Calendar No. 283

103D CONGRESS

1ST SESSION S. 1218

[Report No. 103–182]

A BILL

To authorize appropriations for fiscal years 1994

poses.and the Museum Services Act, and for other puron the Arts and the Humanities Act of 1965,and 1995 to carry out the National Foundation

NOVEMBER 12, 1993

Reported with an amendment
II

Calendar No. 283

103D CONGRESS

1ST SESSION S. 1218

[Report No. 103–182]

To authorize appropriations for fiscal years 1994 and 1995 to carry out

the National Foundation on the Arts and the Humanities Act of 1965,

and the Museum Services Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 14 (legislative day, JUNE 30), 1993

Mr. PELL (for himself, Mr. JEFFORDS, and Mr. KENNEDY) introduced the following bill; which was read twice and referred to the Committee on Labor

and Human Resources

NOVEMBER 12, 1993

Reported under authority of the order of the Senate of November 11

(legislative day, November 2), 1993 by Mr. KENNEDY, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To authorize appropriations for fiscal years 1994 and 1995

to carry out the National Foundation on the Arts and

the Humanities Act of 1965, and the Museum Services

Act, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1218 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Arts, Humanities, and

3 Museums Amendments of 1993’’.

4 SEC. 2. AMENDMENTS TO THE NATIONAL FOUNDATION ON

5 THE ARTS AND THE HUMANITIES ACT OF

6 1965.

7 (a) FUNDS AUTHORIZED FOR PROGRAM GRANTS.—

8 Section 11(a)(1) of the National Foundation on the Arts

9 and the Humanities Act of 1965 (20 U.S.C. 960(a)(1))

10 is amended—

11 (1) in subparagraph (A)—

12 (A) in clause (i) by striking

13 ‘‘$125,800,000’’ and all that follows through

14 ‘‘1993’’, and inserting ‘‘$119,985,000 for fiscal

15 year 1994 and such sums as may be necessary

16 for fiscal year 1995’’;

17 (B) by amending clause (ii) to read as fol18 lows:

19 ‘‘(ii) Not less than 27.5 percent of the amount appro20 priated under clause (i) for each of the fiscal years 1994

21 and 1995 shall be for carrying out section 5(g).’’; and

22 (C) in the first sentence of clause (iii) by

23 striking ‘‘For’’ and all that follows through

24 ‘‘shall’’, and inserting ‘‘Not less than 7.5 per25 cent of the amount appropriated under clause
3

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1 (i) for each of the fiscal years 1994 and 1995

2 shall’’; and

3 (2) in the first sentence of subparagraph (B) by

4 striking ‘‘$119,900,000’’ and all that follows

5 through ‘‘1993’’, and inserting ‘‘$130,573,000 for

6 fiscal year 1994 and such sums as may be necessary

7 for fiscal year 1995’’.

8 (b) FUNDS AUTHORIZED TO MATCH NON-FEDERAL

9 FUNDS RECEIVED.—Section 11(a) of the National Foun10 dation on the Arts and the Humanities Act of 1965 (20

11 U.S.C. 960(a)) is amended—

12 (1) in paragraph (2)—

13 (A) in subparagraph (A)—

14 (i) by striking ‘‘1993’’ the first place

15 the term appears and inserting ‘‘1995’’;

16 and

17 (ii) by striking ‘‘$13,000,000’’ and all

18 that follows through ‘‘1993’’, and inserting

19 ‘‘$16,955,000 for fiscal year 1994 and

20 such sums as may be necessary for fiscal

21 year 1995’’; and

22 (B) in subparagraph (B)—

23 (i) by striking ‘‘1993’’ the first place

24 the term appears and inserting ‘‘1995’’;

25 and
4

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1 (ii) by striking ‘‘$12,000,000’’ and all

2 that follows through ‘‘1993’’, and inserting

3 ‘‘$11,963,000 for fiscal year 1994 and

4 such sums as may be necessary for fiscal

5 year 1995’’;

6 (2) in paragraph (3)—

7 (A) in subparagraph (A)—

8 (i) by striking ‘‘1993’’ the first place

9 the term appears and inserting ‘‘1995’’;

10 and

11 (ii) by striking ‘‘$15,000,000’’ and all

12 that follows through ‘‘1993’’, and inserting

13 ‘‘$13,187,000 for fiscal year 1994 and

14 such sums as may be necessary for fiscal

15 year 1995’’; and

16 (B) in subparagraph (B)—

17 (i) by striking ‘‘1993’’ the first place

18 the term appears and inserting ‘‘1995’’;

19 and

20 (ii) by striking ‘‘$15,150,000’’ and all

21 that follows through ‘‘1993’’, and inserting

22 ‘‘$14,228,000 for fiscal year 1994 and

23 such sums as may be necessary for fiscal

24 year 1995’’; and
5

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1 (3) in the last sentence of paragraph (4) by

2 striking ‘‘section 5(l)(2)’’ and inserting ‘‘section

3 5(p)(2)’’.

4 (c) FUNDS AUTHORIZED FOR ADMINISTRATION OF

5 PROGRAMS OF THE NATIONAL ENDOWMENTS.—Section

6 11(c) of the National Foundation on the Arts and the Hu7 manities Act of 1965 (20 U.S.C. 960(c)) is amended—

8 (1) in paragraph (1) by striking ‘‘$21,200,000’’

9 and all that follows through ‘‘1993’’, and inserting

10 ‘‘$24,466,000 for fiscal year 1994 and such sums as

11 may be necessary for fiscal year 1995’’; and

12 (2) in paragraph (2) by striking ‘‘$17,950,000’’

13 and all that follows through ‘‘1993’’, and inserting

14 ‘‘$20,727,000 for fiscal year 1994 and such sums as

15 may be necessary for fiscal year 1995’’.

16 (d) LIMITATIONS ON TOTAL APPROPRIATIONS AU17 THORIZED.—Section 11(d) of the National Foundation on

18 the Arts and the Humanities Act of 1965 (20 U.S.C.

19 960(d)) is amended—

20 (1) in paragraph (1) by striking ‘‘exceed’’ and

21 all that follows through the period at the end, and

22 inserting ‘‘exceed $174,593,000 for fiscal year

23 1994.’’; and

24 (2) in paragraph (2) by striking ‘‘exceed’’ and

25 all that follows through the period at the end, and
6

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1 inserting ‘‘exceed $177,491,000 for fiscal year

2 1994.’’.

3 SEC. 3. AMENDMENTS TO THE MUSEUM SERVICES ACT.

4 Section 209 of the Museum Services Act (20 U.S.C.

5 967) is amended—

6 (1) in subsection (a) by striking ‘‘$24,000,000’’

7 and all that follows through ‘‘1993’’, and inserting

8 ‘‘$28,777,000 for fiscal year 1994 and such sums as

9 may be necessary for fiscal year 1995’’; and

10 (2) in subsection (d) by striking ‘‘1993’’ and in11 serting ‘‘1995’’.

12 SECTION 1. SHORT TITLE.

13 This Act may be cited as the ‘‘Arts, Humanities, and

14 Museums Amendments of 1993’’.

15 SEC. 2. AMENDMENTS TO THE NATIONAL FOUNDATION ON

16 THE ARTS AND THE HUMANITIES ACT OF 1965.

17 (a) MODIFICATION OF LIMITATION ON USE OF FED18 ERAL FUNDS.—Section 5(g) of the National Foundation on

19 the Arts and the Humanities Act of 1965 (20 U.S.C. 954(g))

20 is amended—

21 (1) in paragraph (4)(C)—

22 (A) by inserting ‘‘(i)’’ after ‘‘(C)’’; and

23 (B) by adding at the end the following:

24 ‘‘(ii) Notwithstanding any other provision of this sub25 section, the amount allotted to a State for the current fiscal
7

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1 year under this subsection may not be greater than the

2 amount so allotted to such State for the preceding fiscal

3 year if—

4 ‘‘(I) the amount of State funds to be expended for

5 such current fiscal year to carry out this subsection

6 is less than the average annual amount expended by

7 such State during the most recent preceding period of

8 3 fiscal years to carry out this subsection; and

9 ‘‘(II) the rate of the reduction in the amount of

10 State funds exceeds the rate of reduction in the aggre11 gate of all general fund expenditures to be made by

12 the State in such current fiscal year.’’; and

13 (2) in paragraph (5)—

14 (A) by striking ‘‘(5) All’’ and inserting

15 ‘‘(5)(A) Except as provided in subparagraph

16 (B), all’’; and

17 (B) by adding at the end the following:

18 ‘‘(B) All amounts allotted under paragraph (3) that

19 are not made available to a State as a result of the oper20 ation of subsection (g)(4)(C)(ii) shall be allotted to the re21 maining States in equal amounts.’’.

22 (b) FUNDS AUTHORIZED FOR PROGRAM GRANTS.—

23 Section 11(a)(1) of the National Foundation on the Arts

24 and the Humanities Act of 1965 (20 U.S.C. 960(a)(1)) is

25 amended—
8

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1 (1) in subparagraph (A)—

2 (A) in clause (i) by striking ‘‘$125,800,000’’

3 and all that follows through ‘‘1993’’, and insert4 ing ‘‘$119,985,000 for fiscal year 1994 and such

5 sums as may be necessary for fiscal year 1995’’;

6 (B) by amending clause (ii) to read as fol7 lows:

8 ‘‘(ii) Not less than 27.5 percent of the amount appro9 priated under clause (i) for each of the fiscal years 1994

10 and 1995 shall be for carrying out section 5(g).’’; and

11 (C) in the first sentence of clause (iii) by

12 striking ‘‘For’’ and all that follows through

13 ‘‘shall’’, and inserting ‘‘Not less than 7.5 percent

14 of the amount appropriated under clause (i) for

15 each of the fiscal years 1994 and 1995 shall’’;

16 and

17 (2) in the first sentence of subparagraph (B) by

18 striking ‘‘$119,900,000’’ and all that follows through

19 ‘‘1993’’, and inserting ‘‘$130,573,000 for fiscal year

20 1994 and such sums as may be necessary for fiscal

21 year 1995’’.

22 (c) FUNDS AUTHORIZED TO MATCH NON-FEDERAL

23 FUNDS RECEIVED.—Section 11(a) of the National Founda24 tion on the Arts and the Humanities Act of 1965 (20 U.S.C.

25 960(a)) is amended—
9

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1 (1) in paragraph (2)—

2 (A) in subparagraph (A)—

3 (i) by striking ‘‘1993’’ the first place

4 the term appears and inserting ‘‘1995’’; and

5 (ii) by striking ‘‘$13,000,000’’ and all

6 that follows through ‘‘1993’’, and inserting

7 ‘‘$16,955,000 for fiscal year 1994 and such

8 sums as may be necessary for fiscal year

9 1995’’; and

10 (B) in subparagraph (B)—

11 (i) by striking ‘‘1993’’ the first place

12 the term appears and inserting ‘‘1995’’; and

13 (ii) by striking ‘‘$12,000,000’’ and all

14 that follows through ‘‘1993’’, and inserting

15 ‘‘$11,963,000 for fiscal year 1994 and such

16 sums as may be necessary for fiscal year

17 1995’’;

18 (2) in paragraph (3)—

19 (A) in subparagraph (A)—

20 (i) by striking ‘‘1993’’ the first place

21 the term appears and inserting ‘‘1995’’; and

22 (ii) by striking ‘‘$15,000,000’’ and all

23 that follows through ‘‘1993’’, and inserting

24 ‘‘$13,187,000 for fiscal year 1994 and such
10

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1 sums as may be necessary for fiscal year

2 1995’’; and

3 (B) in subparagraph (B)—

4 (i) by striking ‘‘1993’’ the first place

5 the term appears and inserting ‘‘1995’’; and

6 (ii) by striking ‘‘$15,150,000’’ and all

7 that follows through ‘‘1993’’, and inserting

8 ‘‘$14,228,000 for fiscal year 1994 and such

9 sums as may be necessary for fiscal year

10 1995’’; and

11 (3) in the last sentence of paragraph (4) by

12 striking ‘‘section 5(l)(2)’’ and inserting ‘‘section

13 5(p)(2)’’.

14 (d) FUNDS AUTHORIZED FOR ADMINISTRATION OF

15 PROGRAMS OF THE NATIONAL ENDOWMENTS.—Section

16 11(c) of the National Foundation on the Arts and the Hu17 manities Act of 1965 (20 U.S.C. 960(c)) is amended—

18 (1) in paragraph (1) by striking ‘‘$21,200,000’’

19 and all that follows through ‘‘1993’’, and inserting

20 ‘‘$24,466,000 for fiscal year 1994 and such sums as

21 may be necessary for fiscal year 1995’’; and

22 (2) in paragraph (2) by striking ‘‘$17,950,000’’

23 and all that follows through ‘‘1993’’, and inserting

24 ‘‘$20,727,000 for fiscal year 1994 and such sums as

25 may be necessary for fiscal year 1995’’.
11

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1 (e) LIMITATIONS ON TOTAL APPROPRIATIONS AU2 THORIZED.—Section 11(d) of the National Foundation on

3 the Arts and the Humanities Act of 1965 (20 U.S.C. 960(d))

4 is amended—

5 (1) in paragraph (1) by striking ‘‘exceed’’ and

6 all that follows through the period at the end, and in7 serting ‘‘exceed $174,593,000 for fiscal year 1994.’’;

8 and

9 (2) in paragraph (2) by striking ‘‘exceed’’ and

10 all that follows through the period at the end, and in11 serting ‘‘exceed $177,491,000 for fiscal year 1994.’’.

12 (f) INVESTIGATION AND REPORT.—Not later than Sep13 tember 30, 1995, the Chairperson of the National Endow14 ment for the Arts shall—

15 (1) conduct an investigation of State compliance

16 with section 5(g)(4)(C)(i) of the National Foundation

17 on the Arts and the Humanities Act of 1965 (20

18 U.S.C. 954(g)(4)(C)(i)); and

19 (2) submit to the Speaker of the House of Rep20 resentatives and the President pro tempore, a report

21 containing—

22 (A) the results of such investigation; and

23 (B) any information and recommendations

24 as the Chairperson considers to be appropriate.
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1 SEC. 3. AMENDMENTS TO THE MUSEUM SERVICES ACT.

2 Section 209 of the Museum Services Act (20 U.S.C.

3 967) is amended—

4 (1) in subsection (a) by striking ‘‘$24,000,000’’

5 and all that follows through ‘‘1993’’, and inserting

6 ‘‘$28,777,000 for fiscal year 1994 and such sums as

7 may be necessary for fiscal year 1995’’; and

8 (2) in subsection (d) by striking ‘‘1993’’ and in9 serting ‘‘1995’’.