departments and 
agencies, [including the National Endowment for the Arts,] and 
employ maximum participation of private industry in the 
development of standards and systems of signs developed for 
those purposes.
          * * * * * * *
                              ----------                              

             SECTION 7 OF FEDERAL TRIANGLE DEVELOPMENT ACT

SEC. 7. INTERNATIONAL CULTURAL AND TRADE CENTER COMMISSION.

  (a)  * * *
          * * * * * * *
  (c) Membership.--
          (1) Number and appointment.--The Commission shall be 
        composed of 15 members as follows:
                  (A)  * * *
          * * * * * * *
                  [(I) The Chairman of the National Endowment 
                for the Arts or his delegate.
                  [(J)] (I) 6 individuals appointed by the 
                President one of whom shall be a resident and 
                registered voter of the District of Columbia 
                and all of whom shall be specially qualified to 
                serve on the Commission by virtue of their 
                education, training, or experience in 
                international trade, commerce, cultural 
                exchange, finance, business, or management of 
                facilities similar to the international 
                cultural and trade center described in section 
                8.
        A vacancy in the Commission shall be filled in the 
        manner in which the original appointment was made.
          * * * * * * *
                              ----------                              

                       LIVABLE CITIES ACT OF 1978

                       TITLE VIII--LIVABLE CITIES

                              short title

  Sec. 801. This title may be cited as the ``Livable Cities Act 
of 1978''.
          * * * * * * *

                              definitions

  Sec. 804. For the purpose of this title--
          (1)  * * *
          * * * * * * *
          (4) the term ``Secretary'' means the Secretary of 
        Housing and Urban Development; and
          [(5) the term ``Chairman'' means the Chairman of the 
        National Endowment for the Arts;
          [(6)] (5) the term ``Department'' means the 
        Department of Housing and Urban Development[; and].
  [(7) the term ``Endowment'' means the National Endowment for 
the Arts.]

               grants to or contracts with organizations

  Sec. 805. (a) The Secretary is authorized to make grants to, 
or enter into contracts with, nonprofit organizations for the 
purpose of enabling such organizations to undertake or support 
in cities, urban communities, or neighborhoods, projects which 
the Secretary[, in consultation with the Chairman,] determines 
will carry out the purposes of this title and which--
          (1)  * * *
          * * * * * * *
          (3) meet the criteria established [jointly by the 
        Secretary and the Chairman] by the Secretary pursuant 
        to this section.
  (b) The Secretary [and the Chairman shall establish jointly] 
shall establish criteria and procedures for evaluating and 
selecting projects to be assisted under this title. Such 
criteria shall address, but need not be limited to--
          (1) artistic, cultural, historical, or design 
        quality;
          * * * * * * *
  (c) No assistance shall be made under this title except upon 
application therefor submitted to the Secretary in accordance 
with regulations and procedures established [jointly by the 
Secretary and the Chairman] by the Secretary.
  (d) Prior to the approval of any application for assistance 
under this title, the Secretary shall [consult with the 
Chairman and], in accordance with regulations and procedures 
established [jointly by the Secretary and the Chairman] by the 
Secretary, seek the recommendations of State and local 
officials and private citizens who have broad knowledge of, or 
experience or expertise in, community and economic development 
and revitalization, and of such officials and citizens who have 
broad knowledge of, or expertise in, the arts.
  (e) The Secretary[, in cooperation with the Chairman,] shall 
prescribe regulations which require that specific portions of 
the cost of any projects assisted under this title shall be 
provided from sources other than funds made available under 
this title. Such matching requirements may vary depending on 
the type of applicant, and the Secretary may reduce or waive 
such requirements solely in order to take account of the 
financial capacity of the applicant.
          * * * * * * *
              SECTION 2301 OF TITLE 44, UNITED STATES CODE

Sec. 2301. Establishment of Board; membership

  The National Archives Trust Fund Board shall consist of the 
Archivist of the United States, as Chairman, and the Secretary 
of the Treasury [and the Chairman of the National Endowment for 
the Humanities]. Membership on the Board is not an office 
within the meaning of the statutes of the United States.
                              ----------                              

                      TITLE 49, UNITED STATES CODE

          * * * * * * *

             SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS

          * * * * * * *

                 CHAPTER 55--INTERMODAL TRANSPORTATION

          * * * * * * *

                        SUBCHAPTER II--TERMINALS

          * * * * * * *

Sec. 5562. Assistance projects

  (a)  * * *
          * * * * * * *
  [(c) Acquiring Space.--The Secretary may acquire space under 
subsection (a)(3) of this section only after consulting with 
the Advisory Council on Historic Preservation and the Chairman 
of the National Endowment for the Arts.]

Sec. 5563. Conversion of certain rail passenger terminals

  (a) Authority To Provide Assistance.--The Secretary of 
Transportation may provide financial assistance to convert a 
rail passenger terminal to an intermodal transportation 
terminal under section 5562(a)(1) of this title only if--
          (1)  * * *
          * * * * * * *
          (4) to the extent practicable, the use of the 
        terminal facilities for transportation may be combined 
        with use of those facilities for other civic and 
        cultural activities, especially when another activity 
        is recommended by--
                  (A) the Advisory Council on Historic 
                Preservation; or
                  [(B) the Chairman of the National Endowment 
                for the Arts; or
                  [(C)] (B) consultants retained under 
                subsection (b) of this section; and
          * * * * * * *

Sec. 5564. Interim preservation of certain rail passenger terminals

  (a)  * * *
          * * * * * * *
  (c) Maximizing Preservation of Terminals.--(1) Amounts 
appropriated to carry out this section and section 5562(a)(2) 
of this title shall be expended in the way most likely to 
maximize the preservation of rail passenger terminals that 
are--
          (A)  * * *
          * * * * * * *
          (C) recommended (on the basis of architectural 
        integrity and quality) by the Advisory Council on 
        Historic Preservation [or the Chairman of the National 
        Endowment for the Arts].
          * * * * * * *

Sec. 5565. Encouraging the development of plans for converting certain 
                    rail passenger terminals

  (a)  * * *
          * * * * * * *
  (c) Maximizing Conversion and Continued Public Use.--(1) 
Amounts appropriated to carry out this section and section 
5562(a)(4) of this title shall be expended in the way most 
likely to maximize the conversion and continued public use of 
rail passenger terminals that are--
          (A) listed in the National Register of Historic 
        Places maintained by the Secretary of the Interior; or
          (B) recommended (on the basis of architectural 
        integrity and quality) by the Advisory Council on 
        Historic Preservation [or the Chairman of the National 
        Endowment for the Arts].
          * * * * * * *
                              ----------                              

       SECTION 803 OF THE NATIONAL SECURITY EDUCATION ACT OF 1991
  TITLE VIII--NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS

SEC. 801. SHORT TITLE, FINDINGS, AND PURPOSES.

  (a) Short Title.--This title may be cited as the ``National 
Security Education Act of 1991''.
          * * * * * * *
SEC. 803. NATIONAL SECURITY EDUCATION BOARD.

  (a) Establishment.--The Secretary of Defense shall establish 
a National Security Education Board.
  (b) Composition.--The Board shall be composed of the 
following individuals or the representatives of such 
individuals:
          (1)  * * *
          * * * * * * *
          [(7) The Chairperson of the National Endowment for 
        the Humanities.
          [(8)] (7) Four individuals appointed by the 
        President, by and with the advice and consent of the 
        Senate, who shall be experts in the fields of 
        international, language, and area studies education.
          * * * * * * *
                              ----------                              


                    GOALS 2000: EDUCATE AMERICA ACT

          * * * * * * *
             TITLE IX--EDUCATIONAL RESEARCH AND IMPROVEMENT

SEC. 901. SHORT TITLE.

  This title may be cited as the ``Educational Research, 
Development, Dissemination, and Improvement Act of 1994''.
          * * * * * * *

   PART B--NATIONAL EDUCATIONAL RESEARCH POLICY AND PRIORITIES BOARD

SEC. 921. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL RESEARCH AND 
                    IMPROVEMENT.

  (a)  * * *
          * * * * * * *
  (j) Ex Officio Members.--The ex officio, nonvoting members of 
the Board shall include the Assistant Secretary and may also 
include--
          (1)  * * *
          * * * * * * *
          [(5) the chair of the National Endowment for the 
        Arts;
          [(6) the chair of the National Endowment for the 
        Humanities;
          [(7)] (5) the Librarian of Congress; and
          [(8)] (6) the Director of the Office of Indian 
        Education Programs of the Department of the Interior.
          * * * * * * *

                  PART C--NATIONAL RESEARCH INSTITUTES

SEC. 931. ESTABLISHMENT WITHIN THE OFFICE OF EDUCATIONAL RESEARCH AND 
                    IMPROVEMENT.

  (a)  * * *
          * * * * * * *
  (h) National Institute on Postsecondary Education, Libraries, 
and Lifelong Learning.--
          (1)  * * *
          * * * * * * *
          (3) Involvement of certain agencies and 
        organizations.--In promoting coordination and 
        collaboration on research and development on issues 
        related to postsecondary education, literacy, 
        libraries, and lifelong learning, the Institute shall, 
        as appropriate, seek the involvement--
                  (A)  * * *
          * * * * * * *
                  [(G) of the National Endowment for the 
                Humanities;
                  [(H) of the National Endowment for the Arts;
                  [(I)] (G) of the Bureau of Prisons of the 
                Department of Justice;
                  [(J)] (H) of the Department of Commerce;
                  [(K)] (I) of the Department of Defense; and
                  [(L)] (J) of the Office of Indian Education 
                Programs of the Department of the Interior.
          * * * * * * *
                              ----------                              

             ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965

          * * * * * * *

    TITLE II--DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM

          * * * * * * *

                       PART A--FEDERAL ACTIVITIES

          * * * * * * *
SEC. 2101. PROGRAM AUTHORIZED.

  (a)  * * *
  (b) Requirements.--In carrying out the activities described 
in subsection (a), the Secretary shall coordinate professional 
development programs within the Department, particularly with 
those programs within the Office of Educational Research and 
Improvement and the Office of Special Education and 
Rehabilitative Services, and shall consult and coordinate with 
the National Science Foundation, [the National Endowment for 
the Humanities, the National Endowment for the Arts,] the 
Institute of Museum Services, and other appropriate Federal 
agencies and entities.
          * * * * * * *

                   PART B--STATE AND LOCAL ACTIVITIES

          * * * * * * *

SEC. 2205. STATE APPLICATIONS.

  (a)  * * *
          * * * * * * *
  (c) Additional Material.--Each State application shall 
include--
          (1) a description of how the activities assisted 
        under this part will be coordinated, as appropriate, 
        with--
                  (A)  * * *
          * * * * * * *
                  (D) funds received from other Federal 
                agencies, such as the National Science 
                Foundation, the Departments of Commerce, 
                Energy, and Health and Human Services, [the 
                National Endowment for the Arts,] and the 
                Institute of Museum Services[, and the National 
                Endowment for the Humanities]; and
          * * * * * * *

SEC. 2208. LOCAL PLAN AND APPLICATION FOR IMPROVING TEACHING AND 
                    LEARNING.

  (a)  * * *
          * * * * * * *
  (d) Plan Contents.--
          (1) In general.--Based on the needs assessment 
        required under subsection (b), the local educational 
        agency's plan shall--
                  (A)  * * *
          * * * * * * *
                  (H) describe how the program funded under 
                this part will be coordinated, as appropriate, 
                with--
                          (i)  * * *
          * * * * * * *
                          (v) funds or programming from other 
                        Federal agencies, such as the National 
                        Science Foundation, the Department of 
                        Energy, the Department of Health and 
                        Human Services, and the Institute of 
                        Museum Services[, the National 
                        Endowment for the Humanities, and the 
                        National Endowment for the Arts];
          * * * * * * *

SEC. 2209. LOCAL COST-SHARING.

  (a)  * * *
  (b) Available Resources for Cost-Sharing.--
          (1) In general.--A local educational agency may meet 
        the requirement of subsection (a) through one or more 
        of the following:
                  (A)  * * *
          * * * * * * *
                  (C) Funds received under one or more of the 
                following programs, so long as such funds are 
                used for professional development activities 
                consistent with this part and the statutes 
                under which such funds were received, and are 
                used to benefit students and teachers in 
                schools that otherwise would have been served 
                with such funds:
                          (i)  * * *
          * * * * * * *
                          (vi) Programs that are related to the 
                        purposes of this Act that are 
                        administered by other Federal agencies, 
                        including the National Science 
                        Foundation, [the National Endowment for 
                        the Humanities, the National Endowment 
                        for the Arts,] the Institute of Museum 
                        Services, and the Department of Energy.
          * * * * * * *
                  TITLE III--TECHNOLOGY FOR EDUCATION

SEC. 3101. SHORT TITLE.

  This title may be cited as the ``Technology for Education Act 
of 1994''.

            PART A--TECHNOLOGY FOR EDUCATION OF ALL STUDENTS

          * * * * * * *

        Subpart 1--National Programs for Technology in Education

SEC. 3121. NATIONAL LONG-RANGE TECHNOLOGY PLAN.

  (a)  * * *
          * * * * * * *
  (c) Contents of the Plan.--The national long-range plan shall 
describe the Secretary's activities to promote the purposes of 
this title, including--
          (1)  * * *
          (2) joint activities in support of the overall 
        national technology policy with other Federal 
        departments or agencies, such as the Office of Science 
        and Technology Policy, [the National Endowment for the 
        Humanities, the National Endowment for the Arts,] the 
        National Institute for Literacy, the National 
        Aeronautics and Space Administration, the National 
        Science Foundation, the Bureau of Indian Affairs, and 
        the Departments of Commerce, Energy, Health and Human 
        Services, and Labor--
                  (A)  * * *
          * * * * * * *

               TITLE X--PROGRAMS OF NATIONAL SIGNIFICANCE

          * * * * * * *
                       PART D--ARTS IN EDUCATION

                       Subpart 1--Arts Education

SEC. 10401. SUPPORT FOR ARTS EDUCATION.

  (a)  * * *
          * * * * * * *
  (d) Authorized Activities.--Funds under this subpart may be 
used for--
          (1)  * * *
          * * * * * * *
          (6) supporting collaborative activities with other 
        Federal agencies or institutions involved in arts 
        education, such as [the National Endowment for the 
        Arts,] the Institute of Museum Services, the John F. 
        Kennedy Center for the Performing Arts, Very Special 
        Arts, and the National Gallery of Art;
          * * * * * * *
  (e) Coordination.--
          (1)  * * *
          (2) Special rule.--In carrying out this subpart, the 
        Secretary shall coordinate with [the National Endowment 
        for the Arts,] the Institute of Museum Services, the 
        John F. Kennedy Center for the Performing Arts, Very 
        Special Arts, and the National Gallery of Art.
          * * * * * * *
    Subpart 2--Cultural Partnerships for At-Risk Children and Youth

SEC. 10411. FINDINGS AND PURPOSE.

  (a) Findings.--The Congress finds:
          (1)  * * *
          [(2) The arts promote progress in academic subjects 
        as shown by research conducted by the National 
        Endowment for the Arts.
          [(3)] (2) Children and youth who receive instruction 
        in the arts and humanities, or who are involved in 
        cultural activities, remain in school longer and are 
        more successful than children who do not receive such 
        instruction.
          [(4)] (3) Learning in the arts and humanities 
        promotes progress in other academic subjects, and 
        generates positive self-esteem and a greater sense of 
        accomplishment in young people.
          [(5)] (4) School-university and school-cultural 
        institution partnerships that upgrade teacher training 
        in the arts and humanities have significantly 
        contributed to improved instruction and achievement 
        levels of school-aged children.
          [(6)] (5) Museum outreach, cultural activities and 
        informal education for at-risk children and youth have 
        contributed significantly to the educational 
        achievement and enhanced interest in learning of at-
        risk children and youth.
          [(7)] (6) The Goals 2000: Educate America Act, other 
        legislation and local, State and national resources 
        support the integration of the arts and humanities into 
        the regular curriculum and school day for all children.
          [(8)] (7) While all children benefit from instruction 
        in the arts and the humanities, at-risk children and 
        youth have a special, additional need for arts and 
        cultural programs both in school and after school.
          * * * * * * *

SEC. 10412. PROGRAM AUTHORIZED.

  (a)  * * *
  (b) Special Requirements.--
          (1)  * * *
          (2) Partnership.--An interagency partnership 
        comprised of the Secretary of Education[, the Chairman 
        of the National Endowment for the Humanities, the 
        Chairman of the National Endowment for the Arts,] and 
        the Director of the Institute of Museum Services, or 
        their designees, shall establish criteria and 
        procedures for awarding grants, including the 
        establishment of panels to review the applications, and 
        shall administer the grants program authorized by this 
        section. The Secretary shall publish such criteria and 
        procedures in the Federal Register.
          * * * * * * *
          (7) Models.--The Secretary, in consultation with [the 
        Chairman of the National Endowment for the Humanities, 
        the Chairman of the National Endowment for the Arts 
        and] the Director of the Institute of Museum Services[, 
        or their designees,] shall submit successful models 
        under this title to the National Diffusion Network for 
        review.
          * * * * * * *
SEC. 10414. PAYMENTS; AMOUNTS OF AWARD; COST SHARE; LIMITATIONS.

  (a) Payments.--
          (1)  * * *
          (2) Special rule.--(A) Grants awarded under this 
        subpart shall be of sufficient size, scope, and quality 
        to be effective.
          (B) The Secretary shall award grants under this 
        subpart so as to ensure nonduplication of services 
        provided by grant recipients and services provided 
        [by--
                  [(i) the National Endowment for the 
                Humanities;
                  [(ii) the National Endowment for the Arts; 
                and
                  [(iii)] by the Institute of Museum Services.
          * * * * * * *
                        ACT OF OCTOBER 31, 1994

     AN ACT To designate certain lands in the California Desert as 
  wilderness, to establish the Death Valley and Joshua Tree National 
    Parks, to establish the Mojave National Preserve, and for other 
                               purposes.

          * * * * * * *

          TITLE XI--LOWER MISSISSIPPI DELTA REGION INITIATIVES

          * * * * * * *

SEC. 1104. DELTA REGION HERITAGE CORRIDORS AND HERITAGE AND CULTURAL 
                    CENTERS.

  (a)  * * *
  (b) In General.--The Secretary, in consultation with the 
States of the Delta Region, [the Chairman of the National 
Endowment for the Arts, the Chairman of the National Endowment 
for the Humanities,] the Director of the Smithsonian 
Institution, the Lower Mississippi Delta Development Center, 
Historically Black Colleges and Universities, and appropriate 
African American, Native American and other relevant 
institutions or organizations in the Delta Region, is further 
directed to prepare and transmit to the Congress a plan 
outlining specific recommendations, including recommendations 
for necessary funding, for the establishment of a Delta Region 
Native American Heritage Corridor and Heritage and Cultural 
Center and a Delta Region African American Heritage Corridor 
and Heritage and Cultural Center with a network of satellite or 
cooperative units.
          * * * * * * *

          TITLE XII--NEW ORLEANS JAZZ NATIONAL HISTORICAL PARK

SEC. 1201. SHORT TITLE.

  This title may be cited as the ``New Orleans Jazz National 
Historical Park Act of 1994''.
          * * * * * * *

SEC. 1207. ESTABLISHMENT OF THE NEW ORLEANS JAZZ COMMISSION.

  (a)  * * *
  (b) Membership.--The Commission shall consist of 17 members 
to be appointed no later than six months after the date of 
enactment of this title. The Commission shall be appointed by 
the Secretary as follows:
          (1)  * * *
          * * * * * * *
          (6) Two members, one from recommendations submitted 
        by the Secretary of the Smithsonian Institution [and 
        one member from recommendations submitted by the 
        Chairman of the National Endowment of the Arts,] who 
        are recognized musicians with knowledge and experience 
        in the development of jazz in New Orleans.
          * * * * * * *
                             MINORITY VIEWS

    In our combined years of service on this committee, we 
cannot recall a single previous instance when this committee 
has reported a bill of this magnitude without the benefit of 
bi-partisan discussion, public hearings, agency input, or 
community comment. If this signals some new way of doing 
business in a democracy, return us to the good old days.
    This bill completely restructures (and ultimately 
abolishes) the National Endowments for the Arts and the 
Humanities (``NEA'' and ``NEH''). Yet, we would contend that 
few Members of this committee have any idea how this bill will 
affect the arts and humanities in districts and in States 
across the Nation. The majority moved this bill without any 
such information. The Executive Branch was given no opportunity 
to publicly comment on the impact this bill would have on the 
operations of the NEA or the NEH. And, the majority never 
sought the reaction of the public and arts constituency groups 
to this legislation. The best that can be said about the 
majority's treatment of this bill is that it is legislating in 
the dark.
    The last time we enacted major reform of the NEA, the 
Democratic majority followed a much different course. We 
conducted nine public hearings in Washington and ``in the 
field.'' We received testimony from 75 witnesses. Every 
conceivable point of view was elicited, from those who believed 
the agency should continue unchanged, to those who sought its 
termination. We convened a two-day meeting of every major 
cultural organization to discuss changes that should be made to 
the NEA. We involved members from both sides of the aisle in 
these discussions, and we developed a bipartisan bill that made 
major reforms in the operation of these agencies. Finally, we 
sought input from the Republican Administration. The result of 
these efforts was truly a bipartisan bill.
    The process that the majority has chosen to follow could 
not be more different. No one other than the bill's sponsors 
has had the opportunity to participate in its development. 
Since the bill was introduced just one week before committee 
mark-up, and continued to be changed right up to the day of 
mark up, no one had the chance to analyze it carefully. This 
stealth and secrecy has resulted in a deeply flawed bill that 
was reported by the committee with minimal support.
    The effects of the rush to produce this bill are symbolized 
by the weaknesses and fallacies contained in the majority's 
report. The report fails to make a convincing case for 
terminating the NEA and the NEH. It is as if the report's 
authors decided that because such a case could not be made, 
they had better ignore trying to develop a compelling argument. 
Thus, justification for this bill relies on inaccuracy and 
innuendo.
    The majority's report is rife with errors. For instance, 
the report tries to leave the impression that only 27.5% of 
federal funds go to States under the existing NEA law. That is 
simply wrong. Under existing law, 35% of NEA funds go to the 
States. That distribution of funds to the States represents 
Republican requests during the 1990 NEA reauthorization 
process. To criticize current law, as the majority does, is 
either disingenuous or represents deep misconceptions.
    Similarly, the fact that under current law the chair of the 
NEA does not have the final authority to approve or disapprove 
application for an NEA grant, is due to the Republicans' desire 
that the chair not have that authority. During the 1990 
reauthorization, Republicans proposed placing this final 
authority in the hands of the Presidentially-appointed National 
Council on the Arts. We, the majority at that time, agreed to 
the Republican suggestion in a successful attempt to reach bi-
partisan support for the NEA. To have the NEA now criticized by 
the new majority for being structured in a way that they 
themselves suggested is, to put it bluntly, wanting to have the 
cake and eat it too. Perhaps if hearings had been held on this 
bill, we could have prevented our majority colleagues from 
engaging in such flip-flops on their own policies.
    Hearings would have also helped clarify what the NEA and 
NEH have done, and what they have not done. The majority cites 
examples of NEA and NEH abuses in its report. Notably, most of 
the items they cite as problems occurred, not under the 
leadership of the existing NEA and NEH chairs, but under past 
leaders of the Republican party. In fact, the current 
leadership of the two agencies has effectively corrected many 
of the administrative errors of previous leaders. And, most of 
the items cited as abuses do not reflect on NEA or NEH funding. 
The majority again wants to legislate by anecdote and innuendo 
rather than by fact. Perhaps if we had held hearings on this 
legislation, facts could have been brought to light. Instead, 
the Committee has reported a bill that conflicts with reality.
    Maybe the most unfortunate thing about this flawed 
legislation is that it totally fails to recognize and 
acknowledge the positive contributions the NEA and the NEH have 
made to cultural and scholarly life in our Nation. This bill 
would eliminate the very grant programs that promote dance, 
orchestras, theater companies, literature, the folk arts, and 
arts education. These agencies deserve full reauthorization, 
not discontinuance.

                                the nea

    In reality, the committee reported bill would abolish the 
NEA as we know it today. Nearly 30 years of progress would go 
down the drain with the enactment of the committee reported 
bill, despite the absence of any record supporting the NEA's 
abolition. In fact, the record supports continuing the agency. 
The NEA's record of success is abundant. Before the 
establishment of the NEA in 1965, there were 37 professional 
dance companies throughout the United States. Today, there are 
more than 250. In 1965, there were 56 non-profit theaters; 
today, there are more than 400. In 1965, there were 60 local 
arts agencies; today, there are more than 3,000. In 1965, there 
were 27 opera companies; today, there are more than 100. And, 
finally, in 1965 there were 58 major orchestras; today, there 
are 230. The NEA has helped increase audiences for a variety of 
arts forms over the past 30 years. For example, symphony 
audiences have increased from 9 million people in 1965 to 26.7 
million people last year. Audiences for dance have grown from 1 
million to 16 million during that same period, and theater 
audiences have increased from 5 million to 20 million.
    Certainly, the NEA has not been solely responsible for all 
of these developments, but we certainly think that the NEA has 
been a major, if not the primary, contributor to this cultural 
renaissance. This record of progress deserves continued 
congressional support and encouragement. We are confounded by 
the decision of the new Republican majority to dismantle the 
NEA.

                                the neh

    A similar 30-year record of achievement has occurred with 
the NEH. But despite this record, and again without the benefit 
of any hearings or public comments, the majority has decided to 
repeal the NEH. Today, the NEH is the largest source of support 
for humanities scholarship in the nation. The next largest is 
the Mellon Foundation, which provides $50 million in humanities 
grants annually. There is no viable source on the horizon to 
replace or supplement the humanities support provided by the 
NEH. The absence of the NEH will have a profound and immediate 
impact on our citizenry's access to history, government, 
learning, in essence to knowledge.
    The majority believes that a reduced (and eventually 
repealed) NEH would still provide support for important 
humanities projects, albeit at the state level. Such a belief 
underscores a fundamental misunderstanding of what the NEH 
does. Perhaps with the benefit of hearings or public comments, 
the majority could have corrected its misunderstanding. Public 
hearings can educate, particularly those persons who approach 
issues with closed minds. But because the majority saw fit to 
hold not a single hearing and chose not to elicit public 
comment and input, it mistakenly presumes that the States will 
assume responsibility for the important humanities projects 
that the NEH funds. What folly! There are many NEH projects 
that can only be funded at the national level. Ken Burns' 
``Civil War'' Series, his ``Baseball'' series, and the award 
winning ``Eyes on the Prize,'' are the types of projects that 
no single State would support. These endeavors are national in 
their scope and importance. They need and deserve a national 
endowment for their support.
    The same can be said for the preservation of important 
presidential papers. Would any one State support the 
preservation of the papers of Presidents Madison, Jefferson, 
the Adamses, Jackson, Grant, or Eisenhower? We doubt it. These 
are important national treasures that can only, and rightly 
should be, supported by a ``national'' endowment. The majority 
proposes to obliterate this support.
                               Conclusion

    We categorically oppose the committee reported bill. It 
rejects 30 years of progress and achievement, and does so 
without any input whatsoever from anyone other than the bill's 
sponsors. This is not the way that a democratic institution 
should conduct its business. We should be willing to offer our 
ideas and beliefs publicly, and then have them compete in the 
marketplace of public opinion and scrutiny. The majority, in 
its rush to repeal the NEA and the NEH, has decided to by-pass 
this marketplace and report a bill that few have seen and that 
no one has had the proper opportunity to review. We cannot 
support this legislative end run around the proper and 
appropriate way to conduct the people's business.

                                   William L. Clay.
                                   Dale E. Kildee.
                                   Matthew G. Martinez.
                                   Tom Sawyer.
                                   Patsy T. Mink.
                                   Jack Reed.
                                   Eliot L. Engel.
                                   Robert C. Scott.
                                   Lynn Woolsey.
                                   Mel Reynolds.
                                   George Miller.
                                   Pat Williams.
                                   Major R. Owens.
                                   Donald M. Payne.
                                   Xavier Becerra.
                                   Gene Green.
                                   Carlos Romero-Barcelo.