[House Report 105-174]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-174
_______________________________________________________________________
PROVIDING FOR THE CONSIDERATION OF H.R. 2107, THE DEPARTMENT OF THE
INTERIOR AND RELATED AGENCIES APPROPRIATIONS BILL, 1998
_______
July 9, 1997.--Referred to the House Calendar and ordered to be printed
_______________________________________________________________________
Mr. Solomon, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 181]
The Committee on Rules, having had under consideration
House Resolution 181, by a record vote of 9 to 1, report the
same to the House with the recommendation that the resolution
be adopted.
brief summary of provisions of resolution
The resolution provides for the consideration of H.R. 2107,
the ``Department of the Interior and Related Agencies
Appropriations Bill, 1998'' under an open rule. The rule
provides one hour of general debate divided equally between the
chairman and ranking minority member of the Committee on
Appropriations.
The rule waives section 306 of the Budget Act (prohibiting
matters within the jurisdiction of the Budget Committee in a
measure not reported by it) against consideration of the bill.
It also waives clause 2 (prohibiting unauthorized
appropriations and legislative provisions) and clause 6
(prohibiting reappropriations in an appropriations bill) of
rule XXI against the bill except as follows: beginning with ``:
Provided'' on page 46, line 25, through ``part 121'' on page
47, line 6 (Forest Service, timber purchaser road construction
credits); and page 76, line 10, through line 13 (NEA).
The rule makes in order those amendments printed in this
report, which shall be considered as read, shall be debatable
for the time specified in this report equally divided between a
proponent and opponent, and not subject to amendment. The rule
also waives all points of order against the amendments printed
in this report. Members who have pre-printed their amendments
in the Congressional Record prior to their consideration will
be given priority in recognition to offer their amendments if
otherwise consistent with House rules. The rule allows the
Chair to postpone recorded votes and reduce to five minutes the
minimum time for electronic voting on any postponed votes,
provided voting time on the first in any series of questions
shall not be less than 15 minutes.
The rule waives clause 2(e) of rule XXI (prohibiting non-
emergency amendments to be offered to a bill containing an
emergency designation under the Budget Act) against amendments
to the bill.
Finally, the rule provides for one motion to recommit, with
or without instructions.
committee votes
Pursuant to clause 2(l)(2)(B) of House rule XI the results
of each rollcall vote on an amendment or motion to report,
together with the names of those voting for and against, are
printed below:
Rules Committee Rollcall No. 52
Date: July 9, 1997.
Measure: Rule for consideration of H.R. 2107, Department of
the Interior and Related Agencies Appropriations Bill, 1998.
Motion by: Mr. Moakley.
Summary of motion: Amend the rule to provide the
appropriate waivers to the provisions in the bill which would
provide funding for the National Endowment for the Arts.
Results: Rejected 1 to 9.
Vote by Members: Dreier--Nay; Goss--Nay; Linder--Nay;
Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; Hastings--Nay;
Myrick--Nay; Moakley--Yea; Solomon--Nay.
Rules Committee Rollcall No. 53
Date: July 9, 1997.
Measure: Rule for consideration of H.R. 2107, Department of
the Interior and Related Agencies Appropriations Bill, 1998.
Motion by: Mr. Moakley.
Summary of motion: Make in order the Yates substitute to
Ehlers, which increases funding for the National Endowment for
the Arts to $99,500,000.
Results: Rejected 1 to 9.
Vote by Members: Dreier--Nay; Goss--Nay; Linder--Nay;
Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; Hastings--Nay;
Myrick--Nay; Moakley--Yea; Solomon--Nay.
Rules Committee Rollcall No. 54
Date: July 9, 1997.
Measure: Rule for consideration of H.R. 2107, Department of
the Interior and Related Agencies Appropriations Bill, 1998.
Motion by: Mr. Moakley.
Summary of motion: Make in order the Miller of California
amendment which would appropriate $700 million for land
exchange agreements and priority land acquisitions by the
National Park Service, the Fish and Wildlife Service, the
Bureau of Land Management, and the Forest Service. Of that $700
million, the amendment would provide $65 million to fulfill the
agreement to acquire a mine adjacent to Yellowstone National
Park and $250 million to fulfill the agreement to acquire the
Headwaters Forest.
Results: Rejected 1 to 9.
Vote by Members: Dreier--Nay; Goss--Nay; Linder--Nay;
Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; Hastings--Nay;
Myrick--Nay; Moakley--Yea; Solomon--Nay.
Rules Committee Rollcall No. 55
Date: July 9, 1997.
Measure: Rule for consideration of H.R. 2107, Department of
the Interior and Related Agencies Appropriations Bill, 1998.
Motion by: Mr. Dreier.
Summary of motion: Order the rule reported.
Results: Adopted 9 to 1.
Vote by Members: Dreier--Yea; Goss--Yea; Linder--Yea;
Pryce--Yea; Diaz-Balart--Yea; McInnis--Yea; Hastings--Yea;
Myrick--Yea; Moakley--Nay; Solomon--Yea.
SUMMARY OF AMENDMENTS MADE IN ORDER FOR H.R. 2107, THE DEPARTMENT OF
THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS BILL, 1998
Ehlers--60 minutes: Terminates the National Endowment for
the Arts, but retains an appropriate federal commitment to the
arts in our society. Provides that $80 million will be sent to
the states in two grants: 37% will be directed to state art
commissions; 60% will be directed to local school boards to
fund school-based art activities (arts education block grants);
and 3% is allowed for administrative costs. The current funding
for the state arts will be slightly increased with this
amendment. State arts commissions currently receive funding
from the NEA ($25.9 million). This amendment will increase this
funding by $3.7 million and distribute it on the basis of
population ($200,000 minimum). The arts education block grant
will be distributed to the states based on K-12 aged
population. Schools will not be able to cut their own arts
funding and still receive federal arts education grants. No
funding can go to obscene or pornographic art.
Weldon--10 minutes: Provides that the National Park Service
(NPS) cannot use any of the funds appropriated under this act
or any other act to designate any portion of Canaveral National
Seashore in Brevard County, Florida as a clothing optional area
or nude beach, if the designation would be contrary to local
county ordinance; this restriction includes a prohibition on
the posting of ``clothing optional'' signs.
Crapo--20 minutes: Deficit-Reduction Lock-Box.
amendments made in order by the rule
1. The Amendment To Be Offered by Representative Ehlers of Michigan or
a Designee, Debatable for Not To Exceed 60 Minutes
Page 76, after line 13, insert the following:
SUPPORT FOR THE ARTS
Financial Assistance to States and Local Education Agencies To Support
the Arts
For the necessary expenses to carry out section 202,
$80,000,000. Each amount otherwise appropriated in this Act
(other than in this paragraph) is hereby reduced by 0.62
percent.
General Provisions
termination of the national endowment for the arts
Sec. 201. (a) Repealers.--Sections 5, 5A, and 6 of the
National Foundation on the Arts and the Humanities Act of 1965
(42 U.S.C. 954, 955) are repealed.
(b) Conforming Amendments.--
(1) Declaration of purpose.--Section 2 of the
National Foundation on the Arts and the Humanities Act
of 1965 (20 U.S.C. 951) is amended--
(A) in paragraphs (1) and (6) by striking
``arts and the'',
(B) in paragraphs (2) and (5) by striking
``and the arts'',
(C) in paragraphs (4), (5), and (9) by
striking ``the arts and'',
(D) in paragraph (7) by striking ``the
practice of art and'',
(E) by striking paragraph (11), and
(F) in paragraph (12) by striking ``the Arts
and'' and redesignating such paragraph as
paragraph (11).
(2) Definitions.--Section 3 of the National
Foundation on the Arts and the Humanities Act of 1965
(20 U.S.C. 952) is amended--
(A) by striking subsections (b), (c), and
(f), and
(B) in subsection (d)--
(i) by striking ``to foster American
artistic creativity, to commission
works of art,'',
(ii) in paragraph (1)--
(I) by striking ``the
National Council on the Arts
or'', and
(II) by striking ``, as the
case may be,'',
(iii) in paragraph (2)--
(I) by striking ``sections
5(l) and'' and inserting
``section'',
(II) in subparagraph (A) by
striking ``artistic or'', and
(III) in subparagraph (B)--
(aa) by striking
``the National Council
on the Arts and'', and
(bb) by striking ``,
as the case may be,'',
and
(iv) by striking ``(d)'' and
inserting ``(b)'', and
(C) by redesignating subsections (e) and (g)
as subsections (c) and (d), respectively.
(3) Establishment of national foundation on the arts
and humanities.--Section 4(a) of the National
Foundation on the Arts and the Humanities Act of 1965
(20 U.S.C. 953(a)) is amended--
(A) in subsection (a)--
(i) by striking ``the Arts and'' each
place it appears, and
(ii) by striking ``a National
Endowment for the Arts,'',
(B) in subsection (b) by striking ``and the
arts'', and
(C) in the heading of such section by
striking ``the arts and''.
(4) Federal council on the arts and the humanities.--
Section 9 of the National Foundation on the Arts and
the Humanities Act of 1965 (20 U.S.C. 958) is amended--
(A) by striking in subsection (a) ``the Arts
and'',
(B) in subsection (b) by striking ``the
Chairperson of the National Endowment for the
Arts,'',
(C) in subsection (c)--
(i) in paragraph (1) by striking
``the Chairperson of the National
Endowment for the Arts and'',
(ii) in paragraph (3)--
(I) by striking ``the
National Endowment for the
Arts'', and
(II) by striking
``Humanities,'' and inserting
``Humanities'', and
(iii) in paragraphs (6) and (7) by
striking ``the arts and''.
(5) Administrative functions.--Section 10 of the
National Foundation on the Arts and the Humanities Act
of 1965 (20 U.S.C. 959) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph
(1)--
(I) by striking ``in them'',
(II) by striking ``the
Chairperson of the National
Endowment for the Arts and'',
and
(III) by striking ``, in
carrying out their respective
functions,'',
(ii) by striking ``of an endowment''
each place it appears,
(iii) in paragraph (2)--
(I) by striking ``of that
Endowment'' the first place it
appears and inserting ``the
National Endowment for the
Humanities'',
(II) by striking ``sections
6(f) and'' and inserting
``section'', and
(III) by striking ``sections
5(c) and'' and inserting
``section'', and
(iv) in paragraph (3) by striking
``Chairperson's functions, define their
duties, and supervise their
activities'' and inserting ``functions,
define the activities, and supervise
the activities of the Chairperson'',
(B) in subsection (b)--
(i) by striking paragraphs (1), (2),
and (3), and
(ii) in paragraph (4)--
(I) by striking ``one of its
Endowments and received by the
Chairperson of an Endowment''
and inserting ``the National
Endowment for the Humanities
and received by the Chairperson
of that Endowment'', and
(II) by striking ``(4)'',
(C) by striking subsection (c),
(D) in subsection (d)--
(i) by striking ``Chairperson of the
National Endowment for the Arts and
the'', and
(ii) by striking ``each'' the first
place it appears,
(E) in subsection (e)--
(i) by striking ``National Council on
the Arts and the'', and
(ii) by striking ``, respectively,'',
and
(F) in subsection (f)--
(i) in paragraph (1)--
(I) by striking ``Chairperson
of the National Endowment for
the Arts and the'', and
(II) by striking ``sections
5(c) and'' and inserting
``section'',
(ii) in paragraph (2)(A)--
(I) by striking ``either of
the Endowments'' and inserting
``National Endowment for the
Humanities'', and
(II) by striking
``involved'', and
(iii) in paragraph (3)--
(I) by striking ``that
provided such financial
assistance'' each place it
appears, and
(II) in subparagraph (C) by
striking ``the National
Endowment for the Arts or''.
(c) Authorization of Appropriations.--Section 11 of the
National Foundation on the Arts and the Humanities Act of 1965
(42 U.S.C. 960) is amended--
(A) in subsection (a)(1)--
(i) by striking subparagraphs (A) and (C),
and
(ii) in subparagraph (B) by striking ``(B)'',
(B) in subsection (a)(2)--
(i) by striking subparagraph (A), and
(ii) in subparagraph (B)--
(I) by striking ``(B)'', and
(II) by redesignating clauses (i) and
(ii) as subparagraph (A) and (B),
respectively,
(C) in subsection (a)(3)--
(i) by striking subparagraph (A),
(ii) by redesignating subparagraph (B) as
subparagraph (A),
(iii) by striking subparagraph (C), and
(iv) in subparagraph (D)--
(I) by striking ``(D)'' and inserting
``(B)'', and
(II) by striking ``and subparagraph
(B)'',
(D) in subsection (a)(4)--
(i) by striking ``Chairperson of the National
Endowment for the Arts and the'',
(ii) by striking ``, as the case may be,'',
and
(iii) by striking ``section 5(e), section
5(1)(2), section 7(f),'' and inserting
``section 7(f)'',
(E) in subsection (c)--
(i) by striking paragraph (1), and
(ii) in paragraph (2) by striking ``(2)'',
(F) in subsection (d)--
(i) by striking paragraph (1), and
(ii) in paragraph (2) by striking ``(2)'',
and
(G) by striking subsection (f).
(d) Transition Provisions.--
(1) Transfer of property.--On the effective date of
the amendments made by this section, all property
donated, bequeathed, or devised to the National
Endowment for the Arts and held by such Endowment on
such date is hereby transferred to the National
Endowment for Humanities.
(2) Termination of operations.--The Director of the
Office of Management and Budget shall provide for the
termination of the affairs of the National Endowment
for the Arts and the National Council on the Arts.
Except as provided in paragraph (1), the Director shall
provide for the transfer or other disposition of
personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of
appropriations, authorizations, allocations, and other
funds held, used, arising from, available to, or to be
made available in connection with implementing the
authorities terminated by the amendments made by this
section.
(e) Conforming Amendments to Other Laws.--
(1) Poet laureate consultant.--Section 601 of the
Arts, Humanities, and Museums Amendments of 1985 (2
U.S.C. 177) is amended by striking subsection (c).
(2) Executive schedule pay rate.--Title 5 of the
United States Code is amended in section 5314 by
striking the item relating to the Chairman of the
National Endowment for the Arts.
(3) Inspector general act of 1978.--Subsection (a)(2)
of the first section 8G of the Inspector General Act of
1978 (5 U.S.C. App. 8G(a)(2)) is amended by striking
``the National Endowment for the Arts''.
(4) Delta region preservation commission.--Section
907(a) of National Parks and Recreation Act of 1978 (16
U.S.C. 230f(a)) is amended--
(A) by striking paragraph (7),
(B) in the first paragraph (8) by striking
the period at the end and inserting ``; and'',
and
(C) by redesignating the first paragraph (8)
as paragraph (7).
(5) 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 Humanities''.
(6) Jacob k. javits fellowship program.--Section
932(a)(3) of the Higher Education Act of 1965 (20
U.S.C. 1134i(a)(3)) is amended by striking ``the
National Endowment for the Arts,''.
(7) 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
Endowment for the Arts and the Humanities'' and
inserting ``National Endowment for Humanities''.
(8) American folklife center.--Section 4(b) of the
American Folklife Preservation Act (20 U.S.C. 2103(b))
is amended--
(A) by striking paragraph (5), and
(B) by redesignating paragraphs (6) and (7)
as paragraphs (5) and (6), respectively.
(9) Japan-united states friendship commission.--
Section 4(a) of the Japan-United States Friendship Act
(22 U.S.C. 2903(a)) is amended--
(A) in paragraph (3) by adding ``and'' at the
end, and
(B) by redesignating paragraph (5) as
paragraph (4).
(10) 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,''.
(11) International culture and trade center
commission.--Section 7(c)(1) of Federal Triangle
Development Act (40 U.S.C. 1106(c)(1)) is amended--
(A) by striking subparagraph (I), and
(B) by redesignating subparagraph (J) as
subparagraph (I).
(12) Livable cities.--The Livable Cities Act of 1978
(42 U.S.C. 8143 et seq.) is amended--
(A) in section 804--
(i) in paragraph (4) by inserting
``and'' at the end,
(ii) by striking paragraphs (5) and
(7), and
(iii) in paragraph (6)--
(I) by striking ``; and'' at
the end and inserting a period,
and
(II) by redesignating such
paragraph as paragraph (5), and
(B) in section 805--
(i) in subsection (a)--
(I) by striking ``, in
consultation with the
Chairman,'', and
(II) in paragraph (3) by
striking ``jointly by the
Secretary and the Chairman''
and inserting ``by the
Secretary'',
(ii) in subsection (b) by striking
``and the Chairman shall establish
jointly'' and inserting ``shall
establish'',
(iii) in subsection (c) by striking
``jointly by the Secretary and the
Chairman'' and inserting ``by the
Secretary'',
(iv) in subsection (d)--
(I) by striking ``consult
with the Chairman and'', and
(II) by striking ``jointly by
the Secretary and the
Chairman'' and inserting ``by
the Secretary'', and
(v) in subsection (e) by striking ``,
and cooperation with the Chairman,''.
(13) Conversion of railroad passenger provisions.--
Title 49 of the United States Code is amended--
(A) in section 5562 buy striking subsection
(c),
(B) in section 5563(a)(4)--
(i) in subparagraph (A) by adding
``or'' at the end,
(ii) by striking subparagraph (B),
and
(iii) by redesignating subparagraph
(C) as subparagraph (B),
(C) in section 5564(c)(1)(C) by striking ``or
the Chairman of the National Endowment for the
Arts'', and
(D) in section 5565(c)(1)(B) by striking ``or
the Chairman of the National Endowment for the
Arts''.
(14) 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--
(A) in section 921(j)--
(i) by striking paragraph (5), and
(ii) by redesignating paragraphs (6),
(7), and (8) as paragraphs (5), (6),
and (7), respectively, and
(B) in section 931(h)(3)--
(i) by striking subparagraph (H), and
(ii) by redesignating subparagraphs
(I), (J), (K), and (L) as subparagraphs
(H), (I), (J), and (K), respectively.
(15) 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--
(A) in section 2101(b) by striking ``the
National Endowment for the Arts,'',
(B) in section 2205(c)(1)(D) by striking
``the National Endowment for the Arts,'' and
inserting ``and'',
(C) in section 2208(d)(1)(H)(v)--
(i) by inserting ``and'' after
``Services,'' the 2nd place it appears,
and
(ii) by striking ``, and the National
Endowment for the Arts'',
(D) in section 2209(b)(1)(C)(vi) by striking
``the National Endowment for the Arts,'',
(E) in section 3121(c)(2) by striking ``the
National Endowment for the Arts,'',
(F) in section 10401--
(i) in subsection (d)(6) by striking
``the National Endowment for the
Arts,'', and
(ii) in subsection (e)(2) by striking
``the National Endowment for the
Arts,'',
(G) in section 10411(a)--
(i) by striking paragraph (2), and
(ii) by redesignating paragraphs (3)
through (8) as paragraphs (2) through
(7), respectively,
(H) in section 10412(b)--
(i) in paragraph (2) by striking
``the Chairman of the National
Endowment for the Arts,'', and
(ii) in paragraph (7) by striking ``,
the Chairman of the National Endowment
for the Arts'',
(I) in section 10414(a)(2)(B)--
(i) in clause (i) by inserting
``and'' at the end,
(ii) by striking clause (ii), and
(iii) by redesignating clause (iii)
as clause (ii).
(16) Delta region heritage; new orleans jazz
commission.--Public Law 103-433 (108 Stat. 4515) is
amended--
(A) in section 1104(b) by striking ``the
Chairman of the National Endowment for the
Arts,'', and
(B) in section 1207(b)(6) by striking ``and
one member from recommendations submitted by
the Chairman of the National Endowment of the
Arts,''.
(f) Effective Date.--This section shall take effect on
October 1, 1997.
federal financial assistance to the states and local education agencies
to support the arts
Sec. 202. (a) Short Title.--This section may be cited as
the ``Art for Kids Act''.
(b) Grants to States.--From funds allotted under subsection
(e)(2), the Secretary of Education may make grants to eligible
States to support the arts in such a manner as will furnish
adequate programs, facilities, and services in the arts to all
the people and communities in each of the several States
through--
(1) projects and productions which have substantial
national or international artistic and cultural
significance;
(2) projects and productions, meeting professional
standards of authenticity or tradition, irrespective of
origin, which are of significant merit;
(3) projects and productions that will encourage and
assist artists to work in residence at an educational
or cultural institution;
(4) projects and productions which have substantial
artistic and cultural significance;
(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; and
(8) projects that enhance managerial and
organizational skills and capabilities.
(c) Grants to Local Education Agencies.--From funds
allotted under subsection (e)(1), the Secretary of Education
may make grants to eligible local education agencies to carry
out activities relating to the arts for the benefit of
children.
(d) Eligibility.--To be eligible to receive a grant under
this section in any fiscal year, a State or local education
agency shall submit an application for such grants at such time
as shall be specified by the Secretary and accompany such
application with a plan that the Secretary finds--
(1) in the case of a State applicant, designates or
provides for the establishment of a State agency
(hereinafter in this section referred to as the ``State
agency'') as the sole agency for the administration of
the State plan;
(2) provides that funds paid to the State or the
local education agency under this section will be
expended solely on projects, productions, and
activities approved by the State agency or the local
education agency, as the case may be, described in
subsection (b) or (c), respectively;
(3) provides that such projects, productions, and
activities will be carried out--
(A) in public, private, or public charter
schools;
(B) on government property;
(C) in government-owned or community art
museums; or
(D) in government-owned or community
theaters;
(4) provides that the State agency or the local
education agency, as the case may be, will make such
reports, in such form and containing such information,
as the Secretary may from time to time require,
including a description of the progress made toward
achieving the goals of the plan involved;
(5) provides--
(A) assurances that the State agency has
held, after reasonable notice, public meetings
in the State to allow all groups of artists,
interested organizations, and the public to
present views and make recommendations
regarding the State plan; and
(B) a summary of such recommendations and the
State agency's response to such
recommendations;
(6) contains--
(A) a description of the level of
participation during the most recent preceding
year for which information is available by
artists, artists' organizations, and arts
organizations in projects and productions for
which financial assistance is provided under
this section;
(B) in the case of a State applicant, for the
most recent preceding year for which
information is available, a description of the
extent projects and productions receiving
financial assistance from the State agency are
available to all people and communities in the
State; and
(C) a description of projects and productions
receiving financial assistance under this
section that exist or are being developed to
secure wider participation of artists, artists'
organizations, and arts organizations
identified under clause (i) of this
subparagraph or that address the availability
of the arts to all people or communities
identified under subparagraphs (B);
(7) an assurance that no part of a grant received
under this section will be used for any project,
production, or activity that is obscene or contains
sexually explicit conduct;
(8) an assurance that no part of a grant received
under this section will be used to provide financial
assistance to any applicant who in the then preceding
5-year period had artistic control of, or contributed
significant financial support for any project,
production, or activity that was obscene or contained
sexually explicit conduct; and
(9) an assurance that such funds will be used to
supplement, and not to supplant, non-Federal funds.
No application may be approved unless the accompanying plan
satisfies the requirements specified in this subsection.
(e) Allotment of Funds.--
(1) 60 percent of the funds appropriated for any
fiscal year to carry out this section shall be allotted
by the Secretary among local education agencies based
on the population of children who are not less than 5
years of age, and not more than 17 years of age,
residing in the geographical area under the
jurisdiction of such agencies.
(2) 37 percent of the funds appropriated for any
fiscal year to carry out this section shall be allotted
by the Secretary among the States as follows:
(A) If the amount appropriated for a fiscal
year does not exceed $11,200,000, then the each
State shall receive an equal share of such
amount.
(B) If the amount appropriated for a fiscal
year does exceed $11,200,000, then--
(i) the each State shall receive
$200,000; and
(ii) the amount remaining after
making the allotment required by clause
(i) shall be allocated among the States
based on population.
(f) Maintenance of Effort.--
(1) States.--If in any fiscal year the amount of non-
Federal funds expended by a State to carry out
activities relating to the arts is less than the amount
of such funds so expended in the preceding fiscal year
by such State, then the amount such State would be
eligible to receive under this section but for the
operation of this paragraph shall be reduced by 3 times
the percentage reduction of such non-Federal funds.
(2) Local education agencies.--(A) Except as provided
in subparagraph (B), if in any fiscal year the amount
of non-Federal funds expended by a local education
agency to carry out activities relating to the arts is
less than 90 percent the amount of such funds so
expended in the preceding fiscal year by such agency,
then such agency shall be ineligible to receive a grant
under this section for each fiscal year in 5-year
period beginning after the fiscal year in which the
reduction occurs.
(B) If throughout any period of 5 consecutive fiscal
years the aggregate amount of non-Federal funds
expended by a local education agency to carry out
activities relating to the arts is less than 80 percent
the amount of such funds so expended in the 5-year
period ending immediately before such period of 5
consecutive fiscal years, then such agency shall be
ineligible to receive grant under this section for each
fiscal year in 5-year period beginning immediately
after such period of 5 consecutive fiscal years during
which the reduction occurs.
(g) Compliance. Whenever the Secretary, after reasonable
notice and opportunity for hearing, finds that--
(1) a State agency or local education agency is not
complying substantially with terms and conditions of
its plan approved under this section; or
(2) any funds granted to a State agency or local
education agency under this section have been diverted
from the purposes for which they were allotted or paid;
the Secretary shall immediately notify the Secretary of the
Treasury and the State agency or local education agency with
respect to which such finding was made that no further grants
will be made under this section to such 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 agency repays or arranges the repayment of the
Federal funds which have been improperly diverted or expended.
(h) Guidelines.--The Secretary shall issue guidelines that
facilitate compliance with this section.
(i) Definitions.--For purposes of this section--
(1) the term ``arts'' includes, but is not limited
to, music (instrumental and vocal), dance, drama, folk
art, creative writing, architecture and allied fields,
painting, sculpture, photography, graphic and craft
arts, costume and fashion design, motion pictures,
televisions, radio, film, video, tape and
soundrecording, the arts related to the presentation, performance,
execution, and exhibition of such major art forms, all those
traditional arts practiced by the diverse peoples of this country, and
the study and application of the arts to the human environment;
(2) the term ``sexually explicit conduct'' has the
meaning given it in section 2256 of title 18, United
States Code;
(3) the term ``local education agency'' has the
meaning given it in section 14101 of the Elementary and
Secondary Education Act of 1965;
(4) the term ``production'' means plays (with or
without music), ballet, dance and choral performances,
concerts, recitals, operas, exhibitions, readings,
motion pictures, television, radio, film, video tape
and sound recordings, and any other activities
involving the execution or rendition of the arts;
(5) the term ``project'' means programs organized to
carry out this section, including programs to foster
American artistic creativity, to commission works of
art, to create opportunities for individuals to develop
artistic talents when carried on as a part of a program
otherwise included in this definition, and to develop
and enhance public knowledge and understanding of the
arts, and includes, where appropriate, rental or
purchase of facilities, purchase or rental of land, and
acquisition of equipment, and includes the renovation
of facilities if (i) the amount of the expenditure of
Federal funds for such purpose in the case of any
project does not exceed $250,000;
(6) the term ``Secretary'' means the Secretary of
Education; and
(7) the term ``State'' means any of the several
States, the Commonwealth of Puerto Rico, the District
of Columbia, Guam, American Samoa, the Northern Mariana
Islands, or the Virgin Islands of the United States.
(i) Report by Inspector General.--The Inspector General of
the Department of Education shall submit annually to the
Congress a report describing the extent to which recipients of
grants made under subsections (b) and (c) comply with the
requirements of this section.
(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $80,000,000 for
fiscal year 1998.
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2. The Amendment To Be Offered by Representative Weldon of Florida or a
Designee, Debatable for Not To Exceed 10 Minutes
Page 89, after line 15, insert the following new section:
Sec. 325. None of the funds made available in this or any
other Act for any fiscal year may be used to designate, or to
post any sign designating, any portion of Canaveral National
Seashore in Brevard County, Florida, as a clothing-optional
area or as an area in which public nudity is permitted, if such
designation would be contrary to county ordinance.
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3. The Amendment To Be Offered by Representative Crapo of Idaho or a
Designee, Debatable for Not To Exceed 20 Minutes
Page 89, after line 15, insert the following new title:
TITLE IV--DEFICIT REDUCTION LOCK-BOX
SEC. 401. SHORT TITLE.
This title may be cited as the ``Deficit Reduction Lock-box
Act of 1997''.
SEC. 402. DEFICIT REDUCTION LOCK-BOX LEDGER.
(a) Establishment of Ledger.--Title III of the
Congressional Budget Act of 1974 is amended by adding at the
end the following new section:
``deficit reduction lock-box ledger
``Sec. 314. (a) Establishment of Ledger.--The Director of
the Congressional Budget Office (hereinafter in this section
referred to as the `Director') shall maintain a ledger to be
known as the `Deficit Reduction Lock-box Ledger'. The Ledger
shall be divided into entries corresponding to the
subcommittees of the Committees on Appropriations. Each entry
shall consist of three parts: the `House Lock-box Balance'; the
`Senate Lock-box Balance'; and the `Joint House-Senate Lock-box
Balance'.
``(b) Components of Ledger.--Each component in an entry
shall consist only of amounts credited to it under subsection
(c). No entry of a negative amount shall be made.
``(c) Credit of Amounts to Ledger.--(1) The Director shall,
upon the engrossment of any appropriation bill by the House of
Representatives and upon the engrossment of that bill by the
Senate, credit to the applicable entry balance of that House
amounts of new budget authority and outlays equal to the net
amounts of reductions in new budget authority and in outlays
resulting from amendments agreed to by that House to that bill.
``(2) The Director shall, upon the engrossment of Senate
amendments to any appropriation bill, credit to the applicable
Joint House-Senate Lock-box Balance the amounts of new budget
authority and outlays equal to--
``(A) an amount equal to one-half of the sum of (i)
the amount of new budget authority in the House Lock-
box Balance plus (ii) the amount of new budget
authority in the Senate Lock-box Balance for that bill;
and
``(B) an amount equal to one-half of the sum of (i)
the amount of outlays in the House Lock-box Balance
plus (ii) the amount of outlays in the Senate Lock-box
Balance for that bill.
``(3) Calculation of lock-box savings in senate.--For
purposes of calculating under this section the net amounts of
reductions in new budget authority and in outlays resulting
from amendments agreed to by the Senate on an appropriation
bill, the amendments reported to the Senate by its Committee on
Appropriations shall be considered to be part of the original
text of the bill.
``(d) Definition.--As used in this section, the term
`appropriation bill' means any general or special appropriation
bill, and any bill or joint resolution making supplemental,
deficiency, or continuing appropriations through the end of a
fiscal year.''.
(b) Conforming Amendment.--The table of contents set forth
in section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by inserting after the item
relating to section 313 the following new item:
``Sec. 314. Deficit reduction lock-box ledger.''.
SEC. 403. TALLY DURING HOUSE CONSIDERATION.
There shall be available to Members in the House of
Representatives during consideration of any appropriations bill
by the House a running tally of the amendments adopted
reflecting increases and decreases of budget authority in the
bill as reported.
SEC. 404. DOWNWARD ADJUSTMENT OF 602(A) ALLOCATIONS AND SECTION 602(B)
SUBALLOCATIONS.
(a) Allocations.--Section 602(a) of the Congressional
Budget Act of 1974 is amended by adding at the end the
following new paragraph:
``(5) Upon the engrossment of Senate amendments to
any appropriation bill (as defined in section 314(d))
for a fiscal year, the amounts allocated under
paragraph (1) or (2) to the Committee on Appropriations
of each House upon the adoption of the most recent
concurrent resolution on the budget for that fiscal
year shall be adjusted downward by the amounts credited
to the applicable Joint House-Senate Lock-box Balance
under section 314(c)(2). The revised levels of budget
authority and outlays shall be submitted to each House
by the chairman of the Committee on the Budget of that
House and shall be printed in the Congressional
Record.''.
(b) Suballocations.--Section 602(b)(1) of the Congressional
Budget Act of 1974 is amended by adding at the end the
following new sentence: ``Whenever an adjustment is made under
subsection (a)(5) to an allocation under that subsection, the
chairman of the Committee on Appropriations of each House shall
make downward adjustments in the most recent suballocations of
new budgetauthority and outlays under subparagraph (A) to the
appropriate subcommittees of that committee in the total amounts of
those adjustments under section 314(c)(2). The revised suballocations
shall be submitted to each House by the chairman of the Committee on
Appropriations of that House and shall be printed in the Congressional
Record.''
SEC. 405. PERIODIC REPORTING OF LEDGER STATEMENTS.
Section 308(b)(1) of the Congressional Budget Act of 1974
is amended by adding at the end the following new sentence:
``Such reports shall also include an up-to-date tabulation of
the amounts contained in the ledger and each entry established
by section 314(a).''.
SEC. 406. DOWNWARD ADJUSTMENT OF DISCRETIONARY SPENDING LIMITS.
The discretionary spending limits for new budget authority
and outlays for any fiscal year set forth in section 601(a)(2)
of the Congressional Budget Act of 1974, as adjusted in strict
conformance with section 251 of the Balanced Budget and
Emergency Deficit Control Act of 1985, shall be reduced by the
amounts set forth in the final regular appropriation bill for
that fiscal year or joint resolution making continuing
appropriations through the end of that fiscal year. Those
amounts shall be the sums of the Joint House-Senate Lock-box
Balances for this fiscal year, as calculated under section
602(a) (5) of the Congressional Budget Act of 1974. That bill
or joint resolution shall contain the following statement of
law: ``As required by section 406 of the Deficit Reduction
Lock-box Act of 1997, for fiscal year [insert appropriate
fiscal year] and each outyear, the adjusted discretionary
spending limit for new budget authority shall be reduced by $
[insert appropriate amount of reduction] and the adjusted
discretionary limit for outlays shall be reduced by $ [insert
appropriate amount of reduction] for the budget year and each
outyear.'' Notwithstanding section 904(c) of the Congressional
Budget Act of 1974, section 306 of that Act as it applies to
this statement shall be waived. This adjustment shall be
reflected in reports under section 254(g) and 254(h) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 407. EFFECTIVE DATE.
(a) In General.--This title shall apply to all
appropriation bills making appropriations for fiscal year 1998
or any subsequent fiscal year.
(b) Definition.--As used in this section, the term
``appropriation bill'' means any general or special
appropriation bill, and any bill or joint resolution making
supplemental, deficiency, or continuing appropriations through
the end of a fiscal year.