[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.
                              ----------                              


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.
                              ----------                              


 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.